The Change Of The Mining Activities Of, Explosives And The State Mining Administration

Original Language Title: změna z. o hornické činnosti, výbušninách a o státní báňské správě

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184/2011 Sb.



LAW



of 9 June. June 2011,



amending the Act No 61/1988 Coll. on mining activities, explosives and the

the State Mining Administration, as amended



Parliament has passed the following Act of the Czech Republic:



Article. (I)



Act No. 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as amended by Act No. 425/1990 Coll., Act No. 542/1991 Coll.,

Act No. 171/1993 Coll., Act No. 128/1999 Coll., Act No. 71/2000 Coll.

Act No. 124/2000 Coll., Act No. 311/2001 Coll., Act No. 206/2002 Sb.

Act No. 320/2002 Coll., Act No. 150/2003 Coll., Act No. 226/2003 Coll.

Act No 227/2003 Coll., Act No. 3/2005 Coll., Act No. 386/2005 Coll.

Act No. 186/2006 Coll., Act No. 313/2006 Coll., Act No. 342/2006 Coll.

Act No. 296/2007 Coll., Act No. 376/2007 Coll., Act No. 124/2008 Coll.,

Law No. 189/2008 Coll., Act No. 274/2008 Coll., Act No. 223/2009 Sb.

Act No. 227/2009 Coll., Act No. 281/2009 Coll. and Act No. 155/2010

Coll., is hereby amended as follows:



1. In article 1 (1). 2, the words "of the armed forces of the Czech Republic ^ 1b),

armed security forces ^ 1 c) ' shall be replaced by the words "of the armed

forces, the security forces, ".



Footnote No. 1b and 1 c are repealed.



2. In article 1 (1). 3 letter a) is added:



"the explosives and explosive articles), and AIDS, which holds for your needs

the Czech Republic's armed forces, armed security corps,

the intelligence services of the Czech Republic, the Directorate-General of customs duties,

the authority for the testing of weapons and ammunition, a police school established

The Ministry of Interior of the Czech Republic or the Fire Rescue Brigade of the Czech

of the Republic for performance of services ^ 1 g), ".



3. under section 5a is inserted after section 5b and 5 c, which including the titles and notes

footnote No. 21:



"§ 5b



Mining engineer



(1) Works in the underground in the activities under section 3 (b). (c)), d), (h))

or i), workings and mining structures under the surface of the ^ 21) may project

only a person with a certificate of professional competence of Mining Designer

(hereinafter referred to as "mining engineer").



(2) Mining engineer is responsible for the accuracy, integrity or completeness of it

processed project documentation (hereinafter referred to as "the project") and for the

the feasibility, the technical level and the safety of the works and buildings referred to in

paragraph 1, if it were carried out in accordance with the processed project.

Mining engineer is required to handle the project, depending on the

on mining-technical and geological conditions resulting from

submitted by the contracting authority to allow the safe execution of the project and

the use of those works and structures in accordance with their purpose. Static,

where appropriate, other calculations must be drawn up so that the

controllable. If it is not capable of any part of the mining engineer

project process itself, is obliged to invite the person to process it with

permission or certificate for the appropriate scope or specialisation,

who is responsible for her valuable part of the project; responsibility of the mining

the designer for the processed by project as a whole is not affected.



§ 5 c



Professional expert



(1) the Czech mining Office establishes on application or on its own initiative

professional experts for the assessment of stability of underground objects and other

the space created by mining activities in the manner referred to in section 3 of the

(a). I) and for drawing up expert opinions and advice. The activities of the

vocational expert for assessment of stability of underground objects can

to perform only a natural person who meets the requirements under section 5 (3). 3.

The same activity can be carried out and the institution or the professional workplace,

If their employees meet the requirements under section 5 (3). 3 or § 5a

paragraph. 1.



(2) the Czech mining Office of vocational expert for the assessment of the stability of the

the underground objects, an institution or a specialized appeals, if

It proves that when drawing up opinions or the opinions of a serious

violation of obligations.



section 23, paragraph 21). 3 of Act No. 44/1988 Coll. ".



4. In section 6 (1). 1 the second sentence, the words "referred to in section 5 (3). 3 "shall be replaced by

the words "professional competence laid down on the basis of § 5 (3). 3 ", the words" and

for each of the lom racing quarry "shall be replaced by the words", for each of the quarry

race and the race for other quarry activities referred to in section 2 and 3 "and

the third sentence is replaced by the phrase "the Organization shall, in matters of vocational

control and management of safe mining operations or activities

by using mining techniques to establish a mine occupational health, the occupational fracture

or what other activities referred to in sections 2 and 3 of the parent

the employee or give instructions. ".



5. In section 6 paragraph 5 is added:



"(5) if the Organization Is required to ensure the mine rescue service in accordance with

§ 7 (2). 4, is required to establish the worker for the management of the liquidation

serious traffic accidents (accidents) and to develop a plan for their

fighting. ".



6. In section 7, paragraph 4 is added:



"(4) the organization carrying out the activities carried out by using the

the obligation to ensure the mining rescue service, leading to works in the underground or

conquers the bearing of non-reserved mineral in the underground. If it can be in other

the activities carried out in the manner envisaged mining

exceptional conditions, in particular the risk of air rescue,

fire or collapse, the district mining Office with regard to the nature of the work,

their risk levels, and taking into account the local conditions require

the Organization ensure the mine rescue service. ".



7. In section 20, at the end of paragraph 1, the following sentence



"The district mining Office competent to exercise supervision over the activities of the high

by using mining techniques under section 3 (b). I) is the institution concerned in the

the procedures for the authorization of the structures, which form part of this activity is, and issues

in such proceedings, the binding opinion. ".



8. In § 21. the letter f) and (g)):



"(f) the acquisition of explosives each) of their acquisition or transfer between

organisations on the territory of the Czech Republic,



g) transfers their every move from the territory of a Member State

The European Union on the territory of the Czech Republic, ".



9. In section 22 to the end of paragraph 8, the phrase "shall be added to the reserved technical

devices and their use in the handling of explosives also applies

§ 8a and the regulations issued on its basis. ".



10. In section 25, paragraph. 2 the last sentence shall be replaced by the phrase "Recurring acquisition

explosives can also allow only between one applicant and one

supplier. ".



11. In § 25b letters and) and (b)):



"and the applicant's identification data) referred to in section 25a, paragraph. 1 (a). and)



(b) the organization identification data) referred to in section 25a, paragraph. 1 (a). b),“.



12. section 25f including title:



"§ 25f



Information and notification requirements



(1) Organization, which has been issued a permit for the transfer, acquisition,

export, import or transit of explosives, and an organization that ensures the

transport of explosives that do not require a permit issued by the national mining authority

the Administration is required to notify the Police Presidium of the Czech Republic

transport of explosives at least 24 hours before the start of the latest

However, to the 12. hour of the last working day before the planned shipment.

If it is to be carried out by means of transport transport of explosives, which is not

equipped with a device referred to in paragraph 2, the organization is required to notify the

transport of explosives at least 5 days in advance. The transport of explosives

nespotřebovaných during blasting works shall be notified by telephone by

subparagraph (g)) no later than 2 hours before the start. Notice is served

on a form issued by the Czech Mining Authority. The form contains



and authorisation number) its date of issue and indicate the national mining authority

the Administration, which issued the permit,



(b) the Organization, identification data) between or within which the

the transfer takes place, the acquisition, export, import, transit or transport

explosives,



(c) the envisaged route and transport) the address of the places from where they are to be

explosives being transported,



(d) the quantity and description of explosives), which will be transported,



e) means of transport, means of transport, the particulars of the carrier, the connection to the

operation of the means of transport or the person responsible for the transport of

explosives on the territory of the Czech Republic, and the identification data of the transport

resource, in particular location data and registration marks that

the police of the Czech Republic will allow continuous monitoring of its current

position,



(f)) of the date, place and time of departure of the transport, or the expected date, place

and the time of entry into the territory of the Czech Republic,



g) contact phone of the Police Presidium of the Czech Republic.



(2) means of transport for the transport of explosives along the road

roads must be fitted with a device which allows continuous

tracking its movement in the case, that this is a means of transport

transported more than 20 kg net explosives weight or more than 50

pieces of detonators. Throughout the period of transport of the device must be registered in the

motion tracking system and registered.



(3) the Police Presidium of the Czech Republic on the basis of the information referred to in paragraph

2 or other recorded information



and monitoring of transport); section 25 h of paragraph 1. 4 apply mutatis mutandis for the

all modes of transport,



(b)) provides current information about emergency situations, manual

the means of transport or the person responsible for the carriage of explosives on the

the territory of the Czech Republic.



(4) the organization operating the means of transport referred to in paragraph 2 is

shall without undue delay notify the Police Presidium of the Czech

Republic of any incident, in particular an unscheduled change of routes,

breakdown of means of transport, accident or obstacle on the route resulting from

during the transport of explosives.



(5) the Police Presidium of the Czech Republic shall inform without undue

delay the Czech mining Office of detected violations of the conditions laid down

transport.



(6) Organization that has been granted authorisation for the acquisition, transmission,

import, export or transit of explosives is required after the end of each

of the calendar half-year, current year within 15 days notify the authority in writing of the

the State Mining Authority, which issued the permit, quantities and types of explosives,

that have been on this permit in the course of the calendar half-year acquired,

passed, taken, imported, exported, or which have been the subject of

transit through the territory of the Czech Republic, including the date of implementation

the relevant activities.




(7) the Czech mining Office shall inform the European Commission (hereinafter referred to as "the Commission") on the

rejection of the application for the issue of authorisations for the transfer of explosives from the States,

which are Member States of the European Union, rejecting the request for

allowing the transit of explosives from the Member States of the European Union through the territory

The Czech Republic, about the suspension of the authorisation to

the transfer of explosives and the withdrawal of authorisation for the transfer of

explosives. ".



13. In section 25 h, paragraph 3 reads:



"(3) the authorisation to acquire, transfer, import, export or transit

explosives shall send the Czech mining Office without undue delay to the

Directorate of customs duties, in the case of export permit, then also the Ministry of

Foreign Affairs. Similarly, the Czech mining Office procedures for the suspension of the

the validity of the authorization and withdrawal of permission. ".



14. In section paragraph 36b. 1, the first sentence shall be replaced by the phrase "the district mining offices

shall keep a register of issued permits to acquire explosives, register

revoked the permit, subject to registration with the suspended the validity and

the registration of organizations on the territory of the Czech Republic are engaged in

explosives. ".



15. Section 36 c is inserted after section 36 d, including the title:



"§ 36 d



The handling of pyrotechnic articles



(1) the Organization shall comply with the safety and technical requirements

on the storage, sale and use of pyrotechnic articles. On the production of

pyrotechnic articles shall apply whether or not legislation

the area of explosives.



(2) the implementation of the Declaration is subject to the locally competent Fireworks municipal

the Office and the most well-liked Relief Corps region, the latest in the

the penultimate working day before his execution.



(3) the Ministry of industry and trade in the agreement with the Czech Mining Authority

the decree establishes the safety and technical requirements for dealing with

pyrotechnic articles, as regards their safe storage, sale

and the use, in relation to their division into classes and categories, and

Furthermore, the definition of fireworks, as well as the information that must appear in the

report on the implementation of the fireworks. ".



16. § 37 including heading and footnote No 22:



"§ 37



The underground objects



(1) For underground objects for the purposes of this Act, consider the underground

the spaces created by embossing, including their access part, if

about



and the underground tunnels and galleries),



(b)) other tunnels and galleries, if their length exceeds 50 m,



(c)), including their parts and collectors and connecting shafts,



(d) other spaces on the volume) of more than 1000 m3, made available to the public

or used for business activities,



(e)) for the purposes of protection of the population of the construction,



(f)) of sewer bright cross-section of more than 2 m2, if their

length exceeds 50 m,



g) drainage and plumbing of the Gallery of light cross section greater than 2 m2,

If their length exceeds 50 m,



(h)), the former old or abandoned mine workings subsequently enabled

to the public or used for business activities.



(2) For underground objects under this Act are not underground

objects that are subject to the surveillance referred to in technickobezpečnostnímu

special legal regulation ^ 22), and highway, road and rail

the tunnels, with the exception of the tunnels and galleries.



(3) Secure the status of underground object for the purposes of this Act,

means the State, which does not endanger the safety of the fall or the pressure of rocks,

where appropriate, similar influences, which can disrupt the statics of the underground

space. If a threat cannot be referred to in the previous sentence to exclude,

ensures the safety of underground space technology stamped

the elements against the pressure, or against the release of rocks or against

similar effects, which can disrupt the building structural design of underground space. To

maintaining a safe and secure state of underground object include ensuring

the underground object against the buildup of explosive or otherwise dangerous

or harmful substances and gases in it and ensure the safe condition

access roads in the underground.



(4) the owner of the underground or in writing to the object designated by the operator

is obliged to maintain the underground objects in a safe condition and to carry out in

the time limits for the authentication status inspection safe underground

objects through the Organization, which has a mine rescue services set up

the station.



(5) the district mining Office may order the owner of the underground object, or

authorized in writing by the operator, that having regard to the nature of the

the underground object, or to the local conditions, in particular where the risk of

the emergence of air rescue, fire and cave-in, mine

emergency service. If the owner of the underground object or in writing

the designated operator of the clients responsibility to ensure mine rescue

the service is also required to ensure the production of the plan control

serious traffic accidents (accidents) and its update.



(6) the owner of the underground or in writing to the object designated by the operator

is obliged to report the existence of the district mining Office, establishment, acquisition

and the destruction of underground object, the changes in its scope, or the use,

identification of underground object, and changes to these data.



(7) the Czech mining Office shall lay down by Decree



and regular inspections of the underground period) of objects and method of authentication

their safe condition,



(b) the identification data for the range) evidence of underground objects



(c)) the conditions to ensure the safety of underground objects

especially in terms of their ventilation, including ventilation during operation

inaccessible objects and paths for walking,



(d) the particulars of the plan control) of serious traffic accidents (accidents),

in particular, the requirements on emergency prevention and the control of the anticipated

accidents.



22) Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

Act), as amended. Decree No. 471/2001 Coll., on the

technickobezpečnostním the supervision of water. ".



17. In section 38, paragraph. 1 (b)):



"(b)) with a district mining offices



1. The district mining Office for the territory of the city of Prague and region

The Central Bohemia,



2. The district mining Office for the territory of the regions and the South Bohemian Pilsner,



3. The district mining Office for the territory of the region of Karlovy Vary,



4. The district mining Office for the territory of region Ústí nad Labem,



5. The district mining Office for the territory of the regions and the Hradec Králové

Pardubice,



6. The district mining Office for the territory of the regions of the South and the Zlín,



7. The district mining Office for the territory of the Moravian-Silesian and Olomouc regions,



8. The district mining Office for the territory of the districts of Liberec and Vysočina. ".



18. In article 38, paragraph 2 reads:



"(2) the headquarters of the local mining authorities provides for the Czech mining Office

by Decree. "



19. In article 39, paragraph 4 reads:



"(4) the Organization, with the owner of the underground the underground objects or object

in writing by the designated operator, are required to the authorities of the national mining

the Administration at any time allow access to objects, installations and at the workplace,

submit required materials, documentation, expert opinions and submit

the required information and explanations. The Organization, for underground objects

the owner of the underground or in writing to the object designated by the operator,

they are further required to poskytvovat the necessary synergy to the authorities of the State

Mining Authority and create conditions for steady and rapid performance

high surveillance. ".



20. In section 40 paragraph. 2, the words "and enables the transmission and acquisition of explosives,

the export or import of explosives and transit of explosives through the territory of the Czech

Republic of "shall be replaced by the words" and allows the transfer, export, import and

the transit of explosives ".



21. In the second subparagraph of section 40. 5 letter a) is added:



"and the summary records of mining) areas and their changes

operated by the major mines and the summary records of the permissions for the

mining activity or activities carried out by using mining techniques (section 5 (3).

2); only for the purposes of surveillance summary record high leads the underground

objects and their changes. The data in the registers shall be kept permanently, ".



22. In section 40 paragraph. 5 at the end of subparagraph (g) shall be replaced by a comma and dot)

the following point (h)), which read:



"h) carries out the tasks of the superior tax according to the tax code and issues

forms for admission to paid by the upper law. ".



23. In paragraph 44. 1 (f)):



"(f)) breaks the requirement to ensure the safety and health at work

or safety in the handling of explosives set

the implementing regulation issued on the basis of § 23 paragraph. 6, or

indicate the explosive on the market in violation of § 24. ".



24. In section 44 is at the end of the text of paragraph 2, the words ", or the like

mining engineer violates any of the requirements referred to in section 5b of the paragraph. 2. "



25. In article 44, the following paragraph 4 is added:



"(4) in proceedings for the offence the block can impose a fine of up to 3 000

CZK. ".



26. In section 44a of the paragraph. 1 at the end of the text of subparagraph (a)), the words "

or as a mining engineer violates any of the obligations under section 5b

paragraph. 2. "



27. In § 44a of the paragraph. 1 (f)):



"(f)) as the owner or his authorised in writing by the operator of the underground

object fails to fulfil any of the obligations under section 37, paragraph. 4, 5, or 6, or

According to § 39, paragraph. 4. ".



28. In § 44a of the paragraph. 2 (b)):



"(b)) performs mining activity or activities carried out by mining

in a manner contrary to the conditions laid down in the authorisation issued under section

9, 10, 11, 13 or 19 ".



29. In § 44a of the paragraph. 2 (a). (c)), the words "race down or race

the quarry "is replaced by" racing, racing down the quarry or a race, ".



30. In § 44a of the paragraph. 2 the letter l) is added:



"l) fails to comply with a binding order of the mining inspector issued according to § 42 paragraph.

2 (a). (b)), or (c)), fails to comply with measures imposed by decision of the mining

the authority does not comply with the requirements laid down in the implementing regulation issued by the

on the basis of § 6 (1). 6 or § 8a, paragraph. 8 or the requirements for the management of

explosives under section 22, does not comply with the requirements for the production, storage, sale

or the use of pyrotechnic articles or violates any of the

obligations pursuant to § 39, paragraph. 4, or does not comply with the ban on overtime work,

night work or the work of women and minors, or does not ensure that the working

the conditions meet the requirements on safety and health at work

laid down by the labour law. ".



31. In section 44a of the paragraph. 3 letter):




"as an organization, to which) it has been granted an authorisation to acquire, transfer,

import, export or transit of explosives, fails to comply with an obligation under section 25f

paragraph. 1, 2, 4 or 6 ".



32. the annex to the Act No 61/1988 Coll. is hereby repealed.



Article. (II)



The effectiveness of the



This law shall enter into force on 1 January 2005. January 2012, with the exception of article. I point

12 as regards the section paragraph 25f. 2, which shall take effect on 1 January 2005. January

2014.



Němcová in r.



Klaus r.



Nečas in r.

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