Decree No. 368 / 2004 Coll.
Order on geological documentation
Valid
Order
Effective from 01.09.2004
Text versions:
01.09.2004
18.06.2004
Contents
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368
DECLARATION
of 3 June 2004
on geological documentation
The Ministry of the Environment (hereinafter referred to as "the Ministry") provides, pursuant to Article 26 (1) of Act No. 62 / 1988 Coll., on Geological Works, as amended by Act No. 366 / 2000 Coll., (hereinafter referred to as "the Act") for the implementation of Section 12 (5) of the Act, as amended by Act No. 543 / 1991 Coll., the statutory measure of the Bureau of the Czech National Council No. 369 / 1992 Coll. and Act No. 342 / 2000 Coll., as amended by Act No. 541 / 1991 Coll., and by § 20 (2) of the Act implementing Section 9 (2) of the Act No. 61 / 1988 Coll., on Mineral Activities and on the Mining Act No. 542 / 2000 Coll., as amended by Act No. 351 / 2001 Coll.:
INTRODUCTORY PROVISIONS
Subject matter
This decree sets out the elements and contents of the geological documentation of geological works (hereinafter referred to as the geological documentation), the period during which the geological documentation should be kept and the details of the geological documentation of mining activities. The decree also sets out which activities are carried out in a mining manner and to what extent the organisation1) is required to maintain geological documentation and regulates the surrender of results of geological works and geological documentation and the conditions for making them available.
Definitions of terms
For the purposes of this decree:
(a) documentation point - the place where the geological facts were detected by observation, measurement or collection of material geological documentation (hereinafter referred to as "material documentation"),
(b) underground
1. underground premises created by activities carried out in a mining manner;
2. available caves,
3. drilling of more than 30 metres in depth carried out during geological work, the use of groundwater or natural medical resources or natural mineral water and geothermal energy (dry wells),
4. shallow-embossed underground line structures such as embossed sewers and collectors,
(c) technical works - excavated probes, grooves, incisions, unveils, mining or underground works and machinery drilling, except for drilling which are part of the implementation of the construction, and for drilling works;
(d) technical work - the result of technical work,
(e) by localisation - in the case of geodetically-oriented objects, the X, Y coordinates in the S-JTSK coordinate system and the height coordinates Z in the BPv height system; in the case of undetermined objects, the chart in the map allowing for additional deduction of these coordinates.
SCOPE AND OBLIGATIONS OF THE GEOLOGICAL DOCUMENTATION
Geological documentation content
The purpose of the geological documentation is to capture and locate documents and knowledge about
(a) the course and results of all activities undertaken in the design, implementation and evaluation of geological work;
(b) the state and movement of mineral stocks, their losses or pollution;
(c) geological facts found during mining or mining activities which are not at the same time geological works.
Geological documentation breakdown
(1) According to the method of implementation and the nature of the documentation material, the geological documentation shall be subdivided into:
(a) written documentation representing documents in written, cartoon, graphic and digital form and consisting in particular of descriptions, maps, sections, graphs, photo-documentation, digital data media, partial or final reports;
(b) a material dossier consisting in particular of samples of minerals, rocks, water, snow, ice, air or parts of plants, drilling cores, grits, abrasions and residues of samples following observation, measurement, analysis or testing on such samples.
(2) According to the time sequence of geological documentation acquisition, geological documentation is divided into:
(a) the initial documentation to be collected on an ongoing basis in the course of geological work, with the author's original initial documentation being completed no later than 15 days after the completion of the documented work. The initial documentation shall be made in written and material form,
(b) a summary dossier to be drawn up on the basis of specifying and supplementing the initial dossier, in accordance with the subsequent results of the observations, measurements, analyses and tests on samples taken. The summary documentation shall only be made in writing and its content shall be a definitive version of the written geological documentation collected and generated in the processing of the results obtained, which shall be presented by sub-reports and final reports.
(3) According to the type of work that is documented, geological documentation is divided into:
(a) geological documentation of geological works (Sections 5 to 9),
(b) geological documentation of mining activity (Section 10);
(c) geological documentation of activities carried out in a mining manner (Section 11).
(4) Where technical work has also been used in the implementation of geological work, the geological documentation shall also include the documentation of technical work referred to in Section 9.
Types of geological documentation
(1) The need for geological documentation is:
(a) completeness, i.e. the acquisition of initial and summary geological documentation of all work carried out in dealing with the geological task, 2)
(b) durability, i.e. the acquisition of geological documentation in such a form and quality as to ensure its legibility and reproducibility with permanent storage and accessibility;
(c) credibility, i.e. indication
1. the location, conditions, manner and dates of the acquisition of the geological documentation, including the type and type of equipment by which the geological documentation was acquired and the qualitative conditions of its acquisition;
2. complete and understandable explanations of the substance of the geological documentation,
3. the place of work and the names, surname and signature of the responsible surveyor of the geological work, 3) responsible for the proper acquisition of the geological documentation,
4. the description of the work and the metrage for the geological documentation relating to technical works.
(2) Further, a clear, permanent and unambiguous identification of the samples or packages in which the samples are stored, their alphanumeric marking, the name of the location where they were taken and, for samples taken from technical works, the name of the work and the weight. The mass documentation shall be identified in such a way that it is clearly attributable to the geological task under which it was taken and to the place from which the sample was taken.
(3) When making written documentation, which is part of the summary geological documentation, the colours, shraffs, marks, symbols or rasters published by the Czech Geological Service in paper form and in a way enabling remote access are used.
Content of the initial geological documentation
(1) The initial geological dossier contains:
(a) the identification of the organisation which acquired the initial geological documentation (name or, where applicable, name, surname, identification number, if any, and address of the place of business of the natural persons involved; business name or name, legal form, registered office and identification number, if any, for legal persons),
(b) the name of the geological task under which the initial geological documentation was acquired;
(c) the date of its acquisition;
(d) the name, surname and signature of the natural person who processed it;
(e) the geological facts or other facts necessary to address the geological task identified by observation, description of the samples taken, measurements on the surface, measurements on natural or artificial rock bases and in technical work, performing mineralogical, petrographic, chemical, physical, technological and other special measurements, analyses and tests, or evaluating aerial, satellite or other images;
(f) scale and orientation of maps, cuts and written geological documentation of technical works and underground works;
(g) localisation of the work carried out, measurement and observation and localisation of the samples taken.
(2) The written documentation on the results of the measurements, analyses or tests of samples taken contains:
(a) the identification of the legal or natural person who has taken the measurements, analyses and tests (name, surname, surname, identification number, if any, and address of the place of business of the natural person involved; name, surname and address of residence of non-commercial natural persons; business name, legal form, registered office and identification number, if assigned, for legal persons),
(b) the description of the work, samples and measuring sites, analyses or tests; the identification of the works, samples, analyses or tests and the points of measurement shall enable them to be clearly identified and located;
(c) the type of measurement, analysis or testing;
(d) the results of the measurements, tests or tests carried out and the duration of the tests;
(e) the characteristics of the instruments and equipment used for measuring, analysing or testing, including the conditions under which measurements, analyses or tests have been carried out;
(f) evidence of professional competence for measurements, analyses or tests which may only be carried out by a competent person under specific legislation, 4)
(g) the date of measurement, analysis or testing and the name, surname and signature of the natural person responsible for the measurements, analyses or tests carried out.
(3) The initial geological dossier also contains:
(a) the geological work project (2) and its changes;
(b) register of geological works, 5)
(c) written agreements with landowners or landowners, (6) on the implementation of geological work, the establishment of workplaces, access routes, water and energy supply, as well as the implementation of the necessary land treatment and removal of crops and, where appropriate, the establishment of buildings;
(d) decisions, communications, protocols, contracts or registrations concerning the authorisation of works or the resolution of conflicts of interest protected by specific legislation;
(e) drafts and notices submitted under the law, 8)
(f) documentary and, where appropriate, graphic evidence of the termination of the geological work linked to the plot and of the previous condition of the parcels concerned;
(g) a decision by the Ministry to designate a significant research or research work. 9)
(4) The initial material dossier also contains:
(a) in the case of the collection of the same type of samples, the methodology for their collection, processed in detail sufficiently characterising the samples taken, the name and surname of the natural person who took the sample and the date of sampling;
(b) in the case of samples taken for model or semi-operational testing of mineral-fixation technology, a passport indicating the designation of the sample, its precise location, the weight of the sample, the method and date of collection, the name and surname of the natural person responsible for sampling, the justification of the representativeness of the sample for the bearing or part thereof and the results of petrographic, mineralogical, chemical, physical or other special analyses and measurements which have been carried out so far to the characteristics of the sample.
Content of the summary geological documentation
(1) The summary geological dossier contains in particular:
(a) the number of the register of geological works;
(b) a clear map of the area of interest of 1: 25 000 with a defined area of the geological task; for regionally large-scale actions, a reasonable smaller scale may be used;
(c) a summary of each work carried out after their species, indicating their quantity and extent;
(d) the definitive results of observations, measurements, tests and analyses, after each type of work, indicating the conditions for their acquisition;
(e) reports or opinions drawn up to address partial problems by specialised organisations or suppliers;
(f) evaluation of the results achieved compared with the objective of geological work;
(g) a summary of geological descriptions and graphic documents of documentation points, technical works and underground works;
(h) maps of works carried out, specifying and localising documentation points, direct measurements, sampling and technical work;
(i) geological maps, sections, diagrams and diagrams;
(j) bearing, hydrogeological, engineering-geological, geophysical, geochemical, technological, petrographic, tectonic, mineralogical, paleontological or other special maps, sections, tables, diagrams and diagrams,
(k) maps and charts of conflicts of interest protected by specific legislation7) making the use of the results of the work conditional,
(l) indicative interpretative maps documenting the results achieved,
(m) protocols for the disposal of material documentation.
(2) The aggregate geological documentation of mineral deposits shall also include continuous records of mineral deposits, their quantities, quality, losses and additions, reports and reports of stocks in accordance with specific legislation, 10) calculations and recalculations of mineral and water reserves and documentation submitted for stock depreciation proposals.
Digital form of geological documentation
(1) The digital form of the geological documentation is the direct digital output of measurements, tests, analyses or other direct digital recording of data obtained in the solution of the geological task (2) on devices or devices that allow such output. The digital form of geological documentation is also a digital recording of geological documentation taken primarily in paper form on digital data carriers.
(2) In the case of initial acquisition of geological documentation in digital form, the geological documentation shall be produced in paper form. The formalities for transcribing the digital form of geological documentation into paper form are similar to those for the relevant written documentation except for signature. In addition, the digital form of geological documentation shall be reported:
(a) the format of digital data and the code characteristics of the digital form of data;
(b) the name of the computer program by which the digital form of the written documentation was obtained and which can be used to read it. If this is not a commonly extended computer program, an indication of the author of the computer program,
(c) data on restrictions on access to data or data coding in case of use and data on a natural person authorised to allow access to data;
(d) the name and surname of the natural person who has acquired the digital form of geological documentation.
Specifications of geological documentation of technical work
(1) The written documentation of technical works shall include, in addition to the identified geological facts:
(a) the ground water level impacted and established if it can be detected, including the date of data detection;
(b) inflows of groundwater or gas into the technical work;
(c) data on the physical and mechanical characteristics of the rock environment (massif) which may affect the safety of work or the use of the results of geological work;
(d) the date of commencement and completion of the technical work;
(e) the type of technical equipment to which the technical work has been carried out and the name and surname of the natural person responsible for carrying it out.
(2) The geological documentation of technical works does not include records of the operation of machines and equipment used to perform the technical work, unless they contain the geological facts necessary to solve the geological task.
(3) In the case of vertical wells of more than 100 m deep and in the case of inclined, horizontal and dorsal wells, the geological documentation shall include an inklinometric record of the spatial path of the well (hereinafter referred to as the "inklinometric record") indicated in the coordinates of the mouth and end of the well and points documenting the course of the well of up to 25 m in the case of wells up to 1000 m and 100 m in the case of deep wells, unless otherwise specified by the project. Inclinometric recording shall not be carried out for wells up to 100 m intended to detect and remove anthropogenic pollution in the rock environment, unless otherwise specified in the project.
GEOGRAPHICAL DOCUMENTATION OF HORNIC ACTIVITIES AND ACTIVITIES IMPLEMENTED BY HORNIC ELEMENTS
Geological documentation of mining activity
(1) In the search and survey of exclusive deposits (11), the geological documentation is to be obtained in the scope, manner and with the formalities set out in Part Two of this Decree.
(2) In the opening, preparation and conquest of exclusive deposits (12), the geological documentation is to be obtained with the contents and particulars specified in Part Two of this Decree. While
(a) in the case of underground mining works with the exception of drilling, it procures written documentation of one side, a ceiling and a 1: 100 scale of heads, unless otherwise specified in the approved project or documentation for opening, preparing and quarrying. The end faces shall be documented and the faces shall be documented at the distances specified in the approved project or documentation of the opening, preparation and extraction of exclusive bearings. In the case of surface mining works, the opening, preparation and extraction of the exclusive bearing shall be carried out by written documentation, at the distances specified in the approved documentation of the opening, preparation and quarrying, on a scale of 1: 1000, unless otherwise specified in the approved plan of opening, preparing and capturing the exclusive bearing. The distance and frequency of the acquisition of geological documentation of surface and underground mining works shall be chosen in such a way as to ensure the capture of significant changes in terms of morphology and bearing quality and changes in the properties of the rock environment (massif) which may affect the safety of work;
(b) for oil well and flammable natural gas, geological documentation of kernels and drilling, physical properties of the rock environment (massif) around the well, data on the presence and properties of collectors' rocks shall be collected, pressure manifestations, oil inflows and flammable natural gas to the well and their composition, water inflows and their composition shall be recorded, the presence of carbon dioxide, hydrogen sulphide and other organic sulphur compounds and their concentrations shall be recorded, oil losses or oil spills, flammable natural gas and recovery shall be recorded, the amount of oil or flammable natural gas obtained in the design in the specified exploratory area and the loading method with them and other geological elements which may be relevant for the safe execution of the works;
(c) in the case of drilling wells, the geological documentation shall not be provided unless otherwise specified in the approved plan for opening, preparing and capturing of exclusive bearings.
(3) The geological documentation of a mining activity other than those referred to in paragraphs 1 and 2 shall be made available in the course of technical work with the formal content and formalities referred to in Part Two of this Regulation and a substantive focus on the geological facts which:
(a) document the rock environment (massiv) suitable for specific interference with the earth's crust;
(b) affect the choice of technical solutions for mining activities and the safety of work in the underground;
(c) affect interests protected by specific legislation. 7)
Geological documentation of mining activity
Activities carried out in a mining way shall be geologically documented to the following extent:
(a) in the search, exploration and quarrying of non-reserved minerals, (13) in the reception of natural medicinal and table mineral waters in underground mining works, (14) in underground works consisting in the sinking of the well (15), and in works for the making available of old mining works or permanently abandoned mining works and for the maintenance of them in a safe state (16), geological documentation shall be obtained in the extent, manner, content and formalities referred to in Part Two of this Regulation;
(b) when drilling drilling for the implementation of structures and their accessories (e.g. drilling for pilots, draining wells, drilling for heat pumps) or drilling for drilling for shredding works, the geological documentation referred to in Part Two of this Decree shall not be provided unless otherwise specified in the project. Only the detection of unanticipated water flow to the well or the unexpected development of the physical properties of the rock environment (massif) shall be recorded to an extent that may have a significant impact on the safety of the work or for subsequent use of the well. In such cases registration shall be made in the operational documentation of the construction, which shall include the time and depth of the observation and a description of the facts established. The registration shall be taken immediately after such facts have been established and signed by the natural person responsible for carrying out the drilling operations; the registration is considered to be a geological dossier,
(c) in carrying out activities carried out in a mining manner, including:
1. work to ensure the stability of underground spaces (underground remediation work), 17) carried out underground,
2. work on opening caves and keeping them safe, 18)
3. land works carried out using machinery and explosives, if more than 100,000 cubic metres of rock are moved on one site, except for building, 19)
4. underground works consisting of the digging of mining pits, the stamping of stacks and tunnels as well as the creation of underground spaces with a capacity of more than 300 cubic metres of rock, 15)
5. drilling with a length of more than 30 m, unless they are part of the implementation of geological work, mining and mining activities carried out in the mining manner referred to in (a), (20)
the geological documentation referred to in Part Two of this Order is not provided unless otherwise specified in the project. Only the geological facts relating to groundwater and to the physical characteristics of the rock environment (massif), which may affect the safe execution of work and the safety of downstream activities, are documented,
(d) for the extraction of sand in watercourses and gravel by floating machinery (21), the geological documentation referred to in Part Two of this Decree shall not be provided unless the project provides otherwise. Only the quantity and nature of the extracted materials are documented and geological facts are recorded which may affect further mining or the use of the flow for navigation, such as the starting points of a solid rock ground in the trough flow or the movement of sediment in the trough. These elements shall be entered in the operational documentation of the technical work and shall be considered as geological documentation.
RESEARCH, STORAGE, ACCESSION AND MANAGEMENT OF RESULTS OF GEOLOGICAL WORK AND GEOLOGICAL DOCUMENTS
Submission of results of geological work and geological documentation
(1) The contracting authority 22) submits to the Czech Geological Service - Geofund partial and final reports on the results of geological work, including the Paspora bearing, which have the formalities laid down by the special legislaturem2) (hereinafter referred to as the "results of geological work"). In the letter of transmission, the contracting authority shall state whether it reserves access to the results of geological work in accordance with the law. 23)
(2) Organization1) The Czech Geological Service - Geofund submits written documentation to the extent of the summary geology documentation in cases and within the time limit laid down by the law. 24) Written documentation cannot be submitted to the Czech Geological Service - Geofund only in digital form (§ 8).
(3) When submitting written documentation in connection with the termination of mining activities, it shall be treated in accordance with a specific legislation. 25)
Preservation of results of geological work and geological documentation
(1) Organization1) keeps the initial and summary geological documentation for at least 3 years from the date of transmission of the results of the geological work or geological documentation to the Czech Geological Service - Geofund. If the organisation (1) ceases before the end of this period and the geological documentation is transferred to another legal or natural person, this person shall notify the Czech Geological Service - Geofund. If the organisation (1) ceases before the expiry of that period and the geological documentation is not transferred to another legal or natural person, the organisation (1) will transmit the geological documentation to the Czech Geofund service before the disappearance. The material documentation shall be kept by the organisation1) at least until the date of receipt of the written documentation relating to this material dossier.
(2) The Czech Geological Service - Geofund keeps the results of the geological work transmitted and the geological documentation transmitted in a manner and under conditions ensuring its long-term preservation and accessibility. According to its type, material content, form of implementation and disclosure requirements, it shall retain the geological documentation and its content broken down into special-purpose funds, registers and databases. This is without prejudice to the provisions of specific legislation. 26)
(3) The Czech Geological Service - Geofund examines the need for the preservation of the transmitted results of geological work and geological documentation, which are older than 50 years from the date of their surrender to the Czech Geological Service - GeoFund, and proposes their elimination. The proposal of the Czech Geological Service - Geofund for the elimination of unnecessary results of geological work and unnecessary geological documentation is discussed by the expert committee appointed by the Ministry. The expert committee consists of representatives of the Ministry, the Czech Geological Service - Geofund, universities and professional geological associations. In the case of geological documentation of works concerning mineral deposits, the expert commission also consists of representatives of the Czech Mining Office. On the basis of the current value of the stored materials, the expert committee will issue recommendations for the exclusion of written documentation (§ 15) or material documentation (§ 16).
Making the results of geological work and geological documentation accessible
(1) Czech Geological Service - Geofund makes available
(a) basic information on the results of geological work and geological documentation in a way that allows remote access free of charge, 27)
(b) complete information on the results of geological works and geological documentation to natural and legal persons for payment according to the price list of services, which is part of the borrowing order approved by the Ministry, with a restriction under the law, 23)
(c) the results of geological work and the geological documentation to the public authorities free of charge if they are required to carry out their activities. 28)
(2) Czech Geological Service - Geofund publishes in a way that allows remote access
(a) the overview and basic characteristics of information sources by registry and dedicated databases;
(b) the borrowing arrangements governing the conditions for access to information sources and the procedure for making the results of geological work and geological documentation available.
(3) Where geological documentation or results of geological work are processed in the form of a database, they shall be made available in accordance with a specific legislation. 29)
Elimination of written documentation
(1) Organization1) may exclude written documentation from further retention after the expiry of the period referred to in Paragraph 13 (1). This shall be done in accordance with specific legislation. 30)
(2) The Czech Geological Service - GeoFund will assess the permanent value of the written documentation in the shredding proceedings under the special legislature30) and exclude from further storage damaged, severely damaged, partly or completely illegible or no further necessary written documentation. However, prior to that, the data retained and available for use shall be transferred to its information registers and databases and shall, according to its technical capabilities, be scanned for the continued preservation and accessibility of written documentation.
Disposal of material documentation
(1) Organization1) offers material documentation, which is evidence of significant geological facts or significant scientific value (hereinafter referred to as "material material documentation"), the Czech Geological Service - Geofund for permanent preservation, not later than 14 days before its planned decommissioning. Organization1) allows the Czech Geological Service - Geofund to examine the samples and places from which they were taken. (1) indicate the reasons why the samples are considered as material material. The Czech Geological Service - Geofund will apply an interest in taking over significant material documentation at the latest when it is eliminated. The transmission of material material material documentation shall be made free of charge in the form of a transfer protocol. Czech Geological Service - Geofund keeps significant material documentation permanently.
(2) Organiza1) a material dossier which is not a material material dossier may be excluded from further storage during the course of the geological task after all tests, measurements and analyses have been carried out, to the extent specified in the project of geological work or with the consent of the client. The organisation procures a withdrawal protocol on the decommissioning of material documentation from further storage. The removal of samples from further storage may take place after signature. If the discarded samples are not returned to the place of collection, they shall be handled in accordance with specific legislation. 31)
(3) Organization1) Invites representatives of the Czech Geological Service - Geofund at least 14 days before the planned disposal of samples taken in wells or reconnaissance works over 100 m and allows it to take samples free of charge for their permanent preservation.
(4) In the event that the material documentation will be handled in bankruptcy and settlement, the administrator of the bankruptcy substance of the Czech Geological Service - Geofund will notify the transfer of material documentation to another natural or legal person in the context of the settlement of liabilities under a special law. 32) If the removal of material documentation from its further retention is to take place in the context of bankruptcy and settlement, the administrator of the bankruptcy essence of the Czech Geological Service - Geofund will offer it to take over without charge. Czech Geological Service - Geofund will comment on this offer within 30 days.
(5) The disposal of material documentation acquired during mining and mining activities shall be treated in a similar manner to the disposal of material documentation of geological works.
TRANSITIONAL AND REPEAL PROVISIONS
Transitional provisions
(1) The results of the geological work and the geological documentation submitted before the beginning of the validity of this decree are considered to be the results of the geological work and the geological documentation submitted under this decree.
(2) Plans for opening, preparing and capturing or other project documentation of geological work according to which geological work is still being carried out shall bring their purchasers into line with this decree by 31.12.2005 in the form of an addendum.
Repeal
The following shall be deleted:
1. Decree No. 8 / 1989 Coll., on the registration of geological works, on the surrender and making available of their results, on the detection of old mining works and the management of their register.
2. § 3 of Decree No. 363 / 1992 Coll., on the detection of old mining works and the management of their register.
3. Part of Second Decree No. 282 / 2001 Coll., on the Registration of Geological Works.
EFFECTIVE
Efficacy
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Regulation Information
| Citation | Decree No. 368 / 2004 Coll., on Geological Documentation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.06.2004 |
|---|---|
| Effective from | 01.09.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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