Act No. 88 / 2021 Coll.
Act amending Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, and other related laws
Valid
Law
Effective from 16.03.2021
88
THE LAW
of 9 February 2021
amending Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Mining Act
Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll., Act No. 10 / 1993 Coll., Act No. 168 / 1993 Coll., Act No. 132 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 68 / 2000 Coll., Act No. 20 / 2001 Coll., Act No. 61 / 2002 Coll., Act No. 350 / 2002 Coll., Act No. 498 / 2012 Coll., Act No. 150 / 2003 Coll., Act No. 3 / 2005 Coll., Act No. 20 / 2009 Coll., Act No. 20 / 2006 Coll.
1. In Part Four, the following Section 14d is inserted after the heading of the section, including the title:
Raw material policy
(1) Raw material policy in the field of minerals and their resources (hereinafter referred to as "raw material policy") is a strategic document expressing the objectives of the State in the use and protection of mineral resources and other mineral resources. Raw materials policy shall be adopted for a maximum period of 25 years.
(2) Raw materials policy is the basis for the exercise of government administration in the areas of exploration of mineral deposits, the protection of mineral resources and the establishment of conquest areas and one of the grounds for territorial development policy and planning documentation.
(3) The government, on a proposal from the Minister for Industry and Trade, approves the crude policy. For information, the government presents a raw material policy to the Chamber of Deputies and the Senate.
(4) The Ministry of Industry and Trade shall evaluate the filling of raw material policy at least every 5 years and inform the Government of the evaluation. '
2. Paragraph 16 (4) is deleted.
3. Paragraph 25 (4) is deleted.
4. Paragraph 29, including the title and footnotes No 29 and 30, reads as follows:
Registration
(1) The basic register of territorial identification, addresses and real estates (29) keeps protected geographical areas. The protected bearing area shall be maintained:
(a) the identification details which are the code, name and identification number of the protected bearing area under which it is kept in the register of protected bearing areas;
(b) localisation data, which are the boundaries of the protected bearing area (30);
(c) details of links to other territorial elements;
(d) other information:
1. area of protected bearing area,
2. bearing minerals,
3. the date on which the decision on the establishment and amendment of a protected bearing area becomes final.
The data editor is the Ministry of the Environment.
(2) In addition, the basic register of territorial identification, addresses and real estate are maintained as special-purpose territorial elements (29). About the conquest space
(a) the identification details which are the code, name and number of the conquest area under which it is kept in the summary register of conquest areas;
(b) location data, which are the boundaries of the conquest area (§ 26 (1));
(c) details of links to other territorial elements;
(d) other information:
1. the surface area of the conquering area;
2. bearing minerals,
3. the date on which the decision on the establishment of the mining area and its amendment became final.
The data editor is the Czech Mining Office.
(3) The Register of Territorial Identification, Addresses and Real Estate provides information from the Czech Mining Office's Agenda Information System on the holder of the mining space for the purpose of carrying out the obligations under the first sentence of Section 62 (1) of Act No. 111 / 2009 Coll., on basic registers, as amended.
(4) Ministry of the Environment
(a) the registration of the exclusive bearing certificate;
(b) the registration of protected bearing areas;
(c) aggregate stock records of exclusive bearings;
(d) the balance sheet of mineral stocks.
The Ministry of the Environment may entrust the management of such records and balance sheets to the state contribution organisation set up by it.
(5) The Czech Mining Office keeps a summary of the mining premises and their changes. The District Mining Authority shall keep records of the mining premises and their changes for its perimeter.
(6) The manner, formalities and form of keeping records of stocks of exclusive bearings will be regulated by the Ministry of the Environment by the Decree.
29) Paragraph 31 (2) of Act No. 111 / 2009 Coll., on Basic Registers, as amended.
30) Paragraph 3 (3) of Decree No. 364 / 1992 Coll., on protected bearing areas. '
5. Paragraph 29a (1) reads as follows:
"(1) For the purposes of the registration of mining and operational data (hereinafter referred to as" mining '), the identification data of mineral deposits and data on:
(a) the number of employees and other persons providing mining and related activities;
(b) the volume of stocks of deposits reserved for or not reserved for minerals;
(c) the volume of the cover;
(d) the amount of mining;
(e) mining costs;
(f) the average market price per unit of the quantity laid down by the Government's Decree on the rates of remuneration for recovered minerals, for each of the types of minerals recovered,
(g) the extent of the areas concerned by mining;
(h) mining works;
(i) the length of the mine works maintained;
(j) the consumption of explosives;
(k) the remediation and reclamation of the land affected by the extraction (Section 31 (5));
(l) the creation and use of financial provisions for remediation and reclamation and mine damage. ';
6. Paragraph 29a (6) reads as follows:
"(6) The Ministry of Industry and Trade shall provide the data kept in the mining and technical records to the public authorities at their request and to the extent necessary to exercise their competence. Each year, the Ministry of Industry and Trade shall provide the data kept in the mining and technical records of the Czech Mining Office in its entirety by 31 March of the calendar year following the year to which the data relate."
7. Paragraph 31 (5) and (6), including footnote 14a, read:
"(5) The organisation shall ensure the remediation and reclamation of all the land affected by the extraction. For the purposes of this Act, remediation means the introduction of the territory of the affected effects of mining activity into a stable and safe state which allows reclamation to be carried out in accordance with another legislation 14a); Part of the remediation is the technical disposal of the mine or quarry. The remediation of land released during the quarry shall be carried out according to the plan of opening, preparing and quarrying.
(6) For the purposes of this Act, the technical disposal of a mine or quarry means the placing of mining works in a state which will not create a safety risk or a risk of environmental damage or accident. The technical disposal of the mine or quarry includes construction and sub-surface objects, the removal of which is necessary for the purpose of remediation and reclamation, or are part of the main mining works.
14a) Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended. Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended. '.
footnote 14b is deleted.
8. In Paragraph 32 (2), the words "Paragraph 31 (6) and 'are deleted.
9. In Paragraph 33j, the following paragraph 2 is inserted after paragraph 1:
"(2) In the case of an individual species of acquired mineral, the value of which depends on the content of the component or its quality, the sub-basis for the payment of the quantity of that component in the final product of extraction and modification of the acquired mineral. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
10. § 33k, including the title, reads:
Rate of remuneration
(1) The rate of remuneration for the various sub-bases of remuneration shall be no more than 10% of the reference price per unit of quantity for each type of mineral obtained or the individual utility component.
(2) The Government, by regulation, sets the rates of remuneration for each sub-base.
(3) Where the rate of remuneration of recovered minerals for the individual sub-base of the remuneration referred to in the Government Regulation exceeds the threshold referred to in paragraph 1, the rate for that sub-base of remuneration shall be 10% of the reference price per unit of quantity for that type of mineral obtained or that utility component. In that case, the Ministry of Industry and Trade shall publish this rate in the form of a communication in the Collection of Laws by 31 May of the payment period.
(4) The reference price for the purposes of paragraphs 1 and 3 shall be determined by the Ministry of Industry and Trade for the period concerned by 31 May of that period; In doing so, it is based on the market prices calculated by the weighted average on the prices for the past remuneration period established on the basis of data from the mining and technical records. In the case of a mineral which was not extracted during the last payment period in the Czech Republic, the Ministry of Industry and Trade will determine the reference price on the basis of the prices of the mineral in the world markets. "
11. in Paragraph 33s (5), the text "paragraph 2" is replaced by "paragraph 3."
12.
Reserves of funds
(1) The Organisation is required to create reserves of funds to ensure:
(a) the remediation and reclamation of the land affected by the extraction; and
(b) settlement of mining damage.
(2) The level of the reserves must be in line with the needs for the settlement of mining damage and for remediation and reclamation, including in view of the estimated period of application. The creation, drawing, selection, transfer and cancellation of reserves shall be subject to the approval of the Central Mining Office.
(3) The organisation shall document the request for consent to the Regional Mining Authority
(a) the creation of reserves to assess the adequacy of their amount and the timing of their formation;
(b) drawing from the mine damage settlement reserve an inventory of the mining damage, quantifying the expected costs of its disposal and the time-course of the recovery of the mining damage;
(c) drawing from the reserve for the remediation and reclamation of the list of planned and carried out works, an overview of the costs of their execution and the time course of the recovery and reclamation funds.
(4) District Mining Authority
(a) agree to the creation, selection, transfer and cancellation of reserves;
(b) give consent to drawing from reserves; in so doing it is based on the purpose for which those reserves are created;
(c) control the creation of reserves.
Before issuing the consent referred to in point (b), the district mining office shall request the opinion of the municipality concerned, the Ministry of the Environment and, in the case of an organisation with State participation, the Ministry of Industry and Trade.
(5) The funds of the reserves shall be deposited in a special binding account under the law governing the provision for the determination of the income tax base established in the Czech Republic with a bank or branch of a foreign bank established in another Member State of the European Union by 30 June of the calendar year following the end of the relevant financial year. In the event that the organisation does not do so, the District Mining Office shall set an appropriate alternate period. The funds of the reserves shall not be subject to collateral, shall not form part of the property of the taxpayer in insolvency proceedings (31) and shall not be subject to enforcement or execution. It must be clear from the contract for a special account that it is a special account which is held for the purposes of this Act and for the purposes of which the reserve is established.
(6) When transferring the mining space, the organisation shall transfer the funds of the reserves deposited in a special binding account and government bonds purchased from the funds of those reserves to the new holder of the mining space. The new holder of the mining space shall have provisions relating to the transferred storage space at the date of the transfer of the mining space in a special escrow account at the level that the transferring organisation was obliged to create at the date of the transfer of the storage space; This is without prejudice to the possibility of using reserve funds for the acquisition of sovereign bonds (32).
(7) The organisation shall have all the funds of the reserves referred to in paragraph 1 in a special escrow account by 30 June 2030 at the level to be created on 31 December 2029. If an organisation permanently terminates the acquisition of the exclusive bearing before that date, it shall have at the date of the permanent termination of the acquisition in a special tied account all the funds of the reserves referred to in paragraph 1 to be created on the date of the permanent termination of the acquisition.
(8) The costs of the necessary assessments and expert opinions are borne by the organisation.
(9) Unless otherwise provided for in this law, the provisions governing provisions for determining the income tax base shall apply to the reserves of funds.
31) Act No. 182 / 2006 Coll., on the bankruptcy and methods of its resolution (insolvency law), as amended.
32) § 10a (4) (a) of Act No. 593 / 1992 Coll. '
footnotes 20a and 20b are deleted.
13. in Article 40a (2) and (3):
"(2) The organisation commits an infringement by:
(a) in contravention of Article 29a (4) or (5), it shall not provide data for the technical records in due time, correctly, truthfully or to the extent specified;
(b) fails to fulfil one of the obligations laid down in Paragraph 31 (5);
(c) it shall not deposit the funds of the provisions in a special tied account in accordance with Paragraph 37a (5) or within a reasonable period of time set by the Circular Mining Office;
(d) shall not deposit the funds of the provisions in a special tied account in accordance with Article 37a (6) or (7).
(3) An offence may be imposed
(a) a fine of up to 15 000 CZK if it is an offence referred to in paragraph 1;
(b) a fine of up to 100 000 CZK if it is an offence referred to in paragraph 2 (a),
(c) a fine of up to 5 000 000 CZK, if it is an offence referred to in paragraph 2 (b),
(d) a prohibition of activity for up to three years consisting of a prohibition of conquest, if it is an infringement pursuant to paragraph 2 (c) or (d). "
14. in Article 40b (1), the words "and 2 (b), (c) and (d)" shall be inserted after the words "Paragraph 40a (2)" and the words "(a)" shall be inserted after the words "Paragraph 40a (2)."
Transitional provisions
1. The organisation shall notify the Circuit Mining Authority within 6 months of the date of entry into force of this Act of the amount of the funds of the reserves registered at the date of entry into force of this Act which it does not have deposited in a special binding account.
2. The organisation shall submit to the Regional Mining Authority a quantification of the costs of technical destruction of the mine or quarry within 2 years of the date of entry into force of this Act.
3. The fee paid by the State in the course of the period of remuneration until 31 December 2021 shall apply the rates of remuneration from the State in accordance with the Decree of the Government issued pursuant to Section 33k of Act No. 44 / 1988 Coll., as effective before the date of entry into force of this Act, if the rates of remuneration from the obtained minerals are more favourable.
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
In Article 13 (1) (a) of Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Republic, as amended by Act No. 474 / 1992 Coll. and Act No. 272 / 1996 Coll., the word "uniform 'is deleted and after the word" policy' the words "in the field of minerals and their resources' are inserted.
Amendment of the Reserve Act to determine the income tax base
Act No. 593 / 1992 Coll., on reserves for the determination of the income tax base, as amended by Act No. 157 / 1993 Coll., Act No. 323 / 1993 Coll., Act No. 244 / 1994 Coll., Act No. 132 / 1995 Coll., Act No. 211 / 1997 Coll., Act No. 176 / 2003 Coll., Act No. 669 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 545 / 2005 Coll., Act No. 223 / 2006 Coll.
1. In Article 10 (2), the words "funds for the remediation of land affected by mining, the reserve for the settlement of mining damage 15) 'shall be replaced by the words" for the remediation and reclamation of land affected by mining or the settlement of mining damage constituted under the law governing the protection and exploitation of mineral assets'.
footnote 15 is deleted, including the footnote references.
2. in Article 10a (4) (a), the words "for the remediation of land affected by mining and reserves" shall be replaced by the words "made up of a law governing the protection and use of mineral assets for the remediation and reclamation of land affected by mining or";
Amendment of the Basic Register Act
In Article 31 (2) of Act No. 111 / 2009 Coll., on Basic Registers, as amended by Act No. 192 / 2016 Coll., the words "and if these special purpose territorial elements are fully compounded by at least some of the essential elements referred to in paragraph 1 or into one of them 'are deleted.
Transitional provisions
1. The Ministry of the Environment shall enter the data on the protected bearing area in the territorial identification information system no later than 12 months after the date of entry into force of this Act.
2. Within 17 months of the date of entry into force of this Act, the Czech Office of Geographic and Catastral in cooperation with the Ministry of the Environment will ensure that checks are carried out and disagreements between data on protected bearing areas entered in the information system for territorial identification and data kept in the cadastral.
3. The Czech Geographic and Catastral Office will declare the date of entry of data on the definition of protected bearing areas into the basic register of territorial identification, addresses and real estate following the checks and the removal of discrepancies, no later than 18 months after the date of entry into force of this Act. Paragraph 29 (1) of Act No 44 / 1988 Coll., as effective from the date of entry into force of this Act, shall apply from the date on which the data on the definition of protected bearing areas is entered in the basic register of territorial identification, addresses and real estate.
4. The Czech Mining Office shall enter data on the mining premises in the information system of territorial identification no later than 6 months after the date of entry into force of this Act.
5. Within 11 months of the date of the entry into force of this Act, the Czech Office of Geometry and Catastral, in cooperation with the Czech Mining Office, will ensure that checks are carried out and disagreements between the data on conquest areas entered in the information system of territorial identification and those kept in the property register.
6. The Czech Land Department and the cadastral office shall declare the date of entry of data on the definition of conquest areas into the basic register of territorial identification, addresses and real estate, no later than 12 months after the date of entry into force of this Act. Paragraph 29 (2) and (3) of Act No 44 / 1988 Coll., as effective from the date of entry into force of this Act, shall apply from the date on which the data on the definition of conquest areas is entered in the basic register of territorial identification, addresses and real estate.
EFFECTIVE
This Act shall take effect on the 15th day following its publication, with the exception of Article I (2) and (3), which shall take effect on 1 July 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 88 / 2021 Coll., amending Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.03.2021 |
|---|---|
| Effective from | 16.03.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Mining
Administrative law
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