New procedure rules related to a deep geological repository of radioactive waste

On 1 July 2024, Act No. 53/2024 Coll., on procedures related to the deep geological repository of radioactive waste, came into force, which regulates certain special procedures for the preparation, construction and the operation of a deep geological repository of radioactive waste and the manner in which the interests of the municipalities concerned are to be respected. This Act is based on the statutory authorisation referred to in Article 108(4) of Act No. 263/2016 Coll., the Atomic Act, which has already been incorporated into the Atomic Act at the time of its adoption on the basis of a parliamentary proposal and was intended to strengthen the rights of municipalities and the public in connection with the authorisation of deep geological repository. According to the definition of this law, a deep geological repository is a nuclear facility used for the permanent disposal of radioactive waste in at least 300 m below the earth's surface in such a way that its location is suitable for nuclear safety conditions for the disposal of high-level radioactive waste.

The Act sets out rules for processes related to the licensing of the construction and operation of deep geological repository facilities, which are addressed in particular to the Ministry of Industry and Trade, municipalities or the government. In addition to the procedures under other legislation (Act on Geological Work, Mining Act), the Act also affects the procedures under the Atomic Act in Section 7, by providing, in addition to the rules in the Atomic Act, that the municipality concerned may comment on the content of the disclosable part of the documentation for the licenced activity within 90 days of receiving the applicant's notice for a deep geological repository siting licence. The application for a the deep geological repository siting licence shall also include a statement from the municipality concerned if the municipality concerned has provided a statement, in which case the statement from the municipality concerned shall form the basis of the decision on the deep geological repository site licence and shall be dealt with by the State Office for Nuclear Safety in its justification. The State Office for Nuclear Safety is also obliged to inform the public about the initiation of the procedure and the issuance of a licence related to the deep geological repository licence on its website.