Amendment To The Czech National Council On Geological Works

Original Language Title: novela zákona ČNR o geologických pracích

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
543/1991.



LAW



The Czech National Council



from day 4. December 1991,



amending and supplementing Act of the Czech National Council No. 62/1988 Coll., on

geological works and about the Czech Geological Office



The Czech National Council decided on the following Act:



Article. (I)



The Czech National Council Act No. 62/1988 Coll., on geological works, and about the

The Czech Geological Office, shall be amended and supplemented as follows:



1. The name of the law are deleted, the words "and of the Czech Geological Office".



2. In paragraph 1 the words "are deleted and rational", and the words "as well as the

define the status and competence of the Czech Geological Office ".



3. § 2 (2). 2 is added:



"(2) in case of doubt, whether any activity is geological work

If appropriate, whether it is a geological research or geological survey pursuant to

paragraph 1, decides the Ministry of environment of the Czech Republic

the agreement with the Ministry for economic policy and development of the Czech

Republic. ".



4. the title of part two:



"PART TWO



Permission to carry out geological work and enabling the geological

work for search and exploration of minerals ".



5. § 3, including the title reads as follows:



"§ 3



Permission to carry out geological work and certificate of professional

the eligibility of the



(1) the Project and evaluate the geological works are entitled to

legal and natural persons in the framework of the business activity of "^ 1") when the

the conditions laid down by law (hereinafter referred to as "the Organization"), which

These works governed by and for their performance is equivalent to a person with a certified professional

the eligibility of the geological work design, implement and evaluate

(hereinafter referred to as the "grantee").



(2) the work of the geological research ^ 2) are authorized to perform



and) State Geological Survey (section 17),



(b) scientific institutions and vocational) school in the performance of their scientific or

the pedagogical tasks.



(3) a certificate of professional competence issued by leader

the Ministry for economic policy and development of the Czech Republic

the agreement with the Ministry of the environment of the Czech Republic. This authority

It may withdraw the certificate of professional competence, which constitutes a serious

manner or repeatedly violated the provisions of this Act or the regulations

issued on its basis.



(4) the basic assumptions of competence are training,

experience in the field including a share in the solution of geological tasks and knowledge of

the necessary legislation. Prerequisites for professional competence, the procedure for its

authentication and how the registration certificates issued in greater detail the General

binding legal regulation. This regulation also lays down the technical features which guarantee

(for example, the State Geological Survey, high school, Chambers), who will

assess the qualifications of applicants for the issuance of the certificate. ".



6. section 4, including the title reads as follows:



"§ 4



The authorisation of the geological work for search and exploration

reserved minerals



(1) the Organization for which they are to be carried out geological work referred to in §

2 (2). 1 (b). (b)) (the "sponsor"), may carry out such work

only on the basis of an authorisation given at the request of the contracting authority

the Ministry for economic policy and development of the Czech Republic

the agreement with the Ministry of the environment of the Czech Republic, if the

unless otherwise provided in specific legislation. ^ 3)



(2) the request of the contracting authority includes:



and the design of investigative territory) with its features in a map of the surface of the situation in

an appropriate scale, but not less than 1:25, 000, with the calculation of area

the contents of the territory with the distribution of land as belonging to the land register

the territory; map as well as the calculation of the reactants of the territory shall verify legitimate

worker ^ 4)



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

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

exploratory of the territory,



(c)) the draft conditions for carrying out geological work.



(3) in the decision to allow the contracting authority establishes the territory to search for

and research (hereinafter referred to as "the exploration of the territory"), mineral, for the search and

a survey of the authorisation is granted, the conditions for the implementation of geological work

and the period of validity of the authorisation. Authorisation period can be extended.



(4) If, for the same purpose and in the same territory will ask for permission more

the contracting authorities shall issue a Ministry for economic policy and development of the Czech

States to enable the contracting authority, that authorisation has asked previously. This

provision does not apply to the procedure referred to in paragraph 5.



(5) If the Ministry for economic policy and development of the Czech

States lists in the interests of uniform raw material policy invitation to tender

on the search and prospecting of the mineral, for the designated reserved

minerals and the territory, will be issued to enable the contracting authority to the selected in this

control.



(6) prior to the granting of an authorisation pursuant to paragraph 1, the Ministry of

economic policy and the development of the Czech Republic will seek the opinion of the community,

in whose territory is situated the exploration territory. ".



7. in paragraph 4, the following new paragraph 4a, 4b and 4 c, which including the following titles:



"§ 4a



The exploration of the territory



(1) the boundaries of exploratory territory on the surface provides for a closed

geometric shape with straight sides, whose vertices are specified points

with the coordinates in the current coordinate system. The boundaries of the territory under the

the surface is given by the vertical planes passing through the parties

the surface of the shape.



(2) the territory of the contracting authority in the exploratory gets the exclusive right to perform

geological work for search and exploration of the reserved

minerals of the specified kind of reserved mineral. The definition of exploratory territory

does the nature of the zoning and planning decision.



§ 4b



The remuneration of the exploratory areas territory



(1) on the basis of the issued authorization for the search and exploration

the contracting authority shall apply remuneration reserved minerals derived from the area

the survey of the territory, which is in the first year of the 1000 Kčs per

started km2 territory. the exploratory This payment is for each additional year

about the other 1000 Kčs per each started km2 exploratory territory.



(2) payment of the exploratory area territory is due within three months from the

the beginning of the validity of the permit or the extension of the already

the issued permit. Payment is income communities on whose land registry

areas of the exploration of the territory is located. It is situated on the territory of the cadastral

territories of the communes, the contracting authority shall divide the payment in proportion to the areas in

cadastral areas, on which the exploration territory is located.



§ 4 c



Searching and exploration of non-reserved minerals



Searching and exploration of non-reserved minerals, an organization can

carried out on the basis of an agreement with the owner of the land, if the Special

Regulation provides otherwise. ^ 5) ".



8. the Above paragraph 5, the following title is inserted:



"PART THREE



Designing, implementing, and evaluating geological work ".



9. in section 6 (1). 1 are deleted the words "economic justification".



10. section 6 (1). 3 read as follows:



"(3) the project of geological work financed by the resources of the State

the budget authority approved the funds entrusted to it. ".



11. In paragraph 6, the following paragraph 4 is added:



"(4) the project of geological work carried out geological conditions,

whose non-observance may cause damage to the environment,

in particular, the hydro-geological and hydrodynamic conditions, must be assessed

the appraiser or state geological service. The cost of the assessment shall be borne by

the sponsor of geological work. ".



The current paragraph 4 shall become paragraph 5.



12. In paragraph 7 (2). 1 the first sentence the words "are deleted to prevent their

neúčelného retry "; the last sentence reads "the registration is performed by the Organization

in charge of the Ministry for economic policy and development of the Czech

the Republic, in agreement with the Ministry of environment of the Czech

Republic. ".



13. in article 7, paragraph 2 shall be deleted; paragraphs 3 to 6 shall indicate

as of paragraphs 2 to 5.



14. section 7 (1). 2 is added:



"(2) the registration is not subject to geological work carried out by organisations when

survey deposits in their mining leases and geological

works that are not bound to hit into the rock mass environment. ".



15. section 8 is deleted.



16. in § 9 para. 1 deleted the word "approved".



17. in section 9 are deleted paragraphs 2, 3 and 4. Paragraphs

5 and 6 shall be renumbered as paragraph 2 and 3.



18. in section 10, paragraph 1. 1 are deleted the words "carried out by project

geological work "and the last sentence.



19. section 11 including the title reads as follows:



"section 11



Verification and approval of the results of geological work



The results of the geological work financed by State budget

examines and approves the submitter. The method of examination and approval of the results of

such work shall be determined in agreement with the contracting authority: the central authority of State administration

under whose authority the results of geological work to be used. ".



20. section 12 including the title reads as follows:



"section 12



Presentation and disclosure of the results of geological work



(1) the contracting authority is obliged to deliver free of charge within two months after

their approval of geological work, where appropriate, their results in the

specified range and adjust to permanent retention of legal person

in charge of the Ministry for economic policy and development of the Czech

of the Republic.



(2) the results of geological works passed to permanent storage pursuant to


paragraph 1, in charge of the legal person free of charge the authorities exposes

the State administration, if it is needed for its activity.



(3) the contracting authority which gave the results of geological work by

paragraph 1 may reserve, that these results will not be made available to the

or will they be made available to other legal or natural person on the basis of

the contract between the contracting authority and by the legal entity or natural person,

or specify other conditions for their disclosure and use with

except in the cases referred to in paragraph 2. These reservations and conditions, however,

the contracting authority may apply for a maximum period of seven years from the submission of works

responsible for the legal entity. After this period, the results are

geological work accessible without restriction, however, must be

preserved State, business and economic secrets. ^ 6) which was responsible for

legal person provides services connected with the use of information on the

the results of these geological work for remuneration, ^ 7) which is its

tv.



(4) the presentation of the results of the geological work and the conditions for their

making available in greater detail the generally binding legal regulation. ".



21. in paragraph 13, the words "the Czech Geological Office" shall be replaced by

"the Ministry of the environment of the Czech Republic."



22. in article 13, paragraph 1 is deleted. Paragraphs 2, 3 and 4

referred to as paragraphs 1, 2 and 3.



23. in § 13 para. 3, in the last line deleted the word "national".



24. § 14 para. 1 and 2 shall be added:



"(1) the staff of the organization may, for purposes of design, implementation and

evaluation of geological work to enter the foreign real estate

extent necessary and to the minimum required period of time, to establish there

site, access road, water and energy supply, as well as perform

the necessary adjustments to the soil and remove growths, where appropriate, the provision of the work;

the provisions of the specific regulations ^ 8) remain unaffected. About

the scope, method and time of performance of these permissions, the Organization shall conclude with the

the owner of the property a written contract. If the intervention of the

real estate construction, organizations must obtain the temporary right to use the

the land lease agreement.



(2) if there is no agreement between the Organization and the owner referred to in paragraph 1,

decide on the scope, method or time of enforcement District Office, permissions

the territorial district real estate or its larger part. ".



25. section 15 including the title reads as follows:



"§ 15



Protection of research and exploration works



Property owner is obliged to tolerate on their property, and the designation of the

the retention of major research works, which shall designate the Ministry of

the environment of the Czech Republic and exploratory works, which shall designate the Ministry of

for economic policy and development of the Czech Republic, and to abstain from all

What would this work may damage, destroy or render inoperable. ".



26. in section 16 in paragraphs 2, 3, 4, the words in brackets "(Administrator,

user) "are deleted.



27. in § 16 para. 4, the words "of the Czech Geological Office" shall be replaced by

the words "the competent central authority of the State administration of the Republic".



28. in section 16 in paragraph 1(b). 5, the words "the District National Committee" shall be replaced by

"local office".



29. the heading "PART of the THIRD Czech Geological Office" shall be deleted.



30. section 17 including the title reads as follows:



"§ 17



The State Geological Survey



(1) the Ministry of the environment of the Czech Republic, the exercise of State

geological survey, which provide the legal person responsible for

the Ministry of environment of the Czech Republic.



(2) in the performance of the State Geological Service ensures, in particular, the State

geological research, acquire, document, assess, and keep

basic information of geological research in the Czech Republic.



(3) in the performance of the State Geological Service also provides evaluation

all the geological information referred to in paragraph 2 as the basis for

decision-making in matters of the State and the public interest, the potential

utilization and protection of natural mineral resources, the ecological balance

landscapes and human activities. ".



31. section 18 shall be deleted.



32. In § 19 para. 1 the words "Czech Geological Office inspects"

replaced by the words "the Minister of the environment of the Czech Republic and

the Ministry for economic policy and development of the United States at its

section control ". The words "is entitled to save" are replaced by the words "are

entitled to save ".



33. In § 19 para. 2 the words "authorised by the Czech Geological Office"

replaced by the words "designated authorities referred to in paragraph 1". The words

"specific evidence of the Czech Geological Office" shall be replaced by

"special cards of the authorities referred to in paragraph 1".



34. section 19 para. 3 read as follows:



"(3) in mining leases shall be exercised by the Ministry of economic

policy and development of the United Kingdom control of geological work in the agreement

with the Czech Mining Authority. ".



35. In paragraph 20, paragraph 1 is replaced by paragraph 1 and 2, which

shall be added:



"(1) the Ministry for economic policy and development of the Czech Republic

may impose a fine of up to one million Czech Crowns legal and natural person

that violates the provisions of this Act by



and geological work and performs) does not meet the conditions set out in § 3 (1).

1,



(b)) done without the registration of geological prospecting work

subject to registration,



(c)) does not secure properly and timely geological documentation of geological

exploration of the work and its prescribed retention,



(d)) is making commits the results of geological work of the geological survey

charge of the legal person in accordance with § 12 para. 1,



(e)) performs a geological works for the search and exploration

reserved minerals without authorisation granted or in the implementation of

geological work violates the terms of the authorisation laid down; by saving the

the fine is without prejudice to the obligation to pay remuneration under section 4b,



(f)) does not remove the serious shortcomings within the prescribed period, the removal

It was saved in accordance with § 19 para. 1,



g) fails to pay within the prescribed period the remuneration under section 4b.



(2) the Ministry of the environment of the Czech Republic may impose a fine on

up to one million Czech Crowns legal and natural person who violates

the provisions of this Act by



and without registration) carries out geological work of geological research

subject to registration,



(b)) does not secure properly and timely geological documentation of geological

research and its prescribed retention,



(c)) is making commits the results of geological research work Geofond,



(d)) not removed within the prescribed period serious flaws, the removal

It was saved in accordance with § 19 para. 1. ".



36. In article 20, paragraphs 2, 3, 4 and 5 become paragraphs 3,

4, 5 and 6.



37. In section 20 (2). 4, the words "the Czech Geological Office" shall be replaced by

"the authority referred to in paragraph 1 or 2."



38. In section 20 (2). 6 is deleted the word "Socialist".



39. In paragraph 21, the words "to carry out geological work" the words

"for search and exploration of reserved minerals".



40. in article 23, paragraphs 2, 3 and 4 are deleted. At the same time shall be repealed;

the numbering of the paragraphs.



41. section 26 is added:



"section 26



(1) the Ministry for economic policy and development of the Czech Republic

issues in the agreement with the Ministry of the environment of the Czech Republic

generally binding legal regulations to implement section 3 (2). 4 § 5 para. 2, §

6 (1). 5, § 7 (2). 5, § 9 para. 3, section 10, paragraph 1. 2 and § 12 para. 4.



(2) the generally binding legal regulations to implement section 6 (1). 5, § 9 para. 3

and section 10, paragraph 1. 2 issue a Ministry for economic policy and development

The United States also, in agreement with the Czech Mining Authority as regards the work

referred to in § 2 (2). 1 (b). b).".



1) Act No. 513/1991 Coll., the commercial code.



Act No. 455/1991 Coll., on trades (Trade Act).



Act No. 111/1990 Coll., on State enterprise, as amended.



2) section 3 of the Ordinance CGU No. 121/1989 Coll., on the design, implementation and

evaluation of geological work, about the granting of permits and support

eligibility for their performance, as amended.



3) section 31 of Act No. 44/1988 Coll., on the protection and utilization of mineral resources

(Act), as amended.



4) Article. 1.06 revenue the Czech Mining Authority no 3700/1974, dated 1. 7.

1974, which is issued to the permissible-masonry regulation for prospecting and for

the extraction of oil and natural gas, Reg. in amount 6/1976 Sb.



5) section 9 of the Act No. 61/1988 Coll. on mining activities, explosives and

the State Mining Administration, as amended by Act No. 542/1991.



6) for example. Act No. 102/1971 Coll., on the protection of State secrets, as amended by

Act No. 382/1990 Coll., regulation of the Government of the Czech and Slovak Federal

No. 424/1991 Coll., of the essential facts constituting the subject of the

State secrets, the Decree of the Government of the Czechoslovak Socialist

No. 148/1971 Coll., on the protection of the economic and service

the secret, as amended.



7) Act No. 526/1990 Coll., on prices.



8) Eg. Constitutional Act No. 23/1991 Coll., which escapes the Charter

fundamental rights and freedoms as a constitutional act of the Federal Assembly

CZECHOSLOVAK FEDERATIVE REPUBLIC, Act No. 50/1976 Coll., on zoning and the building code

(the building Act), Act No. 53/1966 Coll., on the protection of agricultural land

the Fund, as amended by Act No. 75/1976 Coll. (the full text of no 124/1976 Coll.),


Act No. 61/1977 Col., on forests.



Article II



1. certificates issued in accordance with the existing regulations shall be construed as a certificate

issued pursuant to this Act.



2. Workers who have designed, conducted and evaluated the geological

work in the function of the responsible Solver geological task ^ 9) for organizations

authorized to carry out geological work in accordance with the existing regulations,

considered to be the responsible Solver within the meaning of section 3 of this Act, if the work

exercise to the Organization, or an organization that is its legal

the successor.



3. Without a permit under section 4 (4). 1 the contracting authority may continue to perform

the geological work for search and exploration of reserved minerals

no later than six months from the entry into force of this Act.



Article. (III)



Deleted the section 37, 38 and 39 of the Decree of the Czech Geological Office No.

121/1989 Coll., on the design, implementation and evaluation of geological

work on the grant of authorisation and professional competence to their performance.



Article IV



This Act shall take effect on the date of publication.



113. in r.



Pithart in r.



9) § 1 (1). 6 Decree CGU No. 121/1989 Coll.

Related Laws

1988 Mining Act