Changing The Act. On Mining Activity, Explosives And St. Mining Administration

Original Language Title: změna zák. o hornické činnosti, výbušninách a o st. báňské správě

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542/1991.



LAW



The Czech National Council



from day 4. December 1991,



amending and supplementing Act of the Czech National Council No. 61/1988 Coll., on

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

the Czech National Council Act No. 425/1990 Coll.



The Czech National Council decided on the following Act:



Article. (I)



The Czech National Council Act No. 61/1988 Coll. on mining activities,

explosives and the State Mining Administration, as amended by the Act of the Czech national

Council No. 425/1990 Coll., on district offices, modify their scope and

some of the other related measures, amends and supplements the

as follows:



1. In paragraph 1, the word "rational" is replaced by "rational".



2. section 2 (a). a) is added:



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

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



3. In paragraph 3 (b). and the words "are deleted) if undecided, they are

suited to the needs and development of the national economy ".



4. in article 3, the following new paragraph 3a, including the title reads as follows:



' section 3a



Organization



For the organization under this Act shall be deemed legal and natural

persons who, in the framework of the business activity of the ^ 2) when conditions

laid down by law, carrying out the activities covered by this

law. ".



5. in paragraph 4, the words "the Czech Geological Office" shall be replaced by

"relevant Central Government authorities" and the words "and

the central body to whose jurisdiction include organizations engaged in

such activity ".



6. The heading above paragraph 5 reads as follows: "the obligations of organisations in mining activities and

activities carried out using mining techniques ".



7. in § 5 para. 1 the term ' rational ' is replaced by

"efficient".



8. § 5 para. 2 is added:



"(2) the mining activity and the activity carried out using mining techniques can

exercise based on permissions, or permit issued under the

This Act, the Mining Act, or in accordance with the specific legislation. ^ 3)

Conditions for obtaining the permission to carry out mining activities and activities

by using mining techniques, design and designing

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

by using mining techniques, or some related work,

If they are not governed by a special regulation, ^ 4) provides for the Czech mining Office

generally binding legislation. ".



9. § 5 para. 3 read as follows:



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

eligibility workers, who carry out the mining operation or operation

by using mining techniques, or these or suggest

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

by using mining techniques or perform some of the work that

related to mining activities or with the work undertaken mining

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

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

special provision. ^ 4). "



10. in § 5 para. 5, the words "major interest" shall be replaced by

"the law protected the general interest".



11. in paragraph 5 of the deleted paragraph 6.



12. in paragraph 5 of the deleted paragraph 7.



13. in section 6 (1). 1 reads as follows:



"(1) the organization is required to ensure and check compliance with this

Act, the Mining Act and legislation issued on the basis thereof, as well as

other generally binding legal regulations regulating the safety and

occupational health, safety and working conditions in the

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

ensure the safe and professional management of mining activities and the activities of the

by using mining techniques is an organization required to appoint the head of the

the worker and the number of persons needed to carry out technical supervision. For

each mine and quarry must be appointed as a Manager racing mine

or the race of the quarry. Racing or racing down a quarry must not be appointed

to the function, if it does not meet the conditions set out in § 5 para. 3. ".



14. in section 6 (1). 2 the words "major interest" shall be replaced by

"the law protected the general interest".



15. the heading under the section 7 reads: "Mining rescue service and assistance organisations in

the crash ".



16. in section 7, paragraph 4 shall be inserted after paragraph 5 to 8 are added:



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

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

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

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

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

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

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

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

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

costs incurred for damages, or other financial damage in the

own service and to the Organization, which was granted.



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

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

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

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

ensure the prescribed medical examinations.



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

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

in which the circumference of the scope of the exercise activity for which must be

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

organisations. If you do not agree to the agreement, the organization is required to ensure

mining rescue service in such a way to match the regulations of the

issued in accordance with paragraph 9.



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

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

rescue equipment and accessories. The guarded mine rescue station

are required to allow the mining inspectors-squad regular

training on the guarded mine rescue station and mandatory medical examinations

within the range for mine rescue staff. ".



The present paragraph 5 shall become paragraph 9.



17. section 8 (2). 3 read as follows:



"(3) the types of selected mining machinery, equipment, apparatus,

can only be used with the permission of the Czech Mining Authority.

Testing and submission of the expertise needed to release

the authorisation shall stipulate the Czech mining Office and keep the one who for a permit

asks. At the same time, the Czech mining Office shall designate authorities, place of work or training

the experts, who are authorized to process or expertise to the test

perform. The Czech mining office permit also at the release lays down that

some of the machinery, equipment, apparatus, and equipment are subject to regular

repeating tests carried out by the specialist designated organizations

or professional institution, workplace or an expert recognised by the Czech mining

by the authority. ".



18. section 8 (2). 5 (b). a) is added:



") the selected mining machinery, equipment, apparatus, as well as

the conditions for their authorisation procedure, checking their types,

the conditions for their use and the professional bodies, departments and experts who

are authorized to handle the expert opinions and to perform tests according to

paragraph 3 ".



19. in section 9, including title deleted the word "exclusive".



20. in section 10, paragraph 1. 3, the word "rational" replaced by the word "economically".



21. in section 10, paragraph 1. 5 after the word "liquidation" the words "or

subsequent new use ".



22. in paragraph 11 (1) 2 the words "sole administrators bearings" are replaced by

the words "this organization".



23. § 12 shall be deleted.



24. In § 16 para. 4 in the last sentence, the words "the District National Committee"

replaced by the words "local office".



25. in section 18 para. 1, after the word "organizations", the words "and citizens",

the words "a local National Committee" shall be replaced by the word "municipality" and the word

"the" with the word "the".



26. section 19, including the title reads as follows:



"§ 19



Mining of non-reserved mineral bearing



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

major mines and quarries allows district mining Office. Without these

authorization shall not be started.



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

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

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

the Organization attaches to plan their collateral or liquidation.



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

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

apply mutatis mutandis the provisions of § 17 and 18.



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

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

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



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

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


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

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



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

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

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

States generally binding legislation. ".



27. in section 20 (2). 2, the words "this Regulation shall be issued by the Czech mining Office and

Czech Geological Office "are replaced by the words" this Regulation shall issue the Ministry of

for economic policy and development of the Czech Republic in agreement with the

the Ministry of environment of the Czech Republic and the Czech mining

the Office ".



28. section 21 para. 1 to 3 shall be added:



"(1) Explosives under this Act substances (compounds or mixtures)

in solid or liquid state, which have the characteristics of explosives, high explosives,

propellants or explosive of pyrotechnical compositions. ^ 6)



(2) this law shall also apply to pyrotechnic articles and products

containing explosives, if the explosion may endanger the safety of persons and

assets (hereinafter referred to as "explosive articles"); This law shall not apply to

ammunition. ^ 7)



(3) for the work shall be considered as work of the ohňostrojné, in which energy

chemical conversion of explosives and detonation of explosive articles to

invocation of the lighting, or sound effects. ".



29. section 21 para. 5 is added:



"(5) in case of doubt, whether it is an explosive, explosive subject or

pyrotechnic article shall decide, Ministry of industry of the Czech Republic;

in case of doubt, whether it is a Widget, or whether it is blasting,

Decides the Czech mining Office. ".



30. in paragraph 21 is attached at the end of paragraph 6, which reads as follows:



"(6) details of the pyrotechnic articles and their treatment lays down

The Czech mining Office generally binding legislation. ".



31. section 22 para. 3 at the end the following new sentence:

"Enterprise producing and processing of explosives is required to establish

Department, where appropriate, appoint a professionally qualified worker for the performance

tasks in the field of health and safety at work and safety

operation. ".



32. In paragraph 22 of the paragraph. 5, the words "during blasting works or fireworks

the works "shall be replaced by" when working with explosives "and the words" blasting

work or ohňostrojné work "shall be replaced by the words" the work ".



33. § 23 para. 1 reads as follows:



"(1) to produce and handle explosives, or to carry out research, development or

a trial production of explosives can only the organization that it has the consent of the

the Ministry of industry of the Czech Republic. ".



34. In paragraph 23 of the paragraph. 2 the words "central State authority, to whose

the scope includes manufacture of explosives "shall be replaced by" by the Ministry of

industry of the Czech Republic. "



35. In paragraph 23 of the attached at the end of paragraph 7, which reads as follows:



"(7) the requirements to ensure the safety and protection of health at work and the

safety in the manufacture and processing of explosives stipulates in General

binding legislation, the Czech mining Office, in agreement with the Ministry of

industry of the Czech Republic. ".



36. In § 24 para. 2 and 3, after the words "into circulation", the words "and their

checking ".



37. In § 25 para. 1 at the end of connect the words "issued by the authority that

permits blasting or ohňostrojné work (section 27). This permit is

requests to subscribe to smokeless powder, black dust and hunting

matches if they are used for blasting or ohňostrojné work. ".



38. § 25 para. 2 is added:



"(2) organizations that regularly use explosives during their

activities, the authorization may be issued for a longer period of time, not more than

However, for 5 years. ".



39. the heading of section 27 reads: "the implementation of the work connected with the use of

explosives ".



40. section 27:



the "section 27



(1) to carry out blasting or ohňostrojné can only work on the basis of

the authorization.



(2) the district mining Office permits blasting in mining activities and

activities carried out using mining techniques, blasting works in other

activities and ohňostrojné work.



(3) the decision to allow a large range of blasting and

Fireworks works is also sent to the competent Police Department; This is

does not apply to blasting work in mining activities and the activities carried out by

using mining techniques.



(4) the Blasting work without permission can be made only in cases where it is

necessary to save life or property, and there is a risk of default.



(5) for blasting a large scale must be drawn up technical

project blast for blasting small scale, labour and ohňostrojné

for other works associated with the use of explosives the technological process.



(6) the Czech mining Office lays down generally binding legal regulation, which

blasting shall be construed as blasting small and large scale,

Routing essentials, Essentials of the technical project

blast and in greater detail the blasting and Fireworks

work. ".



41. the heading under the section 29 reads: "Objects for the production, processing and storage

explosives ".



42. In section 29 para. 1, after the words "can be stored" words

"produce or handle ^ 8)" and deleted "(hereinafter referred to as" warehouses

explosives ")".



43. section 29 para. 3 read as follows:



"(3) in facilities where explosives are stored (hereinafter referred to as

"magazines"), manufactured or processed, is allowed to be stored,

produce, process or test only the types and quantities of

the explosives, which are laid down in decision kolaudačním or in

the decision to allow the use of objects. ".



44. In section 29 para. 4 deleted sentence: when setting up a separate file vaults

on the surface, it shall follow the technical standards 16) ", and deleted

"under the surface".



45. In § 32 para. 7 are deleted the words "under the surface".



46. section 33 para. 5 is added:



"(5) the details of the explosives evidence establishes the Czech mining Office in General

binding legislation. ".



47. In article 34, paragraph 2 shall be deleted.



48. In § 34 paragraph 1. 4, the words "of explosives to blast, their

disposal or destruction shall be replaced by the activities referred to in section 35 "and

at the end of paragraph connects the sentence: "the competence of the other

people assessed by the district mining Office competent according to the place of residence of the

people, if these persons are not authorised in accordance with section 36. ".



49. In article 35, paragraph 2, the following paragraph 3 is added:



"(3) destroy and dispose of explosives in the process of their manufacture or

processing, including research, development, and experimental production may only

21 years or older that have permissions pyrotechnics. ".



The former paragraph 3 shall become paragraph 4.



50. section 35 para. 4 is added:



"(4) for the purpose of training may perform the works referred to in paragraphs 1 to 3

other persons than the Blasters, technical lead, blasting Blaster

Fireworks and the bomb disposal unit, which has designated in writing to the Organization, and it

only under the supervision of střelmistra, technical head of the blasting, the launchers

Fireworks or pyrotechnics. ".



51. § 36 odst. 2 is added:



"(2) the competence and authority to assess the performance of the

the launchers of fireworks and pyrotechnics is issued by the district mining Office. ".



52. § 36 odst. 4 and 5 are added:



"(4) Teaching people for the test referred to in paragraph 3 ensures the Organization

in charge of the Czech Mining Authority.



(5) the curriculum and texts for teaching and testing schedules issued by approved

The Czech mining Office. ".



53. In § 36 odst. 6, after the words "blasting works" the words

"Fireworks operations and disposal and destruction of explosives in the process

production and processing of explosives ".



54. In paragraph 36 to the end of the attached paragraph 7 is added:



"(7) the Czech mining Office be established in agreement with the Ministry of industry of the Czech

States the requirements for the qualifications and competence of staff

the manufacture and processing of explosives generally binding legislation. ".



55. under section 36 shall be inserted a new section 36a, which including the title reads as follows:



"§ 36a



The duties of organisations producing and processing of explosives



(1) The organization producing the explosives shall apply mutatis mutandis to the provisions of

§ 5 para. 4 to 6, § 6 (1). 1 the first sentence of paragraph 6, paragraph 2. 2 the first sentence of section 6

paragraph. 3 and § 8 para. 1 and 2.



(2) The organization handling the explosives shall apply mutatis mutandis

the provisions of § 6 (1). 1 the first sentence of paragraph 6, paragraph 2. 2 the first sentence of § 8 para. 1

and (2) ".



56. § 37 including heading reads as follows:



"§ 37



Special provisions



The provisions of § 21-36a shall not apply to the use of explosives,

pyrotechnic products and equipment in the armed forces and the armed

Security Corps. ".



57. In § 38 paragraph 1(a). 1 and 3 are deleted the word "Socialist".



58. In § 39 para. 1 (b). a), the words "as well as" the words

"the production of explosives and"; the words "in mining activities and the activities carried out by

using mining techniques "shall be replaced by the words" for blasting works and ohňostrojným

the works ".



59. In § 39 para. 1 (b). (b)) at the end of the text, the words "and when you connect

the manufacture of explosives and the use of explosives for blasting works and ohňostrojným

the works ".



60. In § 39 para. 2, the words "and communications" shall be replaced by "Federal

the Ministry of communications '; deleted, the words "and the environment" and

the "Socialist"; in the fourth line, delete the word "national".



61. In § 39 para. 2 at the end of the following sentence: "the State Superintendence


Mining Authority does not affect the environmental supervision of mining carried out by

the Ministry of environment of the Czech Republic. ".



62. In article 39, paragraph 5 shall be deleted.



63. In section 40 para. 3 (b). and), the word "rational" is replaced by

"efficient".



64. In section 40 para. 3 (b). (c)), the words "of the main mine rescue

stations and district mine rescue stations "are replaced by the words

"revírních mine rescue stations."



65. section 40 para. 5 (b). a) is added:



"and the summary records of mining) areas and their amendments,".



66. In section 40 para. 5 are deleted (b)), and (c)).



Subparagraph (d)) shall become point (b)).



67. In § 41 para. 1 (b). and) the words "the use of explosives in mining

activities and activities carried out using mining techniques "shall be replaced by

"production of explosives and the use of explosives for blasting works and ohňostrojným

the works ".



68. In § 41 para. 1 (b). (b)), and (c)), the words "social" and

"society's" shall be replaced by "General" and protected by law

"the law protected the General".



69. In § 41 para. 1 (b). (d)), the words "of the main mine rescue

stations and district mine rescue stations "are replaced by the words

"revírních mine rescue stations."



70. § 41 para. 2 is added:



"(2) the district mining offices on



and), amended or revoke the mining premises and keep their records,



(b) authorize the preparation of the otvírku,) and mining of deposits and in the

specific cases, search and exploration of mining parts; before

stoppage of an operation in mining and quarries to permit their reinsurance

or authorize the disposal of main mine workings and quarries,



(c)) may require a copy of or additions to důlněměřické and geological

documentation, if missing, if they are incomplete or if they are in one of the fault,



(d)) shall authorize the special intervention in the Earth's crust and the collateral or liquidation

old mine workings,



e) ordering that part of the exclusive bearing in a mining area

the Organization has earned another organization or to set up an organization's

the work of mining in the mining area of another organization if it is from the

for the public interest, in particular the safety of operations, strictly necessary;

as they progress, if it is essential to the common use of mine

works and equipment,



f) shall establish the necessary measures, in particular the order and how to pry

deposits, if otvírkou, preparation and exploitation was

vulnerable to the operation or use of the deposits in the mining area

another organization,



g) allow mining deposits of non-reserved minerals,



h) permit blasting when mining activities and the activities carried out by

using mining techniques and blasting work in other activities and

ohňostrojné work,



I authorize the construction, location) and the use of warehouses of explosives in the cases and under the

the conditions laid down in section 31,



j) control the implementation of the inspections and tests of the technical installations,



to fulfil other tasks) arising for them from the top of the Act, this law

and other generally binding legal regulations. ".



71. In § 42 para. 2 (a). (b)), the words "social interest"

replaced by the words "legally protected the general interest".



72. In § 44 para. 11 deletes the word "Socialist".



73. in paragraph 44, the following new section 44a is inserted:



"§ 44a



The authorities of the State Mining Authority discussed violations in the area of protection and

utilization of mineral resources and the use of explosives in the administrative procedure

According to the General regulations of the provincial offences Act. ^ 9) ".



74. In paragraph 46, the words "and section 40 para. 5 (b). (d)) "shall be replaced by" and section 40

paragraph. 5 (b). (b)) ".



1) § 5 and 11 of Act No. 44/1988 Coll., on the protection and utilization of mineral resource

wealth (the top Act), as amended by Act No. 553/1991 Coll.



Act No. 62/1988 Coll., on geological works and about the Czech Geological

the Office, as amended by Act No. 553/1991 Coll.



2) Eg. Act No. 513/1991 Coll., the commercial code, Act No. 445/1991

Coll., on trades (Trade Act), Act No 111/1990

Coll., on State enterprise, as amended.



3) Eg. Act No. 138/1973 Coll. on waters (Water Act), Act No.

50/1976 Coll., on zoning and the building code (the building Act),

Act No. 20/1966 Coll., on the health care of the people, as amended by Act No.

548/1991 Coll., Act No. 62/1988 Coll., as amended by Act No. 549/1991

SB.



4) Act No. 62/1988 Coll., as amended by Act No. 553/1991 Coll.



5) § 32 and 33 of Act No. 50/1976 Sb.



6) DIN 66 8001 Nomenclature of explosives.



7) Act No. 146/1983, Coll., on arms and Ammunition Act, as amended by Act No.

49/1990 Coll.



8) DIN 26 9020 warehousing of explosives and products containing explosives.



CSN 66 8002 výbušinářských Operation of laboratories, test facilities, and firing ranges.



On the establishment of factories, 73 5721 laboratories and testing of explosives or

products containing explosives.



9) Act No. 200/1990 Coll. on offences.



Article II



1. mining of non-reserved minerals Permit issued pursuant to the

the existing regulations ^ 10) shall be deemed to permit mining of bearings

non-reserved minerals under this Act.



2. an authorisation to receive explosives issued by the competent authorities in accordance with

the existing regulations is deemed to be a permit under this Act.



3. launch tube Fireworks and permissions Permissions pyrotechniků released

under the previously applicable provisions shall be construed as permission issued in accordance with

of this Act.



Article. (III)



Shall be deleted:



1. Government Regulation No. 92/1988 Coll., on conditions for the rational

the use of non-reserved minerals deposits.



2. section 31 of Act No. 425/1990 Coll., on district offices, edit their

the scope of and about some of the other related measures and pol.

# 43 and # 67 of annex I to this Act.



3. § 6a (a). a) and b) of Decree Law No 20/1954 Coll. on the Organization of the

the State Mining Administration, as amended by law No. 61/1965 Coll. and Act No.

24/1972 Sb.



Article IV



The Bureau of the Czech National Council shall be empowered, in the collection of laws

the full text of the law was announced by the Czech National Council No. 61/1988 Coll., on

mining activities, explosives and the State Mining Administration, as is apparent from the

changes and additions carried out by later laws.



Article. In



This Act shall take effect on the date of publication.



113. in r.



Pithart in r.



10) § 71 to 74 of the Act No 50/1976 Sb.

Related Laws

1988 Mining Act