Decree No. 96 / 1988 Coll.
Decree of the Czech Geological Office on the management of exclusive bearings and on the registration and depreciation of their stocks
Valid
Effective from 01.07.1988
96
DECLARATION
Czech Geological Office
of 27 May 1988
on the management of exclusive bearings and the registration and depreciation of their stocks
The Czech Geological Office provides, pursuant to § 22 paragraph 4 and in agreement with the Federal Ministry of Finance pursuant to § 10 paragraph 3 and in agreement with the Czech Mining Office and the Czech Commission for Planning and Scientific and Technological Development pursuant to § 21 paragraph 4 of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act):
MANAGEMENT OF EXERCISE ITEMS
Designation of the sole bearing manager
The operator of a bearing of a dedicated mineral shall be designated by the central authority of the State at the same time as the issuance of the certificate of exclusive bearing; 1) the administrator of the bearing of an unreserved mineral shall determine at the same time as the decision on suitability of the bearing for the needs and development of the national economy2) (hereinafter referred to as the "exclusive bearing decision ').
Obligations of the sole bearing manager
The sole bearing manager 3) is obliged
(a) propose to the Circular Mining Office the designation, modification or cancellation of the protected bearing area, where appropriate;
(b) to comment on applications for authorisation of structures and installations in a protected bearing area not linked to the conquest of the exclusive bearing;
(c) maintain, supplement and store metering (4) and geological document5) in search, exploration, reconnaissance, preparation and conquest of the sole bearing and other mining activities;
d) continuously evaluate, document, register and report stocks of the exclusive bearing and its changes (§ 8),
(e) to address in due time conflicts of interest in the setting of the conquest area and in planning the opening, preparation and extraction of the exclusive bearing with the authorities to which their protection is due under specific regulations, (6) in particular with a view to reducing adverse environmental effects;
(f) propose, after taking over the exclusive bearing, for the acquisition of the designation, modification or cancellation of the mining space, where appropriate, to the central authority of the state, the management of the exclusive bearing,
(g) to use rationally the stocks of the exclusive bearing in mining, processing and processing of minerals, to register and evaluate the curvature and pollution, as well as the results obtained in the treatment and processing of minerals in connection with their conquest;
h) take care of the protection of the exclusive bearing, in particular to use all legal means against unauthorised interference and to exercise the right to compensation in due time;
(i) to provide further research of the exclusive bearing in advance in the boundaries of the conquest area and, where justified, outside the conquest area to specify the quantity and quality of its stocks and the geological and mining conditions;
(j) to fulfil other obligations laid down by the Mining Act and other generally binding legislation.
Transfer of sole bearing management
(1) The management of the exclusive bearing is transferred by an economic contract to state organisations designated for this purpose. 7)
(2) The economic contract for the transfer of the sole bearing management includes:
(a) the name of the bearing, the type of mineral and the quantity of stocks by category, balance sheet and binding, the condition under which the stocks are assessed and the indication of the security of the bearing protection;
(b) determination of the date of the transfer;
(c) an inventory submitted by metering, geological or other documentation,
(d) an indication of other material values which are transferred at the same time as the bearing, indicating the amount of the remuneration, unless they are transferred free of charge;
(e) an undertaking to cover the costs of the geological survey carried out, provided that they have not already been settled under specific rules. 8)
(3) The transfer of the management of the exclusive bearing shall be notified by the receiving organisation within one month to the district mining office in whose circumference the exclusive bearing or the major part thereof lies.
Management of the exclusive bearing not submitted for conquest
(1) If the exclusive bearing has not been submitted for conquest after the completion of the survey, the Czech Geological Authority, and the Federal Ministry of Fuel and Energy, will normally ensure its administration with its measures. 10)
(2) The sole bearing manager, which was not submitted for conquest after completion of the survey, is obliged to:
(a) propose to the District Mining Office the establishment of a protected bearing area, if not yet established, or, where appropriate, propose its amendment or cancellation;
(b) register and report stocks of the exclusive bearing;
(c) to take care of the protection of the exclusive bearing, in particular to use all legal means against unauthorised interference and to exercise the right to compensation in due time;
(d) to keep metering, geological and, where appropriate, other documentation;
(e) transfer the management of the exclusive bearing to a state organization intended for its conquest or surrender, if it is in the collective interest, to permanent use of a socialist organisation other than the state.
Surrender the exclusive bearing to permanent use
(1) The transfer of the exclusive bearing to permanent use is carried out by an economic contract.
(2) The economic contract for the permanent use of the exclusive bearing contains:
(a) the name of the bearing, the type of mineral, the quantity of its stocks by category, balance sheet and binding, the condition under which the bearing stock is evaluated, and the indication of the security of the bearing protection,
(b) determination of the date of permanent use;
(c) an inventory submitted by metering, geological or other documentation,
(d) the definition of the basic obligations and rights of a durable user and the conditions for settlement in the event of the termination of permanent use;
(e) details of any restrictions on the right of permanent use;
(f) the designation of other immovable national assets which are surrendered with sole bearing;
(g) an obligation to pay the costs of the geological survey carried out and other material values to be taken over.
(3) The removal of the exclusive bearing into permanent use shall be notified by the permanent user to the district mining office within one month, in whose circumference the exclusive bearing or the larger part thereof lies.
Obligations of the permanent user of the exclusive bearing
(1) The permanent user of the exclusive bearing fulfils the obligations set out in Section 2 of this Decree.
(2) The permanent user of the exclusive bearing may make investments in connection with its use only with the prior written consent of the sole bearing manager. When giving consent, it must be determined whether and to what extent a permanent user is entitled to the sole bearing manager to pay for the investment funds he has spent on the termination of permanent use. The remuneration may not exceed the cost of the acquisition of the investment, less wear and, where appropriate, accidental depreciation. Where the costs of investments made by a permanent user have been paid from the state budget or have been incurred by a permanent user without the prior written consent of the sole bearing administrator, the cost reimbursement is not for the permanent user.
REIMBURSEMENT OF EXPOSURES
Principles for stock registration of exclusive bearings
(1) Stocks of all evaluated minerals of the exclusive bearing must be recorded and reported. In cases designated by the Czech Geological Authority in an agreement with the central government bodies under whose jurisdiction the relevant mineral species are being conquered, stocks of exclusive deposits shall be recorded and reported according to the technological types, (11) or according to the commercial components. 12)
(2) Stocks of exclusive bearings are recorded and reported broken down by the classification of stocks of exclusive bearings regulated by specific regulations. 13)
Keeping stock records by the administrator or permanent user of the exclusive bearing
(1) The administrator or permanent user of the exclusive bearing is obliged to keep a record of the state and changes in its stocks.
(2) The starting point is the state of stocks of the exclusive bearing according to the last approved stock calculation. Changes in stocks of the exclusive bearing shall be recorded, reported and documented according to the causes of their formation, namely:
(a) by supplementing and clarifying the existing knowledge of the development of the bearing and its stocks by exploration and new knowledge found by opening, preparing and capturing; are demonstrated by geological documentation,
(b) the acquisition of stocks; evidence of geological documentation and mining records,
(c) extractive losses involving stocks which have been retained in the harvested part of the bearing and which are not written off, and mineral materials exported with noise to the discharge or discharge; evidence of geological documentation and mining records,
(d) re-evaluation of stocks by new condition, re-approved calculation of stocks or by binding or, where appropriate, by release of stocks; demonstrate the determination of new conditions with an appropriate reassessment of stocks or the approval of a new stock calculation or, where appropriate, a decision to bind or release stocks;
(e) by surrender or acceptance of part of the bearing; evidence of the transfer of the sole bearing management or part thereof,
(f) depreciation of stocks (Section 14); they are demonstrated by a decision to write off stocks of the exclusive bearing.
(3) The administrator or, where applicable, the permanent user of the exclusive bearing is obliged to send by 1 March of the calendar year to the Czech Geological Authority and to the central authority in whose jurisdiction it belongs, reports on the state of stocks of the bearing on 1 January of the calendar year and changes in stocks in the previous year. The report shall be made on statistical reports issued by the Czech Geological Authority, including a list of registered minerals, their technological types and commercial components.
(4) The Czech Geological Authority checks the status and changes of stocks of exclusive bearings in terms of their completeness, reliability and follow-up to previous reports in cooperation with the central authority, which includes the administrator or permanent user of the exclusive bearing, the Czech Commission for Planning and Scientific and Technical Development, or the State Planning Commission and the Czech Mining Office. According to the results of the examination of the reports, those central authorities impose measures within their scope to address the deficiencies identified.
Summary stock records of exclusive bearings
(1) The Czech Geological Office maintains the summary stock records of exclusive bearings. This register provides complete and updated data on the verified mineral base of the Czech Socialist Republic in terms of its mineral composition, location, quantity and quality of stocks of exclusive bearings and their state of use. Aggregate stock records of exclusive bearings are based in particular
(a) for the planning of bearing exploration, rectifying research into mining technology, treatment and processing of minerals and for the planning of the use of stocks of exclusive bearings;
(b) for the creation of concepts and forecasts to ensure the needs of the national economy by mineral materials.
(2) The aggregate stock records of exclusive bearings include:
(a) the register of stocks of exclusive bearings and the pastils of their stocks;
(b) reports of AIFMs and, where appropriate, permanent users on stocks of exclusive bearings (§ 8 (3)),
(c) a collection of documents, in particular certificates and decisions on exclusive bearings, special conditions, approval of stock calculations or conclusions of state expertise, 14) evidence of change in sole bearing management, etc.
Accessing aggregate stock records of exclusive bearings
(1) The Czech Geological Office allows the Czech Geological Authority to view the aggregate stock records of exclusive bearings, or to provide the necessary information or extracts from them to the authorities, organisations and persons who prove that they need them to fulfil their duties or to protect their rights. Demonstration shall not be required of the authorities which inspect the register and, where appropriate, shall require information or extracts under specific rules. 15)
(2) The Czech Geological Authority may entrust the keeping and making available of aggregated stock records of exclusive bearings to an organisation which falls within its competence.
Management of stocks of exclusive bearings
(1) The Czech Geological Office maintains the balance of stocks of exclusive deposits according to the aggregated stock register of the Czech Socialist Republic (16), which contains in particular:
(a) an overview of the stocks of each exclusive bearing, organised according to the types of minerals, their technological types and commercial components, and according to the geographical breakdown (region or pelvis, as appropriate), with the name of the administrator or, where appropriate, the permanent user of the exclusive bearing, and an indication of the determination of the mining space and use of the bearing;
(b) changes in stocks of exclusive bearings over the past year, indicating their causes;
(c) stocks of exclusive deposits by type of mineral, where appropriate according to their technological types and commercial components, broken down by use,
1. stocks as at 1 January of the previous year,
2. stock changes over the past year;
3. stocks as at 1 January of the calendar year.
(2) The balance sheet stocks of exclusive bearings shall include aggregate balance sheet stocks of categories ABC1, separately balance sheet stocks of category C2 and aggregate non-balance sheet stocks of all categories.
DESIGNATIONS OF EXPOSURES
Reasons for depreciation of sole bearing stocks
(1) Balancing stocks of the exclusive bearing may be excluded from the stock records or transferred to non-balance stocks on the basis of a decision on their depreciation,
(a) if they are not possible because of particularly complex mining, safety or geological circumstances related to natural conditions or unforeseen events;
(b) if their achievement is not economically effective, for example for their low quality, power, distance, isolation and disproportionate costs of their achievement;
(c) if their acquisition would jeopardise important social interests, the importance of which is greater than the interest in the acquisition of such stocks; 17)
(d) if they have lost their importance for the national economy, in particular to change production, sales and other conditions.
(2) Non-balance sheet stocks of the exclusive bearing may be written off, unless their use is foreseen even in the future.
(3) Changes in stocks for the reasons set out in § 8 (2) (a) to (e) of this Decree are not considered as a reason for the depreciation of stocks of the exclusive bearing.
Design to write off stocks of exclusive bearing
(1) As soon as the administrator or, where appropriate, the permanent user of the exclusive bearing finds out when processing documentation for the construction of a mine or quarry, the plan to open, prepare and conquer the exclusive bearing, the plan to secure mining works and quarries, or the disposal of the main mining works and quarries, 18), as well as in their implementation, that it is not possible or useful to extract stocks for the reasons set out in Section 12 of this Decree, he shall submit a proposal for their write-off.
(2) The proposal to write off the stocks of the exclusive bearing contains:
(a) the name and registered office of the administrator and, where appropriate, the permanent user of the exclusive bearing;
(b) the quantity of balance sheet and non-balance sheet stocks proposed for depreciation by stock blocks and categories, their qualitative characteristics and the proposal to exclude them from stock records or to transfer balance sheet stocks to non-balance sheet stocks;
(c) the reasons for which stocks are proposed for depreciation, with economic justification;
(d) maps and sections with clearly marked parts of the bearing in which depreciation of stocks is proposed, in four copies;
(e) further graphic and written evidence of the bearing and stocks proposed for depreciation needed to justify the proposal in more detail;
(f) the opinion of the Circular Mining Office where the application for depreciation is submitted for reasons of mining and security.
(3) The proposal to write off the stocks of the exclusive bearing is submitted by the administrator or permanent user of the exclusive bearing (hereinafter the "promoter") to the Czech Geological Office.
(4) An application to write off a small quantity of stocks of the exclusive bearing shall be submitted by the appellant to the central authority under his responsibility or to the authority authorised by him. A small quantity of stocks under this decree means:
(a) the quantity of stocks of reserved mineral not exceeding 5% of the planned annual extraction per bearing in the calendar year but not exceeding 100 000 tonnes in each case;
(b) the quantity of stocks of unreserved mineral not exceeding 20% of stocks on the bearing but not exceeding 1 million m3.
(6) The application for depreciation shall be signed by the statutory authority or, where appropriate, by the representative of the applicant. 19)
Decision on depreciation of stocks of the exclusive bearing
(1) The Czech Geological Office decides on the proposal to write off the stocks of the exclusive bearing in agreement with the central authority, the applicant, the Czech Mining Office and the competent central planning authority. The proposal for write-off of stocks shall be discussed in the Commission set up by the Czech Geological Office, in which the said authorities are represented.
(2) The application for the write-off of a small quantity of stocks of the exclusive bearing shall be decided by the central authority under the responsibility of the applicant or by his authority.
(3) The decision to write off stocks of the exclusive bearing contains:
(a) the quantity of stocks depreciation, their local destination and the brief justification for depreciation;
(b) determining whether the depreciation stocks are excluded from stock records or transferred from balance sheet stocks to non-balance sheet stocks;
(c) any measures to protect stocks transferred from balance sheet stocks to non-balance sheet stocks, taking into account the possibility of subsequent recovery.
(4) The authorities referred to in paragraphs 1 and 2 shall decide on the proposal to write off the stocks of the exclusive bearing within one month of the date of its submission.
(5) The decision to write off the stocks of the exclusive bearing with one copy of the documents referred to in Article 13 (2) (d) of this Decree is to be sent to the applicant, his central authority and the competent mining office; the decision to write off small quantities of stocks is also sent to the Czech Geological Authority.
(6) The decision to write off the stocks of the exclusive bearing is part of its geological documentation and inventory records (§ 8). The authorised depreciation of stocks shall be indicated by the appellant in the metering and geological documentation.
Access to stocks designed to write off stocks of the exclusive bearing
Until such time as the applicant has received a written decision to write off the stocks of the exclusive bearing, he shall not dispose of the technical equipment needed to obtain the stocks proposed for depreciation and cancel access to them except where the safety and health at work so requires.
FINAL PROVISIONS
The scope of the section of registration and depreciation of stocks of deposits of radioactive minerals under the Specific Regulations (20) remains unaffected.
They are repealed for the territory of the Czech Socialist Republic
1. the Order of the Central Geological Office and the Central Mining Office No. 90 / 1961 Coll., on the depreciation of balance sheet stocks of mineral deposits;
2. § 47 and 48 of the Order of the Central Mining Office and the Central Geological Office No. 1000 / 1962 on the management and addition of geological documentation (reg. in amount 42 / 1962 Coll.);
3. the Central Geological Office Directive No 180 / 1958 of the Úl on the registration and movement of stocks of mineral deposits;
4. Directive No 5 / 1959 of the Central Geological Office on the Pasportisation of Mineral Resources.
This Decree shall take effect on 1 July 1988.
Chairman:
Dr. True v. r.
1) Sections 5 and 6 of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act).
2) Article 7 of the Mining Act.
3) Article 10 of the Mining Act.
4) Strictly measurement regulation of the Czech Mining Authority No. 700 / 1972 for surface mining of ores and minerals (reg. No. 26 / 1972 Coll.). Strictly measurement regulation of the Czech Mining Office No. 4700 / 1967 - List of agreed marks of mining maps (reg. No. 43 / 1968 Coll.). Strictly measurement regulation of the Czech Mining Authority No. 3700 / 1974 for geological exploration and extraction of oil and gas deposits (reg. No. 6 / 1976 Coll.). The proceeds of the Czech Mining Office No. 4800 / 1986 on the mining of metering documentation on underground mines (reg. No. 27 / 1986 Coll.). The proceeds of the Czech Mining Office No. 900 / 1987 on the mining documentation in the mining of coal (reg. No. 11 / 1987 Coll.).
5) Decree of the Central Mining Office and Central Geological Office No. 1000 / 1962 on the management and addition of geological documentation (reg. No. 42 / 1962 Coll.).
6) For example, Act No. 51 / 1964 Coll., on Railways, and Ordinance of the Ministry of Transport and Central Mining Office No. 28 / 1967 Coll., laying down rules on the contact of railways with mining activities, Act No. 110 / 1964 Coll., on telecommunications, Act No. 20 / 1966 Coll., on the care of the people, Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 75 / 1976 Coll., Act No. 124 / 1976 Coll., Act No. 138 / 1973 Coll., on Water (Water Act), Act No. 61 / 1977 Coll., Act No. 40 / 1956 Coll., on the State Protection of Nature, as amended Act No. 20 / 1987 Coll., Act No. 20 / 1987 Coll.
7) Article 9 of the Mining Act.
8) Paragraph 12 of the Decree of the Ministry of Finance, the State Planning Commission and the Central Geological Office No. 9 / 1967 Coll., on the Design and Financing of Geological Works.
9) Article 68 of the Economic Code.
10) Articles 55 to 58 of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, as amended.
11) For example, for kaolin: kaolin for porcelain production, kaolin for ceramic industry, kaolin for titanium, kaolin for paper industry and kaolin for metal.
12) For example, stocks of non-ferrous metals contained in registered ore stocks.
13) Part Two of Decree No. 80 / 1988 of the Government of the CSSR Coll., on determining the conditions, the classification of stocks of exclusive bearings and the assessment, approval and state expertise of their calculations.
14) Paragraph 14 (4) and (5) of the Mining Act.
15) Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended. Act No. 121 / 1962 Coll., on Economic Arbitration, as amended (complete version No. 46 / 1983 Coll.). Act No. 60 / 1965 Coll., on the Prosecutor, as amended. Act No. 40 / 1974 Coll., on the National Security Corps.
16) § 18 (g) of Act No. 62 / 1988 Coll., on Geological Works and on the Czech Geological Office.
17) Article 33 of the Mining Act.
18) Section 10 of the ČNR Act No. 61 / 1988 Coll., on Mining Activities, Explosives and on State Mining Administration.
19) § 20 to 22 of the Economic Code.
20) § 57 of Act No. 133 / 1970 Coll.
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Regulation Information
| Citation | Decree of the Czech Geological Office No. 96 / 1988 Coll., on the management of exclusive bearings and on the registration and depreciation of their stocks |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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