Changing The Law On Geological Works And About The Czech Geological Office

Original Language Title: změna zákona o geologických pracích a o Českém geologickém úřadu

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366/2000 Coll.



LAW



of 14 July 1999. September 2000,



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

geological Office, as amended by the Act No. 543/1991 Coll., and Act No. 44/1988

Coll., on the protection and utilization of mineral wealth (the top Act), as amended by

amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Changing the law on geological works and about the Czech Geological Office



Article. (I)



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

the Office, as amended by the Act No. 543/1991 Coll., is amended as follows:



1. section 2 including title and footnotes # 1) and 1a) is inserted:



"§ 2



Geological work



(1) the geological works in accordance with this Act, the geological

research and prospecting on the territory of the Czech Republic, which includes



examination, evaluation), documenting and showing the development and composition of

geological structures of the territory and its principles,



(b)) search and exploration of minerals, their stores and authentication

processing of geological data for their use and protection,



c) search and groundwater sources including the survey of natural waters

medicinal, table of mineral and thermal, verification of their

usable inventory, examining the adverse effects on their quality and

the quantity, as well as the processing of geological data for their

use and protection,



(d)) identification and verification of inženýrskogeologických and hydro-geological

ratios, the territory, in particular for the purposes of spatial planning, documentation, and

implementation of buildings, including the stabilization of landslide areas,



e) identification and verification of geological conditions for the establishment, operation and

disposal of the equipment for the storage of gases, liquids and waste rock

environment and underground spaces for industrial use of heat

the energy of the Earth's crust and for securing and disposing of old mine

works, ^ 1)



f) assessment and evaluation of geological factors affecting the

environment,



g) detection and removal of anthropogenic pollution in the rock

environment.



(2) geological research includes the file work, which examines the formation and

the action of the geological process, examines, evaluates and documents the geological

the construction of the territory, its elements and patterns. Geological research for the next

stages of the main counterparts.



(3) geological survey includes targeted geological work

which examines the details beyond the territory of geological research.

Geological survey is based on the purpose of the work is articulated on a bearing, a survey for

Special interventions in the Earth's crust, hydrogeological, inženýrskogeologický and

the exploration of the geological factors affecting the environment.



(4) Bearing the survey is divided into stage



and) search, which is a collection of geological work, whose

the purpose is to assess the territory in terms of the possible presence of deposits of minerals,

to find them, to verify their approximate extent and importance, to calculate

found the inventory and define conflicts of interest for subsequent research. U

large bearings can be verified by calculation of inventory only part of the bearing

allowing a separate recovery and the rest of it is possible to appreciate the definition

prognózního source. The search is carried out on the territory where the bearing

Search the mineral was not found and registered,



(b)) a survey shall be carried out on the already known and recorded the bearing,

which has not yet been determined by the mining area, to the extent necessary for the

obtaining documents for the processing of the dossier in accordance with special laws,

provisions for the calculation of the ^ 1a) explored the inventory and demonstrate their

usability and to address conflicts of interest with the exploitation of the bearing,



c) exploration, which is performed in a specified yield

space in the range and the details necessary for the appropriate pry

the bearing.



(5) Division reconnaissance geological work in the framework of the survey for the

Special interventions in the Earth's crust, hydrogeological,

inženýrskogeologického, geophysical and geochemical exploration and

the survey of geological factors affecting the environment lays down

The Ministry of the environment (hereinafter referred to as "the Ministry") by Decree.



(6) in case of doubt, the Ministry will decide whether any action is

the geological work, or whether it is a geological research or

Geological Survey and what his stage.



1) section 35 of Act No. 44/1988 Coll., on the protection and utilization of mineral resources

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



1A) section 27 of Act No. 44/1988 Coll. ".



2. the title of part two: "permission to conduct GEOLOGICAL WORKS".



3. section 3, including title and footnotes no 2a) and 2b) is added:



"§ 3



Permission to the design, implementation and evaluation of geological work

and the certificate of professional competence



(1) Design, implement and evaluate the geological works are

entitled to legal and natural persons who satisfy the conditions laid down

laws and regulations, (hereinafter referred to as "the Organization"), and for which these works governed by and

for whose performance corresponds to the person with a certificate of professional competence

geological work design, implement and evaluate (hereinafter referred to as

"the grantee of geological work").



(2) The geological works that are not associated with the encroachment on the land,

not covered by the obligation to design, implement and evaluate the

through the responsible Solver geological works.



(3) the competence of the responsible Solver of geological work

shall be decided by the Ministry. The decision, which shall be issued a certificate of

professional competence of the responsible Solver geological works, shall be issued

for an indefinite period. The Ministry may decision on competence

cancel those who seriously or repeatedly infringed the provisions of the

of this Act or the regulations issued on its basis.



(4) the condition of professional competence is higher education with

geological focus dump exams or professional, proven

secondary education with a minimum of five years ' experience in the field, the practice in the

the scope of at least three years, including a share of the solution of geological tasks

the professional level of the current work, the knowledge exam

the necessary regulations ^ 2a) and integrity. ^ 2b) to assess the professional level

the existing work of the Department of professional guarantors shall entrust the expert

recommended by professional organisations. The documents needed to prove the

professional competence and specialization for which shall be certified by

competence, the scope of necessary knowledge of legislation

the geological activities related to verification of the professional

eligibility and how to register and the publication of certificates issued

the Ministry shall determine by Decree.



(5) the grantee of geological work projects, partial and affixes

the final report of geological work the original signature and the imprint of the

the round stamp, which includes a small coat of arms of the Czech Republic,

name of Solver geological works, indicated the scope or

specialization and the serial number, under which he was a certificate of professional

the eligibility published.



2A) for example, Act No. 50/1976 Coll. on territorial planning and building

Code (the building Act), as subsequently amended, Act No. 44/1988

Coll., as subsequently amended, Act No. 114/1992 Coll., on the protection of

nature and the countryside, as subsequently amended, Act No. 138/1973 Coll.,

about the waters (Water Act), as subsequently amended, Act No. 61/1988

Coll. on mining activities, explosives and the State Mining Administration, in

as amended, Act No. 337/1992 Coll., on the protection of

agricultural land resources, as amended, law No.

20/1966 Coll., on the health care of the people, as amended, the law

No 20/1987 Coll. on State heritage preservation, as amended,

Act No. 151/2000 Coll. on telecommunications, law no 289/1995 Coll., on

Woods and amending and supplementing certain laws (forest law), as amended by

amended, Act No 40/1964 Coll., the civil code, as amended by

amended.



2B) Act No. 455/1991 Coll., on trades (trade licensing

Act), as amended. ".



4. Footnote 2) are repealed.



5. § 4 including title and footnotes # 3a) to 3e):



"§ 4



Exploratory territories for bearing determination survey



(1) the geological work for search and exploration of the reserved

minerals and deposits of non-reserved minerals exploration is possible

only perform the exploratory area that is provided for a legal person

or a natural person who has permissions to mining activities, ^ (3a)

"contracting entity").



(2) an application for the determination of the exploratory territories for the search and survey

deposits (hereinafter referred to as "exploration area") shall be submitted in two

copy and contains



and the design of investigative territory) with its mapping to map the surface of the situation in

appropriate scale, but not less than 1:25, 000 for the territory to 50 km2 and 1

over 50:50 000 km2, with the calculation of the content area of the territory, and the coordinates of the

highlights of exploratory territory specified straight lines,



(b)) in the case of mineral prospecting and the exclusive bearing mineral in the case

the survey,




(c)) the plot border mining areas, bearing territories, protected

where appropriate, other protected areas or the protection zones in the proposed

exploratory territories and enumeration of those territories,



d) information on the applicant and his integrity ^ 2b) and evidence of its permissions

for doing business in the field of mining activities; integrity shall be demonstrated

excerpt from the criminal register, which must not be older than three months,



(e)) work, target, the stage, the scope and execution of the works and the period for which

the determination of investigative territory calls



(f)) for the search or the exploration of oil or gas proof

the technical and financial capacity of the applicant,



g) distribution of reactants for the exploration of the territory to the territory of the individual

municipalities. In the event that the proposed exploratory territory exclusive bearings

non-reserved mineral goes beyond his range as defined by specific legal

^ 3b) Regulation, the application shall also include the written consent of the owners

land. ^ 3 c)



(3) the exploratory area has the exclusive right to sponsor search and

an exclusive survey of bearings in accordance with the determination of the survey area.



(4) the establishment of investigative territory the sponsor may transfer to another

a natural person or a legal person on the basis of a written contract, and with

the written consent of the Ministry. Without this consent, the conversion is

invalid. This agreement are transferred to the new sponsor all

the obligations and liabilities incurred by the original sponsor in connection with the

design, implementation and evaluation of the geological work from

the beginning of the validity of the survey the territory prior to the conclusion of the contract.

Ministry approval be granted to the person, to which the exploration of the territory

transferred, if such person proves that he is able to live up to přebíraným

commitments and obligations.



(5) the Surface boundaries of exploratory territories are given a sealed

geometric shape with straight sides, whose vertices are defined

the coordinates in the current coordinate system. The boundaries beneath the surface are

put the vertical planes passing through the sides of surface shape.



(6) organization that will implement a public zakázku3d) entered

Ministry to search for or prospecting reserved mineral,

making the request referred to in paragraph 2.



(7) for the request for the fixing of the exploratory territories for specific intervention in the

the Earth's crust ^ 3e) apply a similar procedure as for search or survey

bearings of reserved minerals.



(8) If during the validity of the determination of the exploratory territories sponsor

in writing waives the determination of investigative territory or will give up privileges to

the use of parts of this territory, this fact applies the date of receipt of this

notification of the Ministry.



(9) the Ministry leads the summary records provided for exploration territory.

Data on the location and extent of territory, mineral exploration or bearing,

the term of validity of the determination of the exploratory territories and details of the person on whose

the request was made in the territory, are publicly accessible.



3A) to section 5 of Act No. 61/1988 Coll., as amended.



3B) § 43a Act No. 44/1988 Coll. as amended by Act No. 553/1991 Coll.



3 c) section 7 of the Act No. 44/1988 Coll. as amended by Act No. 553/1991 Coll.



3D) Act No. 199/1994 Coll., on public procurement, as amended by

amended.



3E) section 34 of Act No. 44/1988 Coll. as amended by Act No. 553/1991 Coll. ".



6. § 4a including title and footnote 4a):



"§ 4a



(1) Exploration of the territory is determined for the purpose of prospecting and exploration

the exclusive bearing.



(2) an application for the determination of investigative territory is given to the Ministry.

The applicant is a party to the proceedings, the municipality in whose territory the proposal

random or part of a territory situated, or a person that

a special law ^ 4a) the status of party to the proceedings. On the exclusive

the bearing may be provided for only one exploration territory.



(3) the receipt of the application referred to in paragraph 2, which refers to the exploring of the bearing

found for the funds from the State budget, shall notify the Ministry in

The business journal. Within 30 days of notification of the request may be made

competitive request; by this time it is not initiated administrative proceedings. In

If two or more applications, the Ministry shall decide on the basis of their

assessment and taking into account the fact that the application provides to obtain more complete

geological information and better protection of legally protected interests.



(4) the decision on the establishment of investigative territory with the coordinates defining

, where applicable, the exclusive focus, for which research is the exploration of the territory

provides for the validity of the territory and the conditions for the execution of the works. In

If it is the exploration of the territory situated on the territory of several communes, the

and the share of individual municipalities in km2.



(5) an application for the determination of the Ministry of territory shall be refused in an exploratory

the case that



and exploratory) the proposed territory wholly or partly overlaps with territory already

laid down for the same mineral to another contracting authority or to a set

mining area



(b)) on the bearing has been granted prior consent to the submission of the proposal on the establishment of

the total area under special legislation ^ 3b) to another person

other than the applicant, the



(c) the applicant has failed to demonstrate the required integrity) or permissions to mining

activities,



(d)) in search of oil or gas the applicant proves

the technical or financial capacity,



(e)) the applicant has been cancelled in the last decade of the exploration of the territory

pursuant to § 21 of this Act.



(6) the Ministry of a request for a determination of the exploratory territory also be refused

in particular, if the survey is in violation of the State raw material

politics, the State environmental policy, defense,

international obligations of the State, or if additional public interest exceeds the interest

on further exploration and subsequent exploitation of the exclusive bearing.



4A), for example, section 70 of Act No. 114/1992 Coll.



7. § 4b including title:



"§ 4b



The fee for the permission to perform a bearing survey



(1) on the basis of the decision on the determination of the territory, the contracting authority shall be borne by the exploratory

fee, the amount of which is derived from the area of this territory, which is in the

the first year 2 000 CZK per each started year started km2

provided for the survey of the territory. This fee is for each additional year

increased by $ 1,000 per km2.



(2) a fee for permission to carry out a survey in which the bearing was

established pursuant to paragraph 1, for the first year is payable within three months from the

effective determination of exploratory territories for next summer, always in the

time interval from the beginning of the validity of the determination of investigative territory.



(3) a fee for permission to carry out a survey in which the bearing was

established in accordance with paragraph 1, shall constitute revenue of the municipality in whose territory the

the exploration of the territory is located. If the exploration territory to the territory of several communes,

the contracting authority shall divide the fee according to the ratio of the exploratory territory

located on the territory of the individual municipality. ".



8. section 5 is repealed.



9. section 6 paragraph 3 reads:



"(3) the project of geological work and its changes of mechanical drilling

work deeper than 30 m or machine drilling, whose overall length

exceeds 100 m, is an organization required to be sent to the District Office

the territorial scope of work is to be associated with the intervention into the land

carried out at least 30 days prior to the commencement of work related to the

interference in the plot. District Office to the project within 30 days of the express

point of view of the interests protected by special legislation. ^ 2a) in

justified cases, the contracting authority may impose measures expert

the Czech Geological Service assessment, biological reviews or

Another expert assessment or of the substrate. In this case, begin

These work on the reasonable period of time. ".



10. In paragraph 6, paragraph 4 shall be deleted and paragraph 5 shall become paragraph

4.



11. section 7, including the title reads as follows:



"section 7 of the



Evidence of geological work



(1) to provide an overview of the geological works and organizations that

It is carried out, with the geological works before their realisation of the register.

Supporting documents to register the organization carrying out geological work processes.

This is required to these documents within 30 days prior to the commencement of such work

you dispose of the Czech Geological Survey, which records the project and shall take a

Organization of the confirmation.



(2) Records are not subject to geological work carried out by organisations when

mining exploration.



(3) if the work is not carried out geological survey registered or their

focus range substantially over the course of the implementation of the

the work changes, is an organization that has filed a request for records,

required to notify this fact to the Czech geological service within thirty days

from the decision on the change of work or of their failure to execute.



(4) the extent of and procedure for registration of registered data of geological work

the Ministry shall determine by Decree. "



12. under section 9 shall be added to § 9a, which including the title reads as follows:



"§ 9a



Proposals, and announcements



(1) when carrying out geological work organization is required to submit a



and Ministry)



1. reports on the findings of an exclusive bearings with stating the amount of his

inventory,



2. notification of the risk environment in the range of geofaktorech

provided for in the implementing legislation. The definition of risk geofaktorů


and details of their Ministry decree provides for notification,



3. until 31 December 2006. January of the following year annual report on the extent and results of the

geological work carried out during the search or survey of the exclusive

bearings,



(b)), the Ministry of health a notice of findings source of thermal or

mineral water, gas, an emanation, and peloidu,



c) CHMI in Prague notification of findings

groundwater source with a spreading rate of greater than 1.0 l. s-1 or source

groundwater with taut surface (artesian water) with a spreading rate of greater than

0.5 l. s-1.



(2) a proposal or a notice referred to in paragraph 1 is required to place the Organization in the

thirty days of fact-finding, to which the obligation applies.



(3) at least fifteen days before the beginning of geological work associated with

interference in the plot organization is required to notify the purpose, scope, and

the expected time of implementation of the work of the municipality in whose territory the

be executed.



(4) if the organization carrying out geological work, that the prejudice to the

the interests protected by specific legislation, ^ 2a) that are an obstacle to the

use of the results of these works or their use, shall be obliged to

It shall immediately notify the contracting authority or the Orderer of such

geological work. ".



13. section 11 including title and footnotes # 4b) and 4 c) is added:



"section 11



Return on funds for geological works



One who makes use of the business results of geological work

financed by funds from the State budget, is obliged to these resources

pay the amount of the time and manner prescribed by the Department in

decision on the application for prior approval to the submission of the proposal on the establishment of

the total area under special legislation. ^ 4b) selecting and

the recovery of the contributions provides the Ministry under a special legal

prescription. ^ 4 c)



4B) section 24 of Act No. 44/1988 Coll. as amended by Act No. 553/1991 Coll.



4 c) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended. ".



14. in § 12 para. 1 the words "legal person entrusted by the Ministry of

economic policy and the development of the United Kingdom "are replaced by the words" the United

Geological Survey ".



Footnote No. 6) is referred to as a footnote

No. 5a) and footnote 7) is referred to as a footnote

No. 5b), including links to those footnotes.



15. § 12 para. 2 and 3, the words "in charge of the legal person" is replaced by

the words "of the Czech Geological Survey" and the words "entrusted with the legal person"

replaced by the words "the Czech Geological Survey".



16. in section 12, paragraph 3, the following paragraph 4 is added:



"(4) the organization not covered by the obligation under paragraph 1,

are required to deliver a written and graphic documentation of the geological

carried out geological work of the Czech Geological Survey within two months

After the approval of the results of the work, but not later than within six months from the

completion of the work. The geological work ending inventory calculation

groundwater is an organization required to hand this calculation. ".



The current paragraph 4 shall become paragraph 5.



17. in section 12 of the new paragraph 5, the words "geological works"

the words "and the geological documentation".



18. in § 13 para. 2 and 3, the words ' environment ' shall be deleted and in the

paragraph 3, the words "the Federal Ministry of Defense" shall be replaced by

"The Ministry of defence".



19. section 14 including title and footnotes # 7a), 8a and 8b)) reads:



"section 14



Entrance to the foreign real estate and their use



(1) when the intention to carry out geological work associated with interference in the plot

are organizations required to before entering a foreign land to close with

the owner of the land or, if it is not possible to know the owner, with the lessee

land a written agreement on the implementation of geological work, setting up

sites, access roads, water and energy supply, as well as the implementation of the

the necessary adjustments to the soil and vegetation removal, where appropriate, the establishment of

constructions; the provisions of the special legal předpisů2a) shall remain unaffected.



(2) If no agreement is reached under paragraph 1, the competent district

the authority on the restriction of property rights of the owner or tenant of real estate

by tolerating the implementation of geological works. The decision on the

limitation of the rights of the owner or lessee of the property may be issued only in the

the public interest, if it is not in conflict with the State raw material policy, in

extent necessary, for a limited period, for refund, and if this law

otherwise, according to a special legal regulation, ^ 7a) for the



and) search for oil or natural gas,



(b) the reserved bearing minerals) search for a fully paid from the resources

the State budget,



c) search and groundwater resources survey for bulk supply

drinking water or natural resources (mineral and thermal

water, gas and emanation),



(d)) the assessment and evaluation of geological data for the production and protection

of the environment,



e) search and exploration of geological structures suitable for storing

risk and radioactive waste,



f) search and exploration of geological structures suitable for building

underground storage of natural gas and crude oil,



g) geological work needed for other activities carried out in the public

interest,



h) detection and evaluation of the geological data necessary for the

prevention or liquidation of State public health threats and security

of the population,



I) geological work carried out during the performance of the State Geological Service.



(3) entry into spaces and objects used by the armed forces or

the armed forces, on entry to the place where they are located, the device

serving the defense and security of the State, and the territory for which can be picked

Zoning or building permits only with the consent of the competent

administrative offices, ^ 8a) govern the specific legislation. ^ 8b)



7A) of section 108 to 116 of the Act No. 50/1976 Coll., as amended.



8A) section 125 of the Act No. 50/1976 Coll., as amended by Act No. 82/1998 Coll.



8B) for example, Act No. 222/1999 Coll., on ensuring the defence of the Czech

Republic Act No. 20/1966 Coll., as amended. ".



20. in paragraph 15, the words "which designate the Ministry of

the environment of the Czech Republic, "and the words" for economic policy and development

The United States ".



21. in section 16(1). 1, 2 and 4, the words "pursuant to § 14 para. 1 "shall be replaced by

"according to § 14 para. 2. "



22. In article 16(1). 4, in the first sentence the words "non-recurring". In

the second sentence, the words "non-recurring" and the words "the competent

the central body of State administration of the Republic "shall be replaced by the word

"ministries".



23. in article 16, paragraph 5 shall be deleted.



The present paragraph 6 becomes paragraph 5.



24. § 17 including the title reads as follows:



"§ 17



The State Geological Survey



(1) the exercise of the State Geological Survey is collected and provide data on the

the geological composition of the territory, protection and use of natural mineral

resources and sources of groundwater and geological risks.



(2) for the performance of the State Geological Survey will establish a Ministry of the Czech

geological service. ".



25. in section 19 para. 1 the words "the environment of the Czech

Republic and Ministry for economic policy and development of the Czech

of the Republic ", the word" control "shall be replaced by the word" checks "and the words

"they are entitled to" are replaced by the words "is entitled".



26. in section 19 para. 2 the words "the authorities referred to" be replaced by "authority

referred to "and the words" special cards of the authorities referred to in paragraph 1 "

replaced by the words "the staff ID card of the Ministry".



27. in section 19 para. 3 the words "for economic policy and development

The United States ".



28. section 20 including title and footnotes # 10a) is inserted:



"section 20



Penalties



(1) the Ministry may impose a fine of up to Czk 1 000 000 to the person who

violates any of the provisions of this Act by



and carries out geological work and) does not meet the conditions referred to in section 3, paragraph 3. 1,



(b)) done without evidence of geological works subject to registration,



(c)) nezabezpečil geological documentation in a timely manner and its prescribed

retention,



d) surrendered the results of geological work to search or survey

the exclusive bearing, or written and graphical geological

documentation of the Czech geological survey pursuant to § 12 para. 1 or 4,



(e)) performs a geological work for searches or exploration

reserved minerals without establishing exploratory territory pursuant to § 4 or

violates conditions laid down,



f) did not remove it within the prescribed period serious deficiencies, which

delete it was saved under § 7 para. 1,



(g) the District Office Project) submitted pursuant to paragraph 6,



h) has failed to fulfil the obligation of notification according to § 9a,



I) did not pay in a timely fashion, the specified amount and laid down

resources from the State budget spent on achieving

the results of the geological work according to § 11,



(j)), bringing in the statutory time limit for the processing of design documentation

on the depreciation of stocks under a special legal regulation, ^ 10a)



k) fails to comply with the obligations arising from the provisions of § 14.



(2) the fine provided for in paragraph 1 of the financial recovery of the authorities, under a special

legislation. ^ 4 c)



(3) if the organization fails to take, which was fine, within a specified


period of time, it can be stored for further fine of up to twice the

the fine imposed.



(4) the procedure for the imposition of fines can be initiated no later than one year from the

the date on which the Ministry found violations of the obligations under this Act,

not later than two years from the date on which the infringement occurred.

Violation of the obligations referred to in paragraph 1, however, cannot be discussed, if it

from the breach of this obligation for three years.



10A) § 14 of Act No. 44/1988 Coll. as amended by Act No. 553/1991 Coll. ".



29. paragraph 21, including footnote No. 11):



"section 21



Cancel exploratory territory



The Ministry may cancel the contracting authority determination of investigative territory,

If he violates the Organization repeatedly or with serious consequences of obligations

established by this Act or on the basis of a decision issued by or

laws issued to protect public health and to the protection of

environment. ^ 11)



11) Act No. 114/1992 Coll., as amended.



Law No. 289/1995 Coll., as amended.



Act No. 337/1992 Coll., as amended by Act No. 10/1993 Coll. and Act No.

98/1999 Coll.



Act No. 130/1974 Coll. on State administration in water management, as

amended.



Act No. 138/1973 Coll., as amended.



Act No. 86/1995 Coll., on the protection of the ozone layer of the Earth.



Act No. 389/1991 Coll., on the State administration of air protection and charges for

its pollution, as amended.



Act No. 309/1991 Coll., on the protection of the air against pollutants

(Clean Air Act), as amended.



Act No. 125/1997 Coll., on waste, as amended.



Act No. 18/1997 Coll. on peaceful uses of nuclear energy and

ionizing radiation (the Atomic Act), and amending and supplementing certain

laws, as amended.



Act No. 20/1966 Coll., as amended. ".



30. in paragraph 22, the reference to footnote 15) referred to as a reference to

footnote No. 2a) and footnote 15) shall be deleted.



31. under section 22 shall be added to § 22a is inserted:



"§ 22a



(1) when the search and survey the territory suitable for special intervention in the

the Earth's crust under special legislation shall be applied, mutatis mutandis,

as under Section 4a and 4b.



(2) in the case of overlapping of the procedure for determining the time of the survey of the territory

under this Act and the granting of prior approval to the submission of the proposal on

determination of the total area under the Mining Act to the same exclusive

the bearing is preferably completed the proceedings that were initiated earlier.

The second control is broken by the time needed to the first control.

This procedure does not apply to cases where the applicant has to grant

prior consent to the submission of the proposal on the establishment of area

priority claim under a special law. ^ 3b)



(3) in the case of overlapping of the procedure for determining the time of the protected

area and the determination of the exploratory survey of an exclusive territory

the bearing shall be applied simultaneously and independently in both proceedings.



(4) in the case of overlapping of the procedure for determining the time of the survey area with

proceedings relating to the determination of the protected area for special intervention in the Earth's crust

first decide on the establishment of the protected area for special intervention in the

the Earth's crust, with the applicant about the determination of the reconnaissance of the area is

party to the proceedings for the establishment of the protected area for special intervention in the

the Earth's crust ".



32. section 25 reads:



"§ 25



General rules on administrative procedure shall not apply to proceedings under section 7. ".



33. In § 26 paragraph 1 reads:



"(1) the Ministry shall issue a decree details to implement section 2 (2).

5, § 3 para. 4, § 6 (1). 4, § 7 (2). 4, § 9 para. 3, § 9a, para. 1, §

10, paragraph 1. 2 and § 12 para. 5. ".



34. In section 26 para. 2 the words "§ 6 para. 5.0 "and the words" for

economic policy and development of the Czech Republic. "



Article II



Transitional provisions



1. the payment of the reimbursement in accordance with permits issued to the effectiveness of this law, the

be governed by the current legislation. Requests for permission to search or

exploration of reserved minerals and renewal application already

permit issued and pending in the effectiveness of this law

shall be assessed in accordance with legislation in force before the entry into force of this

the law.



2. The establishment of the Czech Geological Survey carrying out its terms of reference

legal person in charge of the Ministry, according to the existing legislation.



PART TWO



Change of the Mining Act



Article. (III)



Act No. 44/1988 Coll., on the protection and utilization of mineral resources (upper

Act), as amended by Act No. 553/1991 Coll., Act No. 10/1993 Coll. and act

No 168/1993 Coll., is amended as follows:



1. in section 30, paragraph 1, the following paragraph 2 is added:



"(2) when editing and refining of minerals, from which it can be industrially produced

metals, it is prohibited to use technology kyanidového leaching or other

procedures that use cyanide compounds. This prohibition applies to

use the kyanidového leaching in any scale and for its

use in combination with other methods of editing and refining of minerals. ".



Paragraphs 2 to 7 shall become paragraphs 3 to 8.



2. in paragraph 4 of section 32a is inserted:



"(4) from the proceeds of the remuneration referred to in paragraph 2 converts the district mining Office 25%

to the State budget of the Czech Republic, from which these resources

assigned used to remedy the environmental damage caused by

exploitation of exclusive and non-reserved deposits, and the remaining 75%

Converts the district mining Office in the budget of the community. ".



PART THREE



THE PUBLICATION OF THE FULL TEXT OF THE ACT



Article IV



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

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

the Office, as follows from amended.



PART FOUR



The EFFECTIVENESS of the



Article. In



This law shall enter into force on the thirtieth day after the date of its publication, with the

the exception of article. I, point 7, which shall take effect on 1 January 2000. January 1, 2001.



Klaus r.



Havel, v. r.



Zeman in r.

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