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Laws governing the general and territorial competency of the State Mining Administration

The Czech Mining Authority is established  by the Act No. 2/1969 Coll., Establishment of ministries and other central institutions of state administration of the Czech Socialist Republic.

  • Act No. 44/1988 Coll., on the protection and utilization of mineral resources (The Mining Act).
  • Act No. 61/ 1988 Coll., of the Czech National Council on minig activities, explosives and the state mining administration.
  • Act No. 157/2009 Coll. on mining waste management and on amendments to some laws.
  • Act No. 146/2010 Coll., setting up a system for the identification and traceability of explosives for civil uses.
  • Act No. 262/2006 Coll., Labour Code.
  • Act No. 200/1990 Coll., on offences


Organization of the State Mining Administration

The Czech Mining Authority in Prague, as the central body of the State Mining Administration of the Czech Republic.

The bodies of the State Minig Administration are:

  1. 1.the District Mining Authority for the territory of the Capitol city Prague and Central Bohemia Region,
  2. 2.the District Mining Authority for the territory of Pilsen and South Bohemia Region,
  3. 3.the District Mining Authority for the territory of Karlovy Vary Region
  4. 4.the District Mining Authority for the territory of Ústí na Labem Region
  5. 5.the District Mining Authority for the territory of Hradec Králové and Pardubice Region,
  6. 6.the District Mining Authority for the territory of South Moravia and Zlín region
  7. 7.the District Mining Authority for the territory of Moravia Silesia and Olomouc Region
  8. 8.the District Mining Authority for the territory of Liberec and Hiland Region

 
The district minig authorities with competence


According to the systemization for the year 2014 the District Mining Authorities employs a total of 138 professional, administrative and manual workers:

Distribution of employees of the State Mining Administration:

The State Mining Administration   184 total

The Czech Mining Authority 60 total

                                   22 specialists, from that of the 11 rescuers

                                   6 lawyers

                                   32 administrative and manual workers

The District Mining Authorities        124 total

                                   77 specialists, from that of the 39 rescuers

2 lawyers 
45 administrative and manual workers

 

Competence of the bodies of the State Mining Administration

The bodies of the State Mining Administration shall provide supervision of:

  • a)compliance with the Minig Law, the Act No. 61/ 1988 Coll., of the Czech National Council on minig activities, explosives and the state mining administration, and regulations issued on their basis, where they govern the protection and use of mineral deposits, safety of operation, safeguarding of protected buildings and interests from the effects of mining activities, and the handling explosives,
  • b)compliance with the Mining Law, the Act No. 61/ 1988 Coll., of the Czech National Council on minig activities, explosives and the state mining administration, and regulations issued on their basis and other and other by a generally binding legal regulations which govern safety and health protection at work, safety of equipment, fire prevention underground and working conditions in organizations carrying out mining activities or activities carried out by mining methods and for handling explosives,
  • c)safeguarding of safety state of the underground objects.

 

 

Tuesday, 01 April 2014 09:20
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The State Mining Administration is the oldest historically documented state institution active within the Czech Republic. Looking into the past will bring us at least into the seventies of the last century, to be exact into the year 1871, when the modern structure of mining offices was created with law no.77 of the Imperial Code. This followed an entire scheme of mining institutions, which have sparked to life in the 16th century.

 In the year 1534 Ferdinand I. signed a treaty with states often referred to as the "settlement of mountains and metals". Among the core principles was the division of all upper institutions to: central institutions (mint master and mint officials) subordinate to the king, institutions shared by the king and the nobles (corporal and mint employees) and other institutions (reeve, etc.), which were subordinate only to the nobles. The supervision of all mines however remained the sole power of the King, assisted by the supreme mint master.

 In the year 1548 Ferdinand I. passed a new king’s mining code for Jáchymov, which was based on the lus regale montanorum system of Václav II. from the year 1300. It set out the chief institution as that of the marshal, which along with other key institutions was subordinate to the king’s cabinet. Similarly, the high court was subject to the king’s high marshal, who was the single appellate body, and after his decision the only further appeal could be made to the king himself.

 The following time span of more than three hundred years was a time of many fruitless attempts to unify the myriad of mining laws in effect in the Czech and Moravian territories, amended by a series of court decrees. Only with the expansion of mining as a modern industry does the development of mining legislation begin to take shape within the contemporary Czech Republic. This development began with the passing of a General Mining Law, which was passed by an imperial charter on 23 May 1854 and announced in the imperial codex from the year 1854 under number 46. Among other things, in its 12th part it encompassed some basic regulations regarding the competency of mining offices (Twelfth part: Of Mining Office’s top supervision over mountains and of their procedures meanwhile). On the basis of this law another was passed in the imperial codex on 21 July 1871, no. 77 regarding the establishment and competency of Mining Offices. This law also detailed the rights and responsibilities of mining regions. In the years 1919 and 1928 new laws were passed, but they only adjusted territorial competency, the organizational structure remained.

A noticeable reorganization of the State Mining Administration wasn’t carried out until after World War II, with government regulation no. 20 on 6 April 1954, about the organization of the State Mining Administration. This government regulation dissolved the mining area of Prague and Brno and regional mining authorities were changed to district mining authorities. As demonstrated below, this structure is somewhat similar to the current one.

 According to this government regulation, the following were established in order to carry out the state mining responsibilities:

  • Central Mining Authority in Prague,
  • District Mining Authorities in Prague, Kladno, Plzeň, Kutna Hora, Karlovy Vary, Teplice, Brno, Ostrava, Banska Bystrica, Košice, Spišska Nova Ves and Bratislava.

The Central Mining Authority was established as a central institution of state administration within the Czechoslovakian Republic. It is governed by a chairman, which was instituted and recalled by the government according to the suggestions of the current chairman of government. Chairmen of Regional Mining Authorities were instituted and recalled by the chairman of the Central Mining Authority.

 

The General Mining Law from 1854, although with many changes mirroring the changes in national economic strategies, remained the same until 1957. In this year a new mining law was passed, namely law no. 41 from 5 July 1957, regarding the usage of mineral wealth (mining law). A new basic structure of supreme supervision of the State Mining Authority was altered with § 46- 48 of the aforementioned law. The law established that the upholding of mining regulations will be supervised by the State Mining Administration. On the basis of Government Resolution of 22 December 1957, No. 1268 a decree No. 259/1957 of the State Mining Office’s chairman announced the status of the State Mining Administration. It also transformed the organization and competency of the State Mining Administration, specifically in great detail outlined the competencies of District Mining Authorities and the Central Mining Authority. In the following years the powers of the individual institutions gradually expanded.

After the 1968 federalization of state came about a division of the State Mining Administration. The following were established: A Czech Mining Authority located in Prague with competency within the Czech Republic, and a Slovakian Mining Authority located in Bratislava with competency within the Slovakian Republic. The Czech Mining Authority was established with law no. 2/1969 Coll., about the establishment of ministries and other central institutions of state administration of the Czech Republic.

 

A significant change in the competency of the Czech Mining Authority and the District Mining Authorities came about with the introduction of a new law by the Czech National Council No. 24/1972 Coll., regarding the organization and broader supervision of the State Mining Administration.

The first part of this law arranged the organization of the State Mining Authority in the Czech Socialist Republic. According to this law, the State Mining Authority would be carried out by the Czech Mining Authority as the central institution of state administration, along with nine regional mining authorities located in Kladno, Pilsen, Sokolov, Most, Trutnov, Brno, Ostrava, Příbram and Liberec. Areas of competency of the regional mining offices were set out by a decree of the Czech Mining Authority No. 25/1972 Coll.

 

The second part of that law was far more important to the functionality of mining institutions, as it broadened the scope of the State Mining Authority’s supervision over activities, which technically corresponded to labour carried out within the mining industry.

 

The Act No. 41/1957Coll., and the Act. No. 24/1972 Coll., remained unchanged until the year 1988, when a new federal mining law was passed as law No. 44/1988 Coll., regarding protection and usage of mineral wealth (mining law), and the Act No. 61/1988 Coll., about mining activity, explosives and of the State Mining Administration. The Act No. 44/1988 Coll. broadened the competency of the State Mining Administration to other tasks, namely in the area of protection of mineral wealth. The the Act No. 61/1988Coll., significantly broadened the State Mining Administration’s competency namely over the usage of explosives.

 

Taking into account the economical changes brought about after the year 1989 and the consequential publishing of new laws, even mining the the Act No. 61/1988Coll.was greatly novelized. In order to allow private business activity of physical and legal individuals in areas of mining activity, particularly when mining exclusive mineral deposits, the State Mining Administration and its institutions were given new competencies, namely in the field of collecting fees for mining sites and for the extracted exclusive minerals.

 

Finally it is worth mentioning that even the building, where the Czech Mining Authority is located, has celebrated a hundred years jubilee. It was built in the years 1898 and 1899, though it is likely that the office had resided here much earlier. In Langweil’s model of Prague from the year 1930 the former facade of the house is decorated with a shield baring the imperial eagle, which shows that even back in that time government offices occupied this building

 

 

The building of the Czech Mining Authority, Kozí 4, Prague


 

Friday, 05 September 2014 00:00
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1) Activities of the Czech Mining Authority are set by § 40 of the Act No. 61/ 1988 Coll., of the Czech National Council on minig activities, explosives and the state mining administration.

2) The Czech Mining Authority shall perform the functions of supervision of the bodies of the State Mining Administration.

3) The Czech Mining Authority shall regulate the operation of the State Mining Administration and the activities of the District Mining Authorities and shall rule on appeals against their decisions and shall permit transfer, export, import and transit ox explosives.

4) In the exercise of supervision, the Czech Mining Authority shall

    1. a) impose measures for ensuring the economical use of mineral deposits, safety and health protection at work and safety of operation, and for this purpose shall organize, regulate and carry out special inspections,
    2. b) carry out inspections of workplaces, activities and equipment, in the course of which it shall determine how the district mining authority is fulfilling its obligations under the Mining Law, the present Act and regulations issued on the basis of these,
    1. c) give its agreement to the establishment, or if appropriate order the establishment of district mine rescue stations, specify their headquarters and define their competence, approve their official order, determine the conditions for bringing the into operation, check the professional competence of their managers, and inspect the condition, organization and equipment of district mine rescue stations; it may also, in consideration of the nature of the work, its degree of hazard and with regard to the local conditions, order an organization to establish a mine rescue service for activities carried out by mining methods,
    2. d) impose measures for ensuring health and safety at work and safety operations in handling exlosives and for this purpose shall organize, regulate and carry out special inspections.

In the execution of funcions according to paragraph 3, the Czech Mining Authority shall have the rights and responsibilities stated in Art. 41 (1) letters (a) and (c).

 

5) The Czech Mining Authority shall

    1. a) keep overall records of mining spaces and changes therein; operated mine works and comprehensive records of authorizations for mining activities and activities carried out by mining methods ( Art.5 (2), maintain comprehensive records of underground objects only for purpose of supervision and changes therein. Data in the records shall be retained permanently,
    1. b) manage and coordinate research and development in the scope of the State Mining Administration , which is funded from state resources,
    1. c) fulfil obligations of the Czech Republic for Commission arising from this Act,
    2. d) permit individual types of explosives for their first using in hazard conditions and in hazard aereas ( § 28a),
    3. e) perform the tasks of the supervisory body pursuant to special Act18f) in respect of explosives and supervise whether an EC conformity assessment certificate has been issued for explosives, on the basis of which the „CE“ marking has been placed on the explosives.
    1. f) lay down special conditions to ensure health and safety at work and safe operations , including the safety of use of reserved and other technical equipment when handling explosives,
    1. g) guide and coordinate research and development and permit the trial operation of equipment and systems as part of research and development and lay down the conditions on this respect to ensure health and safety and safe operations,
    1. h) fulfil tasks of the supervisory tax administrator under the Tax Code and issue forms for admission to payments paid under the Mining Law.

6) The Czech Mining Authority shall also

    1. a) after consultations with the most representative organizations of employers and workres concerned work out and where appropriate review in cooperation with main health officer draft on safety and health in mining activities in mines,
    2. b) perform and co-ordinate in cooperation with the relevant central bodies the functions of international co-operation in the field of its competence,
    3. c) register data concerning occupational accidents,operating accidents and dangerous occurrences that came about by mining activities and activities carried out by mining methods and treatment with explosives, compile and publicate annual statistics from these data,
    4. d) keep records concerning issued certificates or cards of professional availibility
    5. e) keep records concerning imposed sanctions, its colection and submit their to the Ministry of finance of the Czech Republic,
    6. f) inform the pertinent bodies of the Commission on exploration of crude oil and flammable natural gas according to the legal regulation of the European Union.

 

Monday, 31 March 2014 13:19
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District Mining Office :

E-mail

 

Contact phone:

Jihomoravského a Zlínského v Brně This email address is being protected from spambots. You need JavaScript enabled to view it.   +420 545 321 274
Hlavního města Prahy a kraje Středočeského v Praze This email address is being protected from spambots. You need JavaScript enabled to view it. +420 221 775 372

Libereckého a Vysočina v Liberci

This email address is being protected from spambots. You need JavaScript enabled to view it.

+420 485 340 928

Moravskoslezského a Olomouckého v Ostravě This email address is being protected from spambots. You need JavaScript enabled to view it. +420 596 100 211
Ústeckého v Mostě This email address is being protected from spambots. You need JavaScript enabled to view it. +420 476 442 417
Plzeňského a Jihočeského v Plzni This email address is being protected from spambots. You need JavaScript enabled to view it. +420 377 222 367
Karlovarského v Sokolově This email address is being protected from spambots. You need JavaScript enabled to view it. +420 352 350 740
Královéhradeckého a Pardubického v Hradci Králové This email address is being protected from spambots. You need JavaScript enabled to view it. +420 499 815 700

 

logsed


The Czech Mining Office
Kozí 4
P.O. BOX 140
110 01 Praha 1 - Staré Město

Contact phone:
+420 221 775 311
Fax:
+420 221 775 363

© Český báňský úřad, 2014

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