351/2000 Sb.
The DECREE
The Czech Mining Authority
of 7 June. September 2000,
amending the Decree of the Czech Mining Authority no 172/1992 Coll., on the
mining leases
The Czech mining Office lays down pursuant to section 27. 9 of Act No. 44/1988 Coll., on
the protection and utilization of the mineral wealth (the top Act), as amended by law
No 541/1991 Coll.:
Article. (I)
Decree No 172/1992 Coll., on mining leases, is hereby amended as follows:
1. section 2 including title and footnote No. 1) to 9):
"§ 2
The proposal for the establishment of mining area
(1) the proposal for the establishment of the area of the Organization presents to the ^ 1)
the district mining Office. If the mining area extends to the circumference of the
the scope of the district mining offices more, the design of the circuit
Mining Authority in whose area of competence is the largest part of the total
space.
(2) the district mining Office shall be notified of the initiation of the determination of the
the area of the territorial authority of the Ministry of the environment.
(3) the proposal includes
and the name, seat and) identification number of the Organization,
(b) the name of the area), its area content, descriptions and coordinates
the highlights of the geometric shape, where appropriate, its height and border
justification for the boundaries of the area; the coordinates of the vertices is found
by rolling out from the map or the měřickými methods
(c)) the name and identification number of the cadastral territory ^ 1a) with name and code
the district, ^ 2) in which lies the mining area,
(d) mineral or group of minerals), exclusive of the bearing, range, storage,
the shape and thickness of the bearings, the character of its tectonic infringements and quantity
the inventory ^ 4)
(e) the anticipated commencement of mining) the term exclusive bearings and
the highest the volume of annual production,
(f)) way to mining and its effect on the surface,
(g) consideration of the draft conclusions on the) determination of the total space, ^ 5)
It affects the interests protected by specific provisions, ^ 6) with the authorities and
natural and legal persons, to whom the responsibility of protection of those interests,
(h) the name and address of organization), which conquers the same or neighbouring bearing.
(4) the proposal shall be accompanied by
and a copy of the surface in maps) scale to 1:25, 000, including the is shown by plotting
the border area and the highlights of his geometric shapes, as well as
even neighbouring mining areas and laid down in the protected block
territories, protected areas and protection zones. If the mining area under the
surface bounded by natural borders or the deep,
the total space in the shape of the cuts. In the case of extraction with the influence on
the surface on a copy of the maps surface indicate the property concerned influences
mining, the
(b) a list of the coordinates of the vertices) with the values given to the nearest whole
m, calculate the area of the content area with the nearest m2 and
list of cadastral territories or parts thereof on which mining
the space is located, with an indication of their proportional representation in the desktop
the total space. The area of cadastral territories shall be determined
planimetricky, arithmetic mean, calculated from the three measurements with
accurate to two decimal places with a composition on the surface of
area in km2 or other methods of achievement of at least the same
the accuracy,
(c) calculate inventory; posouzený) ^ 8) to calculate the inventory shall be accompanied by the geological
map of bearings, map the inventory or map for the structural oil and
flammable gas, or technically usable natural
gas, as well as the characteristic lateral and longitudinal slices, bearing,
(d)) of the certificate of the exclusive bearing,
(e) the decision on the determination of protected) area, where it has been
provided for,
(f) the consent to) the previous submission of the proposal on the establishment of
space, ^ 3)
(g)) in the conquest of the influence on the surface of the land concerned, indicating the
parcelních numbers, types of land (cultures) and the legal relationships in accordance with
the real estate cadastre, ^ 7)
(h)) names and addresses of the natural and legal persons that are members of
management,
I) documents and the documentation provided for in the implementing rules to the top
the law, or by special legislation, ^ 6)
(j) a copy of the relevant parts) territorial planning documentation ^ 7a)
to dobývacímu area and outside the mining area, which will be
mining activity used, e.g.. for the establishment of the hoppers, waste heaps or
tailings dams, if the territorial planning documentation drawn up and
approved,
proposal for a comprehensive solution to the Edit) of the territory concerned and of territorial structures
mining; ^ 7b) following the planned land use after their
This proposal defines the remediation of mining and reclamation of all land
interested in the whole territory of the mining area in territory outside
the mining area, which is to be used in mining activities, (hereinafter
"the General Plan of the redevelopment and reclamation"). In the event that the life
the mine, respectively. the quarry is longer than 10 years, with the General Plan of remediation processes
and the reclamation of the mine. the quarry for at least 10 years. The summary plan
remediation and reclamation includes
1. a proposal for the implementation of the mining and the justification of such a solution, which is
the most advantageous from the point of view of the protection of agricultural land resources, ^ 7 c)
If the affected agricultural land, mining and the protection of land
intended for the performance of the functions of the forest, ^ d) if they are without prejudice to these lands,
2. technical solutions to complex editing territory and territorial structures (text
even the graphics part),
3. the estimated size of each remediation and reclamation work according to the
each type of reclamation and the method of their implementation, ^ 7e)
4. the technical, economic and other data to determine the amount of financial
the resources necessary for the rehabilitation and reclamation,
l) proof that the organization is empowered to carry out mining activities,
m) opinion on the assessment of the impact on the environment, if this
the assessment is to be provided for in specific legislation, perform ^ 7f)
n) decision, where appropriate, the opinion of the authorities and organisations, holding
the protection of legally protected interests, in accordance with the specific legislation. ^ 6)
(5) the Map referred to in paragraph 4 (b). ) and provided for in paragraph 4 (b). (b))
verifies the main mining meter. Certified map shall be submitted in 9 copies.
A map can be processed in digital form. ^ 9)
(6) if the documents submitted are not enough to reliably assess
the proposal, in particular with regard to the protection and rational use of the exclusive
bearing the consequences of its conquest, or in terms of the impact on law
protected interests, the competent district mining Office will require more needed
documents, opinions or a higher number of copies of the supporting documents required
for the proceedings and decisions.
1) § 5a, Act No. 44/1988 Coll., on the protection and utilization of mineral resources
(the top Act), as amended by Act No. 541/1991.
1A) section 3 of Decree No. 120/1979 on spatial identification information.
2) measure No 13/99, the Czech Statistical Office of 27 June 2002. April 1999
to the introduction of the nomenclature of territorial statistical units, announced in
the amount of 33/1999.
section 24, paragraph 3). 2 of the Act.
4) § 14 of the Act.
§ 27, paragraph 5). 5 of the Act.
6) for example, Act No. 367/1990 Coll., on municipalities (municipal establishment), law No.
425/1990 Coll., on district offices, modify their scope and
some of the other related measures, Act No. 266/1994
Coll., on rail, Decree No. 28/1967 Coll., laying down rules for the
contact with mining activities, Act No. 151/2000 Coll., on the
telecommunications and amending other laws, Act No. 20/1966 Coll., on care
about the health of the people, as amended, law No. 334/1992 Coll., on the
protection of agricultural land fund, as amended, the law
No. 138/1973 Coll. on waters (Water Act), as amended,
law no 289/1995 Coll., on forests and amending and supplementing certain laws
(forest law), as amended, and Act No 114/1992 Coll., on the
nature and landscape protection, as amended, law No.
20/1987 Coll. on State care monument, in wording of later regulations.
7) Law No 344/1992 Coll., on the land register of the Czech Republic
(Land Registry Act), as amended.
7A) of section 8 of Act No. 50/1976 Coll., on the territorial planning and building regulations
(the building Act), as amended.
7B) section 31, paragraph. 5 of the Act.
7 c) of section 6 of Act No. 337/1992 Coll.
section 5 and section 8 to 11 of Decree No. 13/1994 Coll., which regulate certain
the details of the protection of agricultural land fund.
7 d) sections 13 and 14 of law no 289/1995 Coll.
Decree No. 77/1996 Coll., on details of the requests for withdrawal or restriction
and details about the protection of the land intended for the performance of the functions of the forest.
7E) Law No. 334/1992 Coll., as amended, and Act No.
289/1995 Coll., as amended.
7F) Act No. 244/1992 Coll., on the assessment of the effects on the environment.
section 14, paragraph 8). 3 of the Act.
section 19, paragraph 9). 4 of Decree No. 435/1992 Coll., on mining surveying documentation
When mining activity and certain activities carried out by mining
in a way, as amended by Decree No. 158/1997 Coll. ".
2. In section 3, paragraph 3. 2 letter e) is added:
"e) of the Ministry of environment and the Ministry of industry and
trade. ".
3. section 4, including title and footnotes, no. 12) and (13)):
"section 4
Change and cancellation of space
(1) the Organization shall propose
and the total space, change) If, on the basis of mining or
further details of the survey changed the exclusive bearing, which justify the
change the border area or specific technical conditions
mining, the
(b) the total area), when it was conquering the exclusive
bearings permanently stopped, were written off inventory ^ 12) and was terminated
liquidation of main mine workings and quarries. ^ 13)
(2) For the change and cancellation of space shall apply mutatis mutandis to the provisions of
§ 2 and 3. When the total area extension modifies the Organization documents
under section 2 of the proposed change.
section 14b, paragraph 12). 1 of the Act.
13) section 10 (1). 5 and 6 of Act No. 61/1988 Coll. on mining activities,
explosives and the State Mining Administration, as amended by Act No. 542/1991 Coll. ".
Article II
Cancellation provisions
The yield shall be repealed by the Czech Office of work safety and the Czech mining
Office No. 17/1975 of the CSR of 27 June 2002 [21]. 11. the 1975 expansion devices
for vstřelování (reg. in amount of 33/1975 Coll.).
Article. (III)
This Decree shall take effect on 1 January 2005. January 1, 2001.
Chairman:
Prof. JUDr. Ing. Makarius, CSc., in r.