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:
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
4. the title of 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:
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:
The authorisation of the geological work for search and exploration
(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
(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:
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.
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:
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
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:
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:
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
(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:
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
29. the heading "PART of the THIRD Czech Geological Office" shall be deleted.
30. section 17 including the title reads as follows:
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).
(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:
(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.
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
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.
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.
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.