Mining Act

Original Language Title: horní zákon

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37630&nr=44~2F1988~20Sb.&ft=txt

44/1988.


LAW
Of 19 April 1988 on the protection and utilization of mineral resources

(Mining Act)

Change: 541/1991 Coll.

Change: 10/1993 Coll.

Change: 168/1993 Coll.

Change: 168/1993 Coll. (Part)

Change: 366/2000 Coll.

Change: 132/2000 Coll., 258/2000 Coll.

Change: 315/2001 Coll.

Change: 61/2002 Coll.

Change: 320/2002 Coll.

Change: 150/2003 Coll.

Change: 3/2005 Coll.

Change: 386/2005 Coll.

Change: 313/2006 Coll.

Change: 186/2006 Coll.

Change: 296/2007 Coll.

Change: 157/2009 Coll.

Change: 227/2009 Coll.

Change: 281/2009 Coll.

Change: 85/2012 Coll.

Change: 350/2012 Coll.

Change: 498/2012 Coll.

Change: 257/2013 Coll.

Federal Assembly of the Czechoslovak Socialist Republic has passed this Act
:
PART ONE

Basic provisions


§ 1
Introductory provisions


The purpose of this Act is to establish principles for the protection and rational utilization of mineral resources
, particularly in prospecting and exploration
otvírce, preparation and extraction of mineral deposits, modifying and upgrading
minerals in connection with their extraction,
as well as safety and environmental protection in these
activities. This Act incorporates the applicable regulations of the European Union
^ 22).

§ 2
Minerals


(1) to be minerals under this Act shall be construed solid, liquid and gaseous
part of the earth's crust.

(2) to be minerals under this Act shall not

A) water with the exception of mineralized waters from which they can obtain industrially
reserved minerals,

B) natural medicinal waters and natural mineral waters, although
of them can acquire industrial reserved minerals, also medicinal muds and other products
natural medicinal resources,

C) peat

D) mud, sand, gravel and boulders in the watercourse channels if
contain reserved minerals in retrievable quantities

E) of the cultural layer of soil, which is the natural environment for vegetation.

§ 3

Classification of minerals as reserved and unreserved

(1) Dedicated minerals are

) Radioactive minerals,

B) all kinds of oil and combustible gas (hydrocarbons)
all kinds of coal and bituminous rocks

C) the minerals from which it is possible to industrially produce metals

D) magnesite

E) minerals from which it is possible to industrially produce phosphorus, sulfur and fluorine
or their compounds,

F) rock salt, potassium, boron, bromine and iodine salts,

G) graphite, barite, asbestos, mica, talc, diatomaceous earth, glass and foundry sand
, mineral pigments, bentonite,

H) minerals from which it is possible to industrially produce the rare earth elements and
elements with semiconductor properties,

I) granite, granodiorite, diorite, gabbro, diabase, serpentine, dolomite and limestone
when quarrying and polishing, and travertine

J) technically utilizable mineral crystals and precious stones,

K) halloysite, kaolin, ceramic and refractory clay and claystone, gypsum, anhydrite
, feldspar, perlite and zeolite

L) quartz, quartzite, limestone, dolomite, marl, basalt, phonolite, trachyte
if these minerals are suitable for chemical and technological processing or smelting
,

M) mineralized water from which they can obtain reserved
industrial minerals,

N) of technically recoverable natural gas, if not among the gases
mentioned under b).

(2) Other non-reserved minerals are minerals.

(3) In case of doubt whether a mineral is reserved and non-reserved
decided by the Ministry of Industry and Trade in agreement with
Ministry of Environment of the Czech Republic.

§ 4

Bearing minerals

Mineral deposits under this Act (hereinafter the "deposit")
is a natural accumulation of minerals, as well as airing in the underground mine, abandoned dump, a dump or tailings pond
produced by mining activities ^ 1) and contain | || minerals.

§ 5
Mineral wealth


(1) Mineral resources under this Act consist of deposits of reserved minerals
(hereinafter "reserved deposits").

(2) Mineral resources in the Czech Republic are owned
Czech Republic.

§ 5a


Organization
Legal and natural persons in the course of business ^ 2) at
fulfill the conditions laid down by the legislation perform searches,

Exploration or extraction of reserve deposits or other mining activities are considered
organization under this Act.

§ 6

Exclusive bearing

(1) If a reserved mineral in quantity and quality, enabling
reasonably expect its accumulation, Ministry of the Environment will issue
environment certificate on the exclusive deposit.

(2) Certificates of deposit sends exclusive
Ministry of Environment Ministry of Industry and Trade, the regional authority
Subdistrict Mining Office, the planning, building office and
organization for which the search was carried out or
exclusive exploration bearings. ^ 3)

§ 7

Bearing minerals unreserved

Bearing non-reserved mineral is part of the land.
PART TWO


Obligations organizations in the use of the reserve deposit

§ 8
Heading left


If it is not the sole focus after completion of prospecting and exploration
mined, will ensure the protection and registration of a legal entity, which it entrusts
Ministry of Environment (§ 17 para. 2).

§ 9


Canceled
§ 10
Heading left


(1) The organization shall

A) propose the establishment, amendment, or repeal of a protected deposit
territory

B) keep mine surveying and geological documentation,

C) to record the status of the reserves occur and changes

D) timely tackle conflicts of interests in the determination of a claim and when
planned otvírce, preparation and mining of the exclusive deposit, particularly
to limit negative impacts on the environment,

E) propose the establishment, alteration or cancellation of the mining area

F) record recovery and pollution during mining of the exclusive deposit and
results achieved during the treatment and refining of minerals in
connection with their extraction,

G) ensure protection of the reserve deposit

H) to fulfill other obligations stipulated by this Act and other generally binding regulations
.

(2) The obligations in paragraph 1. a) to c) and point. g) in deposits with an undetermined
mining area also provides
Czech Geological Service. ^ 3)
PART THREE


Bearing exploration and management of stocks of reserve deposits

§ 11

Search and exploration of reserve deposits

(1) Prospecting and exploration of reserved mineral deposits and exclusive
non-reserved minerals can be made only in the exploratory
territory, which is determined by special legislation. ^ 3)

(2) During the prospecting and exploration of reserve deposits are obliged
organization for the protection and rational utilization of mineral resources

A) verify the reserve deposit in order to detect and assess all
useful minerals and their domestic constituents,

B) examine the development and deposit conditions of the reserve deposit so that
construction of mines and quarries, opening, preparation and mining of the exclusive deposit
be planned and implemented according to the principles of mining technology and to ensure efficient
utilization of the reserves occur,

C) use such methods and procedures to prevent disabling or hindering recovery
exclusive deposit or its part and unjustified
loss reserves occur,

D) determine the information needed to assess the possible impacts of
exclusive deposit on other deposits, water and other natural resources on
environment and other legally protected general interests

E) upon interruption of the prospecting or exploration implement measures to ensure the preservation of mine works
a complication of further exploration and utilization
exclusive deposit.

(3) organization is entitled to dispose of minerals obtained during
prospecting and exploration of reserve deposits to the extent and under the conditions laid down in
permit issued pursuant to special regulations. ^ 3)

(4) Organization, which determine areas for prospecting and exploration of the exclusive deposit
pay an annual fee from the territory under special regulations
. ^ 3)

(5) Implementation of geological work special regulations. ^ 3)

(6) The Ministry of the Environment, after consultation with the Ministry
Industry and Trade and the Czech Mining Office specifying
generally binding legal regulation process to search for and exploration of reserved

Bearing in terms of protection and rational utilization of mineral resources.

§ 12

Notification of a natural accumulation of a reserve mineral

Who discovers, outside permitted prospecting (§ 11)
a natural accumulation of a reserve mineral is obliged to immediately notify the Ministry
Environment and Ministry of Industry and Trade.

§ 13

Reserves in the deposit and the conditions of its applicability

(1) Inventory reserved deposit are determined and verified quantities
reserved mineral deposit or part thereof, corresponding to the conditions
exploitability regardless of losses incurred during its conquest.

(2) The calculation of the reserves occur, the conditions
utilization of inventories. Terms of utilization of inventories are set
indicators of quantity and quality of minerals, geology, mining, technical
environmental and other indicators used to assess the suitability of reserves
exclusive deposit for exploitation.

§ 14

Classification reserved deposits, examining and approving the calculation of reserved deposits


(1) The results of prospecting and exploration of the exclusive deposit can be evaluated.
This evaluation is the calculation of reserves, which ensures the organization.

(2) reserves occur in the calculation of reserves are classified

A) according to the degree of exploration of the exclusive deposit and knowledge of its
deposition conditions or its parts, quality and technological properties
minerals and mining technical conditions in the prospected reserves and reserves
explored. If it contains exclusive deposit contains several utilizable components
their reserves are classified by level of their
exploration and knowledge

B) under the terms of usability for inventory balance, which is
currently exploitable and comply with current technical and economic conditions
utilization of the reserve deposit and potentially economic reserves, which are currently
unusable because they conform to current
technical and economic conditions of usage, but they are believed to be useful in the future
with respect to the expected technological and economic development

C) by the possibility of extraction, which is subject
mining technology, operational safety and established protective pillars, the free and bound
. Blocked reserves are in protective pillars of surface and underground
buildings, equipment and mine workings, as well as the pillars
provided to ensure safety and protection of legally protected interests
. Other reserves are free.

In calculating the reserves, which included a proposal for a mining permit
(§ 24 par. 1), indicating the organization reserves which it plans to
extraction (hereinafter referred to as "extractable reserves").
Extractable reserves are exploitable reserves reduced by the value of the anticipated mining losses
associated with the selected mining technology or with the effect of natural
conditions.

(3) The calculation of the reserves in the deposit and its assessment provides
organization. Calculation of reserves occur with the assessment sends
organizations Ministry of Environment, Ministry of Industry and Trade and
District Mining Authority.

(4) The classification of inventory and the procedure for calculating reserved deposit reserves and calculating
requirements detail the Ministry of Environment
generally binding regulations.

§ 14a

Depreciation of reserved deposits

(1) Depreciation of reserved deposits means exempting them from registration
stocks or their transfer from reserves to balance reserves potentially economic.

(2) Inventories exclusive deposit can be written off

A) for reasons of particularly complicated technical mining, safety or
geological conditions related to natural conditions or
incurred unforeseen events

B) in the case of supplies of reserve deposit
extraction is not economically expedient

C) in the case of reserves whose extraction would threaten legally protected
general interests, in particular the protection of the environment and the importance of protecting
exceeds the interest in the extraction of the relevant stocks.

(3) balance reserves of the exclusive deposit can be written off unless
precondition for their use in the future.

(4) The reason to write off the reserves are not deposits
changes in inventories caused

A) adding to refine existing knowledge about the development of the bearing and its

Inventory survey and identified new knowledge opening, preparation and extraction
; demonstrate the geological documents (§ 39)

B) conquest of stocks; demonstrated by the geological documentation and registration
mining

C) mining losses, which include coal reserves in
mined part of the deposit, and not written off and minerals disposed
tailings to dump or dump; demonstrated by the geological documentation and records
mining

D) reassessment of reserves on new terms of usability, the new
approved calculations of reserves or freeing or blocking stocks;
Demonstrated by the establishment of new conditions for the use of the appropriate
reassessment of reserves or the approval of a new calculation of the reserves or
decision on the binding or release inventory

E) a transfer or takeover of a deposit; They show a certificate of transfer
exclusive deposit or part thereof.

§ 14b

Proposal to amortize reserves occur

(1) If an organization processing building documentation
mine or quarry plan for opening, preparation and mining of the exclusive deposit, the plan
securing mines and quarries or liquidation of the main workings and quarries
, ^ 4) as well as in their implementation, it is not possible or practical
extract reserves of the reasons specified in § 14a paragraph. 2, the petition for their
depreciation.

(2) The proposal to amortize reserves occur also served
relevant government authorities in the field of environment.
Completeness proposal to amortize reserves the exclusive deposit ensures the organization.

(3) A proposal to amortize reserves the exclusive deposit contains

A) the name and address of the organization

B) the volume of economic and potentially economic reserves proposed for amortization according
reserve blocks and categories, their qualitative characteristics and a proposal
whether they should be removed from the reserve records or exploitable reserves are to be converted into reserves
potentially economic,

C) the reasons for which reserves are proposed for depreciation,

D) maps and cross sections with clearly marked parts of the deposit, where the
proposed to write off inventory, in quadruplicate,

E) other graphical and written documents concerning the deposit and reserves proposed for amortization
needed for a more detailed explanation of the proposal,

F) the opinion of the District Mining Authority and the Ministry of Environment
environment.

§ 14c

The decision to write off the reserves occur

(1) A proposal to amortize reserves occur during decides
prospecting and exploration of the exclusive deposit
Ministry of Industry and Trade with the approval of the Ministry of Environment of the Czech Republic;
During the planning and construction of mines and quarries in the extraction of the reserve deposit
decided to write off the Ministry of Industry and Trade
after consultation with the Czech Mining Office.

(2) A proposal to write off a small amount of the reserves occur
Regional Mining Office decides. A small amount of inventory means the quantity
reserves exceeding in any calendar year total of 5% of the planned annual
mining at the deposit, but no more than in each case 100,000 tons or 50
000 m3 of natural gas and 500,000 cubic meters.

(3) The decision to write off the reserves deposit contains

A) the amount of depreciated stocks, their location and a brief justification
depreciation

B) deciding whether depreciating stocks are removed from the records of stocks or
that are transferred from reserves to balance potentially economic,

C) measures for the protection of reserves transferred from reserves to balance
potentially economic, with a view to their possible future use.

(4) A proposal to amortize reserves occur decide
authorities referred to in paragraphs 1 and 2 within one month from the date of submission of the proposal.

(5) The decision to write off the reserves deposit with one embodiment
documents mentioned in § 14b sent by the Ministry of Industry and Trade
petitioner and the District Mining Authority. The decision to write off
exclusive deposit without documents mentioned in § 14b
sent by the Ministry of Industry and Trade Ministry of the Environment, the regional office and
Czech Geological Survey. The decision to write off a small quantity of
sends District Mining Authority to the Ministry of Industry and Trade,
Ministry of Environment and the Czech Geological Survey. Approved
depreciation reserves occur petitioner indicated in mine surveying and geological documentation
.


(6) organization, which suggests depreciation reserves occur, not
dispose of necessary technical equipment to pry
reserves proposed for amortization and revoke access to them until it has received the decision of depreciation, with the exception of cases
when required by operational safety and health at work
.
PART FOUR


Protection of mineral resources

§ 15

Security protection of mineral resources when planning activities

(1) To ensure timely protection of mineral resources, the authorities
spatial planning ^ 6) processors and zoning documentation
required when planning activities based on the documents found on
and anticipated reserve deposits provided to them by the Ministry
environment of the Czech Republic; in doing so, in accordance with special regulations
^ 5) and are obliged to propose a solution that is in terms
protection and utilization of mineral resources and other legally protected
general interests.

(2) The Ministry of Environment, Ministry of Industry and Trade and the Czech Mining Office
submit views on regional development policy and spatial development
principles for the protection and exploitation of mineral wealth
. Ministry of Environment, Ministry of Industry and Trade and
district mining authorities applied opinions on zoning plans and regulatory plans
to the conservation and utilization of mineral resources.

§ 16

Protected deposit area

(1) The protection of reserved deposit against prevention or obstruction of its
extraction is ensured by establishing a protected deposit area.

(2) A protected deposit area includes the area where the buildings and
equipment not connected with mining of the exclusive deposit could
prevent or obstruct extraction of the reserve deposit.

(3) To reserve mineral bearing down
protected deposit area in prospecting or exploration period after the issuance of the certificate of exclusive
bearing (§ 6).

(4) The authority, which provided the protected deposit area
sends the necessary documents for land registration relevant Land Registry.

§ 17

Determination of the protected deposit area

(1) A protected deposit area stipulated by the Ministry of the Environment
after consultation with the regional authority with delegated competence Czech Republic
decision issued in conjunction with the Ministry of Industry and Trade
Czech Republic, the district mining office and after agreement
with the territorial planning and building authorities.

(2) Proceedings on the establishment of a protected deposit area starts on a proposal
organizations or on the initiative of government authority.
Proposal shall be accompanied by a certificate of deposit and exclusive proposal for the boundaries of the protected deposit area
.

(3) the parties about the establishment of a protected deposit area is only
petitioner. Initiation of proceedings shall notify the Ministry of the Environment
Czech Republic, state institutions, the authority
Spatial Planning and Construction Authority. The Ministry of Environment of the Czech Republic
order an oral hearing if necessary associated with a local inquiry
and simultaneously notifies you that the opinions of these bodies of state administration and
comments and proposals of the participants may apply
after the oral hearing or Ministry of environment of the Czech Republic, they may disregard
. If any of these government bodies
needs to properly assess a longer time
Ministry of Environment of the Czech Republic, at his request before the deadline set
period accordingly.

(4) The procedure for establishment of a protected deposit area assess
Ministry of Environment of the Czech Republic, the design and documentation of
terms of requirements for the protection of the reserve deposit and protect the position
government authorities referred to in paragraph 3 and assess
comments and proposals of the participants.

(5) The boundaries of the protected deposit area is indicated in the zoning
documentation.

(6) The Ministry of Environment of the Czech Republic, after consultation with
regional authority within its delegated powers abolish a protected deposit area
if there are no grounds of protection of the exclusive deposit.

(7) Paragraphs 1 to 5 shall apply mutatis mutandis to change and cancel
protected deposit area.


(8) Details of setting, amending and repealing
protected deposit area and its records set by a generally binding legal regulation
Ministry of Environment of the Czech Republic.

§ 18

Limiting certain activities in the protected deposit area

(1) In order to protect mineral resources can be protected deposit area
establish buildings and equipment that is not connected with extraction
exclusive deposit, only to the binding opinion ^ 8)
concerned authority under this Act .

(2) If it is necessary to legally protected general interest put
building or facility is not related to the mining of the exclusive deposit in
protected deposit area, care must be taken to interfere as little as possible
utilization of mineral resources. Prevent or obstruct the extraction of reserve
mineral deposits in § 3 para. 1 point. a) to d) is possible only in
particularly justified cases, if it is a particularly important building or
device or if the building or facility hard or impossible
extraction of only a small amount of the reserves occur.

(3) The protected area for special interventions into the earth's crust
set for the storage of carbon dioxide can not authorize activities that would lead to the disruption of tightness
storage of carbon dioxide.

§ 19

The placement of buildings and facilities in protected deposit area

(1) The decision on the location of buildings and facilities in protected deposit
territory, not connected with extraction, may be issued by the competent authority
special legal regulations 10) only to the binding opinion ^ 8)
regional authority within its delegated powers, issued after consultation with the District Mining authority
, which outlines conditions for the location, design or
buildings or facilities.

(2) An applicant for a decision on the location of buildings or equipment
protected deposit area, not connected with extraction, demonstrate request
binding opinion pursuant to paragraph 1
PART FIVE

Heading left


Waste land

§ 20
Heading left


(1) an entity which was established mining area, located
on land owned by the state, has a right to make him an administrative office
legal person or an organizational unit that such plots | || it manages or has under management reached an agreement to lease land for a period
anticipated mining of the deposit and purchase agreement for the sale of land
. The request contains data specifying the land according to the cadastre of real estate
addressed administrative authority, legal entity or its
organizational unit, which manages the land and manages it, and
documented confirmation of the Czech Mining Office, the applicant was set
mining claim must be filed within 60 days from the effective
decision on establishing a mining area. Czech Mining Office issued confirmation
land in the mining area, which will only
subsurface mining, if desired site can not be threatened by mining activities
. Furthermore, the application must be accompanied by agreement of the village, on
cadastral area where the land is situated.

(2) The body which has been granted permission for mining activities
has priority over other applicants for the lease or sale of land in
state ownership, which is located in a specified
protected deposit area. The request contains data specifying the land according to the cadastre of real estate
addressed administrative authority, legal person or organizational unit
that such plots it manages or administers
and documented confirmation of the Ministry of Environment, in which they must
It is noted that the applicant has established a protected deposit
territory must be filed no later than the submission of the proposal to establish
mining area. Furthermore, the application must be accompanied by an affirmative opinion
municipality in whose cadastral area the land is situated.

(3) In the event of sale under paragraphs 1 and 2 of the land is transferred at a price
which is given place and time.

§ 21


Canceled
§ 22


Canceled PART SIX


Construction of mines and quarries

§ 23

Design, construction and reconstruction of mines and quarries

(1) The design, construction or reconstruction of mines and quarries
including spoil, spoil heaps and tailings are subject to general regulations on

Capital construction, unless stipulated otherwise.

(2) Documentation of the buildings referred to in paragraph 1 shall
addition to the requirements laid down general regulations provide

A) efficient use of reserved deposits,

B) the optimal location of surface and underground facilities, buildings and
workings and use the most suitable mining methods

C) depositing and storage of extracted and temporarily unused minerals and waste storage
(dumps, heaps and tailings ponds)

D) protect against destruction or spoilage of reserves in neighboring reserved
bearing

E) the operational safety and occupational safety and health, ensuring
workings, ventilation, pumping and discharging mine water
protection against explosions, water breakout, fires and shocks, as well as against water burst
rock, coal and gas

F) limit the negative effects on the environment,

G) a comprehensive solution to the land affected by mining activities, especially
solutions relations with other sectors of the national economy, the real estate owners
a legally protected public interests? 5), not only in terms of direct consequences
upcoming investment construction, but also
term outcomes associated with the use of the reserve deposit, indicating
buildings and equipment, for which it will be planned compensation

H) clarification of the reserves occur needy survey.

(3) mine works and mine structures under the surface allows the authority of the state mining
Administration.

(4) In the mining area of ​​the District Mining Authority also decides the location and building permits
to serve otvírce, preparation and extraction
reserve deposits, as well as treatment and refining of minerals carried out in connection with
their extraction and storage of explosives, with the exception of buildings
belonging to the Ministry of industry and trade ^ 26)
buildings and waterworks. The authority of the State Mining Authority authorizes and kolauduje also the construction of storage places
^ 16), unless the tailings pond.

(5) Mining works and structures referred to in paragraphs 3 and 4 allowed
authority of the State Mining Administration of the Republic usually within the permit for the opening,
preparation and mining of the exclusive deposit. ^ 12)

(6) Permits for storehouses for explosives and their use
governed by special regulations. ^ 12)

(7) Mining and construction work referred to in paragraphs 3 and 4, as well as building warehouses
explosives are ineligible for consideration
authorized inspector.

(8) The Building Authority to draft the organization provides protection zone
destroyed main mine workings opening out onto the surface.
PART SEVEN


Mining exclusive deposits

§ 24

Permission to mine the reserved deposit

(1) The organization approval to mine the reserved deposit originates in the mining lease
. Commence mining of the exclusive deposit in the extraction area
specified but may organization only after obtaining permission
District Mining Authority. ^ 4) However, if an organization simultaneously
request for determination of a lease plan for opening, preparation and
mining of the exclusive deposit and proof of settlement of conflict of interest,
and fulfill the other conditions prescribed by law, combined
District mining Office administrative proceedings for the determination of a claim to an administrative proceeding
a mining permit under a special legal
prescription. ^ 12a)

(2) The application for determination of a claim must be
organization prior approval of the Ministry of the Environment issued
after consultation with the Ministry of Industry and Trade. Prior consent of the Ministry of the Environment
subject to compliance with the conditions relating to
uniform raw material policy of the Czech Republic and
return funds spent from the state budget
search and exploration of reserve deposits. These conditions shall be included in the decision
determination of a claim.

(3) Priority for obtaining prior consent for the mining area has
organization, for which a survey was conducted exclusive
bearings, it is contracting. If the contracting authority does not apply a preferential claim,
may be preferred to exercise an organization that is on the exploration of the exclusive deposit
contributed financially. The priority claim may apply
organization soon after the approval of the calculation of the reserves
bearing (§ 14 para. 3), but not later than one year after termination

Validity of the decision on establishment of exploratory areas for prospecting and exploration
exclusive deposit, and at the Ministry of the Environment.

(4) In other cases, the Ministry of Environment decides
prior consent on the basis of an assessment of proposals
between two or more candidates for the determination of a claim, with
regard to the proposal ensures better utilization of the reserve deposit and
protection of legally protected general interests.

(5) In cases not covered by paragraph 3 and which relate solely
deposits of petroleum and natural gas, decides to grant
prior consent for the mining area
Ministry of the Environment pursuant to paragraphs 6 to 9

(6) Receiving requests for prior approval to establish
mining area for mining of deposits of petroleum and natural gas
notify the Ministry of the Environment in the Official Journal of the European Union (
referred to as "Official Journal") . The notice shall specify the period within which it is possible
submit a competing application. This period shall not be less than 90 days and
begin on the day after the date of publication of the notice in the Official Journal.
The administrative procedure is initiated on the day following the expiry
established under this paragraph.

(7) In the notification, the Ministry of Environment, the indication
legal provision under which leads the administrative proceedings
prior approval for the mining area, an area which is subject
application for prior consent to
determination of a claim and the proposed duration of prior consent.

(8) If two or more applications for prior consent to
establishing a mining lease for mining of oil or
combustible gas, the Ministry of Environment
according to the criteria set out in paragraph 4, taking into account
well as to their technical and financial capacity.

(9) The decision to grant prior approval for the mining
space for the mining of petroleum and natural gas
conditions can be determined because

A) ensuring national defense,

B) ensuring public order,

C) the protection of public health,

D) ensure transport safety,

E) environmental protection, including the protection of natural resources,

F) protection of the interests of state monument care-12b)
or protection of archaeological heritage, @ 12c)

G) security equipment or staff

H) the protection of deposits of petroleum and natural gas and their
rational use,

I) ensuring public revenues and return of funds spent on geological
works paid from the state budget.

(10) The organization is entitled to dispose of extracted minerals
extent and under the conditions laid down in the decision on establishing a mining area.

(11) If the organization that originated permission to mine the reserved
deposit referred to in paragraph 1, requests within three years since the establishment of the authority
District Mining Authority for a mining permit may
District Mining Authority decide that the organization privileges revoked.

§ 25


Mining area
(1) mining lease is based on survey results
bearing the extent, shape and thickness of the reserve deposit
with respect to its reserves and deposit conditions so that the deposit can be economically mined by
. When the determination of a claim based on a set
protected deposit area and must take account of the conquest
neighboring deposits and extraction impacts.

(2) The mining may include one or more reserved deposits
or if the extent of the deposit appropriate, only part of the sole
bearing.

(3) mining lease is for mining of the exclusive deposit
certain mineral or group of minerals. At the same time provides that
minerals exclusive deposit will be temporarily stored. If separate
conquering other mineral or group of minerals other organizations
rational, provides for the extraction, mining
special space.

(4) The authority which established mining area, send the necessary documents for land registration
relevant Land Registry.

§ 26
The boundaries of the mining area



(1) The boundaries of the mining area to the surface down
closed geometrical figure with straight sides whose vertices are determined
coordinates given in the current coordinate system.
Its spatial boundaries under the surface is usually determined vertical planes passing through the surface boundaries
. Occasionally these spatial boundaries
may be defined by natural boundaries. The mining area can be defined
and depth.

(2) The District Mining Authority may order that the boundaries of the mining area
were marked by boundary markers on the surface or in the mine
works, especially if it is necessary in the public interest protected by law or || | the protected interests of the owners (managers, users) of immovable
located within the boundaries of the mining area, or from the standpoint of the interests
organizations whose mining areas adjacent to it.

(3) The boundaries of established mining area indicate spatial
planning authority within the planning documentation. ^ 7)

§ 27

Determination, changes and cancellations mining area

(1) mining area and its amendments provide the District Mining Authority in
cooperation with the relevant authorities.

(2) In determining the special mining lease (§ 25 par. 3) must be
proposal for its determination documented expression of the organization for which
already been established mining area. If it is economical in terms
use, environmental impacts and operational safety, provides
District Mining Authority necessary measures, in particular the sequence and method of extraction
reserve deposits.

(3) The decision on establishing a mining lease shall also contain the date of commencement of mining
exclusive deposit. The validity of the determination
mining area is not limited, unless the decision
otherwise specified.

(4) The District Mining Authority may in accordance with paragraph 1 to the proposal
organization or on its own initiative to change the mining area, where
for important reasons of legally protected general interests.

(5) If the proposal for the establishment or revision of the mining area
affects the interests protected by special regulations, ^ 5)
discuss the organization, which has the exclusive deposit conquer the conditions under
mining area with bodies and natural or legal persons who
responsible for safeguarding those interests, in accordance with these regulations. These
authorities, natural and legal persons are obliged their comments
requirements and standpoints within one month to the organization of
fixing or alteration of the mining area requested.

(6) Determination and amendment of the mining area is the decision to change
land use within the scope of the relevant surface. ^ 6)

(7) An organization may contract to convert the mining area to another
organization with the prior consent of the District Mining Authority; provision
§ 24 paragraph. 11 of the three-year deadline for applying for a mining permit
apply accordingly. Converting the mining area, accompanied by a copy of the contract
notify the transferring organization of the District Mining Office.

(8) The District Mining Authority in accordance with paragraph 1
mining area to the proposal by the organization or on its own initiative canceled if the mining
exclusive deposit ended or been permanently discontinued.

(9) Details of the draft mining areas and procedures for the determination of
, changes, cancellations and records set by the Czech Mining Office
generally binding regulations.

§ 28

Procedure for determining changes and cancellations mining area

(1) Proceedings of the determination, modification and cancellation of the mining area (hereinafter
"procedure for determination of a claim") was initiated at the request
organizations or on the initiative of the District Mining Authority. The proposal demonstrates:

A) decision on the establishment of a protected deposit area,

B) the prior approval of the Ministry of the Environment issued by
§ 24 paragraph. 2

C) evidence that the organization may carry out mining operations,

D) papers and documents prescribed regulations implementing this
Act, or special regulations. ^ 5) The District Mining Authority
may provide that the application shall be accompanied other documents necessary for reliable
assessment of the proposal, particularly for the protection and rational utilization
exclusive deposit, the consequences of its extraction, and of the impact
on legally protected general interests


E) a list of individuals and legal entities that come into consideration as
parties and are known to the petitioner,

F) for reserve deposits also permit applications for opening, preparation and extraction
if an organization requests simultaneously establishing a mining
space and a mining permit.

(2) The parties to proceedings on the mining area petitioner,
natural and legal persons whose ownership rights and other rights to
land or buildings may be a decision on establishing a mining
area directly affected and community in whose territorial jurisdiction the mining
is located.

(3) The District Mining Authority announce the initiation of proceedings on establishing a mining area
state institutions and to all known interested parties
later than 7 days before the hearing and order an oral hearing
usually associated with a local inquiry. At the same time remind participants that their
comments and suggestions can be applied at the latest at the hearing, otherwise
they need not be considered. Authorities that the proposal to establish
mining area expressed under special regulations, ^ 5) are already
management does not invite.

(4) The concerned government authorities notify their views within a period which will determine
District Mining Authority, and which shall not be less than 15 days, otherwise
They need not be considered. If any of the government
needs a proper assessment of the proposal for a longer time, the District Mining Authority at its request
specified period of time prior to its expiry shall be extended accordingly.

(5) Proceedings on determination of a claim if it concerns
vast territory, notify the district mining office parties
public decree at least 15 days before the hearing. Initiation of proceedings
notify the district mining office and a public notice in the event that he
parties to the proceedings are known. When announcing the initiation of proceedings to public notice
proceed similarly to the territorial proceedings under special regulations.
^ 14)

(6) The District Mining Office in proceedings on the mining area
assess the proposal, particularly in regard to the protection and exploitation of mineral
wealth and its consequences; yet assess whether the proposal is in line with
decision on the establishment of a protected deposit area and whether it suits
general technical requirements for construction of mines or quarries and
requirements, which lays down specific provisions for the protection of protected
interests. ^ 5)

(7) The District Mining Office in proceedings on the mining area
protect the position of the relevant government authorities and assess
comments and suggestions of the participants.

(8) The decision on establishing a mining area defining the district mining office
mining area and the conditions, the protection of legally protected general
interests in the area, and decide on the opposition parties.

(9) District Mining Authority may initiate proceedings establishing a mining
space even if they are not available all the documents and
documentation pursuant to paragraph 1. d) and e). At the same time establishes the organization
deadline for completion of the proposal. If the proposal is not completed within the prescribed time limit
, the District Mining Authority procedure for determination of a claim
stops.

§ 29
Evidence


(1) Records certificate on the exclusive deposit, the Ministry of Environment
environment.

(2) records of protected deposit area leads
Ministry of Environment of the Czech Republic.

(3) The records of mining areas and their changes leading the District Mining Authority
books mining areas. Summary records of mining claims
leading Czech Mining Office.

(4) The Ministry of the Environment leads overall records of
reserve deposits, and according to the evidence leads balance reserves of raw materials
Czech Republic.

(5) The authorities referred to in paragraphs 1-4 provided within 30 days of the request
data from the records of planning authorities and allow to inspect
records, or provide evidence of the required information or statements natural
and legal persons who can prove that they need to
performance of their duties or to exercise and protect their rights.
Remain intact the provisions on the protection of the state, economic and
secrecy. ^ 7)

(6) The Ministry of the Environment adjusts detail record keeping

Reserved deposits generally binding regulations.

§ 30

Economical exploitation of reserve deposits

(1) Exclusive deposits must be exploited economically.
Economical exploitation of reserve deposits means the extraction, treatment and refining of extracted minerals
according to the principles set out in paragraph 3
with regard to current technical and economic conditions;
while respecting the principles of mining technology, safety and protection
occupational health and safety ^ 15) and
unwarranted adverse effects on employment and the environment.

(2) When adjusting and refining of minerals, all of which can be produced industrially
metals is prohibited the use of cyanide leaching technology or other
procedures using cyanide compounds. This prohibition applies to
independent use of cyanide leaching at any scale and for its
use in combination with other methods of treatment and refining of minerals.

(3) The use of reserve deposits is particularly necessary

A) extract reserves of exclusive deposits, including minerals, as
completely as possible and with minimum losses and pollution;
mining focused exclusively on the rich part of the deposit is not permitted,

B) properly use the extracted minerals in their treatment and refinement
carried out in connection with their extraction,

C) properly store accessory minerals extracted at the same
temporarily unused and keep records,

D) appropriate way to store tailings and overburden materials and possibly
is effectively used.

(4) If the deposition conditions in terms of deposits, economy or
safety and technical and operational conditions in the organization
appropriate that part of the deposit located in the mining area has gained another
organization or them If you need an organization to establish mine works in the mining area
other organizations agree on how the two organizations.

(5) An organization may, if it is a more economical and safer
pry exclusive deposit and if permitted by its own operations,
allow another organization joint use of its workings and
equipment.

(6) If any of the procedures referred to in paragraphs 3 and 4 in terms of safety
operation absolutely necessary, it directs the District Mining Authority.

(7) mining of the exclusive deposit can not be stopped without
ensure that later extraction is technically possible and economically
effective and safe, but would stop the extraction is required
important legally protected general interest interest especially protection of life and health of people
.

(8) Carbon dioxide is forbidden to store in reserve deposits
or implied reserved mineral deposits ^ 23), with the exception
oil and combustible gas, into which you can enable the storage of carbon dioxide
according to another legal regulation 24) in connection with
increasing their overall exploit the.

(9) is pushed only carbon dioxide to increase the overall
exploit the oil and combustible gas or to
displacement coalbed methane from coal seams is not considered
storage of carbon dioxide in natural rock structures by
another legal regulation 24).

(10) Details on efficient use of reserved deposits down
generally binding regulations of the Czech Mining Office.

§ 31

Obligations and rights organization during extraction of reserve deposits

(1) The organization is entitled to conquer exclusive deposit in the mining
space that had been set.

(2) If the conquest of the mining area discovered another deposit reserve mineral
than for which it was determined mining lease is
organization is obliged to report it immediately to the Ministry of Environment
Environment, Ministry of Industry and trade and regional mining authorities.
If exploration of the deposit confirms that the detected deposit can be extracted and that
its conquest by another organization would not be economical, the district mining office
oblige the organization also extract the reserve deposit
(§ 27) . In cases where the extraction of the reserved deposit would not be economical
organization is required to make newly discovered deposit
reasonable steps to protect it.

(3) To the knowledge of the quantity and quality of the inventory of geological and

Báňskotechnických conditions conquering the organization is required during
conquest to secure the necessary advance within the boundaries of the mining
further exploration of the deposit. This research apply equally to § 11th


(4) For the purpose of extraction of the reserve deposit, the organization is entitled
establish the boundaries of the mining area and, if necessary, also outside
him, buildings and facilities that are necessary for opening, preparation
and mining of the exclusive deposit and to adjust or upgrading
minerals in connection with their extraction and transport of equipment and materials
.

(5) The organization is obliged to provide rehabilitation, which includes reclamation
under special laws, ^ 14a) of land affected by mining and monitoring of storage space
^ 16) after its closure.
Redevelopment of land released during mining is carried out according to plan for opening, preparation and extraction
(§ 32). Clean-up means repairing the damage to the landscape
complex of land and territorial structures.

(6) To ensure that the activities referred to in paragraph 5
organization is required to maintain reserve funds. The amount of the reserve fund, to
costs must meet the needs remediation of land affected by mining.
These reserves are the costs of achieving, securing and maintaining income
. ^ 14b)

§ 32

Plans for opening, preparation and extraction of reserved deposits and plans to ensure
and liquidation of the main workings and quarries

(1) The organization, which was founded authorization to extract the reserve deposits
is obliged to prepare plans of opening, preparation and extraction of these deposits.

(2) Plans for opening, preparation and extraction must provide sufficient advance
opening and preparation of the reserve deposit and before getting his
economical and continuous extraction using a suitable extraction methods
ensure safety. Part of the plans of opening, preparation and extraction
is to quantify the expected costs to settle mining
damages arising in connection with the planned activities and for remediation and reclamation of the affected land
including a proposal for the amount and method of creating the necessary financial reserves
(§ 31 para. 6 and § 37a).

(3) If the opening, preparation and extraction operation was compromised or
utilization of the reserve deposit in the mining area other organizations
defined by the Regional Mining Office the necessary measures, in particular the sequence and method of extraction
reserve deposits.

(4) Before stopping traffic in main mines or quarries,
organization is required to develop plans for their protection or liquidation.

(5) Details of plans for opening, preparation and extraction of reserved deposits and plans
safeguarding and liquidation of the main workings and quarries provides
Czech Mining Office generally binding regulations.

§ 32a
Payments


(1) The organization is obliged to pay to the account of the relevant District Mining Authority
^ 8) The annual lease payment of for every
opened hectare of the mining area demarcated on the surface.
Amount of payments from the leases of between CZK 100 to CZK 1,000 per hectare
graduated with regard to the level of environmental protection
area in question, the nature of the activities carried out in the mining area and
its impact on the environment environment, determined by the Government. This
payment converted District Mining Authority municipality in whose territory the mining space
located. If a mining area located on the territory of several municipalities,
divides the district mining office income ratio by mining
part of the territory of every municipality.

(2) The organization is obliged to pay to the account of the relevant District Mining Authority
annual fee for mined minerals in exclusive
deposits or reserve minerals following treatment and improvement,
carried out in connection with their extraction (hereinafter "the minerals mined
"); down payment of those minerals for which extraction was determined
mining area. The payment does not exceed 10% of the market price
extracted minerals. Decisive is the average market price in a year in which
minerals were extracted. The Ministry of Industry and Trade
after consultation with the Ministry of Environment and the Ministry of Finance of the Czech Republic
provides for minerals whose market price is not known,
basis for calculating payments on extracted minerals.


(3) The Ministry of Industry and Trade in agreement with the Czech Mining Office, with
Environment Ministry and in cooperation with relevant authorities
government and with the consent of the municipalities whose territories are affected, may
justified cases, in particular to support mining operations and in order
use of mineral resources, at the request of the organization, reduce the payment of
extracted minerals, or even exemption from such payment.

(4) Revenue from the payments referred to in paragraph 2 converts the District Mining Authority
25% to the state budget of the Czech Republic, from which these funds will be used for the purpose
remedying of environmental damage caused by mining of reserve and
non-reserved deposits, and the remaining 75% is converted
District mining Authority in the municipal budget.

(5) The obligation to pay fees in accordance with paragraphs 1 and 2 starts
calendar year following the year in which the mining area determined.
The repayment obligation referred to in paragraph 1 shall cease canceling the mining area.

(6) If an organization fails to pay reimbursement pursuant to paragraphs 1 and 2, or it
not pay the required amount, it shall pay for each day of delay
interest on arrears amounting to 0.1% of the outstanding balance of your money.
Organization that reimbursement does not pay a reasonable alternative deadline
set by the district mining office, the district mining office
permission to mine the reserved deposit, withdraw. In this case
ensure the protection and registration of exclusive deposit a legal person which it entrusts
Ministry of Environment.

(7) Payments under paragraphs 1 and 2, including any interest on arrears
calculated in accordance with paragraph 6 of the organization, which was founded authorization to extract
exclusive deposits (§ 24 para. 1).

(8) In the administration of reimbursements under paragraphs 1-3 and interest payment under paragraph 6
according to Tax Code. To manage payments by
paragraphs 1 and 2, and interest in accordance with paragraph 6, including control
activity, the competent District Mining Authority, whose jurisdiction includes
is an exclusive mining lease or deposit.

(9) The amount of reimbursement under paragraph 2 for each species
mined minerals and details of tax payment in accordance with paragraphs 1 and 2
including any interest on arrears and paying them to the state budget
Czech Republic and municipal budgets, on the distribution of income from payments by
paragraphs 4 and 5 of the conditions for any reduction in payments on extracted minerals
or exemption and the preparation and storage of relevant documents
down generally binding legal regulation, the Ministry of industry || | trade and after consultation with the Ministry of the environment, the Ministry of Finance
Czech Republic and the Czech Mining Office.

(10) The organization is obliged to pay an annual fee of petroleum and natural gas
acquired in the implementation of deposit exploration in
established exploration area and lists them on the market within its business
activities; paragraphs 2-9 herein shall apply mutatis mutandis.

§ 32b


Canceled
§ 33

Conflict of interest

(1) If exploitation of the exclusive deposit endangered objects and interests
protected by special regulations, ^ 11) objects and interests of natural or legal persons
are organizations, institutions and natural and legal persons
upon to protect these structures and interests, bound by mutual
cooperation to resolve these conflicts of interest and propose a procedure allowing
utilization of the reserve deposit the necessary safeguarding
mentioned objects and interests.

(2) Organization is required prior to the inclusion of relevant work in the plan
opening, preparation and extraction agree with the authorities and with natural and legal persons
responsible for safeguarding the objects and interests according
paragraph 1 of the whether the affected object, or the interest to be protected in
what extent, or for how long, and an agreement to submit
regional Office for an opinion. The agreement is valid if the regional authority in
one month from its submission to the agreement disagreement.
Obligation to conclude the agreement does not apply to cases where conflicts of interest are resolved
at the establishment of a protected deposit area, mining area
or during the design, construction or reconstruction of a mine or a quarry
if progress in solving them provides for special regulations. ^ 11)

(3) If no agreement is reached pursuant to paragraph 2 or if the regional authority

Disagrees with the agreement, decide on managing conflicts of interest
Ministry of Industry and Trade after consultation with the Ministry of the Environment
Czech Republic and the Czech Mining Office, in cooperation with other
relevant central government authorities, with
taking into account the opinion of the regional authority.

(4) organization that asks for permission for opening, preparation and extraction
reserve deposit is required to provide the District Mining Authority that
conflicts of interest are resolved.

(5) Protective measures must be carried out on the buildings and facilities
unrelated to mining of the exclusive deposit, directing
relevant planning authority in agreement with the District Mining Authority
owner of the affected buildings and equipment as necessary modification . ^ 17) If a
buildings and facilities that were built before the mining lease,
take place protective measures at the expense of the organization.

(6) Paragraphs 1 to 5 shall apply mutatis mutandis to the inclusion
relevant work plan to ensure mines and quarries or liquidation plan
major mines and quarries.

(7) How to resolve conflicts under this Act shall not apply to
conflict resolution at up areas, land acquisition
planning documentation, the planning and construction management
under a special legal regulation 10). In such cases, the procedure under
Administrative Procedure.
PART EIGHT


Other interventions in the earth's crust

§ 34

Special interventions into the earth's crust

(1) The specific interventions in the earth's crust under this Act shall mean
establishment, operation, safeguarding and liquidation of equipment for

A) storage of gases or liquids in natural rock structures
and underground spaces (underground storage of gases and liquids)

B) radioactive and other waste in underground spaces, ^ 18)

C) industrial utilization of thermal energy the earth's crust, with the exception of thermal energy
water brought to the surface

D) storage of carbon dioxide in natural rock structures ^ 24).

(2) special interventions into the earth's crust including prospecting and exploration
conducted for this purpose shall apply mutatis mutandis § 11, 16,
17, 18, 23, 32, 33 and by § 36 to 39th

(3) Underground spaces created special interventions into the earth's crust
are considered mines.

(4) The assessment of the suitability of the planned storage of carbon dioxide
done on search results and a survey conducted by
another legal regulation 25).

(5) Details concerning the establishment, operation, safeguarding and liquidation of equipment
for special interventions into the earth's crust down the Czech Mining Office
generally binding regulations.

§ 35
Old mine workings


(1), old mine works under this Act shall mean mine works
underground, which is deserted and whose original operator or its legal successor,
exist or is not known.

(2) old mine works is also an abandoned quarry mining
reserved minerals, whose original operator or its legal successor,
exist or was not known.

(3) The Ministry of Environment of the Czech Republic provides
survey of old workings and keep their registry.
Registrar may authorize another legal entity. Data from the registry provides
upon request within 30 days of the relevant planning authorities.

(4) who discovers an old mine works or its effects on the surface, it notifies
immediately to the Ministry of the Environment of the Czech Republic.

(5) safeguarding or liquidation of old workings and their consequences
which threaten legally protected general interest in ensuring
absolutely necessary extent the Ministry of Environment of the Czech Republic.
Ministry of the Environment of the Czech Republic also faced potential
damage to tangible property ^ 19) caused in ensuring
or liquidation of the old workings.

(6) The Ministry of Environment of the Czech Republic provides the necessary extent
liquidation of old mine works
referred to in paragraphs 1 and 2, where the existence of such works impede further development
territory and is consistent with the territorial plan large territorial unit.
In other cases, whether this has occurred, decides
Ministry of the Environment of the Czech Republic in agreement with

Ministry for Regional Development of the Czech Republic and the Ministry of Industry and Trade
Czech Republic.

(7) The Ministry of Environment of the Czech Republic detail the
generally binding legal regulation, the discovery of old mine workings and
register management.
PART NINE


Mining damages and compensation

§ 36
Mining damages


(1) The mining damages are considered for damage caused to property
prospecting and exploration of deposits, if done by mining parts
extraction of reserve deposits, establishment, safeguarding and disposing
mines and quarries, including their equipment, odvalovým, výsypkovým and
sludge management organizations, treatment and refining of minerals
carried out in connection with their extraction, as well as damage caused
special interventions into the earth's crust.

(2) The mining damage is regarded as the loss of surface water and groundwater,
substantial reduction in the yields of their resources and the deterioration of its quality, to
occurred as a result of the activities referred to in paragraph 1

(3) The mining damage, the organization whose activities damage was caused
except in cases specified in § 37 para. 7. Liability for damage
mining organization may be absolved only if he proves that the damage was | || caused by circumstances not originate in the activities referred to in paragraph 1

§ 37
Compensation for mining damage


(1) Compensation for mining damage are subject to general regulations on compensation for damages
, unless stipulated otherwise.

(2) The organization, which caused the loss of water, a substantial reduction
abundance of resources or a deterioration in its quality, is obliged to ensure
injured replacement power or water supply, or
compensate the damage costs associated with its provision, if it is damaged
efficiently and economically expended itself, otherwise compensate for the loss of groundwater
special rules apply. ^ 20)

(3) shall be superseded also proven costs reasonably incurred for the preventive
protective measures that aim to prevent or mitigate the consequences
imminent due to the activities listed in § 36. The preventive measures
hedging measures are not implemented construction and equipment
under the terms of the building permit or special regulations
to newly erected building or facility in terms of possible effects
activities listed in § 36.

(4) In justified cases, especially if it is necessary in advance to deal
safety and traffic flow, routing of public transport routes,
utilities, telecommunication lines and facilities, alternative
residential or utility buildings it is possible to advance payment up to
the anticipated damage that the transaction is included
compensation for damages. If the actual amount of damages did not reach the amount of the
payment, the overpayment will be returned.

(5) If you can not build or put the device to its previous condition because
lies in the area of ​​construction closures, or the territory where the
will continue to show long-term impacts of the activities listed in § 36, is
organization is required to make a provisional security of the building;
simultaneously agree with the owner of the property, whether the compensation be made in cash or by providing
alternative property and the amount of compensation. If the two parties fail to agree on
method of compensation, determined by the amount
expert opinion. This calculated amount of compensation shall be reduced by a factor
merchantability if its value is less than 1. Compensation
damages shall also include movable property that becomes due
provide alternative property unusable.

(6) The parties may also agree on an alternative method of compensation for mining
damage if such an agreement is not contrary to the provisions of this Act
or the general regulations on compensation.

(7) The organization does not provide compensation for damage to or destruction of buildings and equipment
erected within a protected deposit area, or in the mining
space without planning permission or without compliance with the conditions
of a building permit in terms of protection against
potential effects of activities listed in § 36.

§ 37a

Creation of financial reserves

(1) To ensure the settlement of damages caused by mining organizations must maintain
reserve funds. The amount of the reserve fund, to cost

Must meet the needs for settling mining damage in the course of time
according to their origin, or in advance of their occurrence (§ 37
par. 4) The reserve was the cost of achieving, securing and maintaining
income. ^ 14b)

(2) Creation of reserves referred to in paragraph 1 and § 31 para. 6
subject to approval by the relevant District Mining Authority, which also approves
drawing on these reserves upon agreement with the Ministry of the Environment
Czech Republic. These funds are deposited in a special escrow account
bank-20a) and shall not be subject to liability or
included in the assets under a special legal regulation 20b), nor
not be subject to regulation and the enforcement .
District Mining Authority before issuing a decision to draw on these reserves will require
opinion of the affected community. In the case of organizations with state-owned
Regional Mining Office decides in agreement with the Ministry of Industry and Trade of the Czech Republic
.

(3) Application organization for drawing from the reserve referred to in paragraph 1 shall be accompanied by a list
mining damage, estimated the cost of removal and
time course of spending to eliminate mining damage.
The cost of the necessary expertise carries organization.

(4) The organization must deposit funds in the amount of the reserve
to a special escrow account for each financial year by 30 June
calendar year following the end of the accounting period
. Otherwise the organization nor a reasonable alternative deadline set
District Mining Authority, the district mining office
decide to suspend the authorization for exploitation.

(5) Cash reserves, which are deposited in a special account tied
bank may be

A) temporarily placed in other assets while respecting the rules
by the implementing legislation, which releases Czech Mining Office
with the approval of the Ministry of Industry and Trade, and after consultation with the Ministry of Finance
or

B) transferred after the approval of the competent District Mining Authority on
basis of a contract between the State, represented by the Ministry of Finance, and
liable to create these cash reserves on account of resource management
reserves, administered by the Ministry of Finance .
Contract must contain a guaranteed rate of appreciation of the funds deposited in the account
resource management provisions and deadlines for the return transfer from the account management
reserve funds to a special escrow account maintained by the organization.

(6) Cash and other assets placed borne
special escrow account pursuant to paragraph 5 shall not be subject to seizure,
not be included in the estate and are not subject to enforcement or execution
.
PART TEN

Common provisions


§ 38
Traffic safety


When mining activities ^ 12) organizations and authorities are obliged to ensure
traffic safety including accident prevention and maintenance of mining
emergency services immediately remove all danger
general legally protected interests, especially security and protection
health at work and to take timely necessary preventive and protective measures. ^ 15)

§ 39

Mining survey and geological documentation

(1) During mining operations the organization is obliged to keep, timely supplement and
keep mine surveying and geological documentation. ^ 12)

(2) Organizations are entitled to duplicate and reproduce maps
required for mining operations.

(3) Details on mine surveying documentation provides Czech Mining Office
generally binding regulations. Details of the geological documentation
set by the Ministry of the Environment
generally binding legal regulation.

§ 40
Mine water


(1) Mine water are all groundwater, surface water and precipitation
penetrating into deep water or surface mine areas, regardless
whether it happened or percolation gravity of the overburden or bedrock || | side or simple run stormwater until their
conjunction with other permanent surface water or groundwater.

(2) The organization is in mining activities ^ 1) is entitled

A) without payment mine water for its own use,

B) without payment under the authorization mine water management body

Water as an alternative source for the needs of those who have been harmed by the loss of water caused
activities of an organization

C) to discharge mine water he needs for his own purposes, to
surface or ground water and drain it, if necessary
, over land the manner and under the conditions laid down
Water Management authority and public health authorities.

(3) When mine water pursuant to paragraph 2. a) and b)
organization is obliged to mine water and utilize it economically.
Using mine water for other purposes are regulated by special regulations. ^ 21)

(4) Discharge of other water into mine water is subject to a permit issued by the water authorities
agreement with the District Mining Authority.

§ 41

Relation to the Administrative Procedure

General administrative regulations do not apply to proceedings under § 3
paragraph. 3, § 6, 13, 14, 14a, 14b, 14c and 32a.

§ 41a

The competence of regional authorities under this Act
exercise of delegated powers.

§ 42

(1) The Ministry of the Interior or the Police of the Czech Republic provides
Ministry of the Environment for the exercise of responsibilities under this Act


A) the reference data from the basic register of residents,

B) data from the agenda information system of civil registration

C) data from the foreigners information system.

(2) The data provided pursuant to paragraph 1. a)

A) the name or names, surname,

B) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,

C) the date and place of death; in the case of died outside the territory of the Czech Republic
, date of death, place and the State in whose territory the death occurred;
If it is issued by a court decision declared dead, a day that is
decision as the date of death or the date on which the data subject
declared dead survived, and the date of entry into force of this
decisions

D) address of residence,

E) citizenship, or multiple citizenships.

(3) The data provided pursuant to paragraph 1. b)

A) the name or names, surname, maiden name,

B) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,

C) identification number,

D) permanent address,

E) citizenship, or multiple citizenships.

(4) The data provided pursuant to paragraph 1. c)

A) the name or names, surname, maiden name,

B) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,

C) citizenship, or multiple citizenships,

D) the type and address of residence,

E) start of residence, or date of termination of residence.

(5) Data that are kept as reference data in the basic register
population, the use of records information system
residents or foreigners information system only if they are in the shape
previous temporary situation .

(6) From the data provided in a particular case can only use
data that are necessary to fulfill the task.
PART ELEVEN


Transitional and Final Provisions

§ 43
Transitional provisions


(1) Deposits of non-reserved minerals of which it was decided that the
suitable for industrial mining according to existing regulations, are considered
effective date of this Act unreserved
bearing minerals, which are decided that cater to the needs and development of the national economy by
§ 7.

(2) State organizations engaged in prospecting and exploration of reserve
bearings as well as a state organization, which was set
mining areas, are effective date of this Act administrators
these reserve deposits under § 9. In other cases, the administrator shall
exclusive deposit competent central authority, not later than 1 year
effective date of this Act.

(3) Protected areas established to ensure the protection of reserve deposits and
special interventions into the earth's crust under the existing regulations are
date of entry into force of this Act protected deposit areas pursuant
§ 16, or as protected areas by § 34.


(4) mining area determined in accordance with existing regulations are assessed as
mining areas under this Act as a basis
land-use planning documentation. In cases where
been established protected areas, which the lease is determined in accordance with existing regulations
also regarded as protected deposit area pursuant to this Act. If
scope of the current protected areas or existing mining
does not ensure sufficient protection of the deposit, the manager or user
permanent reserve deposit required within 1 year from the date of entry into force of this Act
suggest a protected deposit area.

(5) safeguarding or liquidation of old mine works
begun before the entry into force of this Act completes the organization that they work
began when the central competent authority pursuant to § 35, decides otherwise.

§ 43a

Transitional provisions for changes effective from the coming into force of the Act
Czech National Council no. 541/1991 Coll.

(1) Deposits of non-reserved minerals have been decided
relevant government bodies that are suited to the needs and development of the national economy
under the existing regulations are considered to remain as the sole
deposits under this Act . ^ *)

(2) The decision of the relevant central government authorities establishing
mining lease issued under the existing regulations are considered
decisions issued pursuant to this Act. ^ *) Deadline according to § 24 paragraph. 6
starts to run for these mining areas after the effective date of this Act
. ^ *)

(3) The calculations of the reserves occur approved under existing regulations
before the effectivity of this Act ^ *) are considered to calculations of reserves
approved under this Act. ^ *)

(4) obligations to pay remuneration pursuant to § 32a paragraph. 1
created for organizations which were established mining areas before the effectivity of this Act
, ^ *) year of the effective date hereof. ^ *) | ||
(5) Payment extracted reserved minerals pursuant to § 32a paragraph. 2
first created for the organization for reserved minerals extracted in 1993.

(6) For mines and quarries, which on the effective date of this Act ^ *)
are in operation, the organization shall establish a provision for the full amount of ensuring
activities pursuant to § 31 para. 5 to the end of its life operations the latest
but 10 years after the entry into force of this Act. ^ *)

(7) For mines and quarries, whose sole shareholder is the state, and were within
restructuring of the coal, and uranium mining industry included
government in the concept of attenuation coal, uranium and ore mining and therefore not
possible in such cases to establish a reserve for remediation and reclamation
and provision for remediation of mining damage or it was impossible
create these reserves in a sufficient amount paid these costs in the amount needed
state through the budget of their respective organizational | || ingredients.

(8) Clean-up means the removal of landscape damage finish
mining disturbed land and territorial structures.

§ 44
Repealing provisions


Repealed:

First Law no. 41/1957 Coll., on the use of mineral resources (Mining Act)

Second § 4 of Legislative Decree no. 11/1958 Coll., On the organization of the state geological service
, as amended by Government Decree no. 82/1967 Coll., Which
Commission for Classification of Mineral Reserves subordinate to the government.

§ 45
Efficiency


This Act comes into force on 1 July 1988.
Selected provisions of amendments


Article II of Act no. 168/1993 Coll.

First For mines and quarries, which on the effective date of this Act are
operation, the organization shall establish a reserve for the full amount of ensuring
activities pursuant to § 31 para. 6 by the end of the life of mine, quarry or part
. This provision does not apply to organizations with
promulgated or approved program downturn.

Second Organizations that have mining activity for 1993 already allowed
are required to submit to the competent District Mining Office Supplies for
application for a mining permit quantifying the costs of mining
damages and the cost of rehabilitation of the land within three months
from the entry into force of this Act, together with a proposal on the amount of necessary financial
reserves and the timing of their creation.

Article III of the Act no. 315/2001 Coll.
COMMON PROVISIONS


First If taken laws in mining law concept of worker

Understood by the employee under a special law. ^ 1)

Second If an organization under the Act no. 61/1988 Coll., As amended
regulations, carry out tasks arising from labor relations, performs tasks
employer under a special law. ^ 1)

Article IV of the Act no. 315/2001 Coll.
TRANSITIONAL PROVISIONS


First Explosives, explosive objects and aids put into circulation before
this law becomes effective in accordance with existing laws and regulations
is regarded as explosives, explosive objects and aids
marketed under this Act.

Second Management of putting explosives, explosive objects and aids in circulation
initiated before the effective date of this Act shall be completed by
existing legislation.

Third Decision to authorize the taking of explosives issued before the effective date
force of this Act shall be construed for the period for which it was issued,
authorization for the transfer of explosives issued under this Act.

Article IV of the Act no. 150/2003 Coll.

Transitional provision to change the law on the protection and utilization of mineral wealth
(Mining Act)

Entity which has been established under the existing legislation
mining area, which is located on land owned by the state
has a right to him administrative authority, legal entity or its branch
which with land farming or it has under management
entered into an agreement to lease the land for a period of anticipated mining
deposit or purchase agreement for the sale of land.
Application containing data according to the specification of the land cadastre addressed
administrative authority, legal person or organizational unit that
with such a plot manages or administers it, and documented confirmation
Czech Mining Office, the applicant was determined mining lease must
be submitted no later than October 30, 2003. Czech Mining Office issued confirmation
to land in mining areas, where there is or has run
underground mining only if the required land can no longer be | || mining activity in danger or in cases where land on the desired
mining was already completed. The provisions of § 20 par. 3 of Law no.
44/1988 Coll., On the protection and utilization of mineral resources (Mining Act), as amended by Act No.
. 541/1991 Coll. and in the wording of Art. III of this Act shall apply mutatis mutandis
.

Article IV of the Act no. 3/2005 Coll.


Transitional provisions
If no proceedings on the application for prior consent to
determination of a claim, which relates
oil or combustible natural gas, finally ended before the effective date
force of this Act shall be completed in accordance with existing legal
regulations.

1) § 2 Act No. 61/1988 Coll., On mining, explosives and
State Mining Administration, as amended by Act No. 542/1991 Coll.

1) Labour Code

2) Eg. Act no. 513/1991 Coll., the Commercial Code, Act no. 455/1991
Coll., on Trades (Trade Act), Act no. 111/1990
Coll., on State Enterprise, as amended amended.

3) Act No. 62/1988 Coll., On geological work and the Czech
Geological Authority, as amended by Act No. 543/1991 Coll.

3a) § 17 of Act no. 62/1988 Coll., On geological work and the Czech
Geological Authority, as amended.

4) § 10 of Act No. 61/1988 Coll., As amended by Act No. 542/1991 Coll.

Ordinance no. 104/1988 Coll., On the rational use of reserve
deposits, on permits and notification of mining operations and reporting
perform mining activities.

5) Eg. Czech National Council Act no. 367/1990 Coll., on Municipalities (Municipal Establishment) Act
CNR no. 425/1990 Coll., on district offices, regulation of their jurisdiction and
some other related measures, Law No. . 51/1964 Coll.
on railways, and Decree of the Ministry of transport and the Central Mining Authority No.
. 28/1967 Coll., Laying down tracks for relations with mining activities
Act no. 110/1964 Coll., On Telecommunications, Law no. 20/1966
Coll., On public health care, law no. 53/1966 Coll., on protection of agricultural land fund
, as amended, Act no. 138/1973 Coll., on
waters (water Act), Act no. 61/1977 Coll. on forests, law no. 40/1956
Coll., on State nature protection, as amended, Act
Czech national Council no. 20/1987 Coll., on State Historical Preservation.


6) § 80 of Act no. 183/2006 Coll., On territorial planning and building regulations
(Building Act), as amended by Act no. 350/2012 Coll.

7) § 8, 12 and 21 of Law no. 50/1976 Coll.

7) Act no. 102/1971 Coll., On protection of state secrets, as amended by Act No.
. 383/1990 Coll.

Decree of the Government of the Czechoslovak Socialist Republic no. 148/1971 Coll., On protection of
economic and secrecy, as amended by Government
Czech and Slovak Federal Republic no. 420/1990 Coll.

Governmental Czech and Slovak Federative Republic no. 419/1990 Coll.
On basic facts constituting state secrets.

8) Decree of the Czech Mining Office no. 56/1982 Coll., Which determines
circuits covered by the Mining Authorities.

8) § 149 paragraph. 1 of Act no. 500/2004 Coll., Administrative Procedure.

10) Act no. 183/2006 Coll., On territorial planning and building regulations
(Building Act).

11) Eg. Czech National Council Act no. 367/1990 Coll., on Municipalities (Municipal Establishment) Act
CNR no. 425/1990 Coll., on district offices, regulation of their jurisdiction and
some other related measures, Law No. . 51/1964 Coll.
on railways, and Decree of the Ministry of transport and the Central Mining Authority No.
. 28/1967 Coll., Laying down tracks for relations with mining activities
Act no. 110/1964 Coll., On Telecommunications, Law no. 20/1966
Coll., On public health care, law no. 53/1966 Coll., on protection of agricultural land fund
, as amended, Act no. 138/1973 Coll., on
waters (water Act), Act no. 61/1977 Coll. on forests, law no. 40/1956
Coll., on State nature protection, as amended, Act
Czech national Council no. 20/1987 Coll., on State Historical Preservation.

12) Czech National Council Act no. 61/1988.

Law of the Slovak National Council no. 51/1988 Coll.

12a) § 17 and 18 of Law no. 61/1988 Coll., On mining, explosives
and the State Mining Administration, as amended by Act no. 542/1991 Coll.

12b) Act no. 20/1987 Coll., On state monument care, as amended
regulations.

12c) Convention on the Protection of the Archaeological Heritage (Revised)
promulgated under no. 99/2000 Coll. ms

14) § 58 of the Federal Ministry for Technical and Investment Development
no. 85/1976 Coll., On the details of land management and construction
Regulations, as amended by Decree no. 155/1980 Coll.

14a) Act No. 334/1992 Coll., On protection of agricultural land.

Law no. 61/1977 Coll., On forests.

14b) § 24 par. 2 point. i) of the Act No. 586/1992 Coll., on Income
income.

15) § 6 of Czech National Council Act no. 61/1988 Coll.

§ 6 of the Act of the Slovak National Council no. 51/1988 Coll.

16a) § 2 para. 2 point. c) Act no. 157/2009 Coll., on waste
mining waste and amending certain laws.

17) § 87 of Law no. 50/1976 Coll.

18) The Ministry of Health of the Czech Socialist Republic
no. 59/1972 Coll., On health protection against ionizing radiation.

The Ministry of Health of the Slovak Socialist Republic No.
. 65/1972 Coll., On health protection against ionizing radiation.

Decree of the Czechoslovak Atomic Energy Commission no. 67/1987 Coll., On
ensuring nuclear safety in the handling of radioactive waste.

19) Commercial Code

Civil Code.

20) § 29 of Act no. 138/1973 Coll., On Waters (Water Act).

20a) Act no. 593/1992 Coll., On reserves for determining the tax base from income
, as amended.

20b) Act no. 182/2006 Coll., On bankruptcy and its solutions
(Insolvency Act), as amended.

21) § 7 of the Act no. 138/1973 Coll.

22) European Parliament and Council Directive 94/22 / EC of 30 May
1994 on conditions for granting and using authorizations for exploration
search and extraction of hydrocarbons.

Directive of the European Parliament and Council Directive 2009/31 / EC of 23 April 2009
on the geological storage of carbon dioxide and amending Council Directive
85/337 / EEC, European Parliament and Council Directive 2000/60 / EC ,
2001/80 / EC, 2004/35 / EC, 2006/12 / EC and 2008/1 / EC and Regulation (EC) no. 1013/2006
.

23) § 13 para. 1 of Law no. 62/1988 Coll., On geological work,
amended by Act no. 543/1991 Coll., Act no. 366/2000 Coll. and Act no. 186/2006 Coll
.

Annex no. 2 to Decree no. 369/2004 Coll., On the design, implementation and

Evaluation of geological work, reporting and risk Geofactors
procedure for calculation of reserved deposits.

24) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws.

25) § 4 grams of Act no. 62/1988 Coll., As amended by Act no. 85/2012 Coll.

*) This means that the law no. 541/1991 Coll.

26) § 16 para. 2 point. d) of the Act no. 183/2006 Coll., on territorial planning and
Building Code (Building Act), as amended by Act no. 350/2012 Coll.