Specifika účasti veřejnosti v postupech podle zákona o nakládání s těžebním odpadem
Specifics of the Public Participation in the Procedures according to Act on the Management of Extractive Waste

Summary/Abstract: Mineral extraction residues can pose a significant risk to the environment, but also to the lives, health, and property of people in the vicinity. Above all, some toxic heavy metals can leak from them, entering the food chain, or these residues can slide down etc. Therefore, it is in the interest of the public to be able to express their views on the management of extractive waste and thus ultimately influence whether a waste facility will be established in their neighbourhood, how this site will be operated and what will happen to it after its closure. Consequently, the following article focuses on the possibilities of participation, or more general public involvement in the processes regulated in Act No. 157/2009 Coll., on the Management of Extractive Waste and on the Amendment of Certain Laws (referred to as “ZNTO” in the text), which has escaped greater attention.The article points out that the Czech legislation on the management of extractive waste corresponds to Directive 2006/21/EC in terms of requirements for the minimum necessary public involvement, on the other hand, in a number of other proceedings within ZNTO (amendment procedures, declaration of closure of the waste facility, use of a financial reserve, granting exceptions and remedial actions or proceedings on doubts) the list of their participants is not obvious, it must be deduced from the purpose of the individual proceedings and the supporting use of Code of Administrative Procedure. This does not contribute to the legal certainty of the addressees of ZNTO and can discourage them from more intensive involvement in the upshot.

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