52/1988 Coll.
Act of the Slovak National Council
dated April 20th, 1988
on geological works and on the Slovak Geological Institute
Amendment: 497/1991 Coll.
The Slovak National Council has resolved this Act as follows:
PART ONE
BASIC PROVISIONS
Article 1
Purpose of the Act
The purpose of this act is to establish conditions on expert and rational design making, the execution and evaluation of works in geology, their co-ordination and control, exploitation of the results in the national economy, science and engineering, as well as to specify the status and activities of the Slovak Geological Institute.
Article 2
Geological Work
(1) Geological works according to this Act, are understood to be geological survey, which involves the following
a) the examination, evaluation, documentation and description of the geological structure and its legality,
b) the search and survey of exclusive mineral deposits, verification of its reserves and working out ways to exploit and preserve geological resources,
c) the search and survey of ground mineral water springs including natural medicinal, table mineral and thermal waters, verification of their usable supplies, examination of negative effects on their quality and volume, as well as working out ways to exploit and preserve geological resources,
d) the finding out and evaluation of engineer-geological and hydro-geological conditions of the territory, mainly for the purpose of layout planning, documentation and realisation of a building site including the stabilisation of the slide area,
e) the finding out and evaluation of geological conditions on the provision, operation and disposal of the equipment intended to store gasses, liquids and waste in natural rock structures and ground spaces, on industrial exploitation of thermal energy from the crust of the earth, and on the security and liquidation of old mines, 1)
f) the finding out and evaluation of geological factors having an effect on the environment, including influences on these factors from man-made activities (anthropogenic influences)
(2) When in doubt whether some competence is a geological work according to the section 1, the Slovak Geological Institute will make decisions after negotiation with the Slovak Mining Institute.
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1) Article35 of the Act No.44/1988 Coll. on the preservation and exploitation of mineral resources (Mining Act).
SECOND PART
AUTHORISATION ON THE EXECUTION OF GEOLOGICAL WORKS AND
THE IDENTIFICATION OF SURVEY TERRITORY
FOR THE DEPOSIT OF RESERVED MINERALS
Authorisation and Technical Competency to Execute Geological Works
Article 3
(1) Geological works can be executed by
a) legal entities and natural persons (hereafter "organisation") in the scope of their enterprising activities 1a) on the basis and to the extent of permission granted by the Slovak Geological Institute,
b) Geofond in Bratislava in relation to the registration, evidence and access to the results of geological works and the Geological Institute of Dionýz Štúr in Bratislava, in relation to the projection, execution and evaluation of geological survey,
c) the Slovak Academy of Sciences, the Czechoslovak Academy of Sciences, universities, technical secondary schools and secondary trade schools executing geological works as survey or pedagogic work.
d) organisations in the course of mining deposits of reserved minerals to the extent determined by special provision .2)
(2) The license to execute geological works is granted if the organisation is able to execute them properly, has skilled workers in the sphere stated above and has the proper technical facilities. The license must specify all the conditions together with the term of validity. The license can be revoked, if the organisation is no longer able to execute geological works properly or does not fulfil the conditions specified in the license.
(3) The Slovak Geological Institute has all organisations that have been granted
to perform geological works listed in its files.
(4) The license to execute geological works may involve their projection and evaluation as well.
(5) The owner (user) of the land where the deposit is located can besides the organisations stated in section 1, also execute the search of a deposit containing non-reserved minerals3), assuming that only surface works will be performed. These geological works executed by the owner (user) of the land are in respect with analogic provisions Article 2, 12, 19, 20 and 22.
(6) Skilled workers’ abilities is understood to be the entirety of practical experiences and knowledge of generally valid orders and other provisions revising the projection, execution and evaluation of geological works. Expert qualification is verified by an examination and certified by the issuing of the expert qualification licence. The Slovak Geological Institute certifies the expert qualification of workers.
(7) The details on granting the license to execute geological works, the administration of organisations with the granted license, as well as the requirements on the expert qualification of the workers to project, execute and evaluate geological works, the system of verification of the expert qualifications of the workers and the specification of their sphere is determined by generally valid order.
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1a) Commercial Code for example.
2) Article 31 section 2 of the Act No. 44/1988 Coll. on the protection and exploitation of mineral resources
(Mining Act) in wording of the Slovak National Council Act No. 498/1991 Coll.
3) Article 7 of the Act No. 44/1988 Coll.
Article 4
Territory under Survey
(1) An organisation may perform search and survey of reserved mineral resources 3a) only on the Territory under Survey specified in Article 4a section 1.
(2) The Territory under Survey will be specified to survey and survey the reserved mineral resources separately for every single aim monitored by the project of geological works.
(3) If an organisation, that was assigned the Territory under Survey, has no license to execute geological works according to 3 section 2, the search and survey of reserved mineral resources can be sponsored by an organisation with the specified license.
(4) An organisation, other than that which has a Territory under Survey specified according to section 1, can perform other geological works in the Territory under Survey only with written approval of the organisation assigned the Territory under Survey. In case of disapproval, the Slovak Geological Institute will make the decision.
(5) The borders of the Territory under Survey will be determined on the surface by a closed geometrical pattern with no open surfaces, bordered under the surface by vertical planes; the top points of the borders will be determined by co-ordinates in a valid co-ordinate system.
(6) A supplier 3c) will draw the borders of the Territory under Survey in territory planning documentation 3b). The competent Environmental Authority can render a territorial statement in Territory under Survey with the approval of the Slovak Geological Institute or when conditions specified by the Slovak Geological Institute were met.
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3a) Article 3 sec. 1 Act No. 44/1988 Coll.
3b) Article 8 and 12 Act No. 50/1976 Coll. on territory planning and building system (Building order) in wording of the later provisions.
3c) Slovak National Council, Act No. 369/1990 Coll. concerning municipal provision, Annex B, items 1 to 8.
Slovak National Council, Act No. 595/1990 Coll. on the state administration for the environment,
Annex A No.28 to 33, Annex B items No. 13 to 15, Annex C items No. 69 to 90 and Annex D items No. 5 to 25.
Article 4a
Specification, Changes, and Cancellation
of the Territory under Survey
and its Registration
(1) The Slovak Geological Institute will specify the Territory under Survey and its changes after a settlement with the District Environmental Institute has been reached on the proposal of the organisation executing or ordering geological works. The specification of the Territory under Survey is not a territorial statement according to special provisions. 3d)
(2) The validity of the decision on specification of the Territory under Survey is limited to a period of four years at the most; it can be prolonged up to an additional 4 years on the basis of the organisation’s proposal and approval of the District Environmental Institute.
(3) The decision on specification of the Territory under Survey will lose its validity, if the searching and survey of the exclusive mineral deposit does not commence within one year of the day when the decision came into effect.
(4) The Slovak Geological Institute will abrogate the decision on the Territory under Survey after the searching and survey of the exclusive mineral deposit ends or is permanently stopped before the expiration period specified in section 2, or if conditions specified in view of authorities and organisations as the owners of the interests protected after special provisions (Article 22) have been broken. The Slovak Geological Institute will notify the decision on the cancellation of the Territory under Survey to the District Environmental Institute.
(5) The Slovak Geological Institute registers the Territory under Survey, its changes and cancellation. The institute can delegate some other affiliated organisation to perform the registration.
(6) Details on the procedure, proposal soundness and conditions to specify the Territory under Survey, the changes and the cancellation of, their administration as well as execution of other geological works on the Territory under Survey is constituted by general orders.
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3d) Article 32of the Act No. 50/1976 Coll.
Article 4b
Proceedings on the Specification, Changes and
Cancellation of the Territory under Survey
(1) The proceedings on the specification, changes and cancellation of the Territory under Survey (hereafter "proceedings on Territory under Survey") will be commenced by the organisation’s proposal. The proposal will be complemented by data on the licence to execute geological works according to Article 3 sec. 1 subparagraph a), documentation ordered by executing provisions to this act and documents ordered by special provisions (Article 22). The Slovak Geological Institute will specify which other documents must be attached to the proposal to reliably evaluate the effects on geological works.
(2) If there are more proposals from organisations to specify the same intention of search and survey the Territory under Survey, the Slovak Geological Institute will commence the proceedings on the Territory under Survey proposed by an organisation which first registered the proposal, if all conditions according to section 1 were fulfilled. If an open contest to search and survey the reserved minerals deposits has been declared, the Slovak Geological Institute will assign the Territory under Survey to the organisation, whose proposal was accepted by the announcer.
(3) The participants in the proceedings on the Territory under Survey are the organisation and the Subdistrict Environmental Institution where the Territory under Survey is located.
(4) The Slovak Geological Institute will announce the commencement of the proceedings on the Territory under Survey to the respective state administration authorities and the participants in the proceedings seven days before verbal negotiation at the latest and will direct verbal negotiations connected with local visit.
At the same time it will notify the participants in the proceedings of the fact that they can apply their suggestions and proposals during verbal negotiation at the latest, or else they may be ignored. Authorities or organisations that expressed their opinions on the Territory under Survey following separate provisions (Article 22), will not be invited to the proceedings.
(5) The respective state administration authorities will notify their views within the period specified by the Slovak Geological Institute, but not more than 15 days or else they may be ignored. When some state administration authority needs more time to judge the proposal, the Slovak Geological Institute will prolong the period specified accordingly if asked to.
(6) In the Territory under Survey statement, the Slovak Geological Institute will specify conditions granting interests of the organisation in the search and survey of reserved minerals deposits on the territory, decide on objections by participants in the proceedings and after conditions specified in views of the respective authorities of the state administration. Special provisions modify the priority of an organisation, which the Territory under Survey has been assigned to. 3e)
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3e) Article 24 sec. 23 of the Act No. 44/1988 Coll.
Article 4c
Remittance for the Territory under Survey
(1) The organisation the Territory under Survey has been assigned to is liable to pay 1500 Sk
for every originated square kilometre of the Territory under Survey. When the validity of the resolution
on the Territory under Survey statement has been prolonged according to Article 4a sec. 2, the remittance will be increased up to 6000 Sk for every originated square kilometre of the Territory under Survey.
(2) The organisation the Territory under Survey has been appointed to is liable to pay the remittance according to section 1 three months after the expiration of each year counted since the day of validity of the resolution on the Territory under Survey. The remittance is income to the state budget of the Slovak Republic. If the remittance has not been paid within the period specified, the process follows special provisions. 3f)
(4) The organisation the Territory under Survey has been appointed to search and survey reserved minerals deposits financed from the state budget of Slovak republic is relieved from duty to pay the remittance.
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3f) Article 16 of the Slovak National Council Act No. 592/1990 Coll. on budget rules of the Slovak Republic.
THIRD PART
THE PROJECTION, EXECUTION
AND EVALUATION
OF GEOLOGICAL WORKS
Article 5
Stages and Complexity of Geological Works
Geological works are projected, executed and evaluated with effective division into integrated stages with complex utilisation of information acquired.
The division into stages and the requirements on the complexity of geological works will be specified by generally valid order in more detail.
Article 6
The Projection of Geological Works
(1) Geological works are projected, executed and evaluated according to the approved project on geological works. The project expresses geological works as the main goal and specifies methodical and technical procedures on expert, rational and safe execution. A part of the geological works project financed from the State Budget of the Slovak Republic is their budget and economic reasoning.
(2) During the projection of geological works, the evaluation of results and information acquired by earlier geological works are considered first. At the same time, it is found out whether geological works do not overlap the interests protected by special provisions (Article 22).
(3) The Slovak Geological Institute or another authority of the state administration headquarters, having entrusted resources of the state budget designated for geological works approves the project on geological works financed from state budget resources. The geological works sponsor approves the project on geological works financed from other resources other than the state budget.
(4) The applied procedure during the projection of geological works, when the overlapping of interests protected by special provisions occurs, and changes to it, will be modified in more detail by obligatory orders, which designate the names of the geological works project and the time when geological works execution can be initiated exceptionally before the project's approval.
Article 7
The Registration of Geological Works
(1) For the security of filing geological works and the use of known information, geological works are registered before the work commences. An application for registration is given by an organisation executing geological works. The registration is administered by an organisation commissioned by the Slovak Geological Institute within 30 days of handing in the application.
(2) The search for geological works and survey of the exclusive mineral deposits, the survey of the exclusive mineral deposits in its mining space 2) and geological works of a minor extent are not liable to the registration.
(3) Geological works that did not commence the execution within two years of the day of registration have to be registered again before commencement.
(4) In case the geological works are not realised, the organisation that asked for registration is obliged to inform the organisation that made the registration.
(5) Conditions and procedure of the geological works registration are revised in more detail by obligatory orders, also determining geological works not liable to the registration.
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2) Article 31 sect. 2 Act No. 44/1988 Coll. on the protection and exploitation of mineral resources (Mining Act) in wording of the Slovak National Council Act No. 498/1991 Coll.
Article 8
abrogated
Article 9
The Execution of Geological Works
(1) The organisation is obliged to execute geological works in an expert, rational and safe manner, in coincidence with the approved project on geological works.
(2) If during the execution of geological works the organisation finds out that some other methodical or technical procedure should be followed or there is a larger extent of work to be done than considered in the geological works project, the organisation has to propose a change in the project. Until the approval on change of the project is achieved, the organisation may proceed in geological works related to the change of the project, but only to the extent and within conditions specified by the authority or the organisation approving the project change.
(3) The organisation will propose a change in geological works or its suspension, as soon as it finds out that the aim of the project cannot be achieved, mainly if geological conditions significantly differ from assumptions in the project.
(4) The change in the project will be approved by an authority or an organisation who approved the project, assuming that changes in the project approval have not been delegated to some other authority or organisation.
(5) During the execution of geological works, the organisation is obliged to document, administer, supplement and keep written, graphic and material evidence (hereafter "geological evidence") properly and on schedule. The organisation also sees to specify all geological actualities during the advancement of geological work and directs the further execution of geological works accordingly.
(6) The execution of geological works, the pertinence and content of geological documentation will be revised in more detail by general orders, also specifying the period for the keeping of geological documentation.
Article 10
Evaluation of Geological Works
(1) The organisation evaluates the realised geological works. The evaluation of all geological works executed after the geological works project contains mainly the schedule and the results regarding the aim of the project, the new geological information including one not directly related to the aim of the project, mostly mineral resources and ground water springs. It also contains data on the finances expended on geological works.
(2) The pertinence and content of geological documentation will be revised in more detail by general orders, also specifying the terms on the evaluation of these works.
Article 11
Verification and Approval of the Results of Geological Works
The Slovak Geological Institute verifies and approves the results of geological works financed from budget resources in its account.
Article 12
The Handing-Over and Accessing of Results from Geological Works
(1) The organisation, bearing the expenses for the execution of geological works, is obliged to immediately hand over the results to the specified extent and the editing to the Slovak Geological Institute for permanent retention and further utilisation within two months of the approval.
(2) The Slovak Geological Institute accesses the results from geological works and provides information from these results to the legitimate interested party 4a) on conditions settled with the organisation during handing -over of the results. These conditions can be applied for a maximum of five years; after expiration, the results of geological works are accessed to the legitimate interested party without limitation.
(3) The provision of section No. 2 has no relation to the central organs of state administration of the Czech and Slovak Federal Republic and the Slovak Republic. The Slovak Geological Institute will access results of geological works upon their request without delay and provides the information for reasons of common interest and the observance of their mission.
(4) During the accessing of results from geological works to the legitimate interested party and the provision of information from these results, state, and trade and official confidentiality .5) must be preserved.
(5) The Slovak Geological Institute can entrust an organisation in her reference to keep and access the results from geological works.
(6) The handing-over of results from geological works and conditions on their accessing are arranged by generally valid orders.
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4a) The Order of the Slovak Geological Institute No. 9/1989 Coll. on the registration of geological works, on the handing-over and accessing of the results, on the search for old mines and the administration of their registry.
5) Act No 102/1971 Coll. on the protection of state secrets in wording of the Act No. 383/1990 Coll.
Act of the government of the Czech and Slovak Federal Republic No. 419/1971 Coll. on the protection of trade and official secrets in wording of the Act of the government of the Czech and Slovak Federal Republic No. 419/1990 Coll. on basic facts constituting the subject of a state secret.
Article 13
Exploitation of Results from Geological Works in Territorial Planning.
(1) Communities, district institutes and Subdistrict institutions tender to verification of geological estates of their territorial districts for the needs of territorial planning.
(2) During territorial action, authorities liable for territorial planning proceed in coincidence with the results of geological works mainly in relation to the preservation of discovered and prospective mineral resources and water springs.
(3) The Slovak Geological Institute provides information on the results from geological works to the territorial planning authorities if the results can influence the elaboration of territorial planning documentation and the environment.
(4) In the interest of rational advancement during territorial planning, the Slovak Geological Institute can determine the territory by special conditions of geological constructions mainly with respect to prospective mineral resources or the highly unfavourable geo-engineering estates, where the Subdistrict Environmental Institutions can issue the territorial decision only with their prior approval or after their specified conditions have been satisfied. In the territories of military regions 6) and in the interest of military regions, the Slovak Geological Institute proceeds after the settlement with the Federal Ministry of National Defence.
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6)the Act No. 169/1949 on military regions.
Article 14
Entering onto Private Property and its Application
(1) Authorities of organs or organisations can, for the purpose of projecting, executing and evaluating geological works, their inspection and after the previous written order of the owner (user), enter onto private property to the necessary extent and in strictly necessary time, to establish the sites, the drive-way, the water and the energy feeder, execute essential territorial works and remove the covering. Adequate compensation is adherent to the owner (user) for such use of the property. Nevertheless, the rights and interests of the owner (user) of the property, protected by law, must be interfered with as little as possible, and care must be taken to abrogate damages.
(2) If the owner (user) does not agree with the extent, way, time or amount of compensation according to section 1, the Subdistrict Institution where the territory or a larger part of it is located will make the decision.
(3) Entering areas and facilities used by military forces or military corps, entering places where equipment used for defence and national security is located, and entering places where the territorial decision and building permit can be issued only if approved by appropriate authorities, 7) are treated by special provisions. 8)
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7) Article 125 of the Act No. 50/1976 Coll. on territorial planning and construction provision (Building order).
8) For instance the Act No. 169/1949 Coll. and the Act No 40/1961 Coll. on the defence of the Czechoslovak Socialist Republic in wording of later provision.
Article 15
Protection of Survey and Survey Works
The owner (user) of the property is obliged to endure the marking and preservation of significant survey works, specified by the Slovak Geological Institute after prior negotiation with the Slovak Commission for the Environment, and must restrain all that might damage, destroy, or make the works useless.
Article 16
Indemnity
(1) General provisions on indemnity 9) are in respect to the indemnity made by the competence following Article 14 sec.1 and Article15, if this act does not order otherwise.
(2) Authorities and organisations terminating the activities after Article 14 sec.1 and Article 15, must, return the property to the previous condition within the term specified by the owner (user), or recultivate the land. If authorities and organisations do not agree with the term specified, the Subdistrict Institution where the territory or a larger part of it is located will make the decision.
(3) If it is not possible or commercially sensible to compensate the damages by returning it in the previous condition, the owner (user) is entitled to financial compensation.
(4) If the owner (user) of the property is significantly limited by the competence after Article 14, sec.1, or by marking and keeping the significant survey works according to Article 15, he is again entitled to obtain adequate flat rate restitution for this limitation. The claim to the flat rate restitution must be applied for at the organisation within one year of the order delivery date on the termination of geological works, or at the Slovak Geological Institute within one year of the order delivery date on the decision about marking and keeping the significant survey works, or else the claim is invalid.
(5) In case of controversy on the flat rate restitution according the section 4, the Subdistrict Institution where the territory is located will make the decision.
(6) If mining works performs the search and survey of the exclusive deposits, the restitution of thus caused damage is liable to special provisions. 10)
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For instance, Article 443 of the Citizen Code, Article 145 to 150 of the Commercial Code and the Government Act No. 46/1967 Coll. on the settlement of damages caused by operating commercial competence of socialist organisations to the material goods of other socialist organisations and on restitution in investment projects.
10) Article 36 and 37 of the Mining Act.
FOURTH PART
SLOVAK GEOLOGICAL INSTITUTE
Article 17
abrogated
Article 18
The Slovak Geological Institute, as the central authority of the Slovak Republic State administration for geological survey does the following:
a) in co-operation with respective central authorities of the state administration and district institutes, it works out the conceptions and proposals on long-term outlooks and plans on geological survey on the territory of the Slovak Socialist Republic and co-ordinates proposals on geological works scheduling with the exception of exclusive deposits survey planning, executed by organisations in mining areas of their own,
b) in coincidence with plans according to section 1, subparagraph a) ensures systematic geological survey and development on the territory of the Slovak Socialist Republic,
c) in the extent and form established by special provisions 12) ensures sponsoring, execution, accession and settlement on geological works financed from the state budget as well as the sponsoring of the state orders in the sphere of survey and development in geological works and ensures the handing-over of results together with geological documentation for further exploitation,
d) approves, and in co-operation with the Slovak Institute of Geodesy and Cartography, issues geological maps,
e) ensures the collection, keeping and accessing of the results of geological works,
f) issues certificates and decisions on exclusive deposit, and in concurrence with the competent authorities of the state administration, supports the protection of mineral resources, 13)
g) ensures the right to manage exclusive mineral deposits in the period of search and survey financed from the state budget of Slovak Republic and the right to manage deposits not handed over to mining, register the state and changes of the exclusive deposits’ resources, carries out the audit on resources and makes resolutions in depreciation of the exclusive deposits according to special provisions. 14)
h) in concurrence with the competent authorities of the state administration, ensures and co-ordinates tasks of international co-operation in the sphere of geological survey and development with the exception of tasks referenced to the Czechoslovak Academy of Sciences, the Slovak Academy of Sciences and universities.
i ) ensures the unified system of scientific-technical information in the sphere of geological survey and development,
j ) verifies the technical skill of selected workers to project, execute and evaluate geological works and issues the licences on technical skill.
k ) issues orders on the specification, change and cancellation of the territories under survey.
l ) accomplishes other tasks resulting from this act and other generally valid orders.
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12) The third part of the Order of the Ministry of Finance, the State Commission on Planning and the Central Geological Authority, No. 9/1967 Coll. on the projection and financing of geological works.
Order of the Ministry of Finance of the Slovak Republic No. 126/1991 Coll. on the managing of state budget resources of the Slovak Republic and on the managing of budget and contribution organisations.
13) Article 3, 6, 7, Article 11 to 15, Article 17, 20, 24 and Article 31 of the Mining Act.
14) Article 8, 10, 14a and Article 29 of the Act No. 44/1988 Coll.
THE FIFTH PART
INSPECTION AND SANCTIONS
Article 19
INSPECTION
(1) The Slovak Geological Institute inspects whether authorities and organisations accomplish their duties established by this Act and provisions issued on the basis of; it is entitled to impose the recognised objections to be removed within the specified period.
(2) The organisations are obliged to enable the workers commissioned by the Slovak Geological Institute to enter into the area where the geological works are projected, executed and evaluated and where the geological documentation is kept, and to supply them with the details, information and explanation if needed. The condition on entrance is authorised by a special licence of the Slovak Geological Institute.
(3) The Slovak Geological Institute performs the inspection of geological works in mining spaces after settlement with the Slovak Mining Institute.
SANCTIONS
Article 20
(1) The Slovak Geological Institute can fine the organisation up to as much as 100,000 Sk for violating this act by doing following:
a) executes the geological works with no permission,
b) executes the search and survey of the reserved (exclusive) minerals deposits without specifying the survey territory,
c) executes the geological works on the survey territory assigned to another organization without the consent or decision of the Slovak Geological Institute according to Article 4 sect. 4,
d) executes the geological works liable to registration with no registration,
e) does not properly provide the geological documentation and its specified retention in time,
f) does not hand over the results of geological works to the Slovak Geological Institute or to the commissioned organization,
g) does not remove serious defects within the specified period, where removal has been imposed according to Article 10 sec. 1.
(2) If the organization that has been fined will not carry out the correction within the specified period, it may be fined again up to twice the previous amount.
(3) The fine may only be imposed within one year of the day when the Slovak Geological Institute realized the violation of this Act, but within three years at the latest of the day when the violation occurred.
(4) The fine will not be imposed if the organization has been fined for the same violation of obligations according to different orders.
(5) Fines are income to the state budget of the Slovak Socialist Republic.
Article 21
The Slovak Geological Institute may cancel the license on geological works, if the organization continuously violates the obligations imposed by this Act.
THE SIXTH PART
COMMON, PRELIMINARY AND FINAL
PROVISIONS
Article 22
If the execution of geological works involves the interests protected by special provisions, 15) the progression follows these provisions.
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15 ) For instance the SNR Act No. 1/1955 Coll. SNR on state conservation in wording of later provision, the Act No. 110/1964 Coll. on telecommunication in wording of later provision, the Act No. 20/1966 Coll. on peoples’ health care, the Act No. 53/1966 Coll. on the conservation of agricultural soil resources in wording of the Act No. 75/1976 Coll. (full wording No. 124/1976 Coll.), the Act No. 138/1973 Coll. on waters (Water Act), the Act No. 61/1977 Coll. on forests, the SNR Act No. 27/1987 Coll. on the care of state monuments and the Mining Act.
Article 23
(1) The activities and roles of organs concerning geological survey, the exploitation of results from geological works as well as the way of financing the geological works and adapted by special provisions, 16) are not covered by this act.
(2) Provisions Article 3 and Article 5 to 8 are not related to geological works stated in Article 2 sect. 1 subparagraph d), if they are focused on obtaining complementary data for the project preparation of constructions; 17) the other provisions of this Act have adequate validity. These works will be specified in more detail by a general order.
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16 ) For instance the Act No. 54/1964 Coll., the SNR Act No. 74/1963 Coll., the third part of the Order
No. 9/1967 Coll., the Act No. 133/1970 Coll. on the scope of federal ministries in wording of later provision, standards of the Federal Ministry of Technical and Investment Development No. 8/1978 on opponent proceedings, registered in the part No. 24/1978 Coll., the Order of the Federal Ministry of Finance, the Ministry of Finance CSR and the Ministry of Finance SSR No. 118/1984 Coll. on the financing of non-investment expenses for the development of science and engineering, the Order of the State Commission on Scientific, Technical and Investment Development No. 5/1987 Coll. on construction documentation, Mining Act and the SNR Act No. 51/1988 Coll. on mining activities, explosives and on the state mining administration.
17) Order of the State Commission on Scientific, Technical and Investment Development No. 43/1990 Coll. on the project preparation of constructions.
Article 24
The organisations that execute geological works stated in their foundation papers, in the provision or in the provisions, or in some other act on the execution of geological works related to the provision Article 3 sect.1 subparagraph d), are considered to be organisations that have been granted the licence on geological works in compliance with this Act.
Article 25
The general provisions on administrative action 18) are not related to the action according to Article 2 sect. 2, Article 6 sect. 3, Article 7 and Article 11.
Article 26
(1) The Slovak Geological Institute will issue the generally valid orders on execution Article 3 sect. 7, Article 4a sect. 6, Article 5 sect. 2, Article 7 sect. 5, Article 9 sect. 6 and Article 12 sect. 6.
(2) The Slovak Geological Institute will issue the generally valid orders on execution Article 6 sect. 4, Article 10 sect. 2 and Article 23 sect.3 after the settlement with the Ministry of Building and Construction of the Slovak Socialist Republic, and if the geological works are listed in Article 2 sec. 1 subparagraph b), also after the settlement with the Slovak Mining Institute, and if the geological works are listed in Article 2 sect. 1 subparagraph c), also after the settlement with the Ministry of Forest, Water Conservation and Wood-processing Industry of the Slovak Socialist Republic and the Slovak Mining Institute.
Article 27
Article 1 to 3 and Article 5 to 9 of the ministerial Act No. 11/1958 Coll. on the state geological service organisation in wording of the ministerial provision No. 82/1967 Coll. which subordinates the Commission for classification of the exclusive mineral deposits raw materials to the government and in wording of the SNR Act No. 207/1968 on establishing the ministries and other central authorities of the state administration of the Slovak Socialist Republic have been abrogated. 19)
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19) Article 4 of the ministerial provision No. 11/1958 Coll. in wording of the ministerial provision No. 82/1967 Coll. has been abrogated by the Mining Act.
Article 28
This Act takes effect on July 1, 1988.
The SNR Act No. 497/1991 Coll. takes effect on Jan. 1, 1992.
V. Šalgovic sign. manual
P. Colotka sign. manual
Article I
(established by the SNR Act No. 497/1991 Coll.)
(1) The licence on the execution of geological works, obtained after Article 3 and 24 of the Act still valid are considered being the licences on the execution of geological works after this Act.
(2) The organisation is obliged to immediately notify the Slovak Geological Institute about the territory where the search and development of the exclusive mineral deposits is being executed, and render a proposal on specification of the Territory under Survey within three months at the latest of the day when this Act took effect. Before the day of resolution on the validity of the Territory under Survey, the territory notified is considered to be a Territory under Survey after Article 4. Sect. 2 of this Act.
(3) The results of geological works, handed over for permanent retention and further exploitation after Dec. 31, 1986 will be generalised by the Slovak Geological Institute according to Article 12 of this Act. Consequently, an organisation that has handed over such results can inform the Slovak Geological Institute about the conditions according to Article 12 sec. 2 within six months of the validity of this Act. After this period, the Slovak Geological Institute will only access the results according to Article 12 sec. 3.