541/1991.
LAW
The Czech National Council
from day 4. December 1991,
amending and supplementing Act No. 44/1988 Coll., on the protection and use of
mineral wealth (the top Act)
The Czech National Council concluded on this Act
Article. (I)
Act No. 44/1988 Coll., on the protection and use of the mineral wealth (the top
of the Act), is hereby amended and shall be supplemented with the efficiency for the Czech Republic as follows:
1. In article 1, paragraph 1 shall be deleted and in paragraph 2, the word
the "rational" is replaced by "rational". At the same time repealed
the numbering of the paragraphs.
2. section 3 (3). 3:
"(3) in doubt, whether any one mineral is a mineral reserved or
nevyhrazeným, decides the Ministry for economic policy and development
The Czech Republic, in agreement with the Ministry of environment of the Czech
Republic. ".
3. the title of section 4, including:
"section 4
Focus minerals
Bearing minerals under this law (hereinafter referred to as "focus") is a natural
the buildup of minerals, as well as základka in the underground mine, an abandoned dump,
spoil heap or tailings ponds, which originated the mining activities of the ^ 1) and contain
minerals. ".
1) section 2 of the CZECH NATIONAL COUNCIL Act No. 61/1988 Coll. on mining activities, explosives and
the State Mining Administration, as amended by Act No. 542/CNR 1991.
4. the title of section 5, including:
"§ 5
Mineral wealth
(1) the mineral rights under this Act, forming a dedicated
minerals (hereinafter referred to as "exclusive").
(2) the mineral rights in the territory of the Czech Republic is in the ownership of the Czech
Republic. ".
5. in section 5, the following new section 5a is inserted:
"§ 5a
Organization
Legal and natural persons in the framework of the business activity of the ^ 2) in the
compliance with the conditions laid down by law, perform a search,
the exploration or quarrying exclusive bearings or other mining activities,
shall be considered as the organization under this Act. ".
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 the State of the enterprise, in the wording of later regulations.
6. section 6, including the title:
"section 6
Exclusive focus
(1) if it is a reserved mineral in quantity and quality, which allow you to
reasonably expect its buildup, the Ministry for economic issues
policy and development of the Czech Republic, a certificate of the exclusive bearing.
(2) a certificate of the exclusive bearing shall send the Ministry for economic
policy and development of the Czech Republic, the Ministry of the environment
The Czech Republic, the district mining Office, the authority of a territorial planning,
building Office and the Organization, for which the search was carried out, or
a survey of the exclusive bearing. ^ 3) ".
3 the law of the CZECH NATIONAL COUNCIL) No. 62/1988 Coll., on geological works and the Czech
geological Office, as amended by law the CZECH NATIONAL COUNCIL. No 543/1991.
7. In article 7, paragraphs 1 to 3 are deleted. In paragraph 4 are deleted
the words "until it is determined that it is appropriate for the needs and the development of
the national economy, ". At the same time repealed paragraph numbering.
8. The title of part the second: "the obligations of the Organization in the use of
exclusive bearings ".
9. section 8:
"section 8
If it will not be the sole focus after their search and survey
This will ensure its protection, and the registration of the legal person,
entrusts the Ministry for economic policy and development of the Czech Republic
(section 17 (2)). ".
10. Article 9 is deleted.
11. under the Heading of section 10 shall be deleted.
12. In section 10, paragraph 1. 1 in the introductory sentence, the words "the sole Administrator of the bearing
is obliged to "shall be replaced by the words" the organization is required to ".
13. In section 10, paragraph 1. 1 (a). (e) the words "are deleted) after taking an exclusive
bearings for mining ".
14. In section 10, paragraphs 2 and 3 are deleted; at the same time repealed numbering
paragraphs.
15. the heading of part three: "Bearing the exploration and management of
inventory of exclusive bearings ".
16. section 11 (1). 1:
"(1) search and exploration of exclusive bearings can carry out organization
in the territory, the extent and time provided for in the authorisation issued under special
legislation. ^ 3) ".
17. In section 11 paragraph 2 deleted former paragraph 3 shall become
as paragraph 2. In the provisions under the letter d), the words "for other important
social interests "shall be replaced by the words" other legally protected General
interests. "
18. In article 11, paragraph 2, the following new paragraphs 3 and 4 are added:
"(3) the Organization shall be entitled to dispose of minerals obtained in the
searching and exploration of an exclusive range of bearings and conditions
laid down in the authorisation issued under special legislation. ^ 3)
(4) Organization, which established the territory for search and exploration
the exclusive bearing, the annual remuneration of the territory according to the specific
legislation. ^ 3) ".
19. In article 11, paragraphs 4 and 5 become paragraphs 5 and 6.
20. In section 11 (1). 6, the words "Republic of the Central geological authority"
replaced by the words "Ministry for economic policy and development of the Czech
of the Republic, in agreement with the Ministry of environment of the Czech Republic
and the Czech Mining Authority "and the word" rational "shall be replaced by the word
"efficient".
21. section 12 including title:
"section 12
Notification of a natural accumulation of reserved mineral
Who finds outside the allowed search (section 11) natural accumulations of
the reserved mineral, it is obliged to immediately notify the Ministry responsible for
economic policy and the development of the Czech Republic. ".
22. section 13 including the title:
"section 13
Stocks of sole and the conditions of its usability
(1) the stocks of sole and are bearing the certified amount
reserved minerals bearing or its parts, corresponding to the conditions
usability, vez regardless of loss in his conquest.
(2) the basis for calculation of the inventory are the exclusive bearing conditions
usefulness of the inventory. Stocks are a set of conditions for usability
indicators of quantity, quality, geological, minerals, on mining-technical,
environmental and other indicators, which assesses the suitability of stocks
exclusive of the bearings to use. ".
23. In section 14, paragraph. 1 in the second sentence, the words ", where appropriate, Permanent
user the exclusive bearing "shall be replaced by" organization ".
24. section 14 paragraph. 2 is added:
"(2) stocks of sole stocks in the calculations, the bearings be classified
and according to the degree of prozkoumanosti) exclusive of the bearing and
storage conditions or its parts, quality and technological properties
minerals and on mining-technical conditions on reserves of prospected and stocks
explored. If the exclusive bearing a few commercial components,
classified their stocks depending on the degree of their
prozkoumanosti and knowledge,
(b)) under the terms of usability on-balance sheet reserves, which are
usable in the present and comply with the current technical and economic
conditions of use of the exclusive bearing and nebilanční, that are in the
currently unusable ones, because do not comply with the current technical and
economic conditions of use, but they are presumably useful in
the future with regard to the expected technical and economic development,
(c) according to the admissibility of the conquest), which is the subject of technology
mining, safety and protective pillars, laid down on the loose
and bound. Stocks stocks are bound in the protective pillars of surface and
underground constructions, equipment and mines, as well as in the pillars
laid down to ensure the safety and protection of the right protected
interests. Other stocks the stocks are free.
In the calculation of inventory, which is part of the proposal to permit mining
activities (section 24 (1)), the Organization of the inventory, which is planning to
extract (hereinafter referred to as "stocks of vytěžitelné"). Vytěžitelné stocks are
balance sheet stocks less the value of the anticipated mining losses
related with the chosen technology of mining or due to natural
conditions. ".
25. section 14 paragraph. 3:
"(3) the calculation of the bearing and its exclusive inventory assessment provides
the organization. Calculate inventory exclusive bearings with an assessment sends
Organization of Ministry for economic policy and development of the Czech
Republic and the district mining Office. ".
26. In section 14 are deleted paragraphs 4, 5 and 7. So far
paragraph 6 is renumbered as paragraph 4 and shall read:
"(4) the classification of the inventory, and the procedure for calculation of the inventory of exclusive and
in more detail the elements for the calculation of the adjusted Department of economic
policy and development of the Czech Republic generally binding legal regulation. ".
27. under section 14 shall be added to § 14a, 14b and 14 c, which including headings
added:
"§ 14a
The write-off of inventory of exclusive bearings
(1) Depreciation of stocks means the exclusive bearing their exemption from registration
stocks or their transfer from inventory balance in the inventory nebilančních.
(2) stocks of the exclusive bearing can be depreciated
and particularly complex reasons) on mining-technical, safety or
geological characteristics related with the natural conditions or
arising from unforeseen events,
(b)) in the case of supplies of exclusive bearing pry not
economically efficient,
(c)) in the case of stocks, whose conquest would threaten legally protected
general interests, in particular the protection of the environment and the importance of the protection of
exceeds the interest to pry out of these stocks.
(3) Nebilanční stocks of sole it is possible to write off the bearings, if not
the premise of their use in the future.
(4) for the reason of the depreciation of stock shall not be considered exclusive of the bearing changes in
inventory caused by
and by refining the existing) complementing and knowledge about the development of the bearing and its
stocks of exploration and new knowledge discovered otvírkou, preparation and
the opening show is the geological documentation (section 39),
(b)) vydobytím; demonstrate the geological documentation and records
mining,
(c)), mining losses, which include stocks in nevydobyté even
part of the bearings, and are not depreciated, and minerals exported with
tailings on the waste pile or on the dump; demonstrate the geological documentation
and the records of mining,
(d)) under the new conditions of the inventory review usability, new
the approved inventory calculation or binding or releasing stocks
demonstrate the determination of the new conditions of usability with the competent
review the inventory or the approval of the new calculation, inventory, or
a decision on binding or release of stocks,
e) submitting or by taking bearings; demonstrate the proof of transmission
the exclusive bearing or its parts.
section 14b
The proposal for the depreciation of stocks an exclusive bearings
(1) where the Organization processing the documentation of the construction of the mine, or
the quarry, developing the plan, the preparation and development of exclusive bearings, plan
ensure the mines and quarries or liquidation of main mine workings and
quarries,/4/as well as in their implementation, it is not possible or appropriate to
make the most of the reasons listed in section 14a paragraph. 2, he shall submit a proposal for their
the depreciation.
(2) a proposal for writing off inventory also serves the exclusive bearing the appropriate
State administration bodies in the field of the environment. The completeness of the proposal on
depreciation of stocks an exclusive organization shall ensure that the bearings.
(3) a proposal for writing off the exclusive bearing contains
and the name and address of organization),
(b) the amount of the balance sheet and nebilančních) inventory designed to depreciation
blocks of stocks and categories, their qualitative characteristics and design,
whether they should be excluded from the stock records, or whether the balance sheet inventory to be
converted to inventory nebilančních,
(c)) the reasons for which stocks they propose to depreciation,
d) maps and slices, with clearly marked parts of bearings, in which the
proposes a depreciation of stocks, and in four copies,
(e)) for more graphic and documentary evidence of the bearing and inventory designed to
the depreciation needed to design a more detailed justification,
(f) the opinion of the district mining Office) and the local authorities of the Ministry of
the environment of the Czech Republic.
§ 14 c
The decision to write off the reserves in the listed bearings
(1) on the proposal for the depreciation of stocks in the exclusive bearing period
Search and survey of the Ministry for economic exclusive bearings
policy and development of the Czech Republic, with the consent of the Ministry of the environment
the environment of the Czech Republic; in the period of designing and construction of mines and quarries
during the conquest of the exclusive bearing decides on the depreciation of the Ministry for
economic policy and the development of the Czech Republic, after consultation with the Czech
Mining Authority.
(2) on the proposal for a small amount of stocks depreciation, exclusive of the bearing
shall be decided by the district mining Office. A small amount of inventory means the quantity
stocks not exceeding in any calendar year overall, 5 percent of the planned annual
mining at the deposit, but not more than 100 000 in case t or 50
000 m3 and for 500 000 m3 of natural gas.
(3) the decision to write off inventory contains the exclusive bearing
and the amount of inventory, odepisovaných) to their local destination and brief
rationale for depreciation,
(b) whether the decision) odepisované supplies exempt from the stock or the
that are transferred from the balance sheet inventory to inventory nebilančních,
(c) measures to protect stocks) transferred from the balance sheet inventory to inventory
nebilančních, with regard to the possibility of their subsequent use.
(4) on the proposal for the depreciation of stocks an exclusive bearings decide to the authorities referred to
in paragraphs 1 and 2 within one month from the date of the submission of the proposal.
(5) a decision to write off inventory, with the exclusive bearing one copy
the documents referred to in section 14, it shall send the Ministry for economic policy
and the development of the Czech Republic, the claimant and the district mining authority;
the decision to write off a small amount of stocks shall send the district mining Office also
the Ministry for economic policy and development of the Czech Republic.
The approved write-off of inventory in the exclusive bearing the applicant shall indicate the permissible
geological surveying and documentation.
(6) Organization, which will propose the write-off of inventory, not the exclusive bearing
dispose of the technical equipment needed to pry out of stocks designed to
depreciation and cancel the access to them, as long as it has not received a decision on writing-off, with the
except where required by the safety and health protection
When work. ".
28. In section 15(2). 1 the words "Central geological body of the Republic"
replaced by the words "by the Ministry for economic policy and development of the Czech
of the Republic and the Ministry of the environment of the Czech Republic "
deleted the words "and the central body of State administration, in whose
the scope includes special ^ 4) search and exploration
exclusive bearings ". The word "mainstream" shall be replaced by the words
"the law protected the General".
4) § 10 of the CZECH NATIONAL COUNCIL No. 61/1988 Coll. as amended by Act No. 542/CNR 1991.
Decree of the Czech Mining Authority no 104/1988 Coll., on a rational
use of the exclusive bearing on permitting and reporting of mining
activities and reporting activities carried out using mining techniques.
29. In section 15(2). 2, the words "with the Central geological authority of the Republic of
and the central authority of the State mining authority of the Republic "shall be replaced by the words" with the
the Ministry of environment of the Czech Republic, the Ministry for
economic policy and the development of the Czech Republic and with the district mining
the Office ".
30. In section 16, paragraphs 4 and 6 are deleted.
31. section 17(2). 1 and 2:
"(1) a protected deposit territory provides the Ministry of the environment
A decision issued by the Czech Republic in cooperation with the Ministry for
economic policy and the development of the Czech Republic, the regional mining authority
and in agreement with the authority of the territorial planning and building Office.
(2) the procedure for the determination of the protected area will start on the design
organization or on the initiative of the authority of the State administration. The proposal shall be
certificate of deposit and the boundaries of the exclusive design protected housing
territory. ".
32. In § 17 paragraph. 3, in the first sentence, the words ", where appropriate, Permanent
user the exclusive bearing "shall be replaced by the" petitioner "and the second
the words "the authority of the State mining authority of the Republic of the Central Geological
the authority of the Republic, to the competent central authority "shall be replaced by the words
"the Ministry of the environment of the Czech Republic." In the third and fourth
sentence, the words "the authority of the State mining authority of the Republic" shall be replaced by the words
"the Ministry of the environment of the Czech Republic."
33. In § 17 paragraph. 4, the words "the authority of the State mining authority of the Republic"
replaced by the words "the Minister of the environment of the Czech Republic."
34. In section 17(2). 6, the words "the authority of the State mining authority of the Republic"
replaced by the words "the Minister of the environment of the Czech Republic."
35. In § 17 paragraph. 8, the words "the central authority of the State Mining Authority
Republic of "shall be replaced by the Czech Ministry of the environment
of the Republic ".
36. In section 18, paragraph. 2 in the first sentence, the word "collective" is replaced by
the words "by the law protected the General".
37. In section 19, paragraph. 1, the words "the authority of the State mining authority of the Republic"
replaced by the words "of the Ministry of the environment of the Czech Republic,
issued after consultation with the district mining Office. "
38. In section 19, paragraph. 2 the words "the authority of the State mining authority of the Republic"
replaced by the words "of the Ministry of the environment of the Czech Republic"
the words "sole Manager of the bearing and the consent of the central authority of the State
the Administration, in whose jurisdiction the exclusive administrator of the bearing belongs to or
the approval by the designated authority "shall be replaced by the word" enterprise ".
39. Part five shall be deleted.
40. In section 23, paragraph. 2 (a). and), the word "rational" is replaced by
"economical".
41. section 23, paragraph. 2 (a). (g)):
"(g)) a comprehensive solution to the territory of the affected mining activities, especially
solution of relations to other sectors, the owners sent
real estate and general interests protected by law, 5) and not only in terms of
the direct consequences of the upcoming investment construction, but also in terms of
the consequences associated with the use of exclusive bearings, indicating the objects and
the device, which will be necessary to plan a replacement. "
42. In section 23, paragraph 6 shall be deleted. the present paragraph 7 shall become
as paragraph 6.
43. section 24 of the title:
"§ 24
Permission to conquering the exclusive bearing
(1) Authorized the Organization to conquering the exclusive bearing arises
by determining the total area. Start conquering the exclusive bearing in
However, the constriction may set the organization up to the Edition
to enable district mining Office. 4)
(2) for the submission of the proposal on the fixing area must have
the prior consent of the Department of Organization for economic policy and
the development of the Czech Republic. The prior approval of the Ministry for
economic policy and the development of the Czech Republic to bind to the fulfilment of the
conditions relating to the formation of a single mineral policy of the Czech
of the Republic. These conditions shall include in the decision on the determination of the total
space.
(3) Priority in obtaining prior consent for the establishment of
the area has the Organization for which the survey was conducted with the exclusive bearing
or that the survey of the exclusive bearing financially involved. This
priority claim may apply the Organization as soon as possible after approval of the calculation
exclusive stock bearings (section 14 (3)), but not later than one
year from the expiry of the authorisation of geological work to search for
and a survey of the exclusive bearing, at the Ministry for economic
policy and development of the Czech Republic.
(4) in other cases, the Ministry for economic policy and
the development of the Czech Republic shall decide on the granting of prior approval to the
the basis of the outcome of the assessment of the proposals between two or more candidates
determination of the total space, and taking into account that the proposal
guarantees a better use of the exclusive bearing and protection of legally protected
general interests.
(5) the Organization shall be entitled to dispose of vydobytými minerals in the range and
under the conditions laid down in the decision on the determination of the total space.
(6) If the Organization, which was founded with the exclusive permission to the conquest
bearings in accordance with paragraph 1, the requested within three years from the time of this
permission of the district mining office permit mining activity, can
the district mining Office decide that the Organization withdrawing permission. ".
44. In article 25, paragraph 1 is deleted. Paragraphs 2 to 4,
renumbered as paragraphs 1 to 3.
45. In section 25, paragraph. 1 the word "rational" replaced by the word "economically".
46. In section 25, paragraph. 3 the second sentence is deleted.
47. In section 26, paragraph. 2 the words "the central authority of the State Mining Authority
of the Republic "shall be replaced by the words" the district mining Office. "
48. section 27 including the title:
the "section 27
Determination, changes and cancellation of space
(1) the mining area and its amendments provides for the district mining Office in
cooperation with the relevant authorities of the State administration, in particular, in agreement with the authorities of the
the environment and with the authority of the territorial planning and building Office.
(2) in determining the specific area (section 25 (3)) must
be accompanied by a proposal for its determination of expression of the Organization, for which the
the mining area has been established. If it is from the point of view of rational
the use, environmental impacts and safety must be determined
the district mining Office, the necessary measures, in particular the order and way to pry
exclusive of the bearings.
(3) the decision on the determination of the total space shall indicate whether or not the term
beginning of the conquest of the exclusive bearing. The validity of the decision on the determination of the
the total area is limited, if the decision is not
unless otherwise provided for.
(4) the district mining Office may, under the conditions referred to in paragraph 1 of the draft
organization or on its own initiative the mining area change, if they are
for compelling reasons of general interest protected by the law.
(5) if the proposal for the establishment or modification of the area
touching the interests protected by specific provisions, ^ 5) discuss
the Organization, which has the exclusive focus, determination to conquer the conditions
the total area with the institutions and natural and legal persons to whom the
the protection of these interests concerned, in accordance with these regulations. These
authorities, natural and legal persons are obliged to their comments,
requirements and opinions may apply within one month for the Organization, which
the setting or change of space requested.
(6) the establishment and change of the area is the decision on the use of
territory in the scope of its definition on the surface. ^ 6)
(7) the organization may contractually transfer the mining area to another
the Organization after previous consent of the district mining authority; the provisions of the
section 24, paragraph. the three-year time limit for 6 of the request for authorisation of mining activities
here shall apply mutatis mutandis. Convert area, supported by stejnopisem
of the Treaty, it shall notify the transferring organization district mining Office.
(8) the district mining Office, under the conditions referred to in paragraph 1 mining area
on the proposal of the organization or on its own initiative if the conquest
the exclusive bearing ended or has been permanently stopped.
(9) the details of the proposals, mining areas and the procedure for their
determination, changes, cancellation and registration establishes the Czech mining Office in General
binding law. ".
5) Eg. the CZECH NATIONAL COUNCIL Act No. 367/1990 Coll., on municipalities (municipal establishment), law
The CZECH NATIONAL COUNCIL No. 425/1990 Coll., on district offices, modify their scope and
some of the other related measures, law No. 51/1964 Coll.
on rail, and Decree of the Ministry of transport and the Central Mining Office
No 28/1967 Coll., laying down rules for contact with mining
activities, Act No. 110/1964 Coll., on telecommunications, Act No. 20/1966
Coll. on health care to the people, Act No. 138/1973 Coll. on waters (water
Act), Act No 61/1977 Col., on forests, Act No. 53/1966 Coll., on the protection of
agricultural land fund, as amended, law No.
40/1956 Coll., on State nature protection, as amended,
the CZECH NATIONAL COUNCIL Act No. 20/1987 Coll. on State care monument
6) § 32 Act No. 50/1976 Coll., on the territorial planning and building regulations
(the building Act).
49. section 28 paragraph. 1 and 2:
"(1) the procedure for the determination of the total cancellation, change and area (
"the procedure for the determination of space") launches on the proposal
organization or on the initiative of the district mining Office. The proposal shall:
and the decision on the determination of protected) area,
(b) the prior consent of the Ministry) for economic policy and development
The Czech Republic issued under section 24, paragraph. 2,
(c) proof that the Organization) may carry out mining activities,
(d) documents and documentation set) the implementing provisions for this
law, where applicable, specific provisions. ^ 5) district mining Office can
to provide that the draft be accompanied by other documents necessary for the reliable
assessment of the proposal, especially from the perspective of the protection and rational use of
the exclusive bearing the consequences of its conquest, as well as from the point of view of the impact of
the law protected the general interests,
(e)), the list of natural and legal persons that come into consideration as
the participants in the proceedings and the claimant are known.
(2) participants in the proceedings about the determination of the area are the projector,
natural and legal persons whose property rights and other rights to
land or buildings may be a decision on the determination of the total
the area directly affected, the municipality in whose territorial jurisdiction the mining
the space is located, and the village, whose territorial districts may be fixing
the total area affected. ".
50. In section 28 paragraph. 3 to 8, the words "the competent central authority" shall be replaced by
the words "district mining Office."
51. In section 28 is added at the end of paragraph 9, which reads as follows:
"(9) district mining Office may initiate the procedure for the determination of the total
space, even if they are not available for all documents, and
the documentation referred to in paragraph 1 (b). (d)), and (e)). At the same time lays down the Organization of the
the time limit for the completion of the design. If the proposal was not completed in the specified
the time limit, the district mining Office procedure for the determination of the total mining area
stops. ".
52. section 29, including the title:
"§ 29
The registration of
(1) the registration of the certificate of the exclusive bearing leads the Ministry of
economic policy and the development of the Czech Republic.
(2) the registration of the protected territory leads the Ministry of housings
the environment of the Czech Republic.
(3) the registration of mining areas and their changes leads the district mining Office
in the books of the mining areas. The summary records of mining areas
leading Czech Mining Institute.
(4) Ministry for economic policy and development of the Czech Republic
leads comprehensive stock exclusive bearings and according to this register
inventory balance leads mineral resources of the Czech Republic.
(5) the authorities referred to in paragraphs 1 to 4 to inspect the register,
where appropriate, provide the necessary information from this register or extracts
natural and legal persons who demonstrate that they need for the performance of
their duties or to exercise and protect their rights. Intact
provisions on the protection of the State remain, economic and service
secret. ^ 7)
(6) Ministry for economic policy and development of the Czech Republic
Adjusts the detail record inventory of exclusive bearings in General
binding law. ".
7) Law No 102/1971 Coll., on the protection of State secrets, in the text of the Act
No 383/1990 Coll., Regulation of the Government of the Czechoslovak Socialist Republic
No 148/1971 Coll., on the protection of the economic and professional secrecy, in the
the text of the regulation of the Government of the Czech and Slovak Federal Republic No.
420/1990 Coll., regulation of the Government of the Czech and Slovak Federal Republic No.
419/1990 Coll., of the essential facts constituting the subject of the State
the secret.
53. In section 30, including the title, the word "rational" is replaced by
"economically".
54. In section 30, paragraph. 5, the words "the central authority of the State Mining Authority
of the Republic "shall be replaced by the words" the district mining Office "and deleted the words
"the rational use of the exclusive bearing or the" and the words "after the
consultation with the relevant central authorities ". In paragraph 7, the words
"the central authority of the State mining authority" shall be replaced by the words "Czech mining
the Office ".
55. In section 31, paragraph. 1, the word "shall" be replaced by the word "entitled".
56. In section 31, paragraph. 2 in the first sentence, the words "the competent central authority,
the central authority of the Republic and the geological institution of the State Mining Authority
Republic of "shall be replaced by the words" Ministry for economic policy and
the development of the Czech Republic and the district mining authority; in the second sentence, the
the words "the competent central authority" shall be replaced by the words "the district mining Office"
and in the second and third sentence, the word "rational" is replaced by
"economical".
57. In section 31, paragraph. 3, in the first sentence the words "and are deleted in the justified
cases even outside the mining area ".
58. In section 31, paragraph. 4 (b). (b)) are deleted, the words "transfer and management" and
the words "and also for the purpose of rehabilitation."
59. In section 31 is the end of the attached new paragraphs 5 and 6 shall be added:
"(5) the organisation shall ensure that all remediation of land concerned
mining. Redevelopment of the land released during the extraction is carried out according to the
developing the plan, the preparation and extraction (section 32). For remediation is considered to be
the damage to the landscape of the comprehensive editing territory and territorial structures.
(6) to ensure the activities referred to in paragraph 5 is an organization required to
to create a reserve of financial resources. The amount of the reserves created by the score
the cost must match the needs of rehabilitation of the land affected. ".
60. In § 32 paragraph. 1 the word "required" is replaced by "which was
permissions ".
61. In § 32 paragraph. 2 the word "rational" replaced by the word "economically".
62. In § 32 paragraph. 3, the words "the central authority of the State Mining Authority
of the Republic "shall be replaced by the words" the district mining Office "and deleted the words
"in conjunction with the competent central authorities".
63. In § 32 paragraph. 5, the words "the central authority of the State Mining Authority
Republic of "shall be replaced by" the Czech mining Office. "
64. under section 32 shall be added to § 32a, which including the title:
"section 32a
The remuneration
(1) the organization is required to pay on behalf of the district
Mining Authority ^ 8) annual payment from the total area of 10 000 Czech Crowns
per km 2 of area area started in the definition of the
surface. For small mining areas to 2 hectares is the annual payment
2000 Czech Crowns. This payment converts the district mining Office village, on whose territory the
the mining area is located. If the mining area located on the territory of the
more villages, divides the district mining Office income in proportion to the part of the
the total area of the territory of the individual municipalities.
(2) the organization is required to pay on behalf of the district
Mining Authority annual payment from seized reserved minerals or
reserved minerals after their treatment and processing carried out in the
with respect to their exploitation (hereinafter-minerals "). The remuneration
shall not exceed 10% of the market price of minerals-won. Decisive is the average
market price in the year in which the reserved minerals cut.
The Ministry for economic policy and development of the Czech Republic in
the agreement with the Ministry of Finance of the Czech Republic provides for minerals,
which is not known to the market price, the basis for calculating the remuneration of the seized
minerals.
(3) the Ministry for economic policy and development of the Czech Republic in
the agreement with the Czech Mining Authority and in consultation with the authorities involved
State administration and with the consent of the municipalities whose territories are affected, may, in
justified cases, in particular in support of mining activities and in the interest of
exploitation of mineral wealth, on the request of an organisation to reduce the remuneration of
grown from minerals, or even allow the exemption from this payment.
(4) from the proceeds of the remuneration referred to in paragraph 2 of the district mining Office converts 50% of the
to the State budget of the Czech Republic ^ 9) and 50% for the budget of the municipality, on the
whose territory the mining area is located. If the mining area
located on the territory of several communes, divides the district mining Office under
the share of mining, which falls within the territory of the municipalities in the
the year.
(5) the obligation of the payments referred to in paragraphs 1 and 2, the calendar year begins
following the year in which the mining area was established.
The repayment obligation referred to in paragraph 1 shall end by clearing the area.
(6) if the organization does not pay the remuneration referred to in paragraphs 1 and 2 or
bears in the specified amount, is required to pay for each day of delay
penalty in the amount of 0.1% of the outstanding balance of the relevant amount. The Organization, which
remuneration does not pay or within a reasonable time limit set by the replacement circuit
mining Office, the district mining Office permission to conquering the exclusive
remove the bearings. In this case, shall ensure protection and registration
the exclusive bearing legal person, which it entrusts the Ministry of
economic policy and the development of the Czech Republic.
(7) the remuneration referred to in paragraphs 1 and 2, including the finance charge referred to in paragraph
7 calculate the Organization, which was founded with the exclusive permission to the conquest
bearings (section 24 (1)).
(8) the payment of amounts recoverable referred to in paragraphs 1 and 2 and the finance charge referred to in paragraph 7
check the district mining offices. Without prejudice to the rights of control
authorities in accordance with special regulations.
(9) the amount of remuneration referred to in paragraph 2 for each species-won
minerals and details of payment payments referred to in paragraphs 1 and 2, including
the possible penalties and their evacuation to the State budget of the Czech
of the Republic and to the budget of the municipality, on the distribution of income from payments referred to in paragraphs
4 and 5, of the conditions of a possible reduction of seized or
exemption from it, and on the production and storage of relevant documents
lays down generally binding legal regulation, the Ministry for economic
policy and development of the Czech Republic, in agreement with the Ministry of finance
The Czech Republic and the Czech Mining Authority. "
8) Decree of the Czech Mining Authority no 56/1982 Coll., which determine the
circuits covered by the district mining offices.
9) § 2 (2). 1 (a). (f) the CNR Act) No 388/1991 Coll. on the State Fund
of the environment.
65. In § 33 paragraph. 1 the words "are the sole Manager or, as the bearings
permanent user and the authorities and organisations ' shall be replaced by the words "the objects and interests
natural or legal persons, organisations, institutions, and physical and
legal persons ".
66. In § 33 paragraph. 2, the words "and organizations" shall be replaced by the words "natural
and legal persons ", the words" National Committee "and the" National Committee "
replaced by the words "to the District Office," and "local office".
67. In § 33 paragraph. 3, the words "National Committee" and the "National Committee"
replaced by the words "local office" and the "District Office" and the words "the competent
the central authority and the central authority in the scope of protection
the affected interest "shall be replaced by the words" Ministry for economic
policy and development of the Czech Republic, in agreement with the Ministry of the environment
the environment of the Czech Republic and the Czech Mining Authority in conjunction with the
other relevant central authorities of State administration ".
68. In section 33, paragraph 3, the following paragraph 4 is added:
"(4) in the absence of agreement between the Organization and the natural or legal
persons who are owners of the land and real estate, and
outweighs the public interest in the use of the exclusive bearing over the legitimate
the interest of the owner of the land and other real estate, proceed according to section 31
paragraph. 4. ". Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.
69. In § 33 paragraph. 5, the words "the authority of the State mining authority of the Republic"
replaced by the words "the Office of the district mining".
70. In § 33 paragraph. 6, the words "the authority of the State mining authority of the Republic of
the owner (Administrator user) "shall be replaced by the words" district mining
the Office of the owner "; in the end, the following sentence is added: "If the
buildings and facilities, which were built prior to the determination of
space, protective measures on cargo organization. ".
71. In section 33 shall be attached at the end of paragraph 7, which reads as follows:
"(7) the provisions of paragraphs 1 to 6 shall apply, mutatis mutandis, to the device
the relevant work to ensure the plan of mine works and quarries or in the plan
liquidation of main mine workings and quarries. ".
72. In § 34 paragraph. 1 (a). (b)), the word "storage" is replaced by
"saving" and deleted the word "industrial". At the end of section 34 shall
added a new paragraph 4 is added:
"(4) the details of the establishment, operation, and disposal facilities to ensure
for specific interventions in the Earth's crust lays down the Czech mining Office in General
binding law. ".
73. In section 35, paragraph. 2, the words "Republic of the Central geological authority"
replaced by the words "the Minister of the environment of the Czech Republic"
the words "controlled by the Organization" by the words "other legal persons".
74. In section 35, paragraph. 3, the words "Republic of the Central geological authority"
replaced by the words "to the Ministry of the environment of the Czech Republic."
75. In section 35, paragraph. 4, the words "overall social interest, carried out in a strictly
extent necessary organization, designated by the central authority of State administration, in
the scope of information under specific regulations ^ 2) mining
the competent mineral; in other cases, the Organization of the Central
geological authority designated by that authority of the Republic ' is replaced by
"the law protected the general interest ensure the extent strictly necessary
the Ministry of environment of the Czech Republic. " In the last sentence,
the words "these organizations deal" shall be replaced by "the Ministry
the environment of the Czech Republic tackles. "
76. In section 35, paragraph. 5, the words "Republic of the Central geological authority"
replaced by the words "the Minister of the environment of the Czech Republic."
77. In § 36 odst. 3 at the end of words "are deleted and which could not be
prevented or when expending all efforts that may be required ".
78. section 37, paragraph. 5 is added:
"(5) if the construction or equipment brought into the previous state because the
It is located in the territory of the building closures, where appropriate, on the territory, where will i
continue to manifest themselves over the long term effects of the activities referred to in section 36, is
the Organization shall perform the temporary collateral object; at the same time
agree with the owner of the object, whether the compensation shall be made in cash or
by providing a replacement object and on the amount of compensation. The damages to sa
the movable property, that it becomes as a result of the provision of
the replacement object unusable. ".
79. In paragraph 37. 6 are deleted, the words "in exceptional cases" and
the beginning of the text is amended as follows: "the participants may agree...".
80. In section 38, the words "different interests" shall be replaced by the words "by the law
protected the general interest ".
81. In § 39, paragraph. 2 the words "the competent central authority and by
the Organization "shall be replaced by the word" enterprise ".
82. In § 39, paragraph. 3:
"(3) the details of permissible measuring documentation establishes the Czech mining Office
generally binding legal regulation. Details of the geological documentation
establishes Ministry for economic policy and development of the Czech Republic
in agreement with the Ministry of environment of the Czech Republic and the Czech
Mining Authority generally binding legal regulation. ".
83. In section 40 paragraph. 4, the words "the authority of the State mining authority of the Republic"
replaced by the words "district mining Office."
84. section 41 including title:
"§ 41
Relationship to the administrative regulations
General rules on administrative procedure shall not apply to proceedings under section 3 of the
paragraph. 3, § 6, 13, 14, 14a, 14b, 14 c and § 33 paragraph. 4. ".
85. section 42 shall be deleted.
Article II
1. Bearings of non-reserved minerals, of which it was decided by the competent
State administration bodies, that are appropriate to the needs and development of the national
According to the existing legislation, the economy will continue to be regarded as the exclusive
bearings in accordance with this Act.
2. the decision of the competent central bodies of State administration on the establishment
the total space issued in accordance with existing regulations, shall be considered as
decision issued under this Act. The period referred to in section 24, paragraph. 6 begins
flow for these mining sites from the date of entry into force of this
the law.
3. Calculations of stocks of bearings according to present exclusive approved
legislation before the effect of this Act shall be construed as the inventory calculations
approved in accordance with this Act.
4. the obligation of the Organization to pay remuneration under section 32a of the paragraph. 1 for
the Organization, which were laid down before the effect of the mining areas
This law, the year the entry into force of this law.
5. remuneration of seized restricted minerals under section 32a of the paragraph. 2 for the first time
the Organization for reserved minerals-won in 1993.
6. Down and quarries, which at the time of the entry into force of this Act are in
operation, the organisation shall establish a provision for full volume to ensure
the activities referred to in section 31, paragraph. 5 to the end of the lifetime of the operation, the latest
However, in the 10 years since the entry into force of this Act.
Article. (III)
Shall be deleted:
1. the Regulation of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC No. 80/1988 Coll., on the establishment, classification kondic
exclusive inventory of bearings and of the assessment, approval, and the State expertise
their calculations.
2. Decree of the Czech Geological Office no 96/1988 Coll., on administration of
exclusive of bearings and of the register and the depreciation of their inventory.
3. sections 15 and 16 of the Decree of the Czech Geological Office No 85/1988 Coll., on
How to search and explore the exclusive bearing in terms of
protection and rational utilization of mineral resources and for the notification of
the occurrence of the bearings of reserved minerals. In the name of the decree are deleted
the words "his remuneration and the reimbursement of the costs".
Article IV
The Bureau of the Czech National Council is hereby authorised, in the collection of laws
announced the full text of Act No. 44/1988 Coll., on the protection and use of
mineral wealth (the top Act), as a consequence of changes and add-ins
carried out by later laws.
Article. In
This Act shall take effect on the date of publication.
Burešová v.r.
Pithart v.r.
