3/2005 Sb.
LAW
of 9 June. December 2004,
amending the Act No. 62/1988 Coll., on geological works, as amended by
amended, law No 44/1988 Coll., on the protection and use of
mineral wealth (the top Act), as amended, the law
No 61/1988 Coll. on mining activities, explosives and the State mining
the Administration, in the wording of later regulations, and Act No. 20/1987 Coll., on State
heritage preservation, as amended
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
The amendment to the law on geological works
Article. (I)
Act No. 62/1988 Coll., on geological works, as amended by Act No.
543/1991 Coll., the legal measures of the Presidium of the Czech National Council No.
369/1992 Coll., Act No. 366/2000 Coll., Act No. 320/2002 Coll. and act
No 18/2004 Coll., is hereby amended as follows:
1. In section 3, at the end of paragraph 3 the following sentence "the procedure for the recognition of
the professional qualifications of nationals of the Member States of the European Union
is governed by a special law. ^ 2 c) ".
Footnote No. 2 c) is added:
"2 c) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
change some of the laws (law on the recognition of professional qualifications), as amended by
Law No 96/2004 Coll. ".
2. In article 3 the following paragraphs 6 and 7 are added:
"(6) the certificate of professional competence is not required for a person who is
established in another Member State of the European Union and in the territory of the Czech Republic
occasionally or temporarily intends to anticipate, implement and evaluate
the geological work, if he proves that
and) is a national of a Member State of the European Union and
(b)) is entitled to the design, implementation or evaluation of
geological work under the legislation of another Member State
Of the European Union.
(7) proof of compliance with the conditions referred to in paragraph 6 is this person required to
submit to the Ministry before the start of these activities. For failure to comply with
requirements for the design, implementation and evaluation of the geological
the work of the Ministry shall issue a decision within 15 days after the day on which it was
proof of compliance with the conditions referred to in paragraph 6. ".
3. In Section 4a, the following paragraph 7 is added:
"(7) the period of validity of the decision on the determination of investigative territory can be
extended, if the time limit is not sufficient to end the
the activity that is the subject of the decision, and activities were carried out in the
accordance with decision. ".
4. in section 4, the following new section 4 d up to 4f, including title and notes
footnote No. 5a) up to 5 c):
"Special provisions for the search and exploration of oil or
flammable gas
§ 4 d
(1) in accordance with the legislation of the European Communities shall notify ^ 5a)
the Ministry of revenue application for determination of exploratory territories for the
searching and exploration of oil or flammable gas or
its initiative in the official journal of the European Union (hereinafter referred to as "the official
Journal "). The notification shall specify the period within which it is possible to
the competitive request. This time limit shall not be less than 90 days and starts
run the first day after the date of publication of the notice in the official journal.
The administrative procedure is initiated on the day following the date of expiry of the
established pursuant to this paragraph.
(2) in the notice referred to in paragraph 1, the Ministry further indication
the law, according to which the administrative management, will lead the territory, which is
the subject of the request, and the proposed duration of the survey area.
(3) in the case of two or more applications for the determination of the exploratory territory
the Ministry shall decide on the basis of their assessment and take into account the
the technical and financial capacity of the applicant, the proposed method of survey
or search on the territory which is the subject of the application, and to the fact that
request to obtain more complete geological information and better
the protection of legally protected interests.
(4) in accordance with paragraphs 1 to 3 shall not progress if the request for the establishment of
exploratory territories for prospecting and exploration of oil or flammable
natural gas, when the contracting authority shall submit at least one of the boundaries of the proposed
the exploratory research of the territory is the territory, which has already been
decision on establishment of the exploratory territories for oil or flammable
natural gas, and that the applicant or any other person. If it is determined the exploration
territory of a person other than the applicant, inviting her to the Ministry in
the Ministry provided a reasonable time to requests or expressed
filed a competing application. If the application is lodged shall decide, competitive
Ministry of establishment on the basis of an assessment of the survey, which
of the applicants is able to ensure getting the most complete geological
information and the best protection of legally protected interests.
§ 4e
(1) the exploration of the territory for search and exploration of oil or gas
the decision provides for the gas on time which is strictly necessary for the performance of
geological work, and for the territory, which does not exceed the extent justified
the best performance of geological work of the technical and economic
point of view.
(2) the decision on the determination of the exploratory territories for search and
exploration of oil or gas conditions can be determined from the
reason
and ensure the defense of the State)
(b)) to ensure public order,
(c)), the protection of public health,
(d)), ensure transport safety
e) environmental protection, including the protection of natural resources,
(f) the protection of the interests of the State) of monument care ^ 5b) or the protection of the archaeological
heritage, ^ 5 c)
(g) ensure the safety of the device and) employees,
(h) protection of bearings or oil) combustible gas and their
the rational use of,
I) ensure the revenue associated with the fixing of
exploratory territory.
(3) if the Department finds that the purpose for which it was the exploration of the territory
provided for, was achieved before the expiry of the relevant
the decision, the period of its validity, in justified cases, to shorten.
section 4f
In accordance with the law of the European communities, the Ministry provides ^ 5a)
the competent authorities of the European communities the information relating to the
searching and exploration of oil or gas, flammable
including information on freely accessible geographical areas, for
searching and exploration of oil or flammable gas, granted
permits and their holders and identified and anticipated
the inventory of these raw materials are situated on the territory of the Czech Republic.
The Ministry does not disclose the information to the nature of the business
the secret.
5A) directive of the European Parliament and Council Directive 94/22/EC of 30 March 2004. may
1994 on the conditions for granting and using authorizations for the survey,
the search and extraction of hydrocarbons.
5B) Law No. 20/1987 Coll. on State care monument, as amended
regulations.
5 c) the Convention on the protection of the archaeological heritage (revised)
under the famous No. 99/2000 Sb. m. s. ".
Former footnote No. 5a) and 5b) are renumbered as notes under
line no. 5 d) and 5e), including links to footnotes.
5. In section 20, at the end of paragraph 1, the period is replaced by a comma and the following
letter l), which read:
"l) fails to comply with the obligation arising from the provisions of section 3 (3). 7. ".
Article II
The transitional provisions of the
If proceedings on the application for the establishment of the exploratory territories for the
searching and exploration of oil or flammable gas
been terminated prior to the date of entry into force of this Act, completes the
According to the existing legislation.
PART THE SECOND
Amendment Act
Article. (III)
Act No. 44/1988 Coll., on the protection and use of the mineral wealth (the top
Act), as amended by Act No. 541/1991 Coll., Act No. 10/1993 Coll., Act
No 168/1993 Coll., Act No. 132/2000 Coll., Act No. 258/2000 Coll., Act
No 366/2000 Coll., Act No. 311/2001 Coll., Act No. 61/2002 Coll., Act
No. 320/2002 Coll. and Act No. 150/2003 Coll., is hereby amended as follows:
1. In section 20, at the end of paragraphs 1 and 2, added the sentence "must also be
the application supported by an affirmative opinion of the municipality, on which the cadastral
territory the land is situated. ".
2. In article 24, paragraphs 2 and 3, the words "of the Ministry of economy of the Czech
of the Republic "shall be replaced by the words" of the Ministry of the environment, "and in the
paragraphs 2 and 4, the words "Ministry of economy of the Czech Republic"
replaced by the words "Department of environment".
3. In section 24 shall be inserted after paragraph 4, a new paragraph 5 to 9, including the
footnote No. 12b and 12 c)):
"(5) in cases not covered by paragraph 3, relating to the
exclusively oil or flammable gas, shall decide on the grant of
the prior consent of the Ministry to determine the total space
of the environment in accordance with paragraphs 6 to 9.
(6) the receipt of the request for prior approval to the establishment of mining area
for the purposes of mining oil or flammable gas shall notify the
The Ministry of the environment in the official journal of the European Union (hereinafter referred to
"official journal"). The notification shall specify the period within which it is possible to
submit a competitive application. This time limit shall not be less than 90 days, and
begins on the first day after the date of publication of the notice in the official journal.
The administrative procedure is initiated on the day following the date of expiry of the
established pursuant to this paragraph.
(7) in the notice, the Ministry of the environment shall indicate the designation of a legal
the regulation, according to which the Board of management will grant prior
consent to the determination of the total area of the territory, which is the subject of
the application for the granting of prior approval to the establishment of mining area
and the proposed period of validity of prior consent.
(8) in the case of two or more applications for the granting of prior approval to the
for the purposes of determining the total area of mining deposits of oil or
combustible gas progresses, the Ministry of the environment
According to the criteria referred to in paragraph 4 and shall take into account also their
the technical and financial capacity.
(9) the decision on the granting of prior approval to the establishment of
space for the purpose of mining oil or flammable gas
conditions can be determined due
and ensure the defense of the State)
(b)) to ensure public order,
(c)), the protection of public health,
(d)), ensure transport safety
e) environmental protection, including the protection of natural resources,
(f) the protection of the interests of the State) of monument care ^ 12b) or the protection of
archaeological heritage, ^ 12 c)
(g) ensure the safety of a device or) employees,
(h) protection of bearings or oil) combustible gas and their
the rational use of,
I) ensure revenue and return on the funds
spent on geological work paid from the State budget.
12B) Law No. 20/1987 Coll. on State care monument, as amended
regulations.
12 c) the Convention for the protection of the archaeological heritage (revised)
under the famous No. 99/2000 Sb. m. s. ".
Paragraphs 5 and 6 shall be renumbered as paragraphs 10 and 11.
4. In section 27. 7, the words "section 24 paragraph. 6 "shall be replaced by" section 24 paragraph.
11. "
5. In section 32a, the following paragraph 10 is added:
"(10) Organization is required to pay an annual remuneration from oil or flammable
natural gas, which gets in the implementation of the housing survey in
provided for exploratory and list them on the territory of the market within the framework of its business
activity; the provisions of paragraphs 2 to 9 shall apply mutatis mutandis here. ".
Article IV
The transitional provisions of the
If the procedure for the application for the granting of prior approval to the
determination of the total area, which relates to the oil or
combustible gas, been terminated prior to the date
the effectiveness of this law, according to present laws
regulations.
PART THE THIRD
The amendment to the law on mining activities, explosives and the State Mining Administration
Article. In
In section 40 of Act No. 61/1988 Coll. on mining activities, explosives and
the State Mining Administration, as amended by Act No. 311/2001 Coll., Act No.
206/2002 Coll. and Act No. 226/2003 Coll., is at the end of paragraph 6, the dot
be replaced by a comma and the following subparagraph (f)), including notes below
line no. 18 d) is added:
"(f)) provides the competent authorities of the European communities for information about
mining of oil and combustible gas required legal
Regulation of the European communities. ^ 18 d)
18 d) directive of the European Parliament and Council Directive 94/22/EC of 30 March 2004. may
1994 on the conditions for granting and using authorizations for the survey,
the search and extraction of hydrocarbons. "
The existing footnote No. 18 d) up to 18 h) are renumbered as notes
footnote No 18e) to 18i), including links to footnotes.
PART THE FOURTH
The amendment to the law on national heritage preservation
Article VI
Law No. 20/1987 Coll. on State care monument, as amended by Act No.
242/1992 Coll., Act No. 363/1999 Coll., Act No. 121/2000 Coll., Act No.
132/2000 Coll., Act No. 153/2001 Coll., Act No. 320/2002 Coll., Act No.
18/2004 Coll. and Act No. 186/2004 Coll., is hereby amended as follows:
1. In section 21 at the end of paragraph 1, the period is replaced by a comma and the following
the words "also expresses to the protection of the archaeological heritage ^ 17a)
in the proceedings in accordance with the specific legislation. ^ 17b) ".
Footnote No. 17a and 17b)):
"17a) the Convention on the protection of the archaeological heritage (revised)
under the famous No. 99/2000 Sb. m. s.
17B) for example, Act No. 62/1988 Coll., as amended. ".
2. In section 29. 2 at the end of subparagraph (b)), the words "heritage
reservation and preservation zone and ensure the issue opinions in
proceedings under special legislation, ^ 17b) ".
PART THE FIFTH
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on the date of its publication.
Zaorálek in r.
Klaus r.
in the Jahn in the r..
