What is Act No. 85 / 2012 Coll.?

Act No. 85 / 2012 Coll., on the storage of carbon dioxide in natural rock structures and on the modification of certain laws — Act on the storage of carbon dioxide in natural rock structures and on the modification of certain laws.

When it became Act No. 85 / 2012 Coll. effectiveness?

Act No. 85 / 2012 Coll. became effective 19.04.2012.

Is Act No. 85 / 2012 Coll. still valid?

Yes, Act No. 85 / 2012 Coll. is still valid and effective.

Act No. 85 / 2012 Coll. - Act on the storage of carbon dioxide in...

85

THE LAW

of 7 February 2012

on the storage of carbon dioxide in natural rock structures and amending certain laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

DETERMINATION OF OXIDE CARRIED OUT IN NATURAL HORN STRUCTURES

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This law incorporates the relevant European Union1) and regulates the rights and obligations of legal and business individuals in the field of the storage of carbon dioxide in natural rock structures and the exercise of the government's administration.

(2) This Act does not apply to the storage of carbon dioxide in natural rock structures with a total intended storage capacity of less than 100 kilotons carried out for research, development or testing of new products and processes.

§ 2

Basic concepts

For the purposes of this Act:

(a) carbon dioxide flow - the flow of substances resulting from carbon dioxide capture processes;

(b) by imposing carbon dioxide - the introduction of carbon dioxide into natural rock structures in order to retain it permanently in such structures;

(c) carbon dioxide storage - a defined space within natural rock structures designed to store carbon dioxide and related surface and insertion devices as defined in the storage permit;

(d) storage complex - carbon dioxide storage and surrounding rock environment, which may affect the overall integrity of this storage site and the security of carbon dioxide storage;

(e) carbon dioxide leakage - release of carbon dioxide from the storage complex,

(f) serious irregularity - the difference between the values given in the monitoring plan and the actual values found during the storage of carbon dioxide, relating to stored carbon dioxide or the state of the storage complex, indicating risks of carbon dioxide leakage or risks to the environment or human health,

(g) substantial change - a change in the operation of a carbon dioxide storage site which is not included in the operating permit and which may have a significant impact on the environment or human health;

(h) serious risk - the combination of the likelihood and extent of damage or environmental damage that cannot be avoided without calling into question its functionality or safety for the carbon dioxide storage concerned;

(i) corrective measures - measures taken to remedy serious irregularities or to eliminate carbon dioxide losses in order to prevent or stop the release of carbon dioxide from the storage complex;

(j) transport network - the network of pipelines for the transport of carbon dioxide to the carbon dioxide storage site, including associated compression stations;

(k) operator - the person who operates or controls the repository or who has been given decisive economic authority over the technical side of the repository's operation;

(l) water column - vertically linked meat of water from the surface to the sediments of the water body,

(m) geological formation - a set of rocks which, according to their physical and chemical properties, can be combined with a position in the earth's crust, distinguished from other rock sets and mapped;

(n) carbon dioxide cloud - dispersed carbon dioxide volume in geological formation,

(o) migration - the movement of carbon dioxide within the storage complex,

(p) by closing the repository - the final end of the carbon dioxide insertion into the repository,

(q) time after closure - time after closure of the repository, including time after the transition to the competent authority.

§ 2a

Public utility

Carbon dioxide storage and transport networks are public utility structures.

HLAVA II

CONDITIONS FOR AUTHORIZATION OF CARBON OXIDE

§ 3

Authorisation for the operation of carbon dioxide storage sites

(1) Carbon dioxide storage may be operated only on authorisation. The operation of the carbon dioxide storage site and its changes are permitted by the District Mining Authority.

(2) The authorisation of the operation of the carbon dioxide storage site may be issued by the District Mining Office only to an applicant who fulfils the financial conditions to ensure that all obligations laid down by this Act are fulfilled.

(3) The financial assumptions referred to in paragraph 2 shall mean the applicant's ability to finance the operation of the repository and the ability to ensure the obligations arising under this Act and the authorisation granted under it. The fulfilment of the financial assumptions is ensured by the establishment of a financial security of risks under Section 16. The applicant for an authorisation is not financially eligible if he has a non-payment registered in his tax records with the tax authorities of the Czech Republic or the customs authorities of the Czech Republic. The financial assumptions referred to in paragraph 2 shall not be met by the applicant if, over the past 3 years, the court has annulled the insolvency proceedings on the applicant's assets because the order for insolvency has been completed or the court has rejected the insolvency application because the debtor's assets will not be sufficient to cover the costs of the insolvency proceedings or has decided to cancel the insolvency proceedings because the debtor's assets are completely inadequate.

(4) A permit for more than one carbon dioxide storage in a single hydraulic unit, represented by a hydraulically interconnected pore space enclosed by impermeable barriers in which pressure propagation can be measured by technical means, may be issued by the District Mining Authority only if any mutual pressure effects are such that all carbon dioxide storage sites can simultaneously meet the requirements for the operation of the carbon dioxide storage.

(5) The Circular Mining Authority shall allow the operation of a carbon dioxide storage site only in such natural rock structures, the geological nature of which is established on the basis of the results of a survey carried out under another legislation2) ensures that, using the proposed carbon dioxide storage technology, no serious risk of carbon dioxide leakage or serious risks to the environment or human health and for the storage of carbon dioxide, a protected area under another legislature3).

§ 4

Procedure for authorising the operation of a carbon dioxide storage site

(1) The procedure for authorising or amending the operation of the carbon dioxide storage site shall be initiated at the request of the applicant. A party to the proceedings for the authorisation of the operation of a storage site of carbon dioxide shall be the applicant, the municipality in whose territorial district the storage of carbon dioxide is to be established, persons meeting the conditions laid down in other legislation4), and persons whose rights and rights and obligations may be affected by the authorisation.

(2) The Ministry of Industry and Trade issues binding positions (5) in the procedure for the authorisation of the operation of the carbon dioxide storage site in natural rock structures after the extraction of oil or flammable natural gas deposits. In its binding opinion, it shall state, in terms of raw material policy and state energy security, whether it agrees to store carbon dioxide in the proposed natural rock structures and may lay down conditions. If, from the point of view of raw material policy and the energy security of the State, it is preferable to use natural rock structures as an underground container of flammable natural gas, it shall give a dissent.

(3) In the procedure for authorising the operation of a cross-border carbon dioxide storage, the District Mining Office shall cooperate with the competent authority of the Member State of the European Union concerned.

(4) Where an application for authorisation for the operation of a storage site of carbon dioxide is submitted by the holder of a decision on the establishment of an exploratory site for the search and survey of a storage site of carbon dioxide, issued under another legislative provision (2), he shall take precedence over other applicants for authorisation to operate the same storage site provided that the search and survey has been completed, all the conditions laid down in the decision setting out the exploratory territory have been met and the application for authorisation for the operation of the storage site of carbon dioxide has been made by that applicant during the period of validity of the decision setting out the survey area.

(5) During the procedure for authorising the operation of the carbon dioxide storage site, the use of a storage complex contrary to the purpose of this Act shall not be permitted. The procedure for authorising the conflicting use of the storage complex initiated under another legislation shall be suspended if the procedure for authorising the operation of the carbon dioxide storage site under this law has been initiated. During the period of validity of the authorisation for the operation of the carbon dioxide storage site, the use of this storage site may not be permitted which would be contrary to the purpose of this Act.

(6) If interests protected under other legislation or ownership or other rights of persons could be compromised by the operation of the carbon dioxide repository, the provisions of the Mining Act (6) on the management of conflicts of interest shall apply mutatis mutandis.

(7) Save as otherwise provided in this Law, the law governing mining, explosives and state mining administration shall apply to the procedure for authorising the operation of the carbon dioxide storage site.

§ 5

Application for authorisation to operate a repository

(1) An application for authorisation to operate a carbon dioxide storage site shall contain:

(a) the company, name or name, surname and surname, registered office or place of residence, identification number of the person or, where applicable, data box of the applicant;

(b) the authorisation number of the mining activity (7) of the applicant;

(c) the number of the certificate of competence of the race8), as natural persons responsible for the operation of the carbon dioxide storage site;

(d) an indication of the total quantity of carbon dioxide to be pushed and stored, its potential resources, the mode of transport, the composition of carbon dioxide flows, the speed and pressure of the injection, the location of the incorporation device and its technical description;

(e) a description of the measures to prevent serious irregularities.

(2) The application referred to in paragraph 1 shall be accompanied by:

(a) a final report on the results of the carbon dioxide storage and storage complex survey under another legislation2),

(b) the draft monitoring plan;

(c) draft corrective action plan;

(d) a draft preliminary action plan after the closure of the carbon dioxide storage site;

(e) the opinion or conclusion of the investigation procedure issued under another legislation9),

(f) certificates which are not more than 30 days old that the applicant does not have a arrears registered with the tax authorities of the Czech Republic or the customs authorities of the Czech Republic,

(g) proof that the financial security of the risks required under Article 16 enters into force and into force before the introduction into force;

(h) evidence of the resolution of conflicts of interest where interests protected under other legislation could be compromised by the operation of the carbon dioxide storage site;

(i) documents proving the applicant's ownership or other right to land intended for the installation of the incorporation device.

(3) The applicant may request an exemption from one or more of these criteria when describing and assessing the intended storage complex and surrounding areas, which are carried out by best practice in three steps according to the criteria laid down by the Geological Labour Act. The Circular Mining Authority may allow an exemption from one or more of these criteria, provided that the applicant has demonstrated that the exemption does not adversely affect the decision on the suitability of the intended storage complex.

(4) The Circular Mining Office shall submit an application for authorisation to operate the carbon dioxide storage site to the Czech Mining Office, which shall send it to the European Commission ("the Commission ') for review within one month of its delivery. Furthermore, the Czech Mining Authority will make available to the Commission other related materials that the District Mining Authority will take into account when deciding to grant authorisation to operate the carbon dioxide storage site. During the review of the request by the Commission, which starts on the date of dispatch of the request by the Circuit Mining Office to the Czech Mining Office and ends on the date of receipt of the Commission's opinion by the Circuit Mining Office, the time limit for the decision shall not run.

§ 6

Decision authorising the operation of the carbon dioxide storage site

(1) In the decision authorising the operation of the carbon dioxide storage site, in addition to the general requirements laid down in the Administrative Regulation, the following shall be indicated:

(a) identification of the operator authorised to operate the carbon dioxide storage site;

(b) the location and delimitation of the carbon dioxide storage and storage complex and the data concerning the hydraulic unit of the natural rock structure;

(c) the conditions of operation of the storage site of carbon dioxide, the limits of storage pressure, the maximum speed and pressure at insertion, the total amount of carbon dioxide allowed to be stored in the storage site and the maximum quantity of carbon dioxide permitted to be stored in the storage site in one calendar year; that quantity must not exceed 1 million tonnes of carbon dioxide,

(d) the conditions for the composition and the process of accepting the flow of carbon dioxide and, if necessary, additional conditions for incorporation and storage, in particular in order to prevent serious irregularities;

(e) the conditions for the closure of the carbon dioxide storage site;

(f) conditions relating to changes, reviews, updates and cancellations of traffic permits;

(g) conditions for the negotiation and maintenance of financial risk security;

(h) conditions for the creation of a financial reserve;

(i) the conditions for the deposit of a financial contribution in a special bank account bound.

(2) The Annex to the Decision authorising the operation of the carbon dioxide storage site consists of:

(a) the monitoring plan;

(b) a plan of remedial measures;

(c) a preliminary plan of action after the closure of the carbon dioxide storage site.

(3) The Czech Mining Authority will notify the Commission of the final decision of the Circular Mining Office to allow the operation of the carbon dioxide storage site. If the decision deviates from the opinion of the Commission, the district mining authority shall state the reasons for the decision.

§ 7

Amendments, review, update and revoke the permit for the operation of the carbon dioxide storage site

(1) The operator shall notify the Circuit Mining Authority of any changes planned in the operation of the carbon dioxide storage site. The notification shall be supported by documentation enabling the Circular Mining Authority to assess whether it is a substantial change in the operation of the carbon dioxide storage site.

(2) A substantial change is the subject of a survey procedure under the Environmental Impact Assessment Act 9). A substantial change may be made by the operator only after a new permit has been issued or following a change in the permit for the operation of the carbon dioxide storage site.

(3) The Circular Mining Authority shall review and amend, as necessary, or, if strictly necessary, revoke the authorisation to operate the carbon dioxide storage site,

(a) where any leakage of carbon dioxide or serious irregularities referred to in Article 11 (1) has been notified to him or has been brought to his attention;

(b) where the reports submitted pursuant to Article 10 or the checks carried out pursuant to Article 21 indicate that the conditions of authorisation are not complied with or there is a serious risk of carbon dioxide leakage or serious irregularities are detected;

(c) if he becomes aware of any non-compliance with the permit conditions,

(d) where this appears necessary on the basis of the latest scientific knowledge and technological progress;

(e) where the operator notifies changes in accordance with paragraph 1; or

(f) without prejudice to points (a) to (e), 5 years after the authorisation and every 10 years thereafter.

(4) The Circular Mining Authority shall decide on the closure of the carbon dioxide storage site after the decision to revoke the authorisation pursuant to paragraph 3 has become final after the acquisition of legal power, unless the Czech Mining Authority decides to continue the storage of carbon dioxide within 30 days of the acquisition of legal power. The Czech Mining Authority may impose on another undertaking a natural or legal person authorised to carry out mining activities in order to continue the storage of carbon dioxide until the issue of a new authorisation for the operation of the carbon dioxide storage site.

(5) The Circular Mining Authority shall temporarily assume, until the issue of a new authorisation, the obligations of the operator relating to the criteria for the acceptance of carbon dioxide, monitoring and corrective measures implemented under this Act, the elimination of allowances in the event of leakage under another legislation10) and preventive and corrective measures implemented under another legislation11). Where, pursuant to paragraph 4, a natural or legal person is entrusted with continuing the storage of carbon dioxide, that person shall be responsible for carrying out the operator's duties.

(6) An operator whose authorisation has been revoked pursuant to paragraph 3 is obliged to pay the costs which have been demonstrated to have been incurred in connection with the fulfilment of the obligations under paragraph 5. The District Mining Authority shall recover these costs, including by drawing on the financial security provided for in Section 16.

HLAVA III

OBLIGATIONS TO OPERATE THE SHEET AND AFTER ITS CLOSING

§ 8

Criteria and procedure for the intake of carbon dioxide

(1) The flow of carbon dioxide shall not contain additives in significant quantities; may contain randomly associated substances from the source or the capture or storage process and tracers added to facilitate the detection and verification of the spread of carbon dioxide. The concentration of all random and added substances must be lower than the values which

(a) adversely affect the integrity of the carbon dioxide storage or the transport infrastructure concerned;

(b) present a serious risk to the environment or human health; or

(c) have been contrary to other legislation12).

(2) It is prohibited to add waste or other substances to the carbon dioxide collected, transported and stored for disposal.

(3) The supplier of carbon dioxide shall ensure that the analysis of the transferred carbon dioxide and the risk assessment are carried out and the results are transmitted to the recipient of carbon dioxide at the latest at the time of the receipt of the carbon dioxide.

(4) An operator is only entitled to receive and store the flow of carbon dioxide if its composition and risk assessment have been analysed, which includes the determination of corrosive substances and sulphur compounds and the risk assessment of hydrogen sulphide fragility.

(5) The operator shall keep a record of the quantity and characteristics of the carbon dioxide delivered and injected, including its composition.

§ 9

Monitoring

(1) The operator is required to carry out monitoring of insertion facilities, storage complex and, where necessary, the surrounding environment for the purpose of:

(a) a comparison of the actual behaviour of carbon dioxide and water present in the repository with that foreseen in the final report prepared under another legislation2);

(b) the identification of serious irregularities;

(c) the detection of carbon dioxide movements;

(d) detection of any leakage of carbon dioxide and its volume;

(e) identification of any significant adverse effects on the environment, in particular drinking water, population or user of the surrounding biosphere;

(f) assessment of the effectiveness of corrective actions;

(g) an update of the safety and integrity assessment of the storage complex in the short and long term, including an assessment of whether the stored carbon dioxide will be fully and permanently detained.

(2) The operator shall carry out the monitoring in accordance with the monitoring plan. The criteria for drawing up and updating the monitoring plan and for monitoring after closure are set out in the Annex to this Act.

(3) The operator shall update the monitoring plan at least every 5 years. The operator shall take into account changes in the risk assessment of leakage, changes in the risk assessment for the environment and human health, new scientific knowledge and progress made in the best available technologies. The updated monitoring plan shall be submitted by the operator to the District Mining Authority with an application to change the authorisation of the operation of the carbon dioxide storage site.

(4) Monitoring under this Act is without prejudice to the obligations to detect, report and verify greenhouse gas emissions under other legislation10).

§ 10

Reporting

(1) The operator shall submit to the District Mining Authority within the time limits set by it and at least once a year,

(a) all the results of the monitoring referred to in Article 9 for the reporting period, including information on the monitoring technology used;

(b) proof of the composition and maintenance of the financial collateral referred to in Article 16;

(c) other information necessary for the purpose of assessing compliance with the conditions of authorisation to store and disseminate knowledge of the behaviour of carbon dioxide in the carbon dioxide storage site.

(2) The operator shall submit to the Circular Mining Authority, by 15 March of the following calendar year, information on the quantities and characteristics of the carbon dioxide flows, including its composition, which have been delivered and pressed into the carbon dioxide storage for the previous calendar year and which have been registered in accordance with Article 8 (5).

§ 11

Measures in the event of evasion or serious irregularities

(1) The operator shall notify the Regional Mining Authority and the Ministry of the Environment without delay of any leakage of carbon dioxide or significant irregularities and shall take the necessary corrective measures, including their notification.

(2) Corrective measures, including those relating to the protection of human health, are implemented by the operator on the basis of a plan of remedial measures.

(3) The Circular Mining Authority may order the operator to implement the necessary corrective measures to prevent leakage of carbon dioxide or serious irregularities and measures relating to the protection of human health and to set deadlines for their implementation. The operator shall carry out the measures ordered at his own expense. Such measures may be complementary to those set out in the corrective action plan or may be different.

(4) Where an operator has not implemented the necessary corrective measures or is unable to implement the corrective measures referred to in paragraph 3, or where there is a risk of delay, it shall ensure that the necessary corrective measures are implemented by the District Mining Authority at the expense of the operator which has been obliged to take corrective measures pursuant to paragraph 1. The Czech Mining Authority may impose other undertakings on a natural or legal person authorised to carry out mining activities in order to implement the necessary corrective measures. The authorised personnel of the District Mining Office or the authorised natural or legal persons involved shall be entitled to enter the premises and facilities of the operator and to take the necessary measures to that end.

(5) The costs incurred in relation to the measures referred to in paragraphs 3 and 4 shall, as a priority, be borne by drawing on the financial security of the risks referred to in Article 16. An operator which has been required to implement corrective measures pursuant to paragraph 1 shall be obliged to supplement financial security in order to meet the requirements for financial security and the conditions laid down in the decision authorising the operation of the carbon dioxide storage site.

(6) If all the costs incurred in relation to the measures referred to in paragraphs 3 and 4 are not covered by the financial security of the risks, the district mining authority shall recover the operator's costs.

§ 12

Obligations on the closure and closure of carbon dioxide storage

(1) The carbon dioxide storage site shall be closed if the conditions laid down in the operating permit or at the reasoned request of the operator are fulfilled, after approval by the district mining office.

(2) The operator is obliged to close the carbon dioxide storage site if the district mining office cancels the permit pursuant to § 7 (3) and the Czech mining office subsequently does not decide to continue the storage of carbon dioxide pursuant to § 7 (4).

(3) The operator shall permanently seal the carbon dioxide storage site and dismantle the insertion device before its closure no later than 1 year after the date of approval of the application referred to in paragraph 1 or the date of revocation of the authorisation referred to in paragraph 2.

(4) Following the closure of the carbon dioxide storage referred to in paragraph 1, the operator shall continue to be obliged to monitor, report, implement corrective actions in accordance with the requirements laid down in this Act and to comply with the obligations related to the decommissioning of allowances in the event of leakage under another legislation10) and with preventive and corrective measures implemented under another legislation11) until the transition of obligations under § 13 (1) to (5).

(5) The obligations referred to in paragraph 4 shall be fulfilled by the operator on the basis of an activity plan after the closure of the carbon dioxide storage site, which shall be drawn up on the basis of the information collected and modeled during the implementation of the monitoring plan referred to in Article 9 (1).

(6) The operator shall amend the preliminary plan concerning the activity after the closure of the carbon dioxide storage before the closure of the carbon dioxide storage referred to in paragraph 1, taking into account the analysis of the risk of carbon dioxide leakage, risks to the environment or human health, best practices and best available techniques. The operator is obliged to submit the modified plan to the District Mining Authority for approval. The approval shall make this plan binding on activities after the closure of the repository.

(7) Following the closure of the carbon dioxide storage referred to in paragraph 2, the District Mining Authority shall be obliged to carry out monitoring or corrective actions in accordance with the requirements laid down in this Act and to comply with the obligations related to the decommissioning of allowances in the event of leakage under another legislation10) and with preventive and corrective measures implemented under another legislation11). The Czech Mining Authority may impose on another undertaking a natural or legal person authorised to carry out mining activities after the closure of the carbon dioxide storage site.

(8) The requirements for post-closure activities under this Act are fulfilled on the basis of a preliminary plan of action after the closure of the carbon dioxide storage referred to in paragraph 5, which shall be updated as necessary. Where, pursuant to paragraph 7, an undertaking or legal entity is entrusted with carrying out activities after the closure of the carbon dioxide repository, it shall, after updating, submit a preliminary plan of activities to the Central Mining Authority, together with an application to change the authorisation of the carbon dioxide storage site.

(9) An operator whose authorisation has been revoked pursuant to paragraph 3 shall be obliged to pay the costs which have been demonstrated to have been incurred in connection with the fulfilment of the obligations under paragraph 7. The District Mining Authority shall recover these costs, including by drawing on the financial security provided for in Section 16.

§ 13

Transition of obligations

(1) Where a carbon dioxide storage site has been closed in accordance with Paragraph 12 (1), the obligations relating to the monitoring and implementation of corrective measures under this Act, the exclusion of allowances in the event of a leak under another legal regulation10) and preventive and corrective measures implemented under another legislation11) shall pass to the district mining office which issued the authorisation to operate the repository. The Czech Mining Authority may impose on another undertaking a natural or legal person authorised to carry out mining activities after the transfer of obligations under this Act.

(2) The procedure for authorising the transition of obligations shall be initiated by the District Mining Authority on its own initiative or at the request of the operator. The Circular Mining Authority shall issue a decision approving the transition of obligations if the following conditions are met:

(a) all available findings indicate that the stored carbon dioxide is and remains fully and permanently contained;

(b) the time has elapsed since the closure of the carbon dioxide storage site established by the peripheral mining office; that period shall not be less than 20 years, except where the operator provides evidence to the Circular Mining Authority on the basis of a report prepared by a competent person under another legislation2) that the criterion referred to in point (a) is met before its expiry;

(c) the financial contribution has been deposited by the operator into the special bank account of the Czech Mining Office pursuant to § 18;

(d) the storage of carbon dioxide has been sealed and the incorporation device has been dismantled or otherwise removed.

(3) An operator shall ensure that a report is prepared by a competent person under another legislation2) demonstrating that the condition referred to in paragraph 2 (a) has been met and presenting it to the Circular Mining Authority with an application for approval of the transition of obligations. This report shall demonstrate:

(a) the conformity of the actual behaviour of the stored carbon dioxide with that of the model according to the final report prepared under another legislation2);

(b) the absence of detectable carbon dioxide leakage;

(c) the fact that carbon dioxide storage is close to a state of long-term stability.

(4) Where the conditions referred to in paragraph 2 (a) and (b) are met, the District Mining Authority shall draw up a draft decision approving the transition of obligations. In particular, the draft decision shall specify the procedure by which it is determined that the conditions referred to in paragraph 2 (d) have been met and any updated requirements concerning the sealing of the carbon dioxide storage, dismantling or other removal of the incorporation devices. The draft decision and any material it takes into account when preparing the draft decision will be sent by the district mining office to the Czech Mining Office. The district mining office shall reject the application if the conditions referred to in paragraph 2 (a) and (b) are not fulfilled.

(5) The Czech Mining Authority shall make the reports referred to in paragraph 3 available to the Commission within one month of their receipt. The Czech Mining Authority shall make available to the Commission, within the same time limit, other relevant materials which the District Mining Office has taken into account in preparing the draft decision approving the transition of obligations and shall send this proposal to the Commission, including any other materials taken into account by the District Mining Office in its decision-making.

(6) During the examination of the draft decision by the Commission, which starts on the date of dispatch of the draft decision to the Czech Mining Authority and ends on the date of service of the Commission's opinion to the Regional Mining Authority, the time limits for the decision shall not run. If the conditions laid down in paragraph 2 (a) to (d) are fulfilled, the District Mining Office shall take a decision and send it to the Czech Mining Office after the acquisition of legal power. The Czech Mining Authority shall notify the final decision to the Commission. Where the decision deviates from the opinion of the Commission, the district mining authority shall state in the decision the reasons why the decision deviates from the opinion of the Commission.

(7) After the adoption of a decision approving the transition of obligations, the checks carried out under Paragraph 21 shall cease and the monitoring may be limited to a level which allows for the detection of carbon dioxide leakage or serious irregularities. When detecting carbon dioxide leakage or serious irregularities, monitoring shall be carried out to a greater extent to assess the extent of carbon dioxide leakage or serious irregularities and the effectiveness of corrective actions. The monitoring range may be determined by the Circular Mining Authority.

(8) If, due to an operator's failure to provide sufficient data, omission of information, negligence, fraud or non-compliance with due diligence, the costs of monitoring after the closure of the carbon dioxide storage site and the necessary corrective measures are not covered by the financial contribution provided for in Paragraph 18, the operator shall bear those costs.

(9) Where the storage of carbon dioxide has been closed in accordance with Paragraph 12 (2), the transition of obligations shall be deemed to have taken place at the time when the decision to authorise the transition of obligations becomes final. The Circular Mining Authority shall issue a decision approving the transition of obligations where all available evidence indicates that the stored carbon dioxide will be fully and permanently detained, the carbon dioxide storage, the dismantling or other removal of the incorporation devices.

HLAVA IV

FINANCIAL INSTRUMENTS

§ 14

Carbon dioxide storage charge

(1) The fee shall be paid by the operator authorised to operate the carbon dioxide storage site.

(2) The subject of the carbon dioxide storage charge is carbon dioxide, which is stored in natural rock structures.

(3) The basis of the carbon dioxide storage charge is the amount of carbon dioxide stored in natural rock structures, rounded up to the nearest tonne.

(4) The fee for the storage of carbon dioxide is CZK 1 per tonne of carbon dioxide stored in natural rock structures.

(5) The fee period shall be a calendar year.

(6) By 15 March of the year immediately following the end of the fee period, the payer shall submit a fee return to the Circular Mining Office.

(7) The form and structure of the fee returns, including the prescribed data, are laid down by the Czech Mining Office by decree.

(8) The carbon dioxide storage fee shall be payable within 30 days of delivery of the payment notice.

(9) The administrator of the carbon dioxide storage charge is the district mining office responsible locally for the location of the carbon dioxide storage device in natural rock structures.

(10) The income from the carbon dioxide storage charge is the income of the municipality in whose cadastral territory is located the insertion of carbon dioxide storage devices into natural rock structures. The fee manager shall transfer the proceeds of the fee to the municipality within 30 days of the date of payment of the fee to the account of the relevant district mining office.

§ 15

Financial security

(1) The applicant for authorisation of the operation of the carbon dioxide storage site must demonstrate that he is able to provide appropriate financial security covering:

(a) risks during operation and after the closure of the repository (hereinafter referred to as "financial security of risks");

(b) the expected costs related to the obligations in the closure and post-closure of the carbon dioxide storage site and the transition of obligations (hereinafter referred to as the "financial reserve").

(2) The government shall determine how financial security is to be created and how financial security is to be used.

§ 16

Financial security of risks

(1) In particular, the following instruments may be used for financial risk security:

Citation	Act No. 85 / 2012 Coll., on the storage of carbon dioxide in natural rock structures and on the modification of certain laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	20.03.2012
Effective from	19.04.2012
Effective until	-
Status	Valid

Act No. 85 / 2012 Coll.

Act on the storage of carbon dioxide in natural rock structures and on the modification of certain laws

Contents