Treatment of minerals, extraction of peat and mud

An unqualified (free) trade (field No. 6) covering the further treatment of already extracted and refined minerals, the extraction and treatment of peat (including the production of peat briquettes) and the removal of mud from the bottom of ponds - always outside mining activity. No professional qualification is required; it is enough to meet the general conditions under Section 6 of the Trade Licensing Act.

Conditions for operating

Full legal capacity (Section 6(1)(a) of the Trade Licensing Act; for a minor it may be replaced by the court's approval of the legal representative's consent to the independent operation of a trade).
Clean criminal record (Section 6(1)(b)); under Section 6(2), a person convicted by a final judgment of an intentional criminal offence is not considered to have a clean record if the offence was committed in connection with doing business or with the subject of business. The Trade Licensing Office obtains the extract from the Criminal Records register itself.
Professional qualification is NOT required - this is an unqualified (free) trade under Annex No. 4 to the Trade Licensing Act, to which the special conditions for operating a trade under Section 7 (neither education nor experience) do not apply.
Optionally, a responsible representative may be appointed under Section 11, even though the Act does not require it for an unqualified trade (Section 11(9)).
Note on the boundary of scope: the extraction of reserved deposits and mining activity (and activity carried out in a mining manner) under Act No. 61/1988 Coll. is, under Section 3 of the Trade Licensing Act, excluded from its scope - this activity is authorised by the state mining administration authority (the mining authority), not by the Trade Licensing Office. Handling natural healing resources (e.g. peloids - healing mud) may fall under Act No. 164/2001 Coll. (the Spa Act).

Examples of activities

extraction (mining) and treatment of peat
production of peat briquettes
removal (extraction) of mud from the bottom of ponds
further treatment of already refined and extracted minerals (crushing, sorting, washing)
processing of brick and ceramic clays
production of bituminous mixtures from previously crushed aggregate
processing of rock salt (preparation of brine, crushing, cleaning and refining of salt)
processing of materials for the production of porcelain

What this trade is and what it is for

The trade Treatment of minerals, extraction of peat and mud is one of the 80 fields of activity of the unqualified (free) trade (field No. 6 under Annex No. 4 to the Trade Licensing Act, Act No. 455/1991 Coll.). It allows you to do business in the further treatment of already extracted and refined mineral raw materials and in the extraction and treatment of peat and the removal of mud from the bottom of ponds – always, however, outside mining activity within the meaning of Act No. 61/1988 Coll.

Under this trade you may further process and treat already extracted mineral raw materials (crush, sort, wash, grind, mix), extract and treat peat and produce peat briquettes, and remove mud from the bottom of ponds. These are typically raw materials and activities for construction, horticulture, the food industry (salt treatment) or the production of porcelain.

What falls under this trade (and what does not)

Under the content description of the field, the trade includes in particular:

the further treatment of already refined and extracted minerals (for example processing brick and ceramic clays, producing bituminous mixtures from previously crushed aggregate),
the processing of rock salt for both food and non-food purposes (preparation of brine, crushing, cleaning and refining of salt),
the processing of materials for the production of porcelain,
the extraction and treatment of peat and the production of peat briquettes,
the removal of mud from the water bottom of ponds and other similar activities.

Watch out for the boundaries with other regimes. This trade is delimited against activities which do not fall under the Trade Licensing Act at all, and against neighbouring fields:

The extraction of mineral raw materials (other than peat) and their treatment and refining carried out in connection with their extraction are not part of this field – under the content description of the trade they are expressly excluded.
Mining activity, activity carried out in a mining manner and the extraction of reserved deposits (coal, ores, oil, natural gas and other reserved minerals) under Act No. 61/1988 Coll. are not a trade – under Section 3 of the Trade Licensing Act they are excluded from its scope and are authorised by the state mining administration authority (the mining authority), not by the Trade Licensing Office.
Handling natural healing resources (for example healing mud – a peloid – used in spa treatment) may be subject to Act No. 164/2001 Coll. (the Spa Act) and a separate permit.
The manufacture of building materials and products from treated raw materials (porcelain, ceramic and plaster products) falls under another field of the unqualified trade (field No. 21).
Wholesale and retail of mineral raw materials falls under field No. 48 (Wholesale and retail).

If you are not sure how to classify a specific activity, verify it in advance with the Trade Licensing Office, or with the mining administration authority.

Conditions for obtaining it under the law

This is an unqualified (free) trade, so you do not have to prove professional qualification. The special conditions for operating a trade under Section 7 (neither education nor experience) do not apply here. It is enough to meet only the general conditions under Section 6 of the Trade Licensing Act:

full legal capacity (Section 6(1)(a)) – for a minor it may be replaced by the court's approval of the legal representative's consent to the independent operation of a trade,
a clean criminal record (Section 6(1)(b)) – under Section 6(2), a person who has been convicted by a final judgment of an intentional criminal offence committed in connection with doing business or with the subject of business is not considered to have a clean record. The Trade Licensing Office obtains the extract from the Criminal Records register itself.

Responsible representative (Section 11). For an unqualified trade a responsible representative is not mandatory. You may nevertheless appoint one voluntarily – Section 11(9) expressly allows this even in cases where the Act does not require it. This is used, for example, by legal persons or entrepreneurs who manage the operation remotely.

How to notify or obtain the trade step by step

Complete the Unified Registration Form (JRF). With a single form you notify the trade and at the same time can register for income tax, for social security and with the health insurance company.
Submit the notification (Section 45) at any municipal Trade Licensing Office (the central registration point), electronically via the rzp.gov.cz portal, or at a Czech POINT branch.
Provide proof of identity and state the subject of business. For an unqualified trade you do not submit any documents on education or experience.
Pay the administrative fee for the trade notification: CZK 1,000, or CZK 800 for an electronic submission.
Arising of the licence. The licence to operate a notifiable trade arises under Section 10(1)(a) usually already on the day of notification (provided the person notifying meets the statutory conditions). The office makes the entry in the Trade Register and issues the extract under Section 47 within 5 working days.

Tip: because the unqualified trade is a single one, you can list several fields of activity at once in a single notification for one fee. Adding a further field of the unqualified trade later is free of charge (CZK 0).

You can find the detailed procedure in the guide How to set up a trade.

Documents and fees

Proof of identity (identity card / passport).
A completed JRF stating field No. 6.
Extract from the Criminal Records register – for Czech citizens the office obtains it itself.
Documents on education or experience: not required (unqualified trade).
Administrative fee: CZK 1,000 for the notification, CZK 800 electronically; adding a further field of the unqualified trade CZK 0.
Entry deadline: within 5 working days of notification.

Frequently asked questions

Do I need any education or experience in mining or geology?

No. This is an unqualified (free) trade for which professional qualification is not proven. It is enough to meet the general conditions under Section 6 – full legal capacity and a clean criminal record.

Can I mine coal or ores, or extract a reserved deposit, on the basis of this trade?

No. The extraction of reserved deposits and mining activity under Act No. 61/1988 Coll. do not fall under the Trade Licensing Act (Section 3) and are authorised by the state mining administration authority. Moreover, this field also does not include the extraction of mineral raw materials (other than peat) and their treatment carried out in connection with their extraction. The trade covers the treatment of already extracted minerals, the extraction and treatment of peat and the removal of mud from the bottom of ponds.

How much will I pay for the notification?

The administrative fee is CZK 1,000, or CZK 800 for an electronic submission via rzp.gov.cz. Any later addition of a further field of the unqualified trade is free of charge.

When can I start doing business?

Usually right on the day of notifying the trade. The office makes the entry in the Trade Register within 5 working days, but the licence arises already at the moment of notification (provided you meet the statutory conditions).

Do I have to have a responsible representative?

No, you do not. For an unqualified trade it is not mandatory. If you wish, you may appoint one voluntarily under Section 11(9).