About Mining Leases

Original Language Title: o dobývacích prostorech

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39875&nr=172~2F1992~20Sb.&ft=txt

172/1992 Sb.



DECREE



The Czech Mining Authority



of 16 December 2002. March 1992



about mining leases



351/2000: Sb.



The Czech mining Office lays down pursuant to § 27 para. 9 of Act No. 44/1988 Coll.

the protection and utilization of mineral wealth (the top Act), as amended by law

The Czech National Council No. 541/1991 Coll.:



PART THE FIRST



The mining area



§ 1



The name of the area



(1) the mining area shall be called the land of the territory in which it is located

the mining area or its largest part.



(2) if in the same territory for mining

space, the name referred to in paragraph 1 and the Roman numeral.



§ 2



Proposal for the establishment of the space



(1) the application for the determination of the area of the Organization presents to the ^ 1)

the district mining Office. If the mining area extends to the circumference of the

more of the district mining offices, the design of the circuit

a motion for authority in whose area of competence is the largest part of the total

space.



(2) the district mining Office announce the opening of the procedure for the determination of the total

the space of the territorial authority of the Ministry of the environment.



(3) the proposal includes



and) name, registered office and number of the Organization



(b) the name of the area), its area content, descriptions and coordinates

vertices of geometric shapes, or its border and the height of

justification for the boundaries of the area; the coordinates of the vertices is found

removing it from the map or the měřickými methods



(c)) the name and identification number of the cadastral territory ^ 1a) with name and code

the County, ^ 2) which surrounds the mining area,



(d) mineral or group of minerals), exclusive of the bearing, range, storage,

the shape and thickness of the bearing, the character of its tectonic infringements and the amount of

the inventory ^ 4)



(e) the anticipated start of the conquest) the term of the exclusive bearing and

the highest annual volume of mining,



f) mining method and its effect on surface



(g) review of the draft conclusions on the) determination of the total space, ^ 5) that

It affects the interests protected by the specific provisions, ^ 6) with the authorities and

natural and legal persons, for the protection of those interests,



(h) the name and address of organization), which conquers the same or adjacent bearing.



(4) to the application shall be accompanied by



and a copy of the map of the surface) to scale to 1:25 000 including the plotting

the border area and the highlights of his geometric shapes, as well as

and neighbouring mining areas and established protected bearing

the territory of protected areas and buffer zones. If the mining area under the

surface bounded by natural borders or the deep,

the total space in the shape of the cuts. In the case of conquest with an impact on

on the surface, a copy of the map of the surface of the property concerned shall indicate the influences

mining, the



(b) a list of the coordinates of the vertices) to the values given to the nearest whole

meters, calculation of the reactants to the nearest area m2

list of cadastral territories or parts thereof on which mining

the space is located, with an indication of their proportional representation in the area of

the total mining area. The area of cadastral territories shall be determined

planimetricky, arithmetic mean, calculated from the three measurements with

an accuracy of two decimal places with a leveling of the area

area in km2 or other methods of hitting at least the same

the accuracy,



(c) the calculation of the insubstantial additional inventory); ^ 8) to calculate the inventory shall be accompanied by the geological

map of bearings, a map in the map or structural inventory oil and

flammable gas, or technically usable natural

gas, as well as the characteristic of transverse and longitudinal cuts the bearing,



d) certificate of the exclusive bearing,



(e) the decision on the determination of protected) area, where it has been

provided for,



f) prior consent to the submission of the proposal on the establishment of

space, ^ 3)



g) during the conquest of the influence on the surface of the land concerned, indicating the

parcelních numbers, types of land (crops) and the legal relationships in accordance with

the real estate cadastre, ^ 7)



h) names and addresses of individuals and legal entities that are parties to the

management,



I) papers and documentation set out in the implementing rules to the top

the law, or by special legislation, ^ 6)



(j) a copy of the relevant part of the spatial) planning documentation ^ 7a) related

to dobývacímu area and outside the mining area, which will be

mining activities, for example. for the establishment of the hoppers, waste heaps or

tailings dams, if the territorial planning documentation drawn up and

approved,



to design a comprehensive edit) territory and territorial structures concerned

mining; ^ 7b) following the planned use of the territory after their

This proposal defines the remediation of mining and reclamation of all land

interested in the whole territory of the mining area in territory outside the

the mining area, to be used in mining activities (hereinafter referred to

"the General Plan of the redevelopment and reclamation"). In the case that the life

the mine, respectively. the quarry is longer than 10 years, with the General Plan of remediation processes

and reclamation of the mine. the quarry, for at least 10 years. The summary plan

redevelopment and reclamation includes



1. the proposal to perform the extraction and the justification for such a solution, which is

the most advantageous in terms of the protection of agricultural land resources, ^ 7 c)

If the affected agricultural land, mining and conservation land

intended for performance of the functions of the forest, ^ 7 d) will be affected if these lands,



2. technical solutions to complex editing territory and territorial structures (text

even the graphics part),



3. the estimated range of all remediation and reclamation work according to the

each type of land restoration and how to perform them, ^ 7e)



4. the technical, economic and other data to determine the amount of financial

the resources necessary for the rehabilitation and reclamation,



l) proof that the organization is empowered to carry out mining activities,



m) opinion on the assessment of the impact on the environment, if this

the assessment must be under special legislation, perform ^ 7f)



n) decision, where appropriate, the opinion of the authorities and organisations, for the

the protection of legally protected interests under special legislation. ^ 6)



(5) the Map referred to in paragraph 4 (b). a) and provided for in paragraph 4 (b). (b))

verifies the main mining meter. Certified map shall be submitted in 9 copies.

The map can be processed in digital form. ^ 9)



(6) if the documents submitted are not enough to reliably assess

the proposal, in particular with regard to the protection and rational use of the exclusive

bearings, consequences of its conquest, or in terms of the impact on law

protected interests, the competent district mining Office shall obtain the other necessary

documents, opinion or a higher number of copies of the supporting documents required

for the proceedings and decisions.



§ 3



The decision on the determination of the total mining area



(1) the decision on the determination of the total space shall indicate



and) name, registered office and number of the organization that will be the exclusive

bearing conquer,



(b) the name of the area), the name and identification number of the land

the territory of "^ 1") with the name and code of the County, ^ 2) which surrounds the mining area,



(c)) the coordinates of the area of geometric shapes and contents, area

the contents of each cadastral countries or parts thereof, to which the

the mining area is situated, or the height of the total mark

space,



(d)) or Dolerite group of minerals, for which the exclusive bearing

conquest mining area shall be laid down,



e) restriction or special technical conditions for mining to ensure

the general interests of legally protected by the specific provisions ^ 6)

arising from the results of the proceedings concerning the determination of the total space,



(f) the term started conquering the sole) of the bearing,



g) conditions relating to the formation of a uniform raw material policy the United

Republic. ^ 10)



(2) the competent district mining Office shall send the decision on the determination of the

the total area of the parties. ^ 11) decision and certified map

the surface of the situation [article 2, paragraph 4 (a))]



and the proposing organization)



(b) the territorial environmental authorities), with whom he was to establish a

the total area of the district mining Office, agreed, in whose district the

is part of the area and the authorities of the town and country planning, building

the Office and the Municipal Council, in whose district lies the mining area or

in part,



(c) the Czech mining Office)



(d) the territorial authority) to Geodesy and cartography,



e) Ministry of the environment and the Ministry of industry and trade.



§ 4



Change area



(1) the Organization shall propose to the



and the total space, change) if based on conquest or

the next survey data about the exclusive bearing, which justify the

change the border area or specific technical conditions

mining, the



(b) the total area) if it has been conquering the exclusive

bearings permanently stopped, were written off inventory ^ 12) and was terminated

liquidation of main mine workings and quarries. ^ 13)



(2) for the amendment and cancellation of the area shall apply mutatis mutandis to the provisions of

§ 2 and 3. When the extension area modifies the Organization documents

under section 2 of the proposed change.



§ 5




Registration of mining areas



(1) the registration of mining areas and their changes leads the district mining

the Office.



(2) the register shall consist of



and) records



b) auxiliary records



(c)), the collection of documents.



(3) the summary records of mining areas and their changes, leads the Czech

mining Office.



PART TWO



Final provisions



§ 6



Regulation (EEC)



The second part of the decree is repealed the Czech Mining Authority no. 78/1988 Coll.

bearing protected areas and mining leases.



§ 7



The effectiveness of the



This Decree shall take effect on the date of publication.



President:



Ing. Bartos v.r.



1) § 5a of Act No. 44/1988 Coll., on the protection and utilization of mineral resources

(Act), as amended by Act No. 541/1991 Coll.



1A) section 3 of Decree No. 120/1979 Coll. on spatial identification information.



2) No 1 of the proceeds of the Federal Statistical Office No. 1793/78-032-918 from the

9.6. 1978 adapting numeric labelling of counties and districts in CZECHOSLOVAKIA

(in the amount of 25/1978 Sb.).



3) § 24 para. 2 of the Mining Act.



4) § 14 of the Mining Act.



5) section 27 para. 5 the Mining Act.



6) for example, Act 367/1990 Coll., on municipalities (municipal establishment), law No.

425/1990 Coll., on district offices, modify their scope and

some of the other related measures, Act No. 266/1994 Coll.

on rail, Decree 28/1967 Coll., laying down rules for

railways with mining activities, Act No. 151/2000 Coll. on telecommunications and

amending other laws, Act 20/1966 Coll., on the health care of the people, in

as amended, Act 334/1992 Coll., on the protection of

agricultural land resources, as amended, law No.

138/1973 Coll. on waters (Water Act), as subsequently amended,

Act 289/1995 Coll., on forests, and amending and supplementing certain laws

(forest law), as amended, law No. 114/1992 Coll.

nature and landscape protection, as amended, law No.

20/1987 Coll., on State heritage preservation, as amended.



7) Act 344/1992 Coll., on the land register of the Czech Republic

(Act), as amended.



7A) of section 8 of Act No. 50/1976 Coll. on territorial planning and building regulations

(the building Act), as amended.



7B) § 31 para. 5 the Mining Act.



7 c) of section 6 of Act No. 334/1992 Coll.



section 5 and section 8 to 11 of Decree No. 13/1994 Coll., to regulate certain

the details of the protection of agricultural land resources.



7 d) sections 13 and 14 of Act No. 289/1995 Coll., Decree 77/1996 Coll.

elements of the request for withdrawal or limitation, and details on the protection

plots of land intended for the performance of the functions of the forest.



7E) Act 334/1992 Coll., as amended, and Act No.

289/1995 Coll., as amended.



7F) Act 244/1992 Coll., on the assessment of the effects on the environment.



8) § 14 para. 3 of the Mining Act.



9) § 19 para. 4 of Decree No. 435/1992 Coll., on mining surveying documentation

When mining activity and certain activities carried out by mining

in a way, as amended by Decree No. 158/1997 Coll.



10) § 24 para. 2 of the Mining Act.



11) § 28 para. 2 of the Mining Act.



12) § 14 para. 1 the Mining Act.



13) § 10 para. 5 and 6 of the Act of the Czech National Council No. 61/1988 Coll.

mining activities, explosives and the State Mining Administration, as amended by

the Act of the Czech National Council No. 542/1991 Coll.