On Mining Activities, Explosives And The State Mining Administration

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

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37650&nr=61~2F1988~20Sb.&ft=txt

61/1988 Coll.



LAW



The Czech National Council



of 21 June 1999. April 1988



on mining activities, explosives and the State Mining Administration



Changed: 425/1990 Coll.



Change: 542/1991.



Change: 169/1993.



Change: 128/1999 Coll.



Change: 71/2000 Sb.



Change: 124/2000 Sb.



Change: 315/2001 Sb.



Change: 206/2002 Sb.



Change: 320/2002 Coll.



Change: 227/2003 Coll.



Change: 315/2001 Coll. (part), 206/2002 Coll. (part), 226/2003 Coll.



Modified: 3/2005 Sb.



Change: 386/2005 Sb.



Change: 313/2006 Sb.



Change: 342/2006 Sb.



Change: 186/2006 Sb.



Modified: 296/2007 Sb.



Change: 376/2007 Sb.



Change: 124/2008 Coll., 189/2008 Sb.



Change: 274/2008 Sb.



Change: 223/2009 Sb.



Change: 227/2009 Sb.



Change: 155/2010 Sb.



Change: 281/2009 Sb.



Change: 184/2010 Sb.



Change: 375/2007 Sb.



Modified: 18/2012 Sb.



Change: 184/2011 Coll. (part)



Change: 64/2014 Sb.



Change: 250/2014 Sb.



Change: 206/2015 Sb.



The Czech National Council decided on the following Act:



PART THE FIRST



Basic provisions



§ 1



The subject of the edit



(1) this Act incorporates the relevant provisions of the European

Community ^ 1) and edits



and conditions for carrying out mining) activities and activities carried out by the

using mining techniques,



(b) the conditions for the disposal of) explosives and explosive articles,



(c)) the conditions for safe operation of underground objects



(d)) conditions for the safety and protection of people's health, safety and

the protection of the working environment in the activities referred to in points) and

(b)),



(e) the Organization and responsibilities of the institutions) of the State Mining Administration.



(2) this law shall also apply to explosives, if passed from the possession of the

the armed forces, security forces, the intelligence services of the Czech

States ^ 1 d), the fire brigade of the United States or

The Czech Office for the testing of weapons and ammunition in the possession of the ^ 1f) organizations

authorized explosives to dispose of pursuant to this Act.



(3) this Act does not apply to



a) explosives, explosive objects and widgets that hold for your needs

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

the intelligence service of the Czech Republic, the Czech Office for the testing of weapons and

ammunition, police school established by the Ministry of Interior of the Czech Republic

or fire rescue Brigade of the Czech Republic for the performance of services ^ 1 g),



b) explosives, explosive objects and widgets that hold for your needs

the armed forces and Corps of other States during their stay on the territory of the United

Republic, in transit through the territory of the Czech Republic or when crossing over

the territory of the Czech Republic, where it is clear from the international treaty, which is

Czech Republic tied,



c) ammunition, pyrotechnic articles and military ammunition ^ 1 h),



d) underground objects that are subject to the supervision of the Ministry of defence,

The Ministry of the Interior, the Ministry of transport and the Ministry of Justice,



unless this Act provides otherwise.



(4) this Act has been notified in accordance with the directive of the European Parliament

and Directive 98/34/EC of 22 December 2004. June 1998 on the procedure for the provision of information

in the field of technical standards and regulations and of rules on information

the company, as amended by Directive 98/48/EC.



PART TWO



Mining activity and the activity carried out using mining techniques



THE FIRST SECTION



Basic concepts



§ 2



Mining activity



Mining activities are in accordance with this Act, the



and) search and exploration of reserved minerals (hereinafter referred to as

"the exclusive bearing"), "^ 1a)



(b) the development, preparation and) mining of deposits,



(c) the establishment, provision and) disposal of mines and quarries,



(d)) and coating of minerals carried out in connection with their

exploitation,



(e) the establishment and operation of dumps), dumps and tailings dams in the activities

referred to in points (a) to (d))),



(f)) special interventions in the Earth's crust, ^ 2)



(g)) the provision and disposal of old mine workings, ^ 3)



h) mining rescue service,



I) permissible surveying activities.



§ 3



Activity carried out using mining techniques



The activities carried out by the mining way under this Act, the



mining bearings) non-reserved minerals, including the adaptation and

refining of minerals carried out in the context of their exploitation, and

searching and exploration of non-reserved minerals carried out to

the purpose,



(b)) the mining sands in open channel, water flows, and sand floating machine

including the adaptation and refinement of these raw materials carried out in the context of the

with their mining, with the exception of the removal of layers of water maintenance

flows,



(c)) work to ensure the stability of underground spaces (underground redevelopment

work),



(d)) work on making the caves and work on keeping them in

safe condition,



e) natural work carried out for the use of machinery and explosives, if the

one site moves more than 100 000 cubic metres of rock, with

the exception of foundation engineering,



(f) drilling wells with a length) over 30 m for purposes other than to the activities

referred to in paragraph 2 and 3,



g) contain natural medicinal and table mineral waters in the mine workings

in the underground,



h) work on disclosure of old mine workings ^ 2a) or permanently abandoned

mine workings and work on keeping them in a safe condition,



I) underground work of digging the mine pits and wells, in stamping

galleries and tunnels, as well as in the creation of the underground spaces of the volume of more

than 300 cubic metres of rock.



section 3a



Organization



For the organization under this Act shall be treated as legal persons or

natural person entitled to business if they perform any of

the activities referred to in the second or third of this Act.



section 3b



Other rights and obligations of employees and employee representatives



(1) the employee has these additional rights and obligations: ^ 3a)



and right to move away from) the workplace, if circumstances arise,

where it considers that constitute a serious danger to his safety

or health,



(b)) right to request that the organization or the district mining Office to revise

and the investigation where it considers that the provisions are being violated to ensure

health and safety at work and safety,



(c) the obligation to obey the commands of people) the management control of the accident,



(d) the obligation to comply with a binding command) of the mining Inspector.



(2) the competent authority or a representative of the Union for the safety and

health at work has rights and obligations established

labour law ^ 3a) whether or not the right



and) participate in inspections and investigations carried out in the workplace

by the employer, the State Mining Administration or other competent

authority in accordance with special legislation, a ^ 3b)



(b)) to monitor and conserve, matters relating to safety and security

health,



c) contact for assistance on consultant and independent experts,



(d) consultations with the State) to the mining administration,



e) receive messages from the employer about the accidents and hazardous

events.



§ 4



Doubts have been



In case of doubt, whether it is a mining activity and the activity or whether it is

by using mining techniques, the Czech mining Office shall decide, after consultation

with the relevant Central Government authorities.



SECTION TWO



Basic conditions of mining activities and the activities carried out by mining

way



The obligations of organisations in mining activities and the activities carried out by

using mining techniques



§ 5



(1) when mining activities and activities carried out using mining techniques must

be adhered to the principles of protection and utilization of mineral resources, requirements

rational exploitation of deposits of minerals, health and safety

at work and the safety of operations, the principles of mining technology, as well as

the requirements of the protection of the working environment.



(2) Mining activities and activities carried out by using mining techniques can

only organizations that had the authority of the State Mining Administration for

These activities issued permissions. Mining activities and the activities carried out by

using mining techniques, the organization can only be carried out on the basis of the authorisation

issued in accordance with this Act, the Mining Act, or in accordance with special

legislation, ^ 3 c) or on the basis of the Declaration, if these provisions

they admit. Before issuing permits to mining activity referred to in section 2 of the

(a). and organizations must prove) that the implementation of these activities will be

manage and be responsible for their quality with professional qualifications, pursuant to

Special Act. ^ 3d) prerequisites to obtain permissions to mining

activities and activities carried out using mining techniques, and also to

planning and designing of objects and devices that are part of the

mining activity or activities carried out using mining techniques, where appropriate,

work-related, unless they are governed by a special legal

provision 3d) establishes the Czech ^ mining Office by Decree.



(3) the Czech mining Office lays down the requirements for the qualification and the professional

eligibility workers, who carry out the mining operation or operation

by using mining techniques, or these or suggest

objects and devices that are part of the mining activities, or activities

by using mining techniques or perform some of the work that

related to mining activities, or activities carried out by mining

in a way, then, to verify the technical competence of workers


generally binding legal regulation, if these requirements are not covered by

special provision. ^ 4)



(4) the organization is required to report to the district mining Office begin,

interruption and termination of mining activities, or activities carried out

using mining techniques, and the extent and time limits, which specify the Czech

mining Office generally binding legal regulation.



(5) permission to mining activities and the activities carried out by mining

way arises also the mere lapse of the time limit and in the manner referred to in section 28 to 30

the law on the freedom to provide services.



Section 5a



(1) If this Act or the regulations issued by the top law to their

^ design 4a) requirements for qualifications, competence or other

requirements for the performance of the activities referred to in this Act shall be deemed or

These requirements have been met if the natural person shall submit to the

evidence of professional qualifications, or other documents issued by the competent

authority of the Member State of the European Union or another Contracting State

The agreement on the European economic area (hereinafter referred to as "the Member State

The European Union ") or the Swiss Confederation, in accordance with the law on

recognition of professional qualifications ^ 4b).



(2) the Czech mining Office issued to the citizens of the United States or citizens

another Member State of the European Union, who held a mining

the activity or activities carried out by using mining techniques in the Czech Republic,

certificate of professional competence and the performance of the activities concerned. Certificate

of professional qualifications and the performance of the activities concerned shall be issued in the Czech

c at the request of the natural person accompanied by data on the length and

the focus of this activity.



(3) the Organization cannot refuse to verify the competence of physical

the person that intends to employ, if that person has acquired the professional

eligibility in the Member State of the European Union or in the Swiss

Confederation. If the competence of the individuals acquired outside the

Member States of the European Union, the organization is entitled to require the

a natural person to provide proof of the validity of the recognition or equivalence

foreign education in the Czech Republic ^ 4 c). The right to the physical

the person to contact with applications for recognition of professional competence on the

authority of the State Mining Authority under other legislation not ^ 4b)

without prejudice to the.



section 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

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

paragraph 1, if the processed by him have been performed by the project.

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

on mining-technical and geological conditions resulting from

submitted by the sponsor to the project made it possible to secure the implementation of and

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

where appropriate, other calculations must be drawn up so as to be

controllable. If there is no mining engineer capable of any part of the

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 part of the processed 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

expert for the assessment of stability of underground objects and other

the space generated by the activities carried out by the mining way under section 3

(a). I) and the preparation of expert opinions and opinions. The activities of the

vocational expert for assessment of stability of underground objects may

exercise only a natural person who meets the requirements provided for in § 5 para. 3.

The same activity can perform and the institution or the professional workplace,

If their employees meet the requirements pursuant to § 5 para. 3 or § 5a

paragraph. 1.



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

the underground objects, institution or workplace must withdraw its support if

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

violation of obligations.



§ 6



(1) the organization is in its activities required to ensure and control the

compliance with this Act, the Mining Act and regulations issued on their

basis, as well as specific legislation regulating the safety and

occupational health, safety and working conditions in the

mining activities and in the activities to be carried out using mining techniques.

The Organization must appoint a person satisfying the prerequisites of vocational

eligibility laid down on the basis of § 5 para. 3 for each mine race

the mine, a quarry quarry and Racing racing for other activities

referred to in § 2 and 3, who are responsible for the safe and professional management

mining activity or activities carried out using mining techniques.

The Organization shall, in matters of professional management and safe management

the implementation of the mining activities, or activities carried out using mining techniques

establish a road mine, Quarry or road racing for the other

the activities referred to in § 2 and 3 of the parent of the employee or to grant them

instructions.



(2) the organisation shall make necessary timely preventive and

precautionary measures and promptly remove hazardous conditions that

could endanger the operation of the organization or the law protected the general interest,

in particular, the safety of the life and health of people. In the framework of the emergency prevention is

the Organization shall take measures, in particular, to the prevention of fires

and explosions, průvalů water and bahnin, rescuer of rock, coal and gas, as well as

the emergence of mining tremors and eruptions.



(3) the organization is further required to



and) register name, last name and registration number of the persons who are with her

the knowledge found in the underground, with an indication of the places where you may

are located,



(b) without delay, notify the district mining Office) the Office of a significant event, and

dangerous conditions, operational accident (accident), and serious accidents at work;

operating accidents (accidents) means an event that you have been compromised

the lives or health of persons,



(c) identify the causes of traffic accidents) and work-related accidents,



(d) take urgent measures to) defects are not corrected and to

the prevention of traffic accidents and accidents at work,



(e) the results of the investigation of traffic accidents) and fatal accidents at work

to submit a motion to the District Office, together with an indication of the measures

made to the defects are not corrected,



f) to inform the district mining Office concerning the application of the employee (section 3b)

the implementation of the examination of the safety and health at work and the

the examination of this,



g) present in the mine before the first use to the Czech Mining Authority to

approval (article 8, paragraph 3) of the selected types of mining machinery, equipment and

AIDS is no longer the Czech Mining Authority approved their use

elsewhere in the Czech Republic,



h) use only products that were under the Special

legislation ^ 4 d) verified as safe.



(4) the organization engaged in mining activities is required to set up the service

where appropriate, appoint a professionally qualified worker to carry out the tasks of the

Department of health and safety at work and safety,

the worker to control the disposal of serious traffic accidents (accidents) and

to draw up plans to combat them.



(5) if the Organization Is required to ensure the mining rescue service pursuant to section

7 (2). 4, is required to establish the worker to control the disposal of

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

playing fish.



(6) the Czech mining Office in greater detail the generally binding legal

Regulation



and) requirements to ensure the safety and health at work and the

traffic safety in mining activities and the activities carried out by

using mining techniques, including the safety of technical equipment

and fire protection in underground,



(b) requirements for emergency prevention) and to combat the serious plans

traffic accidents (accidents),



(c) causes serious traffic) accidents (accidents) and working

accidents and their records and registration,



d) reporting of serious events and hazardous conditions, serious

traffic accidents (accidents), serious work-related injuries and disorders

technical equipment.



§ 7



Mining rescue service and assistance to organizations in a crash



(1) the organization performing the mining activity is required to ensure

mining rescue service, carries out the work in the underground and in the cases

established by the Czech Mining Authority.



(2) the task of mine rescue service is to carry out the work to the rescue

human lives and property in major traffic incidents (accidents)

including the provision of first aid in underground mines. Commander of intervention in the underground

the objects referred to in section 37, if the intervention involved units of fire

protection, is Commander of the fire protection unit ^ 5a). Mining rescue


the service also performs the tasks laid down in the field of accident prevention, as well as

safety and health at work and the safety of operations.

The provision of medical services first aid in underground mines are governed by specific

legislation. ^ 6)



(3) the mining rescue service perform mine rescue station.



(4) the organization performing activities carried out using mining techniques is

the obligation to ensure the mining rescue service, making the work in the underground or

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

activities carried out using mining techniques envisaged

exceptional conditions, in particular the risk of air rescue,

fire or collapse, the district mining Office in view of the nature of the work,

their risk levels, and taking into account the local circumstances, order that

the Organization ensure the mining rescue service.



(5) if requested by this organization, is another organization required to provide

applicant assistance in liquidation of the accident (section 6), particularly in saving

people's lives and property, material, equipment and personnel, in particular

mine rescue workers, but only to the extent that this has not

threats to the safety and security of life and health of people in the

your own organization. A request for assistance, the organization can refuse only in the

the case that would jeopardise the safe operation of such assistance in their own

the Organization, in particular, the safety of the life and health of people. For granted

assistance organization that it has provided, be entitled to reimbursement as follows

costs incurred for damages, or other financial damage in the

own service and to the Organization, which was granted.



(6) if the Organization shall establish its own mining rescue station, is

required to take care of proper training mine rescuers, their regular

training, material equipment of mine rescue stations, as well as the

getting to rescue workers with new knowledge in the field of rescue work and timely

ensure the prescribed medical examinations.



(7) the Organization, in accordance with paragraphs 1 and 4 are required to contribute to the payment of

the cost of the establishment, equipment and operation of mine rescue stations, in

the perimeter of the scope of the exercise activity, for which they must be mining

rescue service ensured, at the rate provided for by the agreement between

organisations. Unless the Organization of the amount of the contribution, provides it

The Czech mining Office.



(8) organizations are required to provide the Bureau of inspectors (section 42) for

performance of their duties, in particular, adequate equipment and protective

rescue equipment and accessories. The main mine rescue station

are required to allow the mining inspectors-squad regular

training on the main mine rescue station and mandatory medical examinations

within the range for mine rescuers.



(9) ensuring the mine rescue services, the organisation and the tasks and

requirements for the competence of their staff provides for the Czech

mining Office generally binding legal regulation.



§ 8



Technical devices



(1) when mining activities and the activities carried out by using the

can only use technical devices and AIDS, which correspond to the

regulations to ensure the safety and protection of health at work and the

the safety of operations.



(2) the capacity of technical facilities and equipment shall be verified by their

regular inspection, testing and revisions, which can perform

only authorized and professionally qualified personnel.



(3) types of selected mining machines, devices, instruments and equipment must

be before using the underground allowed to use the Czech mining

by the authority. The Czech mining Office when granting this authorization shall also state,

that the selected mining machines, equipment, devices and equipment are subject to

periodic tests. Perform the tests and submit expert opinions

required for issue of the permit shall designate the Czech mining Office and shall ensure that,

who for permission requests.



(4) the Czech mining Office generally binding legal regulation provides for the selected

mining machinery, equipment, apparatus, as well as the conditions for their

checking procedure for the acceptance of their types, the conditions for their

use and professional bodies, and experts, who are authorized to

process expertise and perform tests in accordance with paragraph 3.



(6) the provisions of paragraphs 1 to 5 shall not apply to products before they are

placing on the market, if they are set for the assessment of conformity under a special

^ 6a) Act if the Government Regulation, issued for its implementation, unless the

otherwise.



(7) for testing and expert advice, carried out in a Member

State of the European Union, in Turkey or in the State of the European

free trade, which is a Contracting Party to the agreement on the European

economic area, the Czech mining Office will take into account when issuing

the authorisation referred to in paragraph 3.



§ 8a



(1) Dedicated technical equipment are devices with increased

threat to the health and safety of persons and property, which are subject to the supervision of the

under this Act. It's pressure, lifting devices, electric and

gas.



(2) according to the degree of hazard is a dedicated technical facilities

into classes or groups and the method of examination of vocational

the activities of natural persons on these devices.



(3) Organization



and) ensure commissioning and operation of a dedicated

technical devices perform inspections, inspections and tests in

specified range,



(b)) can be fitted, correct, carry out inspections and tests of reserved

technical equipment, perform and produce gas container pressure

the device does not apply on them a valid government issued to

the implementation of such a law, ^ 6a) only if they are competent and

they are authorized in accordance with paragraph 6 (a). and)



(c)) shall ensure that, in specific cases, exams, revision, repair,

installation or servicing of reserved technical equipment exercise only

natural persons who are competent and in specific cases

they are also the holder of the certificate.



(4) Assumptions of competence of organizations are the necessary technical

equipment and the competence of their staff.



(5) the assumptions of the professional competence of the individuals referred to in paragraph 3

(a). (c)) are



and) reaching the age of 18,



(b)) medical fitness according to special regulations, ^ 6b)



(c) the prescribed qualifications,)



(d)) the period of practice in the field,



(e)) the certificate referred to in paragraph 6 (b). (b)), carried out a revision and tests

dedicated technical equipment, repair, installation of gas

device 1. class or operation of reserved pressure equipment-boilers.



(6) the authorities of the State Mining Administration



and) in specific cases, examine the competence of the organizations and

entrepreneurial natural persons to manufacture, Assembly, repairs, revisions and

tests of reserved technical equipment and to lling and

issued by them permission to do so,



(b)) poll the competence of individuals for testing, revisions,

repairs, installations or operating a dedicated technical equipment and

issued to them about a certificate,



(c)) shall decide on the withdrawal or limitation of the authorisations to organisations and business

natural persons to manufacture, Assembly, repairs, revisions and tests of

dedicated technical facilities and to lling in the case

of the infringements established to ensure safety at work and

technical equipment



(d)) shall decide on the withdrawal or restriction of certification of individuals to

testing, revisions, montages, repair or servicing of reserved

technical equipment in the case of the infringements established to ensure

safety at work and of technical equipment.



(7) a certificate to the activities on dedicated technical devices released

the authorities of the State Mining Authority is valid for five years from the date of issue.



(8) by a decree of the Czech mining Office



and) provides that the technical equipment in the scope of the institutions of the State mining

the administration shall be considered reserved, while determining their inclusion in

classes or groups,



(b)) provides for more conditions placed on reserved technical equipment,

When it comes to their level of safety, locations, production, Assembly,

repair, operation, inspection, review, test and accompanying and operational

documentation,



c) specifying the assumptions relating to the competence of the Organization

in terms of the necessary technical equipment and professional competence

their workers,



d) specifying the assumptions relating to the competence of individuals

people in terms of the prescribed qualifications, and the period of professional experience in the field.



(9) the Czech Mining Authority to lay down in regulations under the

paragraph 8 further requirements on safety of the dedicated

technical equipment referred to in paragraph 1 before placing them on the market can be

to use, just does not apply to them a valid government issued to

the implementation of the special law. ^ 6a)



(10) before the start of the temporary or occasional exercise of the activity,

which consists of testing, review, repair, mounting, or operating

dedicated technical equipment in the Czech Republic is a natural person,

that is in another Member State of the European Union or Swiss


the Confederation shall be entitled to for the performance of similar activities, validates the Czech mining

Office of professional qualifications according to the law on the recognition of professional

qualification ^ 4b).



§ 8b



The analyses of the samples mine air quality and other mine gases can perform

only authorized persons under special legislation ^ 6 c) responsible for

The Czech Mining Authority.



THE THIRD SECTION



Authorisation of mining activities



§ 9



Searching and exploration of mining parts



(1) search and exploration of mining parts including the provision or

disposal of these mines permitted in specific cases, the district

mining Office. The application for authorisation shall submit the prescribed organizations

the documentation.



(2) the Czech mining Office lays down generally binding legal regulation, in

which cases the prospecting and exploration mining parts

need to enable the district mining Office, the procedure for the issue of this

permits and authorizations to ensure or destruction of these mines,

as well as the prescribed documentation.



§ 10



The development, preparation and mining deposits, collateral and disposal

mines and quarries



(1) Otvírku, preparing and mining deposits ^ 7) permits the district

mining Office. Asking permission to submit a plan of developing the Organization,

preparation and extraction and the prescribed documentation. Without the permission of the district

Mining Authority must not be the development, preparation and extraction started.



(2) developing the Plans, preparation and extraction are to be compiled for the whole

the exclusive bearing or a coherent part; If it is a newly built

or reconstructed mines or quarries, those plans develop

gradually, according to the various stages of the work on the preparation of otvírce, or

conquest. Part of the spending plan, the preparation and conquest is the quantification of

estimated costs for the expected settlement of mining damage and to

remediation and reclamation of land affected by the influence of conquering the exclusive

the bearing. At the same time must be submitted a proposal to develop the necessary

the financial reserves, and the proposal on the time course of their creation. ^ 8a)



(3) when mining deposits can only use mining

methods that ensure the safety and health at work and the

traffic safety, economical extraction, the výrubnost and

permissible levels of contamination. Kinds of mining methods and the extent of their

use must be listed in the spending plans, preparations, and conquest. New

the mining methods of the Organization must try and evaluate; to technology

conquering is allowed to deploy only with the consent the district mining Office.



(4) the temporary cessation of operations at the mine or quarry is an organization

required to carry out their security, so that it was possible the conquest of bearings

Restore. Stop the operation of the organisation shall notify the district mining Office.

If your organization does not ensure, and if it is compromised or

the health of people or other mining bearings, orders the district mining Office

ensure the mine or quarry, at the expense of the organization.



(5) in case of permanent cessation of the operation of the mine or quarry is an organization

required to carry out their disposal or to submit a motion to the district

Office project their different uses. If your organization does not dispose of

and if the safety or health of humans, district mining Office

directs execution of liquidation at the expense of the organization.



(6) ensuring the mine workings and quarries and liquidation of main mine works and

quarry permits the district mining Office. With the application for authorization shall be submitted

organization plan of the collateral or liquidation. The district mining Office to ensure

or liquidation of main mine workings and quarries organization orders, unless it is

the cases referred to in paragraphs 4 and 5, also if the organization does not give

the application for authorisation within 3 months from the end of the conquest or interruption

activity.



(7) the district mining Office may order the performance of work referred to in

paragraphs 4 to 6 of the maximum level of financial reserves ^ 8b) created

organizations.



(8) the main mining components under this Act shall mean all mine

works that result to the surface, and the workings of the opening to the exclusive

bearing or a complete part.



(9) the details of the procedure for the acceptance of developing, preparation and extraction

deposits, mines and quarries and disposal

major mines and quarries, as well as the prescribed documentation provides

The Czech mining Office generally binding legal regulation.



(10) when you change the spending plan, the preparation and extraction or plan to ensure

or liquidation is party to the proceedings, the applicant only if they are not

rights and obligations of other persons and does not change with the audience

concerned or affected mining activities. Developing the plan or its

change shall be issued by the relevant authorities of a binding opinion ^ 8 c).



§ 11



Special interventions in the Earth's crust



(1) the special intervention in the Earth's crust ^ 2) permits the district mining Office. With

applications for authorisation shall submit the prescribed documentation organization.



(2) if the special intervention in the Earth's crust could prevent or

make conquering the exclusive bearing other organizations, is required to request

attach a representation of that organization.



(3) details of the procedure for the authorisation of special intervention in the Earth's

the bark and the prescribed documentation establishes the Czech mining Office in General

binding legislation.



§ 12



cancelled



section 13 of the



The provision and disposal of old mine workings



(1) collateral or liquidation of old mine workings ^ 3) enables the district

mining Office. Asking permission to submit a plan to ensure the Organization

or disposal of old mine workings and the prescribed documentation.



(2) the details of the plan to ensure and disposal and about how to

the authorisation of the seizure and disposal of old mine workings, as well as

the prescribed documentation establishes the Czech mining Office generally binding

legal regulation.



§ 14



Mine surveying and geological documentation



(1) Mining surveying and geological documentation ^ 10) must include in particular the

Bearing data, all workings, tailings ponds and waste dumps, as well as

as well as the situation in the entire range of surface area; If it is possible

expect given the storage conditions of the bearing the effects of quarrying and outside

the boundaries of the area, the mining and geological surveying

documentation contain surface situation and within easy reach of these effects.

If the mine workings or device placed outside the mining area, the

the documentation also include those works or devices.



(2) in the absence of mining-geological surveying, or documentation, or

If they are incomplete or if they are in one of the fault, the district mining Office

to order a copy or supplementing such documentation on cargo

the organization.



(3) After termination of the activities referred to in § 2 shall transmit to the organisation within 12 months

the district mining Office two copies of the final report and registration

the leaves of the main mine workings and mining surveying and geological documentation

that can be stored permanently on a technical medium.



(4) following the cancellation of the area passes within 2 months the district

mining Office a copy of the final report, the accounting major sheets

mine workings and geological surveying and documentation of the Czech Geological

the service.



Entrance to the foreign real estate



§ 15



(1) in otvírce, preparing and mining deposits, as well as in

preparation and refining of minerals carried out in connection with their

exploitation, in the establishment, the provision of mine workings and quarries, or

liquidation of main mine workings and quarries, including their equipment,

establishment and operation of dumps, dumps and tailings dams, in the provision or

dispose of old mine workings and special interventions in the Earth's crust

staff of the authorities and organisations are entitled to the extent necessary, after

notice to owner (Administrator user), enter the foreign

real estate, make a tour, or focus, and use them to

the establishment and maintenance of marking and frontier brands and characters,

signals and other measuring devices.



(2) the authorities and organisations in order to pursue the permission referred to in paragraph 1

they may also, to the extent necessary to do so at their request and on

their cargo within a reasonable time, the owner (Administrator, user)

real estate at its own expense, carry out the necessary adjustments to the soil, odvětvit and

Remove blockage by exploring and using vegetation survey and

border markers and protective character, signals and other measuring

device.



(3) in the exercise of the permission referred to in paragraphs 1 and 2 are the authorities and organisations

required to ensure that the least intrusive rights and legally protected

the interests of owners (administrators, users) of real estate.



(4) owners (administrators, users) of real estate are obliged to suffer the

location of marking and frontier brands and characters, signals and

other measuring devices in real estate and refrain from anything that is

could destroy, damage or render nepouživatelnými.



(5) specific provisions remain Unaffected, ^ 11) according to which the

the implementation of the activities referred to in paragraphs 1 and 2 excluded, restricted or

subject to the specific approval or authorization.



section 16 of the




(1) for damages caused by the activities referred to in article 15, paragraph 2. 1 and 2 are

subject to the General rules on compensation, ^ 12) in this Act

provides otherwise.



(2) bodies and organisations are obliged to after their activities in accordance with § 15

paragraph. 1 and 2 indicate promptly used the property to the previous state, and

inform the owner (Administrator, user) of the property.



(3) If it is not possible or economically expedient to replace the damage caused

prior to the previous state, the owner (Administrator, user)

real estate the right to compensation in cash.



(4) if the owner (Administrator, user) real estate activities under section 15

paragraph. 1 and 2 are significantly limited in the normal use of the property, has also

the right to the Department or agency for which the work is made or

the equipment shall provide a reasonable restriction for this one-time

a refund. This law can be applied to the authority or organization into one

year from the date of receipt of notice of the termination of activities, otherwise the right shall lapse.

A one-time compensation disputes shall be decided by the regional authority, in whose administrative

the perimeter of the property. The scope of the established regional authority under this

the law is the exercise of delegated powers.



The authorisation procedure for mining activities



§ 17



(1) an application for a permit under section 9 of the mining activities up to 11 and section 13

presents the organization with the prescribed documentation and papers no later than 3

the month prior to the scheduled start of work with the district mining Office.



(2) If a mining activities at risk protected objects and the law

interests, must be submitted with the application documents to resolve conflicts of interest.



(3) if the application does not provide a sufficient basis to documentation

the assessment of the proposed mining activities, or unless the application for authorisation

mining activities under section 10, in accordance with the conditions laid down in

decision on the establishment of the protected area and the total

space, invite the district mining Office organisation to request by the

the time limit has added, where appropriate, to comply with these decisions;

Similarly, if the request does not contain all the documents about the resolution of the

conflicts of interest.



(4) the district mining Office decides on the request not later than two months from

its submission, or of its complement in accordance with paragraph 3.



(5) the district mining Office stops the authorisation procedure for mining activity,

If the application has not been completed by the time limit set in accordance with paragraph 3.



section 18



(1) participants in the proceedings about the permit applicant are mining activities,

investor, the owner of the mine and the citizens, whose rights and the law

protected interests or obligations may be affected, and the authorization of the village, in

the territorial jurisdiction is to be exercised in mining activity.



(2) the authorization referred to in paragraph 1 mining activities is issued by the district mining

the authority on the basis of the proceedings associated with the local investigation; the cost of the

expert opinions, which are required to pay the applicant in the proceedings.



(3) the district mining Office shall notify the authorities of the State concerned, the initiation of proceedings

the Administration and the parties not later than 10 days before the hearing,

where appropriate, the local investigation. At the same time notifies you that your opinion

or objection may apply at the latest at a hearing, where necessary,

When the local investigation, otherwise the later examination of the opinion or

the opposition may not be taken into account. If any of the bodies of State administration

needs in justified cases, to the proper adjudication of the matter a long time,

the district mining Office at his request before deadline

the end of be extended accordingly.



§ 18a



Issued a decision on the determination of the area and for authorisation of mining

activities shall be binding for the parties ' successors.



SECTION FOUR



Activity carried out using mining techniques



§ 19



Mining of non-reserved mineral bearing



(1) mining of non-reserved mineral bearing, seizure and disposal

major mines and quarries allows district mining Office. Without these

authorization shall not be started.



(2) the applications for authorisation of mining of non-reserved mineral bearing

the Organization attaches to the territorial decision ^ 5) and plan the use of bearings. To

applications for authorisation of collateral or liquidation of main mine workings and quarries

the Organization attaches to plan their collateral or liquidation.



(3) The procedure for the authorisation of mining of non-reserved mineral and bearings on

the authorisation of the reinsurance and liquidation of main mine workings and quarries,

apply mutatis mutandis the provisions of § 17 and 18. Issued the authorization decision

mining of non-reserved mineral bearing are binding even for the legal

the successor to the parties.



(4) an organization that conquers the bearing of non-reserved mineral, or in

connection with the exploitation of minerals of edits or refines, is required to

comply with the conditions of efficient and safe extraction of the bearing.



(5) For more precise knowledge about the quantity and quality of stocks and on geological

and on mining-technical conditions of conquest is an organisation entitled to during

to perform the other mining prospecting in the territory as defined in the decision of the

of land use for mining of non-reserved mineral bearing. ^ 5)



(6) Further conditions of use of non-reserved minerals bearing down

The Czech mining Office, in agreement with the Ministry of environment of the Czech

of the Republic and by the Ministry for economic policy and development of the Czech

States generally binding legal regulation.



section 20



Other activities carried out using mining techniques



(1) the activities to be carried out using mining techniques referred to in § 3 (b). (b)) to (j))

the Organization shall be carried out in accordance with the specific legislation. ^ 4) district mining Office

competent to execute the Supreme supervision of activities carried out by mining

According to § 3 (b). I) is the institution concerned in the procedures for authorisation

buildings, which comprise this activity is, and is issued in such proceedings

binding opinions.



(2) the Czech mining Office to ensure the safety and health at

work and safety lays down generally binding legal regulation,

in which activities carried out using mining techniques and to what extent

the organization is obliged to keep mining surveying and geological documentation (section

14); in terms of geological documentation shall issue the regulation

the Ministry for economic policy and development of the Czech Republic in

the agreement with the Ministry of the environment of the Czech Republic and the Czech

Mining Authority.



PART THREE



Explosives



section 21



Basic concepts



(1) for the purposes of this Act, means the



and the explosive substances and articles) that are listed in the annex and the European

the agreement on the international carriage of dangerous goods by road (ADR) ^ 13a)

classified in class 1 of those substances, except for ammunition and military

ammo ^ 1 h),



b) plastic explosives such explosives, which



1. are prepared from one or more of the explosives, which they clean

the form of a vapour pressure of less than 10-4 Pa at 25 degrees Celsius, in particular

oktogen (HMX), penthrite and hexogene as active components (AS PETN) (RDX) and



2. are prepared with binders and



3. as a mixture of malleable or flexible at normal room temperature,



(c) the management of explosives) research, development and testing of explosives, their

production and processing, use, destruction and disposal, storage,

the acquisition, transfer, import, export or transit, and transport



(d) such use of the work trhacími) of explosives, in which it is used

energy conversion of explosives and explosive chemicals that include file

workflows, in particular charge of explosives, preparing and charging

roznětných cartridge, making roznětné network, launch the load (hit)

and the explosion of explosives (blasting),



(e) the transport of explosives in transit of explosives) under special laws

^ 13b) legislation through the territory of the Czech Republic from the point of entry into the territory of the

The United States, and the point of exit from the territory of the Czech Republic,



(f) the acquisition of explosives each) to obtain or transfer between

organisations on the territory of the Czech Republic,



g) transfers each their relocation from the territory of a Member State

The European Union on the territory of the Czech Republic,



h) person responsible for the transit carrier, which on the basis of the Treaty

or other forms of cooperation ensures the transport of explosives,



I) export of explosives to their actual relocation from the territory of the Czech Republic

on the territory of a State which is a Member State of the European Union,



j) importation of explosives to their actual transfer of the territory of a State

not a Member State of the European Union, on the territory of the Czech Republic,



to AIDS to the use of explosives) (hereinafter referred to as "AIDS") means or

devices that come into contact with explosives, and can act on them

its chemical and physical properties and or are needed to

implementation of blasting.



(2) in case of doubt, whether it is an explosive or pyrotechnic

products, decides the Ministry of industry and trade. In case of doubt, whether

as for blasting or ohňostrojné work, or about AIDS, decides

The Czech mining Office.



Waste explosives



section 22



General obligations in the handling of explosives



(1) any person who comes into contact with explosives, is obliged to proceed with the

the biggest caution and adhere to the regulations on the management of explosives and


tutorials on the use of explosives to endanger your safety and

the safety of other persons and property.



(2) the organization is required to ensure the safety in our activities

working environment and working conditions in the handling of explosives

and for their application to ensure sufficiently easy to understand guides.



(3) the organisation shall make the necessary preventive measures in a timely manner, and

Delete without delay and conditions that could compromise its safe

operations or interests protected by specific legislation, in particular

health and safety in the handling of explosives.

The organization is obliged to secure the explosives against misuse, loss or

theft in accordance with the provisions of paragraph 6.



(4) the Organization must in the handling of explosives, to fulfil obligations also

referred to in § 6 (1). 3 (b). b) to (f)), and (h)).



(5) the organisation shall report to the relevant district mining authority

8 days in advance of the start of production of explosives, their processing, destruction and

the disposal, storage, research, development and testing. The organization is also

required to report interruption of these activities for a period longer than 30 days, and

termination of such activities. The announcement of the initiation, suspension or termination of

the above activities must include the business name, if applicable, the name,

registered office and number of the person, in the case of a legal person, and

business name, if applicable, the name and surname, address of place of business and

the identification number of the person it has been allocated, if it is about doing business

a natural person, the indication of the type of activity and the signature of the statutory body

or its designee.



(6) the organisation shall objects or spaces in them in which is

find explosives, to ensure against theft of explosives and blast them.

Way to ensure objects and space must be included already in the project

the documentation. The Czech mining Office shall issue a decree of class of danger

explosives, construction requirements and to ensure the stores of explosives on

the surface and below the surface, construction requirements and ensure stores

explosives manufacturers and customers, traffic and safety requirements

health at work in the warehouses of explosives and storage requirements

explosives and their methods of storage.



(7) the Organization, carrying out research, development and testing of explosives,

their production, storage, destruction and disposal, are required to establish

Department or to identify the person responsible for carrying out the tasks in the field of safety

and occupational health and safety.



(8) in the handling of explosives may be used only for technical

equipment and AIDS, which correspond to the regulations to ensure the safety

and occupational health and safety. Fitness equipment

the organization assesses their regular inspection, testing and

revisions that can perform only authorized and qualified

of the person; AIDS is assessed by organizations according to their nature and use.

On the dedicated technical facilities and their use in the handling of

explosives also applies to section 8a, and the regulations issued on its basis.



(9) the organisation shall promptly notify the police of the Czech Republic

theft, loss or breach of cargo or transport package explosives

you are treated.



(10) each is obliged to immediately notify the theft, loss or find

explosives or violation of cargo or transport package explosives Police

The United States, or your organization, in the case of explosives, with which

Organization of loading.



(11) in the handling of explosives are persons non-participating in these

activities are required to follow the instructions of the person who handles explosives,

and respect her instructions to ensure the safety of life, health of people and

asset protection.



(12) when blasting works are owners of real estate, or their

Administrators or users to be required to tolerate the measures to ensure the safety

life, health of people and the protection of assets, including the location of the alert or

informative posters.



(13) it is prohibited to transfer, acquire, transport, import or export

or placing on the market of plastic explosive, which do not contain the detection

substance ^ 13 c); This prohibition does not apply to plastic explosives, which are



and) prepared or held in limited quantities exclusively for the purposes of

duly approved scientific research, development or testing of new or

the amended explosives



(b)) prepared or held in limited quantities exclusively for the purposes of

duly approved training in the detection of explosives or manufacture or

testing equipment for detection of explosives,



c) prepared or held in limited quantities exclusively for duly

the approved purposes of investigative and judicial Sciences.



(14) the approval process of plastic explosives referred to in paragraph 13 (b). and)

to c) and the types of detection of substances modifies the Czech mining Office by Decree.



Article 23 of the



Manufacture of explosives and accessories



(1) the Czech Mining Authority can issue a binding opinion on the application for the concession for the

trade "research, development, production, destruction, disposal,

processing, purchase and sale of explosives and blasting "in

the scope of business "research, development, production, destruction,

disposal, processing, purchase and sale of explosives, "according to a special

^ According to the law). In giving its opinion, the Czech mining Office

assesses whether the Organisation for the operation you want to do your own

or has access to the agreed facilities and equipment needed

to carry out this activity, and owns or has access to the

objects that were required for the operation of the activities authorised under

a special law ^ 3 c).



(2) an organization that produces, processes, manufactures or imports

explosives or tools, is required to the customer



and proof of performance) to pass and the quality of the delivered equipment,



b) attach to the supplied výbušnině a proof of its properties and instructions

using it.



(3) the requirement to attach instructions referred to in paragraph 2 (a). (b)), and the Subscriber has

that supplies explosives and equipment next to the customer.



(4) the customer is obliged to comply with the instructions for the use of explosives, and

AIDS, familiar with the contents of the relevant staff and about this

getting to record.



(5) High schools can carry out research, development, testing, laboratory

the production, processing, disposal and destruction of explosives to carry out their

the pedagogical tasks within an accredited study programme and

scientific research and the tasks of the expert's testimony. High schools can these

activities on condition that the



and shall notify the competent district mining Office) Office within 30 days from the start of

the academic year of the types and quantities of explosives is planned, which will be

According to the study, and scientific and research plans and implied expertise

activities in a given academic year,



b) within 15 days after the end of the academic year shall notify the competent district

a motion for authority to the actual quantities and types of explosives referred to in subparagraph (a)),

including how it was loaded with them.



(6) the Czech mining Office shall issue a decree requirements to ensure

safety and health at work and the safety of operations at

the production, processing, development, research and testing, use, destruction

or disposal of explosives.



section 24



The placing on the market of explosives and accessories



(1) of the explosives and equipment placed on the market under special laws

^ 13e) rules, unless this Act provides otherwise. Thereto to the designated

to waste on the territory of the United States must be accompanied by instructions for use

in the Czech language. If this law or another law provides

the requirements on the instructions for the use of explosives, these requirements shall not apply to

products which have been manufactured or marketed in one Member

State of the European Union in accordance with its legislation, provided,

the enclosed instructions ensures protection for the legitimate interest of the corresponding

extent to which the achievement of tracks by this Act or other legislation.

If the instructions for the use of explosives does not match the requirements of

the laws of the United States, the organization is obliged to remove the detected

shortcomings and instructions for the use of explosives brought into line with these

regulations. Pyrotechnic articles shall be marketed under a special

the law.



(2) if the person authorized to conformity assessment of conformity,

that does not have a registered office in the territory of the Czech Republic, must be before the first

the use on the territory of the United States validated the compliance manual

with the requirements laid down by the legislation of the Czech Republic

a legal entity, which is also responsible for the assessment of conformity

explosives and equipment under special legislation ^ 13e). By the time of

the removal of deficiencies in the instructions for use of explosives cannot be with explosives

on the territory of the Czech Republic.



§ 25



The transmission and acquisition of explosives



(1) the organization may transfer or acquire explosives without a permit. On the issue of

the authorization shall be decided by the competent authority of the State mining authority based on

a written request from an organization that is the recipient of explosives (hereinafter referred to as

"the applicant"). Authorizations for the transfer or acquisition is not required for

smokeless powders, black powder and matches, if they are intended for


use by a special legal regulation ^ 1 h).



(2) an application for an authorisation to acquire explosives between organizations served

the applicant referred to in paragraph 1 to the competent authority in accordance with the district mining Office

the headquarters of the organization or the location of the branch. On the issue of a permit

district mining Office. The applicant may request a one-time

a permit to acquire explosives or for permission to repeat the acquisition

the explosives, but no longer than for a period of 3 years. The recurring acquisition of explosives can be

at the same time allow only between one applicant and one vendor.



(3) a request for authorisation to acquire explosives from a Member State of the European

Union in the territory of the Czech Republic the Czech Mining Authority, the applicant served. About

authorisation shall be decided by the Czech mining Office. The applicant may request the

a one-time authorization to acquire explosives or for permission to repeatedly

the transmission, but no longer than for 3 years. Recurring transfer may be permitted

only in the case of transmission between the same organisations.



(4) the applicant is the only party to the proceedings.



§ 25a



Requirements for an application for an authorisation for the transfer and acquisition of explosives



(1) the request contains



and according to the applicant) details of the administrative code, telephone and fax number,

or electronic address (hereinafter referred to as "identification data"),



(b)) identification of an organization that passes or acquires explosives,



(c)) the identification of the carrier,



(d)) method of passing or acquisition of explosives and putting the projected

shipments of explosives,



e) expected date of transfer or acquisition of explosives,



f) the period for which the permit is sought,



g) quantity (kg, pieces, m) of explosives, to be transmitted,



h) full description of explosives, which shall consist of the identification number

The United Nations (UN) number, classification code, the trade name

explosives, whether explosive or does not have the "CE" marking, the names and

the address of the manufacturer or supplier,



I) purpose, place of use and place of storage of explosives.



(2) in the case of a permit to a recurring transfer or acquisition of explosives

the application may not contain the information referred to in paragraph 1 (b). (c)), d) and (e)).



(3) the applicant shall attach to the request



and) an extract from the commercial register or, if the applicant is entered in the

trade register extract from the trade register or any other

like the register, not older than 90 days or a similar document from another

State and a certified copy of the concession of the Charter,



(b)) Declaration of conformity, the explosive is to be placed on the market in the Czech

Republic for the first time.



§ 25b



The decision to grant an authorisation for the transfer and acquisition of explosives



The decision contains



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



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



(c) the period of validity of the authorisation, the)



(d) the quantity of explosives to be transmitted) (kg, pieces, m)



(e)) the data referred to in section 25a paragraph 1. 1 (b). (h)),



f) name and address of manufacturer or vendor data, whether explosive or

does not have the "CE" marking, the commercial name of the explosive,



g) purpose, instead of using explosives and place of storage of explosives,



h) additional conditions, if necessary from the security interests of the United

of the Republic.



section 25 c



Exports and imports of explosives



(1) the export of explosives and explosives import permit is required. On the issue of

authorisation to decide on the basis of the request, the Czech mining Office. To the application for

granting an export permit shall be expressed in the authorities referred to in paragraph 7.



(2) an application for an export permit of explosives from the United States, or about

import permits for explosives served an organization that has the authority to

business in the territory of the Czech Republic under this law or other

legal předpisů13d). The permit can be issued for single or

repeatedly export or import, but no longer than for 3 years. Authorisation to

repeated imports or exports may be issued, in the case of the import or

exports between the same organisations.



(3) in the application, the applicant shall indicate the



and) identification of an organization that explosives or

imports, its telephone and fax numbers, e-mail address, if applicable,



(b) the identity of the receiving) Organization,



(c) the final) the identification of the user, if known,



d) identification of the carrier of explosives,



e) full description of imported or exported explosives, which consists of

the United Nations identification number (UN number) and classification

code,



(f) the name and address of the registered office), the manufacturer or supplier of the explosives,



(g)) the presumed mode of export or import of explosives and putting the

the projected transport routes,



h) expected date of start of export or import explosives,



I) period of validity of the authorisation,



j) quantity (kg, pieces, m) of explosives, to be exported, or

imported,



to) the purpose, instead of using explosives and place of storage of explosives,



l) Declaration by the applicant that the information given in the application is true,



m) copies of the application and the date of signature of the applicant on the export or import of

explosives.



(4) in the case of a permit for repeated imports or exports explosives application

may not contain the information referred to in paragraph 3 (b). (d)), and (f)).



(5) the applicant shall attach to the request



and) an extract from the commercial register or, if the applicant is entered in the

trade register extract from the trade register or any other

like the register, not older than 90 days or a similar document from another

State and a certified copy of the concession of the Charter,



(b)) in the case of exports, the international import license (International Import

Certificate) or the certificate of the final user (End User

Certificate),



c) a certified copy of a valid proof of the safety of natural

person or a valid certificate of a natural person under a special legal

prescription for all persons carrying out sensitive activities for the Organization

According to paragraph 10,



(d) a statement as to whether it was) an explosive, marked "CE" and which by the notified body

person ^ 13e), where appropriate, Declaration of conformity, the explosive is to be listed

on the market in the Czech Republic for the first time.



(6) the decision to grant an export or import explosives contains



and) identification of an organization that exports or imports explosives,

telephone and fax number, e-mail address, if applicable,



(b) the carrier) identification of explosives,



(c) the period of validity of the authorisation, the)



(d)) the quantity of explosives imported or exported (kg, pieces, m)



(e)) for a complete description of explosives, which shall consist of the identification number

The United Nations (UN) number and classification code, name and address

the manufacturer or supplier, the trade name and, in the case of imports of "CE"

indicate the explosive is to be placed on the market in the Czech Republic for the first time,



f) in the case of exports, transit countries through which the shipment does not allow of

because of the international situation (the embargo, war, etc.),



g) additional conditions, if this is necessary for security or foreign

the political interests of the United States.



(7) an application for the issue of permits and the opinion without undue

delay, at the latest, however, within 25 days of the date on which the application for

opinion delivered to the Ministry of Foreign Affairs shall issue from the perspective of

the foreign policy interests of the United States and the Ministry of the Interior of the

the internal order and security of the Czech Republic; authorisation can be

issue just by an affirmative opinion of the Ministry of Foreign Affairs and

The Ministry of the Interior. The application for authorisation shall be further expressed

the appropriate intelligence agency in terms of its competence as laid down

special legislation ^ 13 g), within 25 days of the date on which they were

request for opinions delivered, otherwise, it is considered that with the issue of a permit

agrees.



(8) unless the authority referred to in paragraph 7 of its opinion within the time limit specified by the

This Act, it shall be deemed that the export of explosives agrees.



(9) the opinion of the authorities referred to in paragraph 7 shall be kept separately outside the

the file.



(10) the Sensitive activities under a special legal regulation is performance

a member of the statutory body, the performance of the function and performance of authorized

Member of the Supervisory Board of the organization that performs the export or import of

explosives referred to in paragraph 1.



§ 25 d



The transit of explosives



(1) the transit of explosives through the territory of the Czech Republic is required

authorisation can be issued by the Czech mining Office.



(2) the authorization referred to in paragraph 1 asks the organisation responsible for transit. In

the request shall indicate



and) identification of an organization that is the recipient of a number of explosives,

phone and fax numbers, e-mail address, where appropriate



(b)) identification of an organization that passes the explosives, the number

phone and fax numbers, e-mail address, where appropriate



(c)) the identification of the carrier, telephone and fax number, where appropriate

e-mail address,



d) the expected date and route the transit of explosives, an indication of the date and place

entry into the territory of the Czech Republic and of the date and point of exit from the territory of the United

Republic,



(e) the period of validity of the authorisation, the)



f) quantity (kg, pieces, m) of explosives to be transported,



g) a complete description of explosives, UN identification number, classification code,

the manufacturer's marking of explosives, and the trade name,



h) Declaration of the person responsible for the transit of explosives that the information referred to in

application is true,



I) copies of the application and date of the signature of the natural person authorized to act on


on behalf of the person responsible for the transit of explosives.



(3) the application shall be accompanied by the consent of neighboring state with access to its

in the point of exit from the territory of the Czech Republic.



(4) authorisations for transit contains



and) the identification of the carrier,



(b)) the identification of the carrier,



(c) the period of validity of the authorisation, the)



d) quantity (kg, pieces, m) of explosives to be transported,



e) full description of explosives, UN identification number, classification code,

the manufacturer's marking of explosives, and the trade name,



f) indication of the point of entry into the territory of the Czech Republic and the point of exit from the territory of

The Czech Republic; the obligation of notification according to § paragraph 25f. 2 remains

unaffected,



g) data on the route to transit explosives via the territory of the Czech Republic.



(5) the Czech mining Office in may allowing the transit route of transit

of explosives through the territory of the Czech Republic or the transit of explosives through the territory of

The United States, to prohibit, if this is justified by the safety or

the foreign policy interests of the United States according to the opinion of the authority for

foreign relations and information and opinions of the Ministry of the Interior and

Security information service.



section 25e



Rejection of the application for authorization, suspension and withdrawal of authorisation

authorizations for the transfer, acquisition, export, import or transit of explosives



(1) the authority of the State Mining Authority shall reject the application for authorisation



and in the case of transit), unless the person responsible for transit

the original of the document of approval of explosives, a neighboring country with access to the

within its territory,



(b)) if the organization or person acting on its behalf, asking

for authorization repeatedly or seriously violated the obligations

laid down in part III of this Act at the time of less than 12 months ago

submission of the application for authorisation,



(c)) if the organization applying for authorisation, in less than

12 months preceding the application withdrawn,



(d) if it is not passing), acquisition or transit in accordance with the safety

the interests of the United States,



(e)) if the export or import of explosives in accordance with the safety or

the foreign policy interests of the United States,



(f)) If your organization does not have permission to use explosives on

the territory of the Czech Republic.



(2) the competent authority of the State Mining Authority shall decide on the suspension of the

the validity of the authorisation, if in connection with the transfer and

the acquisition of explosives or their export, import or transit finds

a serious threat or disruption of the health and safety of persons or the protection of

asset. The validity of the permit may be suspended for a period of time adequate to

removal of serious danger or disruption to the health and safety of people

or the protection of property but no longer than 6 months. The competent authority of the State

Mining Authority of their decision on the suspension of the authorization cancels,

as soon as the reasons for which the decision to suspend

the validity of the authorisation, if the authorisation has not expired.



(3) the authorities of the State mining authority granted permission may by decision of the

withdraw it if



and) the authorisation was granted on the basis of false or incomplete information, the



(b)) have not been met the conditions laid down in the authorization,



(c)) in the period laid down in the decision on the suspension of authorisation

does not delete the deficiencies for which the authorisation

suspended,



(d)) after the issue of permits for which barriers have arisen could not be

authorisation to be granted.



§ 25f



Information and reporting obligations



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

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

transport of explosives not requiring a permit issued by the authority of the State mining

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

transport of explosives at least 24 hours before the start, no later than

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

It is to be carried out by means of transport transport of explosives, that 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. Transport of explosives

nespotřebovaných during blasting works are informed by telephone by

subparagraph (g)) no later than 2 hours before the start. Notification shall be given

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



and authorisation number) its date of issue and indicate the State Mining Authority

the Administration, which issued the permit,



(b)) identification of organisations, among which or within which the

the transmission is carried out, acquisition, export, import, transit and transport

explosives,



c) estimated shipment route and the address of the places from where they are to be

explosives being transported,



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



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

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

explosives on the territory of the United States, 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) the means of transport intended for transporting explosives to road

roads must be equipped with devices which enable 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

SC detonators. Throughout the transport equipment must be entered into

motion tracking system and it registered.



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

2 or of other information



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

all modes of transport,



(b)) provides up-to-date information on emergency situations, manual

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

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

States 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 any breaches of the conditions laid down

transport.



(6) organization that has been granted authorisation to acquire, transfer,

import, export or transit of explosives is required after each

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

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

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

passed, were taken, imported, exported or that were 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 a licence to acquire explosives from the States,

which are Member States of the European Union, rejecting an application for

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

The United States, about the suspension of the authorisation to

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



§ 25 g



The obligations of the Organization in the management of explosives



(1) the Organization shall be required to



and) ensure that authorizations for the transfer, acquisition, export, import, or

the transit of explosives was transported along with the explosives, all the time

transport carried out under special legislation ^ 13a) out of place

departure up to destination and, upon request, to the customs

authorities or the police of the Czech Republic or the authorities of the State mining

Administration,



(b) conclusive evidence) to keep the transmission, acquisition, export or import of

explosives,



c) keep authorizations for the transfer, acquisition, export or import of

explosives, and other related documents for at least three years from the

end of the calendar year in which the last transmission, acquisition,

export or import explosives there.



(2) the organization involved in the handling of explosives are required to

the authorities referred to in paragraph 1 (b). and) on their request to all

information relating to the transmission, export, import or transit of explosives

and submit them to the documents authorizing the Organization to waste

explosives in these activities.



(3) the organization is required about how the security of explosives in accordance with § 22

paragraph. 6, or changes to this in writing, without delay, notify the security

Police of the Czech Republic.



(4) the Organization shall, on the basis of the State Mining Authority challenges

provide management the authority free of charge explosives in quantities

appropriate to their assessment.



(5) organizations that handle explosives, are obliged to notify

district mining offices of changes to the information about the Organization in the range of data

referred to in section 25a paragraph 1. 1 and 2, and at the latest within 5 working days from the

date of the change.



section 25 h




Superintendence and the supervision of the transfer, acquisition, import, export or

the transit of explosives



(1) the authorities of the State Mining Authority in the performance of surveillance and police Chief

The United States, in the exercise of supervision is to verify whether the transmission and acquisition of

explosives, their importation or exportation, or transit only thereof

organizations which have been granted an authorisation pursuant to this Act, and that

It is performed to the extent and under the conditions laid down by law and issued by the

the permit. The authorities of the State Mining Authority exercise Superintendence over the

the transport of explosives carried out under special legislation

governing the international transport of dangerous goods ^ 13a).

The authorities of the State Mining Authority in the performance of the Chief supervision and police of the Czech

the Republic in the exercise of supervision shall be entitled to require the submission of

authorizations for the transfer, acquisition, export, import or transit of explosives and

write to the annex to decision indication of the facts, which are related to

its use.



(2) the Czech Republic Police is authorized to carry out inspection of transport

means of transporting explosives, the completeness of the cargo and transport and

the accompanying documents.



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

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

Directorate of customs, 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 authorizations and when the withdrawal of an authorisation.



(4) when the security supervision of the transport of explosives is the police of the Czech

States shall be entitled to prohibit the driver of the vehicle that is transporting the explosives,

ride on as long as necessary, or to determine driving directions, if required

safety of the transport of explosives or other public interest.



section 25i CKS



Secure and prevents explosives



(1) if the police of the Czech Republic establishes the fact that

suggest that the transmission, acquisition, export, import or transit of explosives

is not carried out in accordance with this Act or with the terms of

set in the permit, it is entitled to such explosives ensure.



(2) the police of the Czech Republic orally notify the decision to ensure the

explosives explosives holder or its carriers and without undue

delay, shall draw up a written decision, which will be given and the reason

ensure the explosives, explosives and secured their description quantity.



(3) the police of the Czech Republic will issue its holder or carrier

acknowledgement of receipt secured explosives and ensure its transport to the

Police of the Czech Republic or warehouse to another warehouse eligible for

the storage of explosives.



(4) ensure the explosives shall notify the police of the Czech Republic without delay

the authority of the State Mining Administration, which issued the authorization to transfer,

the acquisition, importation, exportation, or transit. If explosives are secured and

If you cannot remove the deficiencies for which it was provided, it shall initiate the

the competent authority of the State mining authority of management prevents explosives.



(5) ensure the explosives it takes until the final decision of the

prevents the explosives referred to in § 44 c, or until it shall be decided that the

It is not a violation of this Act.



section 25j



(1) Organization, which was the authorization to export or import is granted, it must

This authorisation should provide Customs office as declarant, alone or

through the direct representative ^ 13f).



(2) Organization, by the competent authority of the State Mining Administration has suspended

the validity of the authorizations for the transfer, acquisition, export, import or transit

explosives, is obliged to suspend this activity and enable save for

the competent authority of the State Mining Authority within 7 days of the suspension

the validity of the permit.



(3) Organization, by the competent authority of the State Mining Authority withdrawn

authorizations for the transfer, acquisition, export, import or transit of explosives,

is required to terminate the enabled activity and enable save to the competent

authority of the State Mining Authority within 7 days since the withdrawal of an authorisation.



§ 25 k



The Czech mining Office shall issue a decree granting the authorisation request patterns to

the transmission, acquisition, export, import and transit of explosives.



section 26



Transport and carrying of explosives



(1) the transport of explosives is considered to be the transport of dangerous goods. For

transport of explosives subject to specific provisions) and ^ 14 relevant technical

^ 15) standards.



(2) the mode of transportation of explosives in the underground provides organizations in the transport

of the order.



(3) Explosives may be transferred only in sealed packages.



(4) the Czech mining Office generally binding legal regulation establishes

the conditions for the carriage of explosives in the underground and carrying explosives.



The implementation of the work connected with the use of explosives



section 27 of the



(1) to perform blasting operations can only be on the basis of the authorization.



(2) the district mining Office permits blasting in mining activities and

activities carried out in the manner of mining and blasting work in the other

activities.



(3) the decision to allow large scale blasting works is also sent

the Regional Directorate of the police of the Czech Republic the headquarters

the district mining Office, which issued the decision; It does not apply to

blasting in mining activities and the activities carried out by mining

way.



(4) the Blasting work without permission can be made only in cases where it is

necessary to save life or property, and there is a risk of default.



(5) for blasting a large scale must be drawn up technical

project blast for blasting and for other small scale works

associated with the use of explosives the technological process. If the dossier is

accompanying the application for authorisation of blasting is incomplete, it shall invite the district

mining Office organisation to eliminate the deficiencies within the time limit it

laid down. If the organization fails to do so, the district mining Office of management

enable the blasting stops.



(6) the Czech mining Office lays down generally binding legal regulation, which

blasting shall be construed as blasting small and large scale,

Routing essentials, Essentials of the technical project

blast and in greater detail the blasting.



section 28



(1) an application for a permit blasting serves the one for which this

the work to be performed, or with his consent, the one who will this work

perform.



(2) the application shall be accompanied by



and) documentation with the proposal blasting technical conditions to

safe implementation of blasting,



(b) a draft of the measures to protect) the rights and legally protected interests of the Organization and

citizens,



(c) the list of organizations and citizens), whose rights or interests protected by the law

could be endangered by the use of explosives.



(3) the costs of any expert opinion is required in the authorisation procedure for

blasting shall be borne by the applicant.



section 28a



The use of explosives in risk conditions and risk environment



(1) the Czech mining Office shall issue a decree detailed conditions, or

properties of explosives that can be used in hazardous conditions or in

risk environment (for example in gassy coal mines, or

or in the coal mines, in the extreme temperature conditions, in

potentially explosive atmospheres of gas or dust), and checking

the properties of these explosives.



(2) different types of explosives for the purposes referred to in paragraph 1 shall be

first use allowed the Czech Mining Authority.



section 29



Objects for the production, processing and storage of explosives



(1) to produce, process, carry out research, development, testing, experimental

production, carry out the destruction and disposal of explosives and their storage

It is possible to only the objects that have been authorised for that purpose by the

a special law ^ 3 c).



(2) when blasting works of large-scale explosives that may be

they have a single use, temporarily stored in the open air,

However, for a period of not more than 48 hours prior to the commencement of blasting; in such a

the case is an organization serving blasting shall make the necessary

measures against undue exposure to weather conditions, against

the theft of explosives and to ensure the protection of persons and property from unwanted

detonation of explosives. Storage of explosives in the open and

the measures carried out must immediately notify the regional organization

the Directorate of the police of the Czech Republic.



(3) in facilities where explosives are stored (hereinafter referred to as "warehouses

explosives "), manufactured or processed, is allowed to produce, store,

handle or try only the types and quantities of explosives

are laid down in decision kolaudačním or in the decision establishing the

enables the use of objects. Explosives and explosive articles which are not

intended for immediate and immediate use or which is otherwise

not, it must be stored either in the objects referred to in paragraph 1, or

in the warehouses of explosives.



(4) for a short time can be kept explosives in the Special

úschovnách set up at the workplace. Details of the specific úschovnách

provides for the Czech mining Office generally binding legal regulation.



Warehouses of explosives



section 30



On the design and construction of warehouses of explosives is subject to the General provisions

about the investment construction, unless this Act provides otherwise.



section 31




(1) the decision on the location of the building magazine issues



and when mining activities) under the surface of the district mining Office,



(b)) when mining activity on the surface and in the activities carried out by mining

the way the authority competent under the specific legislation ^ 17) in agreement with the

district mining Office



(c)) in other cases than those listed under letters a and b), the authority)

appropriate under the specific legislation. ^ 17)



(2) the request for the location of the warehouse of explosives referred to in paragraph 1 (b). and)

be accompanied by a sketch showing the location of the warehouse of explosives

the adjacent groundwater and surface of objects, ventilation system and protection

before the fire, explosion and manifestations of the the mountain pressures.



§ 32



(1) the construction of warehouses of explosives beneath the surface in mining activities and

activities carried out using mining techniques and on the surface in the borders

area, as well as their changes and use allows District

mining Office.



(2) construction of the warehouses of explosives on the surface beyond the boundaries of space,

their changes and use permits only the district mining Office in the territory

exposed to the direct effects of the conquest, in agreement with the Building Authority.

The extent of this territory provides the district mining Office in agreement with the building

by the authority.



(3) the construction of warehouses of explosives, their changes and use in other cases

than those referred to in paragraphs 1 and 2, the competent authorities shall authorise by

the specific legislation. ^ 18)



(4) the decisions referred to in paragraphs 1 to 3 shall be sent by the authorities, which issued

also the Regional Directorate of the police of the Czech Republic, the

the registered office of the authority that issued the decision.



(5) the application for authorisation of the construction of the warehouse of explosives referred to in paragraphs

1 to 2 shall be accompanied by



According to project documentation) General rules on documentation of buildings,



b) sketch the location of the warehouse of explosives on the surface, indicating the

distance from neighbouring buildings, underground mine tunnels from adjacent,



(c) the decision on the location of the construction) magazine.



(6) the application for authorisation to use warehouses of explosives under paragraphs 1 and 2

shall be accompanied by



and statement) that the construction of the warehouse of explosives is effected by

project documentation,



(b)) to determine the environment and the degree of risk of fire or explosion

explosives,



(c) report on the default revision) of the electrical equipment,



(d)) when explosives warehouses on the surface of the report on the default revision lightning conductors.



(7) the conditions for the location and design of warehouses of explosives policy in more detail

Adjusts the Czech mining Office generally binding legal regulation.



§ 33



Evidence of explosives



(1) the organization handling explosives shall keep a register of

explosives, so that was an overview of how the explosives were obtained, where

located, in what quantity, and to whom they were sent or how they

loaded.



(2) any kind of explosives must register separately.



(3) the organisations referred to in paragraph 1 shall keep a register of explosives throughout the

the time that the explosives and keep holding for at least 3 years after the

end of the calendar year in which the explosives manufactured, consumed

or is transmitted to another entity or organization. This obligation

extinguished nor the termination of activities of the organization. In the event of the Organization ceasing

passes insolvency trustee or liquidator registration of explosives to the competent

the district mining Office.



(4) where the differences between the recorded and actual status of explosives,

the organization is obliged to notify this fact to the competent

Department of the police of the Czech Republic.



(5) the details of the explosives evidence establishes the Czech mining Office in General

binding legislation.



§ 34



Eligibility for the handling of explosives



(1) to dispose of explosives, unless this Act provides otherwise, may

only persons over 18 years of age, eligible legal capacity, good repute and

physically and technically qualified.



(2) the integrity for the purposes of this Act, does not consider the one who was

convicted for a crime committed intentionally or for

negligent criminal act committed in connection with the treatment of military

material, firearms, ammunition or explosives, if the

It does not look as if he has been convicted.



(3) the Integrity for the purposes of this Act, the Mining Act, or

the provisions adopted for their implementation shows an excerpt from the register

Criminal records ^ 18j). In order to prove the integrity of the State authority

Mining Authority requests according to a special legal regulation of listing

criminal records. Request to issue the statement of record

an extract from the criminal record, criminal records are to be transmitted in electronic

form, in a manner allowing remote access.



(4) a document authenticating the integrity is also similar to the proof of

integrity of the issued by the competent authority of the State of the European Union. In the case of

whereas the competent authorities of the Member State of the European Union such a document

they can be replaced by a sworn document attesting to integrity

representations before the competent authority or a notary

the Member State of the European Union. If the applicant's integrity

treated in this way, this document must be attached to the application.



(5) the medical fitness of a person to dispose of explosives shall be considered and

medical opinion issued in the case of employees of the provider

occupational health services ^ 18a), in other cases, registering

providing health care services provider in the field of general practical

medicine ^ 18b).



(6) the competence of the persons dealing with explosives, with the exception of

the activities referred to in section 35, the organization assesses that these persons are

in the work, or in another Contracting employment. The Organization has an obligation to these

the person in advance demonstrably familiar with the properties of the substances, which are

works, in terms of their explosive and fire safety and public health

protection to the extent necessary to ensure the safe execution of the works. Microsoft product support services

the eligibility of other persons to the management of explosives is assessed by the district

mining Office competent according to the place of residence of such persons, where these

the person is not the holder of the authorization referred to in section 36.



Feeding explosives to blast, disposal and destruction



§ 35



(1) to bring explosives to blast, disposing of or destroying the

and perform or control the technical work involved may



and) blasting works small scale only persons 21 years or older that have

permissions střelmistra; those persons are authorised to carry out certain

large-scale blasting operations,



b) blasting works of large scale only persons 21 years or older that have

permission of the technical head of the blasting.



(2) destroy and dispose of explosives in the process of their manufacture or

processing, including research, development, and experimental production may only

21 years or older that have permission to pyrotechnics.



(3) for the purpose of training may perform the works referred to in paragraphs 1 to 3

other persons than the Blasters, technical head of the blasting, and

the bomb disposal unit, which has designated in writing to the Organization, and it just under the

the supervision of the střelmistra, the technical head of the blasting, or pyrotechnics.



section 36



(1) the competence and authority to assess the performance of the

střelmistra publishes the district mining Office and the performance of the duties of the technical

the head of the blasting, the Czech mining Office.



(2) the competence and authority to assess the performance of the

pyrotechnics are issued by the district mining Office.



(3) the Permission referred to in paragraphs 1 and 2 shall be issued to persons who have

the prescribed practice and successful test demonstrated the theoretical and practical

the knowledge needed to safely assist transportation of explosives to blast, their

disposal and destruction.



(4) Teaching people for the test referred to in paragraph 3 ensures the Organization

in charge of the Czech Mining Authority.



(5) the curriculum and texts for teaching and testing schedules issued by approved

The Czech mining Office.



(6) the extent and conditions of teaching and the conditions of eligibility to acquisition

handling of explosives during blasting works and disposal, and

the destruction of explosives in the process of production and processing of explosives in more detail

Adjusts the Czech mining Office generally binding legal regulation.



(7) the Czech mining Office be established in agreement with the Ministry of industry of the Czech

States the requirements for the qualifications and competence of staff

the manufacture and processing of explosives generally binding legal regulation.



(8) before the start of the temporary or occasional exercise of functions

střelmistra, technical head of blasting or pyrotechnics in the Czech

Republic is a natural person, who is in another Member State of the European

Union or the Swiss Confederation may to perform similar activities,

verifies the Czech mining Office Professional qualifications according to the law on the recognition of

professional qualifications ^ 4b).



§ 36a



cancelled



Information about organizations that use explosives



section 36b



Information about organizations that handle explosives



(1) the district mining offices shall keep a register of issued an authorisation to acquire

explosives, register, register of revoked the authorization with

suspended and the records of organisations on the territory of the United

States handle explosives. Evidence leads to the extent


identifying information about the Organization, asking for authorisation to acquire

explosives. This evidence must be continuously updated and transmitted

The Czech Mining Authority.



(2) the Czech mining Office keeps records of issued authorizations for the transfer

explosives, their export, import and transit and the organizations to which this

the permit was issued. Evidence leads to the extent of identification data

the Organization, which seeks permission to transfer, export or import of

explosives. Such a register must be kept up to date.



(3) the central register referred to in paragraphs 1 and 2, leads the Czech mining Office.



(4) the Czech mining Office shall, at the request of the Police Presidium of the Police

The United States, the Office for foreign relations and information and security

information services provide access to the information in it conducted

the registers referred to in paragraph 3.



(5) the district mining offices are obliged to allow access to information

maintained pursuant to paragraph 1 to the police Member, Police of the Czech Republic.



(6) the Czech mining Office is obliged to submit, at the request of the Commission or

Member States of the European Union the current information regarding

organizations that are authorized to dispose of explosives, if this

the submission shall not preclude a special law ^ 18 c).



section 36 c



The Ministry of industry and trade organizations, which keeps records of published

consent to the production, processing, research and development of explosives, as well as to

destruction, disposal, purchase and sale of explosives. This evidence must

be kept up to date.



section 36 d



Production of pyrotechnic articles



Production of pyrotechnic articles is considered handled explosives.



PART FOUR



UNDERGROUND STRUCTURES



§ 37



Underground structures



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

the spaces created by embossing, including their access parts of the case

about



and the underground tunnels and galleries),



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



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



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

or used for business activities,



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



f) sewer of cross-section greater than 2 m2, if their

length exceeds 50 m,



g) drainage and water tunnels of cross-section greater than 2 m2,

If their length exceeds 50 m,



h) the former old or abandoned mine workings are subsequently made available

to the public or used for business activities.



(2) For underground structures under this Act shall not be regarded as an 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,

or similar influences that can disrupt the structure of the building of the underground

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

ensures the safety of underground space technology, etched

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

similar effects that can interfere with the building of underground space. To

maintaining a safe 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 underground.



(4) the owner of an 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 to tours of underground safe authentication

objects through an organization that has a mining rescue services set up

the station.



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

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

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

the formation of air rescue, fire and collapse, mining

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

designated by the operator to ensure mining safety

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

serious traffic accidents (accidents) and update it.



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

shall report the existence of the Office of the district mining Office, establishment, acquisition

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

identification of underground object, and changes to these data.



(7) the Czech mining Office shall issue a decree



and regular inspections) periods of underground objects and authentication method

their safe state,



(b) the identification data for the range) keeping records of underground objects



(c)) the conditions to ensure the safe operation of underground objects

especially in terms of their ventilation, including ventilation during operation

inaccessible objects and paths for walking,



(d) serious fighting plan) the details of traffic accidents (accidents),

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

accidents.



PART FIVE



The State Mining Administration



§ 38



The Organization of the State Mining Administration



(1) the authorities of the State Mining Authority are



and) the Czech mining Office in Prague as the central authority of the State Mining Authority

The United States,



(b)) with the 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 in the territory of the region, 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 provinces of the Hradec Králové and

Pardubice,



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



(2) the registered office of the district mining offices shall lay down by Decree of the Czech mining Office.



(3) at the head of the Czech Mining Authority is appointed by the President and

recalled by the Government; his selection, appointment and dismissal is governed by the

Government service.



(4) at the head of the district mining Office of the President; his selection, appointment

and the appeal is governed by the civil service.



(5) the Czech mining Office may in the interests of rationalisation of the performance of the State mining

management or other important interests of the



a) sub-contract certain tasks of the State mining authority other than locally

the district mining Office, or is itself a take over,



(b)), to entrust certain tasks to the district mining Office, which otherwise pertain to

The Czech Mining Authority.



(6) the Czech mining Office ensures personal and material needs of the district

mining authorities.



§ 39



The scope of the institutions of the State Mining Administration



(1) the authorities of the State mining authority exercised by the Superintendence



and compliance with the Mining Act), this law and the regulations issued on

based on this, if regarding the protection and exploitation of deposits of minerals,

the safety of operation, ensure the protected objects and interests from the effects of

mining activities and the management of explosives,



(b)), compliance with the Act, this Act and the regulations issued on

based on this and other generally binding legal regulations, which

regulating safety and health at work, the safety of technical

equipment, fire protection and working conditions in organizations

When carrying out mining activity or activities carried out by mining

in the manner and in the handling of explosives,



(c) ensuring the safe state) over the underground objects.



(2) the Chief supervision pursuant to paragraph 1 shall not apply to cases where the

activities and equipment referred to in paragraph 1 shall be subject to similar

supervision of the authorities of the Ministry of defence, the Ministry of transport and communications,

The Ministry of Justice and Ministry of the Interior. Superintendence of State

Mining Authority does not affect the environmental supervision of mining carried out by

The Ministry of the environment.



(3) in case of doubt whether a senior supervision pursuant to paragraph 1 shall be payable to the

the scope of the bodies of the State Mining Authority, decides the Czech mining Office in

the institution concerned in agreement with the other State vocational or equivalent

supervision.



(4) for the purposes of the administrative procedure, the authorities of the State Mining Administration

be empowered to obtain free of charge from the land registry data, including data

provided on the technical device data and by means of remote

access through computer networks. ^ 18e)



section 40



The Czech mining Office



(1) the Czech mining Office carries out the tasks of the Supreme supervision of the authorities of the State mining

Administration.



(2) the Czech mining Office controls the power of the State Mining Administration and activities

the district mining offices and decides on appeals against their

decision and permitted the transfer, export, import and transit of explosives.



(3) in the performance of the Chief supervision Czech mining Office



and) imposes measures to ensure rational exploitation of deposits of minerals,


safety and health at work and the safety and

purpose, organizes, directs and carries out special audits,



(b)) performs screening sites, activities and technical installations and

It is examining how the district mining authorities fulfils the obligations resulting for

them from the top of the Act, this Act and the regulations issued on their

basis,



(c)) for the establishment gives consent, or ordering the establishment of a major

mine rescue stations, established their headquarters and their

the scope of their business, approving orders, determine the conditions for

the provisions on the functions and competence of their leaders

workers and oversees the status, organization and facilities of the main and

District mine rescue stations; It may also, having regard to the nature of the

the works, their risk level and taking into account the local conditions require

to the Organization in activities carried out using mining techniques to ensure

mining rescue service



d) stores the measures to ensure the safety and health at work and the

safety in the handling of explosives and for this purpose

organizes, directs and carries out special audits.



(4) in carrying out the tasks referred to in paragraph 3 has the Czech mining Office and the law

the obligations specified in § 41 para. 1 (b). a) and (c)).



(5) the Czech mining Office



and summary records), 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 (§ 5 para.

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

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



b) controls and coordinates research and development within the scope of the State mining

the Administration, which is financed from State resources,



(c)) to the Commission the obligations of the United States, resulting from the

This law,



(d) the different types of explosives) for first use in risk

conditions and risk environment (section 28a),



e) carries out the tasks of the supervisory authority under the special law ^ 18f), if it is about

explosives and equipment, and performs supervision over whether for explosives was

the EC issued a certificate on conformity assessment, on the basis of which it is the

výbušnině "CE" designation,



(f)), lays down special conditions to ensure the safety and health

at work and safety, including the safety of

reserved and other technical devices in the management of

explosives,



g) manages and coordinates research and development and enables the test operation of the device

and systems in the framework of research and development and provides for the conditions to

ensure the safety and health at work and the safety of operations,



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

forms for admission to pay paid under the Mining Act.



(6) the Czech mining Office on



and) processes, in conjunction with the Chief Health Officer ^ 18 g) concept

safety and health in mining activity in the mines, and that after

consultation with the organizations representing the employers concerned and

employees who are involved in the implementation thereof, and this concept

Update, when necessary,



(b)) provides and coordinates, in conjunction with relevant Central

the tasks of the authorities of the international cooperation in its fields of competence,



(c) the details of the records) occupational accidents, traffic accidents and

hazardous occurrences that have occurred in the mining and

activities carried out using mining techniques and in the handling of explosives; from

These data, compiles annual statistics published,



d) keeps records on issued certificates or licences of professional

eligibility,



e) keeps records on issued penalties, their selection, and passes them to the

The Ministry of Finance of the Czech Republic,



(f)) provides competent authorities of the European communities for information about

mining of oil and combustible gas required legal

Regulation of the European communities, ^ 18 h)



g) cooperates with the competent authorities of the European communities or

European Union Member States in the exchange of information relating to the

organizations that are authorized to dispose of explosives, if

specific legislation does not prevent ^ 18 h),



h) carries out activities provided for in special legislation ^ 23).



§ 41



The district mining offices



(1) in the exercise of the supervisory authorities of the high district of mining



and) perform inspections of objects, equipment and work stations, and

check how compliance with the obligations arising from the Mining Act,

of this Act and legislation issued on the basis thereof, provided

protection and exploitation of deposits of minerals, the safety and health at

work and safety and ensure the protected objects and interests before

the effects of mining activities, the handling of explosives, as well as from other

generally binding legal regulations to ensure the safety and protection of the

health at work, the safety of technical equipment and working

terms, including provisions on fire protection of underground,



(b) on the spot) detect status, causes and consequences of severe operating

accidents (accidents) and fatal accidents at work in organizations, as well as

serious threat to the safe operation of the organization or the law protected

general interest, in particular the safety and health protection at work,



(c) delete the detected defects impose order) and shortcomings. In order to ensure

safety and health at work and the safety of operations are also

shall be entitled to order the necessary measures. If they find defects that

apparently and immediately threaten the law protected the general interest, in particular

safety and health at work, the safety of operation and technical

equipment or property and which cannot be removed immediately as ordered in the

extent necessary, stop the operation of the organization or a part thereof,

where appropriate, its technical facilities, until the removal of defects



(d)) shall keep on condition, equipment and mine rescue services and activities

examine the professional competence of its executives, with the exception of

workers revírních mine rescue stations,



(e)) shall keep whether an organisation shall maintain records and registration

accidents at work and evaluate the sources and causes of accidents,



f) scan the organization engaged in mining or

activities carried out by using mining techniques is capable of designing and

produce dedicated technical device used to carry out mining

the activity or activities carried out using mining techniques, her

appropriate authorization, or her withdrawing the authorization,



g) control the implementation of the inspections and tests of the technical installations,



h) poll tests the knowledge of the provisions referred to in subparagraph (a)) in

workers that they need for the performance of the management and

control functions. Assess the competence of the staff for the performance of

selected features and issue them a certificate or privileges to performance

functions, or this certificate or withdrawing permission,



I) provided free of charge advice to employers and workers, as

to comply with the provisions on ensuring the safety of work and technical equipment



j) carry out remittance management ^ 18i) of mining areas and from seized

minerals deposits, ^ 18j) including interest on arrears



k) shall keep a register of persons to whom they have issued a certificate or licence

professional competence under this Act and the regulations issued on its

basis, and the release of these documents, to inform the Czech mining Office,



l) shall keep a register of underground objects.



(2) the district mining offices on



and), amended or revoke the mining premises and keep their records,



(b) authorize the preparation of the otvírku,) and mining of deposits and in the

specific cases, search and exploration of mining parts; before

stoppage of an operation in mining and quarries to permit their reinsurance

or authorize the disposal of main mine workings and quarries,



(c) approved in the context of authorisation) developing, preparation and extraction of the exclusive

bearings of the proposal to create a financial reserve for settlement of mine

damage and sanitation and reclamation of land affected by the influence of conquering ^ 8a) and

decide on their drawing,



(d)) may order copies of or additions to mine surveying and geological

documentation, if missing, if they are incomplete or if they are in one of the fault,



(e) specific policy to authorize) the Earth's crust and the collateral or liquidation

old mine workings,



(f)), that a part of the exclusive command a bearings in a mining area

the Organization has earned another organization or to set up an organization's

the work of mining in the mining area of another organization if it is from the

for the public interest, in particular the safety of operations, strictly necessary;

as they progress, if it is essential to the common use of mine

works and equipment,



g) shall establish the necessary measures, in particular the order and how to pry

deposits, if otvírkou, preparation and exploitation was

vulnerable to the operation or use of the deposits in the mining area

another organization,



h) permit non-reserved minerals deposits, mining



I) permits blasting in mining activities and the activities carried out by


using mining techniques and blasting work in other activities



j) authorize the placement, construction, and use of the warehouses of explosives in the cases and under the

the conditions laid down in section 31,



to approve the timetables for service) racing mine rescue stations,



l) check at regular intervals for the creation of financial

the settlement reserves for the settlement of mining claims and for renovation and

reclamation of land affected by the influence of mining deposits. About

During these checks shall keep a register,



m) carries out the additional tasks arising for them from the top of the Act, this law

and other generally binding legal regulations,



n) performs the activities provided for in special legislation ^ 23).



(3) when the collection and recovery of debts to the State and the municipalities of flow through the circuit

mining offices under special legislation. ^ 18 l) in proceedings before the

the courts of the district mining offices stand out as an organizational folder State ^ 18 m)

separately, on behalf of the United States.



Báňští inspectors



§ 42



(1) the tasks of the bodies of the State Mining Authority in the field of supervision shall be exercised by the Chief

The Czech mining Office Central Mining inspectors and district mining offices

obvodními mining inspectors (hereinafter referred to as "mining Inspector"). Mining

inspectors provides the President of the Czech Mining Authority.



(2) Mining Inspector is entitled to



and) perform acts necessary to identify the defects and to detect the State of the

causes and consequences of serious traffic accidents (accidents) and serious

accidents at work and to convince the technical staff about their

knowledge of the provisions referred to in § 41 para. 1 (b). and)



(b)) to give binding statements, in order to remedy the identified defects and

shortcomings, and when you clear and immediate threat to the legally protected

general interest, in particular the safety and health protection at work,

traffic safety and technical equipment, or asset, giving

binding commands to stop the operation of the organization or a part thereof,

where appropriate, its technical equipment, to the extent necessary, up to the

Troubleshooting, including commands to the outlet of the workers to safety; further

is authorized to ensure the safety and protection of health at work and the

to order the necessary measures of safety. Binding order may

be given orally or in writing; If it was given orally, the Inspector is required to

After the completion of the inspection or control it in writing to record,



(c)) prohibit overtime, night work and the work of women and minors,

If it finds that it is exercised in contravention of the law, ^ 19)



(d) withhold the licence) of professional competence issued by the authorities of the State mining

Administration in cases of gross or repeated infringement to the

ensure the safety and health at work and the safety of operations.



(3) a Mining inspector shall perform their activities shows evidence of

issued by the Chairman of the Czech Mining Authority; the card is also the mandate

to check.



§ 43



(1) the binding order of the mining inspector may be filed within a period of 15

days since its release to the Czech mining Office or the district

a motion for authority, if the binding command issued the Central Mining Inspector.

These authorities its decision binding command commits changes or to

cancels. The notice of opposition shall have suspensive effect, unless it is in the binding command

mining inspector did not rule out. Suspensory effect can be eliminated only in the

When they are affected by the life and health of people or property and risk

risk of default. Against the decision of the district mining Office or

The Czech Mining Authority of objections can be appealed or decomposition.



(2) the detainee licence of professional competence shall forward to the next control

the district mining Office of the district mining Office and the Inspector of the Central Mining

the Inspector to the Czech Mining Authority.



PART SIX



ADMINISTRATIVE OFFENCES



Penalties



§ 44



Misdemeanors



(1) a natural person has committed the offence by



and mining) or activity conducted using mining techniques

without permission according to § 5 para. 2,



(b)) neglects or abuses the warning sign, warning, or informational

signs or warning signal when blasting or is intentionally

destroying, damaging or unlawfully deletes,



(c)), he shall keep unauthorized or uses explosive or otherwise

improperly handling explosives,



d) manufactures or processes the explosives illegally, or conducts research,

development or experimental production of explosives, or each other, or other affixes

resources for the production, research and development of explosives,



e) contrary to section 22 paragraph 1. 10. theft, loss, without delay, notify, or

find explosives or violation of cargo or transport package explosives

Police of the Czech Republic or of the organisation, in the case of explosives, with which

the Organization treats, or



(f) breach of the requirement to ensure the) safety and health at work

or safety in the handling of explosives, as set out

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

the explosive shall be on the market in violation of section 24.



(2) a natural person as a person designated by the Organization for the performance of the mining

the activity or activities carried out using mining techniques commits an offence

the fact that breach of the requirement to ensure the safety and health at

work and safety, including the safety of technical

and fire protection equipment in the underground of determined in accordance with section 6 (1). 6, with

which the Organization met him, or as a mining engineer breaks

one of the obligations referred to in section 5b of the paragraph. 2.



(3) a fine may be imposed for the offense to



and) $ 50,000, in the case of an offense referred to in paragraph 1 (b). and), b) or (e))

or paragraph 2,



(b)) 100 000 CZK in the case of an offense referred to in paragraph 1 (b). c), (d)) or

(f)).



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

CZK.



§ 44a



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and mining) or activity conducted using mining techniques

without permission according to § 5 para. 2, or as a mining engineer breaks

one of the obligations referred to in section 5b of the paragraph. 2.



(b)), or holding any unauthorized uses explosive or otherwise

improperly handling explosives,



(c) unlawfully manufactured or processed) explosives or conducts research,

development or experimental production of explosives, or each other, or other affixes

resources for the production, research and development of explosives,



d) contrary to section 22 paragraph 1. 10. theft, loss, without delay, notify, or

find explosives or violation of cargo or transport package explosives

Police of the Czech Republic or of the organisation, in the case of explosives, with which

the Organization treats,



(e)) provide the explosive or the widget on the market contrary to section 24, or



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

object fails to fulfil any of the obligations in accordance with § 37 para. 4, 5 or 6.



(2) is guilty of an administrative offense, by



and mining) or activity conducted using mining techniques

without authorisation or declaration according to § 5 para. 2,



(b)) performs a mining operation or operation by using mining techniques

contrary to the conditions laid down in the authorisation issued under section 9, 10,

11, 13 or 19,



c) contrary to section 6 (1). 1 does the race down, racing quarry

or race, or acquiesces in matters relating to the safe or vocational

the management of mining activities, or activities carried out using mining techniques

another employee of the Organization,



d) contrary to section 6 (1). 2 fails to do so in a timely manner preventive or precautionary

measures or the condition or does not do not delete measures in the framework of

emergency prevention,



(e) fails to comply with the obligation to) according to § 6 paragraph 1. 3,



f) does not comply with a request for assistance pursuant to § 7 para. 5,



g) contrary to section 6 (1). 2 fails to fire prevention measures

and explosions, průvalů water and mud, rescuer of rock, coal and gas, as well as

the emergence of mining tremors and eruptions,



h) when mining activity or activities carried out using mining techniques

It's the technical apparatus or equipment in violation of § 8 para. 1,



I) contrary to section 8 (2). 3 and 4, the first time the selected mining machine

devices, apparatus or underground utility without permission or does not

his exam,



j) contrary to section 8a of the paragraph. 3 (b). a) and (c)) and by a decree issued under section

paragraph 8A. 8 (a). a) or b) does not ensure during commissioning and when

operation of dedicated technical devices perform the surveys,

revisions and tests of professionally competent persons,



k) mounts, repairs or makes revisions, tests and examinations

dedicated technical equipment satisfies the containers manufactured gases, or

reserved pressure equipment contrary to section 8a of the paragraph. 3 (b). (b)), and

by a decree issued in accordance with section 8a of the paragraph. 8 (a). a) or (b)), or



l) fails to comply with a binding order of the mining inspector issued according to § 42 para. 2

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

fails to comply with requirements laid down by the implementing regulation issued by the

under section 6 (1). 6 or paragraph to section 8a. 8 or the requirements for the management of

explosives under section 22, fails to comply with the requirements for the production of pyrotechnic


products, or does not comply with a ban on overtime work, night work or work

women and young people, or does not ensure that the working conditions

requirements for safety and health at work laid down by

labour law.



(3) the Organization has committed misconduct by



and) contrary to section 22 paragraph 1. 5 does not report processing, destruction and

the disposal, storage, research, development and testing of explosives or

reports no interruption or termination of such activities,



(b)) does not ensure objects and spaces in which are loaded with explosives,

against theft of explosives and blast them pursuant to § 22 para. 6,



c) stored explosives in a manner or in the area or object in conflict with

the requirements laid down pursuant to § 22 para. 6,



d) contrary to section 22 paragraph 1. 9. theft, loss or has not notified the violation of

cargo or transport package explosives with which it treats,



(e) violates the prohibition of transfer), acquire, transport, import, export or

placing on the market of plastic explosive, which do not include the detection of the substance, or

manufacture and processing of plastic explosive, which are not tag your tracks for

detection purposes under section 22(2). 13,



(f)) as an organization that manufactures, processes, manufactures or imports

explosives or fails to comply with the obligation to AIDS pursuant to § 23 para. 2,



g) passes the explosive without permission according to § 25 para. 1, or forward it

though the validity of this permit pursuant to section 25e para. 2

suspended,



h) or takes the explosive without a permit under section 25 c of paragraph 1. 1, or

take it or take though the validity of the authorizations under section 25e

paragraph. 2 suspended,



I) carried out the transit of explosives through the territory of the United States without authorization

under section 25 d of paragraph 1. 1, or contrary to the conditions laid down in the authorisation

under section 25 d of paragraph 1. 4 (b). c, d), (f)) or g) or transit of explosives

through the territory of the Czech Republic take place though the authorisation has been

under section 25e para. 2 suspended,



j) fails to comply with the obligation of notification according to § 25f para. 2,



to as the Organization) that has been granted authorisation to acquire, transfer,

import, export or transit of explosives, fails to comply with the obligation under paragraph 25f

paragraph. 1, 2, 4 or 6,



l) contrary to section 25 para. 1 (b). and) does in the carriage of

the explosives were produced upon request of the relevant permits,



m) does not keep supporting records under section 25 g para. 1 (b). (b)), or

the evidence does not retain pursuant to § 25 para. 1 (b). (c)),



n) contrary to section 25 does not keep a register of explosives or conclusive reports

the differences in the records of explosives the police of the Czech Republic,



about to waste) determine the explosives the person that do not meet the requirements of the

pursuant to § 34,



p) are designated to assist transportation of explosives to blast, to their disposal and destruction

persons in violation of § 35 para. 1.



(4) an administrative offense shall be fined in the



1 0000 0000 Czk), in the case of an administrative offence referred to in paragraph 2 (a). c), (d)),

(f)), i), (j)) or k),



(b) 2 0000 0000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (d)) or

(f)), or in accordance with paragraph 3 (b). a), b), c), (d)), f), (j)), k), (l)), m), (n)),

about) or p)



(c)) $ 5 0000 0000 in the case of an administrative offence referred to in paragraph 1 (b). and), (b)),

(c)), or (e)), in accordance with paragraph 2 (a). a), b), (e)), g), (h)), or l) or

in accordance with paragraph 3 (b). (e)), g), (h)), or as well).



(5) an administrative offence can be used separately or together with a fine save

the confiscation of explosives.



section 44b



The confiscation of explosives



(1) the confiscation of explosives can be saved, if explosive belongs

the perpetrators of the administrative offense and was for committing an administrative offense taken

or intended, or administrative tort was obtained.



(2) the owner of a forfeited things becomes a State.



§ 44 c



Prevents explosives



(1) if it has not been saved the confiscation of explosives referred to in section 44b para. 1, you can

decide that such explosive occupies, if



and belongs to the offender which) cannot be considered an administrative offence to prosecute, or



(b)) do not belong to the offender of the administrative offense or it does not belong completely and

If it takes the safety of persons or property.



(2) prevents things cannot decide if the hearing holding signs

the administrative offense two years passed.



(3) the owner of the seized things becomes a State.



§ 44d



Common provisions on administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 3 years from the date on which it

learned, but not later than 5 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

the district mining Office. If it finds a breach of duty in the exercise of

the supervision of the Czech mining Office, administrative offence in the first degree shall be discussed by Czech

mining Office.



(5) The liability for the acts, which took place in the business

person ^ 20) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(6) the Fines collected and enforced by the authority that is saved. Income from fines is

State budget revenue.



PART SEVEN



COMMON, TRANSITIONAL AND FINAL PROVISIONS



§ 45



(1) the authorities of the State Mining Authority may withdraw the individuals they

permission or certificate issued for the performance of activities for gross or

repeated infringement of regulations to ensure the safety and health

at work and the safety of operations, up to a period of 3 years.



(2) the authorities of the State Mining Authority may revoke a decision or other

the measures conferring the right to pursue the activities under this Act issued

the Organization, if the Organization roughly or repeatedly violates the provisions

to ensure the safety and occupational health or safety

operation, and up to a period of 3 years.



(3) the authority of the State Mining Authority can



and the manufacturer or distributor) requires the download of the explosive from the market in

If the explosive may compromise the safety of persons, animals or

the asset; in the case of unauthorized explosives marking symbol "CE" or

other designation shall follow the procedure laid down by a special Act ^ 20b),



(b)) requires the imposition of explosives in the warehouse of explosives or their

disposal,



(c)) to require controlled organizations supply

an adequate number of samples of explosives to assess the safety of these

products,



(d)) to ensure implementation of the sample analyses to verify quality and safety

products for the purposes of checks provided for in special legislation ^ 13e);

with regard to the explosive, which comply, shall be borne by

the cost of the analyses of the samples of the organization.



(4) in the cases referred to in paragraph 3 (b). a) and b) passes the authority of the State

Mining Authority which issued a decision under paragraph 3, the police of the Czech

the Republic, if not decided that explosives stored or disposed of.



§ 45a



(1) If this Act or the regulations issued by the top law to their

the implementation sets out requirements that do not report the requirements laid down

the relevant provisions of Community law, does not apply to these

the requirements for a product which has been manufactured or placed on the market in a

Member State of the European Union or Turkey, in accordance with their laws,

provisions, provided that this product ensures a level of protection

legitimate interest, to the extent appropriate, the achievement of watching this

by law, the top Act or regulations issued in implementation thereof ^ 20 c).



(2) if the competent authority of the State Mining Authority in proceedings under section 8

paragraph. 3 the technical device does not provide a level of protection equivalent

protect the tracks reached the top of the law this law or the regulations

issued in implementation thereof, shall decide on the refusal of requests for extradition

permission to use the underground, after



and the organization wishing to use) will be the technical equipment in the underground

informed in writing of the reasons for which the use of such technical

equipment in the underground,



(b)), the competent authority of the State Mining Administration on the basis of available

technical or scientific evidence has established that the predominant

reasons a legitimate interest and that less restrictive measures cannot be used,



(c) the organization wishing to use) equipment in the underground will be

granted a period of 20 working days to comment on the findings according to the

(a)), or (b)).



§ 46



cancelled



section 46a



(1) the Ministry of the Interior or the police of the Czech Republic provides Czech

a motion for the authority and the district mining authorities for the exercise of their competence



and from the base) a reference population register,



(b)) the data from the agendového information system of population register,



(c)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1. and) are



and) surname,



(b) the name or names),



(c)) date of birth,



(d) the address of the place of stay).



(3) Information Provided pursuant to paragraph 1. (b)) are



and the name or names), surname, maiden name,



(b)) date of birth,



(c) the address of the place of residence), including previous address space

permanent residence,




(d) the deprivation or restriction of eligibility) legal capacity.



(4) Information Provided pursuant to paragraph 1. (c)) are



and the name or names), surname, maiden name,



(b)) date of birth,



(c)) the type and address of the place of stay



d) number and valid permission to stay,



e) deprivation or restriction of legal capacity.



(5) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



§ 47



Transitional provisions



(1) a permit under this Act do not require



and the development, preparation and) mining of deposits, as well as ensuring

or liquidation of main mine workings and quarries would be implemented on the basis of plans

obvodními mining authorities approved before the entry into force of this

the law,



(b)) search and exploration of mining parts, as well as the security and

disposal of such works to be carried out on a project basis following consultations with the

obvodními mining authorities before the entry into force of this Act,



(c)) special interventions in the Earth's crust and work on securing and disposal

old mine workings started before the entry into force of this Act.



(2) if the organization started with mining bearings-

the mineral according to § 19 prior to the entry into force of this law, is obliged to

submit to the Office of the district mining plan use of bearings within six

months after the entry into force of this Act.



§ 48



Regulation (EEC)



Shall be deleted;



1. the law of the Czech National Council No. 24/1972 Coll. on the Organization and on the extension of

the supervision of the State Mining Administration, as amended by the Act of the Czech National Council.

50/1982 Coll.,



2. Decree of the President of the Central Mining Office No. 259/1957 Ú.l., which

shall be designated as the Statute of the State Mining Authority,



3. the Decree of the Central Mining Office, the Ministry of chemical industry

and the Department of General Engineering No 62/1965 Coll., on explosives.



§ 49



The effectiveness of the



This Act shall take effect on 1 January 2000. July 1988.



Annex



cancelled



Selected provisions of the novel



Article. (III) Act No. 313/2001 Coll.



Common provisions



1. If you take the legislation in the field of mining law the concept of worker,

This means an employee under a special law. ^ 1)



2. If the Organization pursuant to Act No. 61/1988 Coll., as amended

regulations, shall carry out the tasks arising from labor relations, performs tasks

by a special Act of the employer. ^ 1)



Article IV of Act No. 318/2001 Sb.



Transitional provisions



1. On explosives, explosive articles and equipment put into circulation before the date of

entry into force of this Act, in accordance with established legal

regulations shall be treated as explosives, explosive articles & tools

marketed in accordance with this Act.



2. the procedure for placing explosives, explosive objects and AIDS in circulation

initiated before the date of entry into force of this law shall be completed in accordance with

the existing legislation.



3. the decision on the authorisation to receive explosives issued prior to the date of acquisition

the effectiveness of this law shall be considered after the period for which it was issued,

authorization to transfer of explosives document issued under this Act.



Article. (IX) Act No. 296/2007 Sb.



Transitional provision



In the case of proceedings under Act No. 328/1991 Coll., on bankruptcy and settlement,

as amended, the effective date has been finally neskončeného

the effectiveness of this law, the obligation provided for in § 33 para. 3 to apply

on the receiver.



Article. (II) Act No. 376/2007 Sb.



Transitional provisions and repeals



1. If the organization do not meet on the date of entry into force of this Act

the conditions for the disposal of explosives laid down by Act No. 61/1988 Coll.

on mining activities, explosives and the State Mining Administration, as amended by

effective from the date of entry into force of this Act, are required to the

obligations to meet within 12 months from the date of entry into force of this Act.



2. the authorization issued by the Czech Mining Authority based on § 23 para. 2 of the Act

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

manage, in the version in force until the date of entry into force of this Act,

are to lapse on the expiry of 6 months from the date of entry into force of this

the law.



3. the existing authorisations under part III of Act No. 61/1988 Coll., on

mining activities, explosives and the State Mining Administration, as amended by

effective until the date of entry into force of this Act, applies to the time of the end of

their validity.



4. the Organization, which before the effective date of this Act with

plastic explosives, which does not contain a specified substance, detection

within 3 months from the effective date of this Act to ensure its

the kitchenette or destruction.



5. Decree No 307/2002 Coll., which will determine the scope of the circuits

the district mining offices, is hereby repealed.



Article. (VI) Law No 223/2009 Sb.



Transitional provision



The proceedings initiated before the date of entry into force of this law, and to this

the day the unfinished completes and the rights and obligations related to

assessed according to the existing legislation.



Article. (VI) Law No 204/2015 Sb.



paid



1) Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing

on the market and supervision of explosives for civil use.



Commission Directive 2004/57/EC on the definition of pyrotechnic articles and

certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the laws of the

relating to the placing on the market and supervision of explosives for civil

the use of the.



European Parliament and Council Directive 2005/36/EC of 6 May 1999. July

2005 on the recognition of professional qualifications.



1) labour code



1A) section 5 and 11 of Act No. 44/1988 Coll., on the protection and utilization of mineral resource

wealth (the top Act), as amended by Act No. 553/1991 Coll.



Act No. 62/1988 Coll., on geological works and about the Czech Geological

the Office, as amended by Act No. 553/1991 Coll.



Act No. 555/1992 Coll., on the prison service and judicial guard of the Czech

Republic, as amended.



1 d) Law No 289/2005 Coll. on Military Intelligence.



Act No. 154/1994 Coll., on the intelligence services of the Czech Republic, in the

as amended.



Act No. 154/1994 Coll., on the Security information service, as amended by

amended.



1F) Act No 156/2000, on the validation of firearms, ammunition and

pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire

weapons and ammunition (the Firearms Act), as amended by Act No.

13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by

amended, as amended.



1 g) Act No. 133/1985 Coll., on fire protection, as amended

regulations.



1 h) Act No. 119/2002 Coll., on firearms and ammunition, and amending

Act No. 155/2000 Coll., on the validation of firearms, ammunition and

pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire

weapons and ammunition (the Firearms Act), as amended by Act No.

13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by

amended, and Act No. 455/1991 Coll., on trades

business (Trade Act), as amended, (the Act on

weapons), as amended.



Act No 156/2000 Sb.



2) § 34 of the Mining Act.



2A) § 35 para. 1 of Act No. 44/1988 Coll., as amended.



3) § 35 of the Mining Act.



3A), for example, the labour code, Decree No. 22/1989 Coll., on safety and

occupational health and safety in mining activities and

When activities carried out using mining techniques in the underground, in the text of the

amended.



3B) for example, Act No. 174/1968 Coll., on State specialized supervision of

safety, as amended.



3 c) for example, Act No. 50/1976 Coll. on territorial planning and building

Code (the building Act), as amended.



3D) Act No. 62/1988 Coll., as amended.



Act No. 18/1997 Coll. on peaceful uses of nuclear energy and

ionizing radiation (the Atomic Act), and amending and supplementing certain

laws, as amended.



4) Act No. 62/1988 Coll., as amended by Act No. 553/1991 Coll.



4A) such as Decree No 298/2005 Coll. on technical requirements

qualifications and competence when mining activity or activities

by using mining techniques and on amendments to certain laws, as

amended by Decree No. 240/2006 Sb.



4B) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

some nationals of other States and on amendments to certain acts (the Act on

recognition of professional qualifications), as amended.



4 c) section 108 of the Act No. 561/2004 Coll. on pre-school, primary, secondary,

higher vocational and other education (the Education Act), as amended

regulations.




sections 89 and 90 of Act No. 111/1998 Coll., on universities and amending and

supplement other laws (law on higher education), as amended

regulations.



4 d), for example, Act No. 22/1997 Coll., on technical requirements for

products and amending and supplementing certain acts, as amended

regulations.



5) § 32 and 33 of Act No. 50/1976 Sb.



5A) section 19 of Act No. 239/2000 Coll., on the integrated rescue system and about the

amendments to certain laws.



6) Act No. 20/1966 Coll.



6) DIN 66 8001 Nomenclature of explosives.



6a) section 12 of Act No. 22/1997 Coll., on technical requirements for products and

amending and supplementing certain acts, as amended by law No 71/2000 Sb.



6B) § 6 para. 1 of Act No. 20/1966 Coll., on the health care of the people, as amended by

amended.



Directive of the Ministry of health no. 49/1967, Journal of the Ministry of

Health on the assessment of medical fitness to work (registered

in the amount of 2/1968 Coll.), as amended.



6 c) Act No. 86/2002 Coll., on the protection of air and amending certain other

laws (law on the protection of the atmosphere).



7) § 32 of the Mining Act.



8) DIN 26 9020 warehousing of explosives and products containing explosives.



CSN 66 8002 výbušinářských Operation of laboratories, test facilities, and firing ranges.



On the establishment of factories, 73 5721 laboratories and testing of explosives or

products containing explosives.



8A) § 31 para. 6 and article 37a of the Act No. 44/1988 Coll., on the protection and use of

mineral wealth (the top Act), as amended by Act of the Czech National Council

No 541/1991 Coll. and Czech National Council Act No. 10/1993.



8B) § 31 para. 6 of Act No. 44/1988 Coll., as amended.



8 c) § 149 paragraph. 1 Act No. 500/2004 Coll., the administrative code.



9) Act No. 200/1990 Coll. on offences.



10) section 39 of the Mining Act.



11) Eg. Law No 169/1949 Coll. on military újezdech, law No.

40/1961 Coll., on defense of the Czechoslovak Socialist Republic, as amended by

amended.



12) commercial code. The civil code.



13A) European Agreement concerning the international carriage of dangerous goods

(ADR), the renowned under no. 64/1987 Coll., as amended.



13B) for example, the European Agreement concerning the international carriage of

of dangerous goods by road (ADR), of Council Regulation (EEC) No 2913/92 establishing the

the Community customs code, as amended.



13 c) Convention on the marking of plastic explosives for the purpose of detection,

renowned as no. 6/2003 Coll.



13D) § 52 para. 1 of Act No. 455/1991 Coll., on trades

(Trade Act), as amended.



Act No. 22/1997 Coll.



Government Decree No. 358/2001 Coll., laying down technical requirements

on explosives for civil use in their marketing, as amended by

Government Regulation No 416/2003 Coll.



13F) Article. 5 of Council Regulation (EEC) No 2913/92 establishing the Community customs code

The community, as amended.



13 g) Act No. 153/1994 Coll.



14) Act No. 68/1979 Coll. on road transport and the national

forwarding, as amended by Act No. 49/1982 Coll.



Decree of the Federal Ministry of transport, no 122/1979 Coll., which

carries out the law on road transport and national transport.



Decree of the Ministry of transport no. 127/1964 Coll., on urban transport

the order, as amended.



Decree of the Ministry of transport no. 132/1964 Coll., on railway transport

the order, as amended.



Decree of the Ministry of transport no. 133/1964 Coll., on road transport

the order, as amended.



Decree of the Ministry of transport no. 134/1964 Coll., on transportation water

transport, as amended.



Decree of the Ministry of transport no. 17/1966 Coll., on air transport

of procedure, as amended by Decree No. 15/1971 Sb.



Decree of the Federal Ministry of transport no. 3/1977 Col., on the transport

the order of cableway installations, as amended by Decree No. 35/1985 Coll.



Return of Central Government connections, establishing the Postal order.



15) Eg. ČSN 26 9021, the internal transport of explosives and products

containing explosives.



17) § 32 to 42 of Act No 50/1976 Sb.



18) § § 54 to 70 and 76 to 85 of Act No. 50/1976 Sb.



18A) § 21 of Act No. 48/1997 Coll., on public health insurance, and about

amendments to some related laws, as amended

regulations.



18A) Law No 373/2007 Coll., on specific health services.



18B) Law No. 372/2007 Coll., on health services and conditions of their

provision (law on health services).



18 c) for example, Act No. 412/2005 Coll., on the protection of classified information and

about security, as amended, law No.

513/1991 Coll., the commercial code, as amended, law No.

101/2000 Coll., on the protection of personal data and on amendments to certain laws, as

as amended.



18 d) section 143 of the Act No. 500/2004 Coll., the administrative code, as amended

regulations.



18e) section 22 of Act No. 344/1992 Coll., on the real estate of the Czech

Republic (Act), as amended.



18F) section 18 and 19 of law No. 22/1997 Coll., as amended by law No 71/2000 Sb.



18 g) Act No. 258/2000 Coll., on the protection of public health and amending

some related laws, as amended by Act No. 254/2001 Coll.



18 h) directive of the European Parliament and Council Directive 94/22/EC of 30 March 2004. may

1994 on the conditions for granting and using authorizations for the survey,

the search and extraction of hydrocarbons.



18i), article 7 of Decree No. 617/1992 Coll., on details of the remittance of payment

mining areas and from seized reserved minerals.



18J) Act No. 266/1994 Coll., on criminal records, as amended

regulations.



18 l) § 1 (1). 4 of Act No. 337/1992 Coll., as amended.



18 m) section 3 of the Act No. 219/2000 Coll., on the Czech Republic and its assets

in legal relations.



19) the Labour Code No. 65/1965 Coll., as amended.

Regulation of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC No 54/1975 Coll., implementing the labour code, in the

as amended.



20) § 2 (2). 2 of the commercial code.



20b) section 18 of Act No. 22/1997 Coll., as amended by Act No. 228/2003 Coll.



20 c) for example, Decree No. 12/1994 Coll., laying down the requirements for the

insulating protective devices with chemically bound with oxygen, Decree

No 74/2002 Coll. on selected electric devices, Decree No.

293/2003 Coll., on detailed conditions and properties of explosives intended

for use in hazardous conditions or in risk environment and the

checking the properties of these explosives, Decree No 415/2003 Coll.

laying down the conditions to ensure the safety and health at

work and safety operation in the vertical transport and walking.



20 d) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



20e) § 1 of the law No. 133/2000 Coll., as amended by Act No. 53/2004 Sb.



20f) Act No. 40/1993 Coll. on acquisition and loss of citizenship

The Czech Republic, as amended.



21) § 23 para. 3 of Act No. 44/1988 Coll.



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 supervision of water

parts.



23) Law No. 206/2015 Coll., on pyrotechnic articles and the treatment

them and on amendments to certain acts (the Act on the Fireworks).