In geological practice Fusion, Advanced research group , guides by two acts, governing the mining industries in the Slovak Republic. It is Mining Act and Geological Act.
Banský zákon - Zákon č. 44/1988 Zb
ZÁKON o geologických prácach č. 569/2007
Articles of the acts that define the work on gold deposits (FUSION group holds licenses for exploration) are listed below.
§21 Exploration area for selected geological work
§22 Determining change, transfer and cancellation exploration area
§6 Exclusive bearing
§24 Eligibility for the extraction of reserved deposit
§31 Powers and duties of exclusive organizations in mining deposits
§32 Plans for opening, preparation and extraction of reserved deposits and security plans and liquidation Main Mining and quarries
§32b Management of payment
Exploration area for selected geological work
(1) Selected geological work can be performed only in the exploratory area, which determines the ministry. Decision determining the exploration area is not a land use decision under special predpisov.24)
(2) Selected geological work are
a) bearing minerals exploration commitment in addition to prospecting in the mining area, 6)
b) a hydrogeological survey
1. thermal groundwater
2. mineral water
3. groundwater for the identification and verification of geological conditions for the establishment and operation of equipment for industrial use of geothermal energy.
(3) Exploratory space area is defined on the surface of an geometrical figure to direct the parties without open areas, beneath the surface bounded by planes passing zvislými parties.Peaks border exploration area on the surface are determined by the coordinates in the current coordinate system. Exploratory territory on a proposal by the Ministry of the customer.
(4) Exploratory areas for the same purpose can not overlap or partially.
(5) Exploratory areas for different purposes can not be partially or completely overlap, if it would substantially more difficult or impossible to carry out geological work or the use of their results, particularly for developmentally or space exploration-related mineral deposits or restricted exploration of different types of groundwater.
Determining change, transfer and cancellation exploration area
(1) survey of contaminated areas designated by the Ministry up to four years, the proposal of a natural person-entrepreneur or a legal person, 25) which is the principal (the holder of the exploration area "), this limit may be extended for another four years, again on the other two years, and if a specified period is insufficient to complete the activity, may be the holder of a renewed exploration area for a period which is strictly necessary to complete the geological works. The extension must be requested at least three months before the deadline.
(2) The area of exploration area can be up to 250 km2. Exploration area may include only one exclusive deposit with the designated protected deposit area for the same kind of mineral.Exploratory territory can not include exclusive deposit with the designated mining area for the same kind of mineral.
(3) The holder of the exploration area, with the approval of the Ministry contracted to convert an exploratory territory for another person (hereinafter "contract transfer") at the earliest in the second year of validity by specifying the exploration area. The holder of exploration area is required to contract for the transfer of exploration area to another person (hereinafter referred to as "transfer contract") submit to the Ministry in a single copy within 15 days from its conclusion. Ministry Decision granting consent to the transfer of the contract, approval is withheld if the holder of the exploration area in the first year of validity by specifying the exploration area has not made any geological work under the project of geological problems.Agreement concerning the transfer is valid after the entry into force of the decision of the Ministry of granting consent to the transfer contract. Payment for exploration territory in the year of the decision on determining the exploration area must be paid before the transfer. The new holder of the exploration area is required to comply with the terms of a decision determining exploration area designated pursuant to § 23 par. 12.
(4) If geological work has not begun a project carried out according to the geological project within one year from the date on which a decision identifying exploration area came into force on or after the effective date of the transfer contract under paragraph 3, the Ministry may revoke survey of contaminated areas. If geological work has not begun or implemented by the end of the second year after the entry into force of the decision determining the exploration area, the Ministry cancels survey of contaminated areas.
(5) Geological work is considered to have started if their implementation has made in the first year of the decision determining the exploration area at least 10% of the total planned financial scale of geological works, at the bearing geological exploration for oil and combustible gas for at least 5%.
(6) Wallpaper exploration area, the Ministry by the holder of exploration area change if the change will contribute to fulfilling the purpose for which it was issued.
(7) Department by the holder of exploration area or of its own initiative, decided to cancel the exploration area, where the geological work permanently stopped before the deadline stipulated in paragraph 1
(8) The Ministry decided to cancel the exploration area, if the holder of the exploration area repeatedly violates the obligations stipulated in this Act or a decision issued on the basis of its laws or regulations issued to protect the environment, or fails to present an annual report for exploration activities pursuant to § 25 par. 1 nor to challenge the Ministry in the prescribed period.
(1) Ministry of Environment of the Slovak Republic shall issue a certificate of deposit for exclusive review and approval of the final report which shall include the calculation of reserves exclusive deposit.
(2) A certificate bearing the exclusivity transmit to the Ministry of the Environment District Mining Office, community, governance Land 2 ) a legal person or natural person, which the Ministry of Environment survey of contaminated areas identified exploration exclusive deposit (the "Survey territory ") 2 ).
Eligibility for the extraction of reserved deposit
(1) the exclusive right of mining deposits and waste mined minerals is an organization that has a mining license (12a) to be identified mining area.
(2) The preferential right to determine the mining area, the organization has designated exploration area 2a ) carried out a survey at their own expense. Priority can be applied to determine the application to the extraction area within six months after assessment and approval of the final report containing a calculation of reserves in the period of deposit, the geological survey by the Ministry of Environment of the Slovak Republic pursuant to § 14. 3.Pending a decision on the designation of exploration area is not possible in his Frontiers will determine the mining area to another organization for the same type of mineral for which it is intended prieskumné territory, except Organisations implementing a preferential right to determine the extraction area by the deadline in the preceding sentence.
Proceedings of the suggestions of other organizations to determine the extraction area for the same period of deposit lodged in accordance with paragraph 2 District Mining Office discontinued.
(4) If an organization under paragraph 2 prerogative to determine the extraction area within the time limit did not apply and the proposal to determine the mining area brought another organization or more other organizations in the period under paragraph 2 or after that period, the District Mining Office will tender. Notice of initiation of the selection process and basic data on exclusive deposit District Mining Office published in the Business Journal at least 90 days before the date of adoption of draft to determine the extraction area. If the tender for the exclusive deposit, which are reserved minerals found in § 3. 1 point. b) sends the District Mining Authority notice of initiation of the selection process and basic data on exclusive deposit and the Office for Official Publications of the European Communities, published in the Official Journal of the European Union, the selection procedure was completed before the expiry of 90 days from publication in the Official Journal of the European Union . During the tender District Mining Office of the process of determining the extraction area to ask for a stay.
(5) Basic information to the District Mining Authority in the notice of initiation to tender published in the Official Journal of the European Union and the Business Journal in the preceding paragraph are:
a) type of permit,
b) address, which must be sent to the design and completion date of receiving proposals
c) conditions of participation in the competition,
d) the exclusive deposit, in particular mineral type, location of deposits, data on mineral reserves,
e) Conditions for obtaining copies of the documentation on the designation of a protected deposit area,
f) criteria for evaluating proposals,
g) guidance on the submission of proposals
h) the expected date of authorization,
i) the information referred to in paragraph 6. d).
(6) The data referred to in paragraph 5 tenderer demonstrates
a) mining authorization of the organization applying for mining area,
b) proposed method of waste management;
c) report on the prior performance of mining activities,
d) documentation of compliance with requirements for the content of the proposal of the tenderer:
1. proposed route of conquest, and the method of opening, preparation, editing and refining the preliminary terms otvárkových, preparatory works and mining,
2. measures to reduce the impact of activities on the environment,
3. the sponsor of the financial possibilities,
4. the sponsor of the technical possibilities,
5. information on addressing conflicts of interest,
6. calculation of the expected benefits of the mineral deposits for use of State for the estimated payments for reimbursement for minerals extracted from exclusive deposit.
(7) Declared terms of the tender can not be changed during the procedure.
(8) The evaluation of proposals for the establishment of the mining area submitted in the tender District Mining Office set up a commission which has at least five members. Board members appointed by the Chairman of the District Mining Office of the representatives of the District Environmental Office, the village, on whose territory the mining area, the Slovak Mining Chamber and the District Mining Office. The Commission has a quorum if an absolute majority of its members.
(9) A commission member is required on all the facts they learned during the performance of his duties or in connection therewith, to maintain confidentiality even after termination of your membership in the Commission, and the three years since the handover of the minutes of proceedings and results of tender Chairman District Mining Office.
(10) President District Mining Office on a proposal from the Commission excluded from the tendering participant, which
a) has not fulfilled the conditions of participation,
b) submitted invalid documents
c) fails to provide required documents or information or
d) provided false or distorted information.
(11) The President of the District Mining Authority on the exclusion from tender inform the tenderer of the reason why he was excluded from the competition.
(12) After the defense submissions of the tender commission will evaluate the proposals for the establishment of the mining area in terms of
a) meet the requirements specified in the tender conditions,
b) proposed method of mining deposits, including the exclusive location of landfills, dumps, tailing ponds and other storage materials,
c) address conflicts of interest,
d) other criteria, if specified in the notice of initiation of the selection process.
(13) Each member of the commission will determine the order of proposals to tender pursuant to the conditions set out in the notice of open tender; in the first place was a proposal that gets the most points from the first order by the various members of the Commission, if a number of proposals receive the same number placed at the place in the first place was a proposal that received the smallest sum of location, location suggestions for second and subsequent places will be determined by the lowest number of total placements.District Mining Office will begin the process of determining an extraction area of the tenderers, whose proposal was ranked first; other tenderers District Mining Office notified that their proposals were not successful in the competition.
(14) If the procedure for determining the extraction area, the tenderer which has been pending is designated as first withdraws its proposal or fails to comply with another requirement of the process of determining the mining area, the District Mining Office will suspend the proceedings and continue the proceedings with the parties to be tendered second place.
(15) District Mining Office after entry into force of the decision on the designation of mining area to conduct motion to determine the extraction area of the other bidders to stop.
(16) The Commission shall draft a course and results of tender, which together with other documentation underlying the decision of the District Mining Office in the procedure for determining the mining area; report on the process and results of the selection signed by all committee members present, if any of committee members report on progress and outcome of tender refuses to sign, indicating the reasons for refusal.
(17) If the commission determines the order of proposals to the tender, or if none of the applicants fulfill the conditions of tender, the Commission will propose the President of the District Mining Office tender cancel and write a new selection process.
(18) President District Mining Office to cancel the tender without delay inform the bidders with the reasons why the tender was canceled.
(19) Details of the negotiations the Commission and the Commission's procedure in evaluating the proposals submitted to the tender under this section and § 27a of the generally binding legal regulation, the Ministry of Economy of the Slovak Republic.
Powers and duties of exclusive organizations in mining deposits
(1) If the mining of mining in the area found bearing mineral other restricted than that for which the designated mining area, the organization shall promptly notify the Ministry of Environment of the Slovak Republic and the District Mining Office. If exploration verifies that the bearing can be detected and conquer his conquering another organization would not be rational, the District Mining Authority may impose an obligation to the organization and conquer this exclusive deposit (§ 27). In cases where mining this exclusive deposit was not rational, the organization is required to make the newly identified bearing the appropriate measures for their protection.
(2) For more accurate knowledge of the quantity and quality of reserves, the geological and mining conditions banskotechnických organization is required during mining to ensure the necessary advance the frontiers of its mining area further exploration. For this survey apply mutatis mutandis the provisions of § 11
(3) For the purposes of mining deposits exclusive organization is authorized
a) establish the borders of the mining area, and if necessary beyond, building and operating facilities which are necessary for opening, preparation and extraction and activities carried out in connection with the conquest exclusive deposit and for the treatment or refining of minerals carried out in connection with their extraction and transport of all necessary equipment and materials,
b) take to the tasks specified in this Act or the property rights to real estate decisions on expropriation, where establishment of right of use, the expropriation proceedings, special rules apply. 16 )
(4) Upon completion or termination of operation of the main workings and quarries, where they can not be any other use under this Act or special regulations 16e ) or do not compromise or harm the interests protected by special legislation 16f ) the organization is required to make their disposal under § 32 and make the rehabilitation of agricultural land and forest land affected by mining activity under a special regulation, 16 g ) if the organization and owner of the property on which the main work of mine or quarry built, otherwise agree.
(5) If the permanent exclusion of agricultural land or permanent removal of forest lands are concerned, the reclamation of land according to the reclamation plan for approval which an organization ask the District mining office at least six months before the completion or termination of operation of the main workings and quarries.
(6) If the relevant government authorities, in agreement with the sub-district Mining Authority and higher territorial units have decided to use the main workings and quarries for other purposes, the organization is required to post or permanent cessation of operation of the main workings and quarries, in agreement with those interested in other uses of mining and quarries as well as carry out eradication work, which do not prevent their use. If government authorities to protect monuments 16h ) announced the construction of mining, quarry or mining works as a national cultural monument, the organization is required to post or permanent cessation of operation of the main workings and quarries to make only a winding-up work, which do not cause damage to the monument value; this does not affect the obligations under a special regulation. 16h ) If government authorities regarded the environment mining construction, mine or quarry work as an important element of the territorial system of ecological stability or for important habitat under special regulations, 16i ) the organization is required to post or permanent cessation of operation of the main workings and quarries to make only a winding-up work, which do not cause harm to their value in terms of environment, without prejudice to the obligations under a special regulation. 16i )
(7) If the competent authorities referred to in paragraph 6 of the candidates agree on the transfer of ownership or management of mining and quarries to candidates that will take place under a special regulation. 16j )
(8) Discard the Main Mining and quarries used for other purposes pursuant to paragraph 6 shall, after completion of their use of the person making them used by agreement.
(9) Details of the contents of the reclamation plan generally binding legal regulation issued by the Ministry of Economy of the Slovak Republic.
(1) The organization shall identify and record the
a) mining and exclusive deposit výrubnosť, capacity utilization, pollution and loss of harvested exclusive deposit
b) preparation and refining of minerals extracted the contents of their utility and harmful ingredients in the batch, the feedstocks, the final product presentation and also in refining waste,
c) mining the amount and types of materials stored in heaps, dumps, tailings storage sites and other materials.
(2) Details of the contents of the register dumps, výsypiek, tailing ponds and other repositories materials and statements on the quantities and types of materials deposited by a generally binding regulation issued by the Ministry of Economy of the Slovak Republic.
(3) organization is registered and in mined minerals and rocks supporting petrographic and mineralogical composition, method and form of their relationships, content and chemical bonds of commercial and harmful components and physical-mechanical properties of Chemical and mined minerals.
(4) The organization uses the results of the findings recorded in accordance with paragraphs 1 and 3 in the planning and management of the opening, preparation and extraction of reserved deposit, as well as editing and refining of extracted minerals.
Plans for opening, preparation and extraction of reserved deposits and security plans and liquidation Main Mining and quarries
(1) The organization shall have its defined mining area for extraction of reserved deposits, is obliged to draw up plans for opening, preparation and extraction of these deposits, as well as plans for the prevention, reduction and disposal of environmental burdens.
(2) Plans for opening, preparation and extraction must provide sufficient time for opening and preparing the exclusive deposit from getting and its rational and continuous mining around the use of appropriate mining methods and security operations.
(3) If the opening, preparation and miners threaten the operation or use of the reserved deposit in the mining area of another organization, the District Mining Authority shall determine the necessary measures, in particular order and how to conquer exclusive deposits.
(4) Before stopping the operation of the main workings or quarries in the organization is required to develop plans for their protection or liquidation.
(5) Details of the plans for opening, preparation and extraction of reserved deposits and security plans and the disposal of the main workings and quarries established Ministry of Economy of the Slovak Republic generally binding regulation.
(1) The organization shall have its defined mining area, and the Slovak government has declared setback program for exclusive deposit mining in the extraction area, pays compensation for mining area 20 000 Sk per year for each started km 2 surface content of the mining area.
(2) The organization shall have its defined mining area, pays compensation for minerals extracted from exclusive deposit for which the mining area determined. The rate of payment is more than 20% of the market price of products made from mined minerals, and of radioactive minerals and minerals, the rate of reimbursement for other minerals up to 10% of the market price of products made from mined minerals. In calculating this payment is based on the share of costs for mining and the total cost of the manufacture of products.
(3) organization shall pay for the storage of gases or liquids in natural rock structures and underground spaces (§ 5 par. 2) (hereinafter referred to as "storage of gases or liquids). The rate of payment is more than 0, 02 Sk for storage (push) 1 m 3 of gas or 1 t liquid.
(4) Payments under paragraphs 1 and 2 calculated organization have its defined mining area, pay for storage of gases or liquids, calculated pursuant to paragraph 3 organization that has allowed the mining activities. 16b )
(5) Reimbursement under paragraph 1 is 20% of state budget revenues and 80% of income municipalities on whose territory the mining area. If a mining area located in the territories of several municipalities, the District Mining Authority shall determine the relative proportions of municipalities by size of part of the mining area for their territories. Relevant part of the payment be paid to the District Mining Office budget of the municipality within 30 days of receipt of payment.
(6) Payments under paragraphs 2 and 3, the Environmental Fund.
(7) The obligation to pay remuneration for the mining area begins the calendar year following the year in which the mining area was determined, and ending the year in which the mining area has been revoked or has ceased to be authorized organization for extraction of a reserved deposit pursuant to § 27 paragraph. 13. Reimbursement shall be paid annually, no later than the end of February of the calendar year. At that time the organization by the District Mining Office grant payment for the mining area.
(8) Payment for mined minerals and reimbursement for storage of gases or liquids shall be paid quarterly to each end of the third month following quarter. At that time, submitted by organizations of the District Mining Office grant payment for mined minerals and admission charges for storage of gases or liquids.
(9) At the request of an organization, the district mining office in calendar year to authorize the payment of remuneration for mined minerals or charge for storage of gases or liquids for the quarter of the calendar year in installments so that the reimbursement paid by the end of March the following year. The authorization of payment in installments paid by the District Mining Office at the same time charged to the applicant interest on the deferred amount of 140% discount rate set by the National Bank of Slovakia valid on the due date of payment.Interest is payable within 8 days of receipt of payment authorization of payment in installments.
(10) If the organization fails to pay the reimbursement in accordance with paragraphs 1 to 3, in a determined amount of time, to pay for each day of delay a penalty of 0, 2% of the arrears payment.
(11) Ministry of Finance of the Slovak Republic may, on request of the organization to reduce the payment for mined minerals and pay for storage of gases or liquids. Request for reduction paid by the organization sends Main Mining Office to 31 May of the year, which calls for the reduction in reimbursement. Main Mining Office, the application expressed by 30 June and the request with the statement submitted to the Ministry of Economy of the Slovak Republic, which it considered and the opinion submitted by 31 July, on the decision of the Ministry of Finance of the Slovak Republic. Ministry of Finance of the Slovak Republic before the decision sends the request to 31 Commission in August. 16c )
(12) Reduction of payment for mined minerals can be permitted in cases
a) exclusive use nebilančných stock bearings,
b) provision of state subsidies to the mining exclusive deposit
c) extraction with an exclusive deposit banskotechnickými particularly complex, geology or safety [§ 14a. 2 point. a)]
d) demonstrated the use of funds for the establishment and operation of green buildings,
e) disability binding upon the organization event or incident 16d ) to conquer the exclusive deposit
f) the public interest in conquering the exclusive deposit.
(13) reduction in reimbursement for storage of gases or liquids may be permitted in cases
a) binding upon the organization of disability event or incident 16d ) in the storage of gases or liquids,
b) storage (retraction) for gas or liquid state material reserves.
(14) for details on the mining area, payment for mined minerals and payment for the storage of gases or liquids, the rate of reimbursement, the method of calculating payments for and established by decree of the Slovak Republic.
Management of payment
(1) management of payment means the records and registration organizations obliged to render payments, verification of documents needed to properly and fully determine the reimbursement, the procedure for payments, checking the calculation of payments, recording úhrad including the settlement of overpayments and arrears, enforcement and other activities úhrad trustee payments laid down in this Act. Management of payment carried out by district mining offices.
(2) The District Mining Authority is authorized to report payments
a) request from the organization the information needed to calculate the payments, if there is doubt about the calculation of remuneration in return;
b) to inspect the correctness of the calculation and payment of levy arrears detected within five years from the date of submission of grant payments,
c) to levy penalty payments for late payment if the amount is more than 1 000 Sk
d) recover a penalty on arrears of payment (§ 32a paragraph. 10), reward and penalty can not be recovered after the expiration of ten years following the year in which reimbursement or part thereof, and penalties due.
(3) reimbursement of the overpayments identified will be used on payment in the next year with the organization liable to pay.
(4) The organization shall submit to the District Mining Office to check payments for the relevant documents.