218/2004 Coll.
LAW
Dated 8 April 2004
Amending Act no. 114/1992 Coll., On Nature and Landscape
amended, Act no. 50/1976 Coll., On territorial planning and
Building Code (Building Act ), as amended, and Act No.
. 219/2000 Coll., On the property of the Czech Republic and its representation in
legal relations, as amended
Change: 186/2006 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Amendments to the Act on the Protection of Nature and Landscape
Article I
Act no. 114/1992 Coll., On nature and landscape protection, as amended by Statutory measures
no. 347/1992 Coll., Act no. 289/1995 Coll., The Constitutional Court announced as
no. 3/1997 Coll., Act no. 16/1997 Coll., Act no.
123/1998 Coll., Act no. 161/1999 Coll., Act no. 238/1999 Coll., Act.
132/2000 Coll., Act no. 76/2002 Coll., Act no. 320/2002 Coll. and Act no. 100/2004 Coll
., is amended as follows:
First § 1 of the Act including the title and footnote no. 1) reads:
"§ 1 Purpose of the Act
purpose of this Act is the participation of relevant regions, municipalities, owners and managers of land
contribute to maintaining and restoring the natural balance in the landscape, the || | protect the diversity of life forms, natural values and beauty, to gently
management of natural resources and develop in accordance with the law of the European Communities
^ 1) in the Czech Republic Natura 2000
it is necessary to take into account the economic, social and cultural needs of the population and
regional and local conditions.
1) Council Directive 92/43 / EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora .
Council Directive 79/409 / EEC of 2 April 1979 on the conservation of wild birds
. ".
Second In § 3, letter d) reads:
"D) wild animal (hereinafter referred to as" animal ") is an individual animal
species which occurs in nature and is in direct care person. For
individual direct care person is considered to be an individual animal or
bird species from breeding in captivity, which is unmistakably
permanently marked or identified with a microchip or a collar or other
unmistakable way to find and record the nature conservation authority. the authority
nature protection is based on the written request of the holder to 30 days
obliged to register such an individual unless it has a reasonable suspicion of illegal origin
individuals. "
Third In § 3 at the end of point k) is replaced by a comma and letters
l) to s) which, including footnotes. 1b) to 1e) added:
"L) natural habitat is natural or semi-natural terrestrial or aquatic
area, which is defined based on geographic characteristics and the characteristics
animate and inanimate nature,
m) habitats in the interest of the European Communities (hereinafter
"European sites") are the habitats on European territory
Member States of the European Communities those types which are threatened
disappearance in their natural range or have a small natural area of distribution as
due to its retreat or as a result of their intrinsic properties or
present outstanding examples of typical characteristics
one or more of the biogeographical regions and which are set
legislation of the European Communities;-1b) as a priority to identify
those types of European habitats, which are on European territory
Member States of the European Communities in danger of disappearence, for whose preservation
European Communities have a special responsibility, and which are
prescribed by the regulations of the European Communities ^ 1e)
N) species in the interests of the European Communities (hereinafter "European importance
species") are species in the European territory of the Member States of the European
communities that are endangered, vulnerable, rare or endemic, and that
they are prescribed by the regulations of the European Communities; ^ 1c)
priority to denote significant European species requiring special
territorial protection for the conservation of the European Communities has
special responsibility, and which are prescribed by the regulations
European Communities ^ 1d)
O) site of European importance is the habitat requiring special territorial protection
^ 1e) and fulfilling the conditions under § 45a paragraph. 1, which
First It was included in the list of sites located on the territory of the Czech
Republic selected on the basis of the criteria laid down by the legislation of the European Communities
^ 1e) and requiring territorial protection (hereinafter
"national list"), and until the time of its inclusion in the list of sites for major
European Communities (hereinafter "European list")
Second qualifies for inclusion in the national list, but there was
included, and occurs on the priority natural habitat type or priority species
, and whose inclusion in the European list with
European Commission ( 'Commission ') is, up until about
inclusion or non-inclusion locations Czech Republic agrees with the Commission or
to the decision of the Council of the European Union (hereinafter the "disputed area"), or
Third It was included in the European list,
P) of the Natura 2000 ^ 1e) is a compact system of European territory provided
degree of protection that allows you to preserve natural habitats and
habitats of species in their natural range in the state
favorable conservation or, if necessary allowing the state to restore.
The Czech Republic is made up of the Natura 2000 areas and bird
important European locations that enjoy contractual protection (§ 39)
or are protected as a special protection area (§ 14)
Q) state of the natural habitat is considered
"favorable" when its natural range and areas it
covers within that range are stable or increasing, and
specific structure and functions which are necessary for its long
maintenance exist and are likely to in the foreseeable future
continue to exist, and the status of its typical species conservation is favorable
R) status of a species conservation is considered "favorable" when
population dynamics data on the species concerned indicate that
long maintained as a viable component of its natural
habitats and natural range and probably not the kind
will be limited for the foreseeable future, and there are and will probably
in the foreseeable future continue to be, a sufficiently large habitat to
long-term preservation of its population,
S) breed is holding any animal in captivity.
1b) Annex I to Council Directive 92/43 / EEC of 21 May 1992 on the protection
natural habitats and of wild fauna and flora
plants.
1c) Annexes II, IV and V of Council Directive 92/43 / EEC.
1d) Annex II to Directive 92/43 / EEC.
1e) Council Directive 92/43 / EEC. ".
Fourth in § 3, the existing text becomes paragraph 1 and the following
paragraph 2, which reads:
|| | "(2) These types of European habitats [paragraph 1 point. m)], including
priority, and the significant European species [paragraph 1 point. n)], including
priority that occur on the territory of the Czech Republic, provides
Ministry of Environment implementing regulation. For
species of European importance identified those required under legal regulations of the European Communities
special territorial protection. ^ 1d). "
5. In § 5, paragraph 5 reads:
"(5) Intentional spread of hybrid plants or animals into the landscape
is possible only with the permission of the nature conservation authorities.".
sixth in § 5, paragraph 7, which including footnote no. 4b )
reads:
"(7) the use of capture and killing of wild animals
ways, methods and means that the Ministry of environment
environment provides an implementing regulation;
Without prejudice to the prohibitions provided by special legislation. ^ 4b)
Ministry of the Environment decision, may grant an exemption from the prohibited
ways, methods and means only under the conditions specified in § 56 or § 5b
paragraph. 3rd
4b) Act no. 246/1992 Coll., On protection of animals against cruelty, as amended
.
Act no. 449/2001 Coll.
Act no. 102/1963 Coll. ".
Seventh In § 5 the following § 5a and 5b, including headings and notes
footnote. 4c) added: || |
"§ 5a
Protection of wild birds
(1) In order to protect species of birds live freely on European territory
Member States of the European Communities (hereinafter the "Birds") is banned
A) the deliberate killing or capture by any method
B) deliberate damaging or destroying their nests and eggs or removal of their nests
,
C) taking their eggs in the wild and keeping even
empty,
D) deliberate disturbance of these birds particularly during the breeding and rearing
if the disturbance would be significant in terms of goals
Birds Directive ^ 4c)
E) keeping birds of species the hunting and trapping are prohibited.
(2) the sale, transport for sale, the keeping for sale
and offering for sale of live or dead birds and of any readily recognizable parts
birds or bird products are prohibited.
(3) Who these birds covered by the ban, keeps, treats, transports,
exchanging or offering for sale or exchange must prove
challenge to nature conservation authority or nature guard their legal
origin and their identity. When proof of origin shall proceed accordingly by
§ 54.
(4) The provisions of paragraph 1 point. a) and e) does not apply to hunting of certain species of birds
defined and implemented in accordance with the regulations on hunting and
this Act. The provisions of paragraph 1 point. e) and paragraph 2 shall not apply
breeding birds are wild animals, can no longer hunt.
List these species stipulated by the Ministry of the Environment, in agreement with the Ministry of Agriculture
implementing regulation.
(5) The provisions of paragraph 1 point. a) and d) shall not apply to cases
urgent needs in the interest of public health and public safety and
interests of air safety, if not because of the danger of delay
proceed under § 5b. Whoever acts in accordance with this provision
notify the scope of the intervention and its consequences
nature conservation authority within 15 days.
(6) Anyone who builds or rebuilds overhead high voltage
is obliged to provide them with means of protection, which effectively prevents
killing by electrocution.
(7) On specially protected species of birds according to § 48 of this provision and § 5b
apply only if carried out, unless stringent protection for them, according
§ 50-57 or under a special law. ^ 4a)
§ 5b
Conditions variant procedure in Birds
(1) The nature conservation authority may, if there is no other satisfactory solution,
decision to establish the procedure diverge from the procedure set out in § 5a.
1 and 2, if it is necessary in the interests of public health or
public safety, in the interest of air safety, the prevention
serious damage to crops, domestic animals, forests, fisheries and water
economy or for the protection of wild fauna and flora
plants. Divergent procedure can also be specified for the purposes
research and teaching, re-settlement of certain territories or populations of species
re-introducing species in its original enlargement or
breeding in captivity for this purpose.
(2) The nature conservation authority may prescribe variant procedure referred to in paragraph 1
for the taking, possession or use of other birds in small numbers for
assumption that decisions on different procedure shall be issued only on the basis of an evaluation
the state of the local population and establishing
strictly controlled conditions.
(3) The decision referred to in paragraph 1 shall include
A) the indication of the species and number of birds, which are a variant procedure
apply,
B) the means, method or methods authorized for capture or killing,
C) the reason for the divergent approach based on paragraph 1 or 2
conditions and local time and the circumstances under which they may do so,
D) method checks that the nature conservation authority setting
variant procedure performed.
(4) In the event that the variant procedure will involve an unspecified circuit
entities defined by the Ministry of Environment
implementing legal regulation which must contain particulars pursuant to paragraph 3. a)
d) and the conditions under which it could be applied to variant procedure. Body
which in this case is empowered to declare that the conditions for divergent
process occurred, locally relevant nature conservation authority.
(5) Who carries out the activities specified in paragraph 1 or 4 shall
31 December each year, report the nature conservation authority intervention
made on the basis of the derogation procedure. Nature conservation authority about
immediately inform the Ministry of Environment.
4c) Council Directive 79/409 / EEC of 2 April 1979 on the conservation of wild birds living
.. "
Eighth § 10 including the title and footnote no. 9) reads :
"§ 10
Protection and use of caves
(1) Caves are underground spaces caused by natural forces
including fillings and natural phenomena in them.
(2) destroy, damage or modify a cave or otherwise alter their
preserved state is prohibited. Derogate from this prohibition may be granted by the authority
conservation only when it is in the interest of protecting the cave
or when another public interest protected by this or any other Act
significantly outweighed the interest in protecting the caves.
(3) For the survey or study of the cave is necessary to permit conservation authority
nature. Permits do not require persons authorized by the conservation
implementation of monitoring or inventory, as well as persons in the exercise of state
administration, the police, people in the tasks of national defense and personnel in
providing veterinary care, emergency services or management of water | || flows.
(4) The same protection under paragraphs 2 and 3 as well as caves, enjoy
natural phenomena on the surface (such as karst sinkholes, limestone pavements, dives and
karst springs water) related to caves.
(5) Findings cave in quarrying or performing
geological work, the person authorized to mine ^ 9) or a person
conducting geological work must immediately notify the protection
nature. A person authorized to mining is also liable for the necessary
time, unless threatened occupational safety and health,
halt mining activities that could damage discovered cave
and at its expense, provide documentation cave. Documentation from the authority
conservation. The content and extent of the documentation provides
Ministry of Environment decree.
9) Act no. 44/1988 Coll., On the protection and utilization of mineral resources
(Mining Act), as amended. ".
9. § 18 is deleted. || |
10th in § 20 par. 3, § 78 para. 5, § 79 par. 3 point. d), § 90 par. 1
reference to § 18 repealed.
11. in § 22 paragraph. 2 and 3, the title of § 60, § 60 par. 3 and 4, the words
"right to manage" is replaced by "competence to manage
property."
12. In § 23, the existing text becomes paragraph 1 and the following
paragraph 2, which reads:
"(2) the alienation referred to in paragraph 1 shall not be land swaps justified
nature protection .. "
13th § 27 including the title reads:
" § 27
Structure of the protected landscape areas
(1) To specify the method of conservation of protected landscape areas are defined
usually 4, but at least 3 zones graded
conservation; the first zone has the strictest protection regime. For more
mode nature protection zone of protected landscape areas legislates
regulation establishing a protected area declared.
(2) Definition and change individual nature protection zone down
Ministry of Environment decree. ".
14th in § 35 para. 2, the word" reservation "be replaced by" sights ". | ||
15th In § 36 after paragraph 1 the following paragraph 2 is added:
"(2) Change or damaging natural monument or its economic use
leading to damage are prohibited .. "
Former paragraph 2 becomes paragraph 3
16th § 38 including the title and footnote no. 14a) reads:
" § 38 | ||
Plans for specially protected areas
(1) The plan of care for specially protected area and its protective zone (hereinafter
"care plan") is a professional and policy document conservation that
on the basis of information about the historical development and current status of specially protected
territory proposes measures to preserve or improve the condition of the subject
protection in a specially protected territory and security
specially protected area against adverse environmental conditions in the protection zone.
Care plan serves as the basis for other types of planning documents-14a) and
deciding environmental protection authorities. For natural or legal persons
not binding.
(2) Development of a management plan ensures nature conservation authority responsible for the publication
specially protected area. Development of management plans for national
parks and protected landscape areas by the Ministry of Environment
environment.
(3) Before approving the plan of care shall issue a notice of conservation
possibility to get acquainted with the draft management plan. Notice published on the website
public administration and forwarded to the concerned municipalities, which is published on its official
Board.
(4) The draft management plan will discuss nature conservation authority also concerned with
municipalities and regions. The manner of settlement of comments owners, municipalities and counties
writes a nature conservation authority report, which also approves
care plan. The care plan approves nature conservation authority usually
a period of 10-15 years.
(5) The approved plan of care, the authority of nature conservation in the Central
conservation (§ 42) and passes in electronic form on a technical data carrier
affected municipalities and regions.
(6) Implementation of care for specially protected areas and their buffer zones
ensure nature conservation authority competent to approve the plan of care, while
progressing according to the approved plan of care.
(7) The Ministry of the Environment lays down implementing legal regulation
contents of management plans for each category of specially protected areas and
procedure processing.
14a) For example, the first part of Act no. 50/1976 Coll., § 24 of Act no.
289/1995 Coll., § 23-26 of the Act no. 254/2001 Coll., § 36-38 of Act No. .
449/2001 Coll. ".
17th § 39 including the title reads:
" § 39
Contractual protection
(1) For significant European locations can instead
declared a national nature reserve, national natural monuments, nature reserves, natural monuments or
memorable tree, including their protection zones,
declared as protected areas or tree for a memorable, if not already
specifically protected under this Act, on the basis of a written contract
concluded between the owner of the land concerned and the authority which is empowered
to their publication. Contractually can further protect the trees or other territories
lumped natural values, which are represented
significant or unique ecosystems within the biogeographic region or
habitat of rare or endangered species of animals and plants, unless already
They are not specifically protected under this Act. The contract must contain in particular
A) the definition of protective conditions of the protected area or a memorable tree,
B) how to care for the protected area or tree.
Such protection is established on the basis of a contract tied to the land in the form
easement on the land registration
ask the competent nature conservation authority. Particulars of the contents of the contract adjusts the Ministry of Environment
implementing regulation.
(2) Protected areas identified, unless the treaty otherwise, at his expense
authority is entitled to their publication. Means of identification
protected area and a memorable tree in the field and in the map data provides
Ministry of Environment Implementing
generally binding legal regulation. Designated protected area or marked memorable tree
is forbidden to damage. ".
18th § 40 including the title reads:
" § 40
Procedure when announcing Specially Protected Areas and defining zones
national parks and protected areas
(1) If it is necessary to declare a specially protected area or its protective zone
designate zones or national park or protected area of
Part III of this Act, the authority responsible for nature protection
declaration or definition ensure the development proposal. When processing
draft nature conservation authority evaluates the status of the preserved natural environment
areas proposed for protection and the manner of its protection.
(2) The proposal to declare a specially protected area or zoning
national park or protected area of the body notified in writing
conservation relevant to the declaration or definition known to the owners and tenants of properties affected
intended protection.
Proposal to hold a national park, protected landscape area or buffer zone
or to delineate zones of national parks and zones of the protected area
disclose the nature conservation authority on public administration portal. At the same time it sends
municipalities and regions whose territory the proposal touches.
Municipalities publish information on its receipt within 5 days of the official notice board.
Owners of properties affected by the proposed protection and concerned municipalities and counties may
against the proposal within 60 days of its publication on the portal of public administration
raise objections at the nature conservation authority, which is responsible for defining
publication or by paragraph 1. The nature conservation authority 60
Days of the closing date for application of the comments received
objection and make a decision about them. The individual objections issue
usually a joint decision. Party to the proceedings are merely physical and
legal persons that applied against the proposal objections.
Final decision on objections disclose the nature conservation authority portal
public administration.
(3) Since the publication of the draft declaration of the nature referred to in paragraph 2
special protection to the announcement, for a maximum period of one year
, everyone must refrain from any interference which would adversely alter or || | damaging to the state of nature preserved area proposed for special protection
.
(4) The content and elements of a specially protected area or its buffer zone
zoning or national park or protected landscape areas
set by the Ministry of the Environment
implementing legal regulation.
(5) Reducing the owners of the land under the law, which is announced
specially protected area or buffer zone or zones define
national park or protected landscape areas
not exceed the scope of the restrictions arising from the draft
specially protected area or its buffer zone or zoning
national park or protected landscape area and the decision on the objections under paragraph
second. "
19th in § 41, the following paragraph 1, which reads:
"(1) the intention to declare nature reserves and natural monuments
discuss nature conservation authority with the state authorities concerned
by special legislation. ^ 15)." || |
existing paragraphs 1 and 2 shall be renumbered 2 and 3
20th in § 41 paragraph. 3, the word "central" is deleted.
21st in § 42 at the end of paragraph 1 the sentence "In the central list
also recorded sites of European importance, bird areas and protected areas
according to § 39."
22nd § 43 including the title reads: || |
"§ 43
Exceptions to the prohibition in specially protected areas
Exceptions to the prohibition in specially protected areas according to § 16, 26, 29, 34,
§ 35 paragraph. 2 , § 36 para. 2, § 45h and 45i in cases where the public interest
greatly outweighs the interest of conservation, permitted in each individual case
government of its decision. ".
23rd In § 44 para. 1, at the end of the sentence "This approval is for the purposes
land and building management should be the case for the construction of continuously
urban municipality in the fourth zone of the protected area, and if
the municipality has approved zoning documentation embodying
opinion of the nature conservation authority to this documentation. ".
24th For the third part, the following new Part Four, which
including headings and footnotes Nos. 19a) up to 19 g) reads:
"PART FOUR
Natura 2000
CHAPTER ONE PROCESS FOR MAKING Natura 2000 network and its protection
|| Section One | sites of Community Importance
§ 45a
Creating a national list
(1) As a significant European locations will be included in the National list
those locations which, in the biogeographical region or regions to which it belongs
contribute significantly
a) to maintain or restore the favorable conservation status of at least one type
European habitats or at least one species of European importance
their protection, or || |
b) the maintenance of biological diversity biogeographical region.
for animal species ranging over wide areas of European
major sites correspond to the selected places within the natural range
of such species which present the physical and biological | || factors essential to their life and reproduction.
(2) locations, which will be included in a national list provides
government regulation, which establishes the limits of biogeographical regions in the Czech Republic and
for each one in particular:
A) the name of the site, its geographical location, including a map of the site and its
area,
B) the types of European habitats and species of European importance which,
requiring territorial protection to the area naturally occurring and
C) what category according to § 14 including buffer zones will be designed
site after inclusion in the European list proclaim unless
the contractually protected under § 39.
National list of different sites hosting priority habitat types
habitats and priority species.
(3) The Ministry of Environment shall submit a national list
along with other required information on each site to the Commission.
(4) sites that were included in the European list, and questionable sites
notify the Ministry of the Environment in the Official Gazette
form of communication.
§ 45b
Preliminary protection sites of European importance
(1) Damaging significant European locations included in the National
list and questionable sites is prohibited. Over the damage is not
proper management carried out in accordance with applicable laws and regulations ^ 19a)
and agreements made under § 69 of this Act. Derogate from this prohibition may be granted
nature conservation authority only for imperative reasons of overriding public interest
. This does not affect § 45h and 45i and
protective conditions of specially protected areas. Nature conservation authority
which granted the exemption, shall immediately inform the Ministry of the Environment
environment.
(2) Preliminary protection of sites referred to in paragraph 1 shall cease to apply
day following the date of their publication as a specially protected area or
entry into force of contractual protection, or after publication of the summary
sites of European importance that They were not included in the European
list, announced by the Ministry of environment
means of communications in the Official Gazette.
§ 45c
The protection of sites of European importance
(1) The nature conservation authority, which is responsible for the publication
specially protected area under the category referred to the important European
site in the national list, within 30 days of notification of the classification
significant European locations the European list in the Official Gazette (§
45a par. 4), unless the sites that are part of the already announced
specially protected areas, warns the owners of land in these areas through
municipal bodies, usually through public
decree that their protection on the land in question in the event that § 39
admits, can be secured by contract.
(2) If the owner within 60 days of receipt of notification pursuant to paragraph 1
make no written action to contract, or
under this act is not within one year of the conclusion of the contract
according to § 39, the site of European importance
declared a specially protected area in the category of protection provided for the national list,
and procedure established by law for the publication of a specially protected area
respective category. Different category of specially protected area
may, where justified by exceptional nature sites of European importance
establish the Ministry of Environment.
(3) Announcement of specially protected areas in accordance with paragraph 2, the competent authorities
Conservation within 6 years from the adoption
locations in the European list. When defining the protective conditions
specially protected areas into account the results of discussions with the owners and tenants of land
. The settlement of comments from the consultation leading authority
conservation administrative proceedings to which the participant are only those
owners and tenants who comments received. In the interests of economy
management can be an administrative procedure the comments on the same specially protected territories
merge.
§ 45d
If the design of the national list in accordance with § 45a exceed
important European sites hosting one or more types
priority natural habitats and priority species of 5% of its area
Czech Republic, Ministry of the Environment in accordance with
law of the European Communities ^ 1e) discuss with the Commission proposal for the corresponding
reduced application of criteria for the selection of SCIs
Community.
Section Two
§ 45e
Bird Area
(1) As can define the areas most suitable territories for the protection of
terms of occurrence, status and population levels of species of birds
occurring in the Czech Republic and provided legal
European Community regulations ^ 4c ) decreed by the government.
(2) Bird Area define government regulation in order to ensure the survival of species of birds
referred to in paragraph 1 and reproduction in their area of distribution,
taking into account the requirements of these species protection;
may yet define activities for which it is necessary to agree the nature conservation authority,
Taking into account the economic requirements, recreation, sport and
development plans of the municipalities and counties by zoning
documentation; military zones into account the collateral requirements
defense.
(3) Definition bird areas pursuant to paragraph 2 to the territory, which is not yet oddly
protected under Part III of this Act, it is only possible
after consultation with the affected regions and municipalities. A consultation with a written statement
with information about the way of all the comments.
Settlement will respect the requirements of European Community law.
(4) The farming methods bird areas is possible with
owner or lessee of the land contract. If the owners or tenants of land
reflected in writing of the conclusion of such contracts interested in nature conservation authority
with them shall, within 90 days of the launch contract negotiations
. Nature conservation authority concludes the contract, if the contract
not conflict with the European Community's legislation and this
law. If the contract based on the requirements of the owner or tenant of land
contains provisions for the implementation of conditional consent
nature protection authorities pursuant to paragraph 2, this agreement is for the
activity carried out by the owner or lessee of the land required.
(5) The possible disputes between nature conservation authorities on the one hand and
other entities referred to in paragraphs 3 and 4, on the other hand,
particularly in terms of protection of their rights in relation to the requirements of legal regulations
European Communities and the provisions of paragraphs 3 and 4, the court will decide
.
(6) The Ministry of the Environment, if necessary, provide treatment
summary of recommended measures to maintain favorable state
populations of these species in terms of protection.
(7) The method of marking bird areas in the field set by the Ministry of the Environment
implementing regulation.
Section Three
§ 45f
Status Monitor Bird Areas, sites of European importance, European
important species
(1) The nature conservation authorities monitor the state bird areas of European
important species and different types of European habitats, especially
sites of European importance; the information submitted to the Ministry of the Environment
. On the basis of this monitoring, the Ministry of Environment
environment, establish every three years a report on implementation of the provisions of § 5a, 5b and
45e and every six years, a report on the implementation of measures under § 5 para. 7, §
10, 45a, 45b, 45c, 45 g, 45h, 45i, 49, 50, 54 and 56, which must contain
particular information on these measures, as well as the assessment of their impact on the state of European
habitats and their individual types, European || | important species in terms of their protection and the main results of the monitoring
their condition with particular regard to priority natural habitat
and priority species. Report to the Commission and the public.
(2) The Government shall, in accordance with the laws of the European Community
^ 1e) and § 3 para. 1 point. q) and r) of the Act provides
what state of European sites and what kind of state of the European
significant in terms of protection deemed favorable.
Section Four
§ 45 g
Conditions for issuing permits, approvals, opinions or exemptions from the prohibitions
Permits, approvals, a favorable opinion or an exemption from the prohibition under this Act for
significant European locations and bird may grant
nature conservation authority only if it is excluded
serious or irreversible deterioration of natural habitats habitats and species for which protection is
site of European importance or a bird intended, nor
is not continuous or prolonged disturbance of the species for which
protect the areas designated as such disturbance could be || | significant in terms of the purpose of this Act, unless otherwise § 45i.
Rating consequences of concepts and projects on the sites of European importance and bird areas
§ 45h
(1) Any concept-19b) or intent-19c) which may
alone or in conjunction with other significant impact on the significant European locations
or areas can be subject to assessment of its consequences on the territory | || state of its protection of these aspects. It does not apply to plans of care
processed nature conservation authority for this area and also on forest
economic plans and forest management scheme for which binding
Opinion pursuant to § 4 para. 3 in this case take into account the Art. 6, paragraph. 3 and 4
Council Directive 92/43 / EEC.
(2) In assessing the implications of concepts and plans under paragraph 1
proceed in accordance with special regulations on the assessment of
environment-19d) in § 45i does not require otherwise.
§ 45i
(1) A person who intends to take a concept or intention to carry out specified in §
45h paragraph. 1 (hereinafter the "applicant") shall submit their draft
nature protection body of the opinion that may have
alone or in conjunction with other significant influence on the significant European
site or a bird. Planning documentation is presented
stage setting. Nature conservation authority shall issue an opinion within 15 days of receipt of the request
; It does not apply to its opinion on the draft
enter the territorial planning documents, which are subject to special legal regulations
. ^ 17) This opinion does not affect the screening procedure according
special regulation. ^ 19c)
(2) If the nature conservation authority its opinion under paragraph 1
significant influence pursuant to § 45h paragraph. 1 does not exclude must be given concept or intention
subject to an assessment under this provision and special
legislation. ^ 19d) If you can not eliminate the negative impact of the conception or intention
into such an area, the promoter must process variant solutions
aimed negative influence on the excluded or if
elimination is not possible, at least alleviate . Planning documentation ^ 17)
be assessed at the stage of concept solutions.
(3) The assessment under paragraph 2 or evaluation under § 67 may perform
Only natural persons who are holders of a special authorization (hereinafter
"authorization"). The condition for granting authorization is integrity
university education appropriate focus and an examination
proficiency. Authorization granted and withdrawn
Ministry of the Environment. Authorization is granted for a period of 5 years and can be
repeatedly extended for another 5 years. The extent of required education,
content test conditions for the extension of authorization and the reasons for the withdrawal
authorization set by the Ministry of the Environment
implementing legal regulation. In assessing qualifications
nationals of Member States of the European Union is governed by special legal regulations
. ^ 19e)
(4) A person of integrity for the purposes of this Act, who
been convicted of a criminal offense involving negligence,
whose merits are related to the authorized activity, or for a criminal offense committed intentionally
or that, under a special legal regulation or decision
President of the Republic, he would not like
convicted. Integrity shall be evidenced by an excerpt from the Criminal Records
not older than 3 months. In assessing the integrity
nationals of Member States of the European Union is governed by
special regulation. ^ 19f)
(5) In accordance with special legislation 19 grams) with authorization pursuant to paragraph 3
required for a person who is established in another Member State
European Union and the Czech Republic intends to temporarily or occasionally || | activities referred to in paragraph 3, if it proves that
A) is a national of a Member State of the European Union and
B) it is entitled to pursue the activities referred to in paragraph 3
under the law of another Member State of the European Union.
(6) The non-compliance pursuant to paragraph 5. a) and b) issue
Ministry of Environment decision within 15 days of
which were submitted complete documents pursuant to paragraph 5. a) and b).
(7) If no decision is taken pursuant to paragraph 6
activities pursuant to paragraph 3 may be exercised for a maximum period of one year from the date of
following the day on which the deadline for the decision.
(8) The body which is competent to approve the concept or intention
specified in § 45h, it can be approved only if based on the opinion
under the legislation on assessment of environmental impacts-19d) || | such a policy or plan will not have a negative impact throughout the European
importance or bird areas, or as provided in paragraph 9
or in paragraph 10. This is without prejudice
protective conditions of specially protected areas.
(9) If the assessment referred to in paragraph 2 proves negative influence on the
Natura 2000 and there is no alternative solutions with less negative impact
or not, can be designed concept or intention to approve or
solution within the territorial planning documents adopted only for imperative reasons of overriding public
interest and
concurrent imposition of compensatory measures necessary to ensure the protection and integrity of Natura 2000
procedure referred to in paragraph 11.
(10) If a negative effect on a site with priority habitat types
[§ 3 para. 1 point. m)] or a priority species [§ 3 para. 1 point. n)]
be a concept or intention to authorize, where appropriate solution within the territorial planning documents
accept only on grounds of public
health, public safety or beneficial consequences
undeniable importance for the environment. Other imperative reasons of overriding public interest
may be a reason for approval only issued if the intended
concept or intention of the Commission's opinion. Ministry of Environment
environment in this case based on the request of the competent authority
ask the Commission for an opinion. After a period of negotiations with the Commission in the respective periods
proceedings running. Proceed as described under paragraph 9 mutatis mutandis.
(11) Compensatory measures in accordance with paragraph 9 of the decision provides
nature conservation authority based on the request of a competent authority for approval
concept or plan. Storing and securing
compensatory measures in this case is the reason for interrupting proceedings conducted
competent public administration. In the event of an opinion on the concept
solutions zoning documentation ^ 17) The nature conservation authority suggests
compensatory measures the extent and details corresponding to the
kind of urban planning documentation. About
imposed compensatory measures or compensatory measures, which are part
approved planning documentation, inform the competent authority immediately
Conservation Ministry of Environment.
Ministry of the Environment imposed and carried
compensatory measures shall inform the Commission.
19a) For example Act no. 289/1995 Coll., On forests and on amending and supplementing
certain laws (the Forest Act), Act no. 254/2001 Coll. On waters and
amending some laws (the Water Act), as amended,
Act no. 99/2004 Coll., On fishpond, exercising fishing rights, fishing
guard, protection of marine fishery resources and
amending some laws (Act on Fisheries) Act no. 449/2001 Coll., on hunting, as amended
.
19b) Act no. 244/1992 Coll., On assessment of impacts of development concepts and
programs on the environment, as amended.
19c) Act no. 100/2001 Coll., On assessment of impacts on the environment and
amending certain related acts (Assessment
environment), as amended.
19d) Act no. 244/1992 Coll.
Act no. 100/2001 Coll.
19e) Act no. 18/2004 Coll., On the recognition of professional qualifications and other
of nationals of Member States of the European Union and
amending some laws (Act on recognition of professional qualifications).
19f) § 20 para. 1 of Law no. 18/2004.
19 g) § 5 of the Law no. 18/2004. ".
Background of the fourth to eighth are designated as part of the fifth to ninth.
25th in § 48 Subsections 4 and 5 are added:
"(4) as well as a specially protected or specially protected animal
plant is protected even dead individuals of this species, its
part or product thereof, wherein seen from the accompanying document, the packaging
tags, labels or other circumstances, it is made from a part of such an animal or plant
.
(5) The Ministry of the Environment lays down implementing legal regulation
way of assessing the status of specially protected species and their habitats, including the European
important species in terms of their protection. ".
26th in § 49 at the end of paragraph 1 the sentence "it is also forbidden
hold, grow, ship, sell, exchange or offer for the purpose of sale or exchange
.."
27th in § 50 of the end of paragraph 2 the sentence "it is also forbidden to hold
harbor, ship, sell, exchange, offer
for the purpose of sale or exchange.."
28th in § 50 paragraph 3 reads:
"(3) Protection under this Act shall not apply to cases where the intervention
the natural development of specially protected animals
demonstrably necessary due to normal management of real estate, or other assets
or for reasons of hygiene, protection public health, public safety or
air traffic. In these cases, the manner and time of the intervention
necessary prior opinion of the nature conservation authority when
not an urgent intervention in terms of public health and public safety or
air safety. In this opinion
nature conservation authority may impose compensatory protective measures, such as transfer
rescue animals. ".
29th In § 50 paragraph 6 reads:
"(6) Measures taken pursuant to this Act must take into account
economic, social and cultural requirements, regional and local
peculiarities.".
30th In § 54 paragraph 1 reads:
"(1) Whoever holds, breeds, grows, transports, sells, exchanges, offers for
sale or exchange or processes specially protected plant
specially protected fauna or flora and fauna protected by
international conventions or by special legal regulation 4a)
on the import and export of endangered species is bound to challenge the authority of nature protection
prove their legal origin (permitted import, permitted
removing from nature or collecting, growing in
culture or authorized breeding of individuals with proven origin under this provision and
etc.). Without this proof of origin is prohibited
specially protected plant or animal or plant and animal species protected under international conventions
or under special legal regulation 4a)
on the import and export of endangered species to keep, breed, grow, ship,
sell, exchange, and offering for sale or exchange. for
unmistakably identified or identifiable individuals lawfully taken
according to § 89 or under special legal regulation 4a)
on the import and export of endangered species is considered as lawful origin
final decision on removal. ".
31st In § 54 par. 2, after the word "thing referred to in paragraph 1,"
inserted the words "or otherwise dealt with in accordance with paragraph 1".
32nd In § 54, paragraphs 3-5, which including footnote No.
. 20a) added:
"(3) discharged into the wild specially protected animals born and bred in captivity
and sown or planted into the wild
specially protected plants artificially propagated-20a) can only be authorized by the authority
Conservation .
(4) the nature conservation authority factually and locally responsible for the registration
animals according to § 3 para. 1 point. d) the regional office of the place
residence or office holder of the registered individual. O
taking individuals to register will be decided in administrative proceedings.
on taking individuals to register will be issued a certificate holder.
This certificate is a public document proving during any check that is not a wild animal
under § 3 para. 1 point. d).
(5) the person who bred in captivity of an individual to be registered, it is
obligated within 30 days unmistakable mark. he is also obliged in the same
deadline to notify in writing the number of bred individuals and how they
designation of competent nature protection authority and ask about taking those
individuals to register. Unless the nature conservation authority
reasonable suspicion of illegal origins, in which it is required Rregistration,
these records done and the holder will receive a certificate Rregistration.
20a) Art. 7 paragraph. 1 point. c) of Council Regulation (EC) no. 338/97 of 9
December 1996 on the protection of species of wild fauna and flora
flora by regulating trade with them. ".
33rd V § 56 Subsections 3-5, which including footnote
Nos. 21a) added:
"(3) Exempt from the ban in specially protected plants and animals can be granted only
|| |
A) in the interest of public health or public safety,
B) in the interest of national defense,
C) in the interests of air safety or traffic at the traffic
important waterway, or in the interest of highway and expressway,
D) in order to prevent serious damage to crops, domestic animals or
woods or serious damage to fisheries and water management
E) in order to protect animals, plants or their habitats or
Protect natural habitats
F) for the purpose of research or educational
G) for the purpose of re-settlement populations of certain territory or
re-introducing the original complex species or captive breeding
for these purposes, including the artificial propagation of plants
H) other imperative reasons of overriding public interest significantly
including those of social and economic nature
have favorable consequences for the environment, or
I) for the use of certain birds for falconry purposes by
special regulation. 21a ^)
exemption may be granted only if no other satisfactory solution and if
population of the species is maintained in favorable status
protection.
(4) The Ministry of the Environment may
implementing regulation provide for an exemption from the prohibition if it will cover
unspecified number of people.
(5) For the content of the decision referred to in paragraph 1
implementing legal regulation pursuant to paragraph 4 shall apply mutatis mutandis § 5b, paragraph 3 and 4.
21a) Act no. 449/2001 Coll., As amended. ".
34th § 58 including the title and footnotes. 21b) to 21f) reads:
| || '§ 58
Compensation for hindering agricultural or forest management
(1) Nature and landscape protection in the public interest. Everyone is obliged to use
nature and landscape submit to restrictions arising from this Act.
(2) If the owner of agricultural land-21b) or forest land-21c) or
ponds with fish or water fowl, @ 21f) or lessee who these
land lawfully used, created or retained in
due to constraints arising from third to fifth part of this Act, including implementing
legislation or decisions issued on the basis of prejudice, the
entitled to a refund. The Financial compensation may not be granted
current owners and tenants of the same property. If requested compensation
time both provide financial compensation to the owner of the land.
Entitled to financial compensation belongs to the owner of agricultural land or forest land or
ponds with fish or waterfowl or tenants
that such land lawfully used, also in the event that it occurs or takes damage
due to limitations arising from decisions binding
opinion or approval issued under this Act.
(3) The financial compensation referred to in paragraph 2 shall be provided from the state budget
relevant nature conservation authority, on the basis of a written application
claim of the owner of agricultural land or forest land or pond
fish or water fowl, or tenant referred to in paragraph 2
if the claim for financial compensation and the amount shown
documents and material needed for the assessment of the claim.
Financial compensation can not provide the same owner and tenant of the same property. If requested
compensation time both provide financial compensation to the owner
land. Entitled to financial compensation lapses if the claim
not competent nature conservation authority delivered within 3 months from
end of the calendar year in which the damage occurred or existed.
(4) The relevant nature conservation authority pursuant to paragraph 3 of the territory
national parks and their protection zones administrations of national parks,
the protected landscape areas and their protective zones
management of protected areas and other areas of the Ministry of the environment
directly or through organizational
founded by the State.
(5) Where the owner referred to in paragraph 2 or tenants referred to in paragraph 2
a financial contribution for restrictions on grounds of
nature under § 69 or compensation under a special legal
prescription-21d) compensation pursuant to paragraph 2 are thus reduces the amount granted
. Financial compensation can not provide the same owner and tenant
same land. If requested compensation in time both provide a
financial compensation to the owner of the land.
(6) The Ministry of the Environment together with the Ministry of Agriculture
stipulates the conditions for granting financial compensation
pattern claim, its requirements and the way
determining the amount of compensation in cases where it is not determined by special legal
regulation. ^ 21e) The total amount of compensation under paragraph 2 shall not exceed
Amount which is the difference between the situation in the application of restrictions under paragraph 2 and
situations where such restrictions are not applied.
Contract in accordance with § 39 or § 45c can be financial compensation for a derogation;
financial compensation can not be higher than allowed under the implementing legislation.
(7) Compensation for damages under paragraph 2 shall be granted for the limitations resulting from
measures imposed as a result of the obligations laid down by
Act or its implementing regulations.
21b) Act no. 334/1992 Coll., On protection of agricultural land fund,
amended.
21c) Act no. 289/1995 Coll., As amended.
21d) For example Act no. 289/1995 Coll., As amended,
Act no. 115/2000 Coll., Compensations for damages caused by selected specially protected animals
, as amended.
21e) For example, Decree no. 55/1999 Coll., On the method of calculation of the loss
or damage caused to forests.
21f) Act no. 334/1992 Coll., As amended.
Law no. 99/2004 Coll. ".
35th in § 61 paragraph. 1," the owners cave "is replaced
" landowners related to the caves. "
| || 36th in § 61, paragraph 3 shall be added:
"(3) the caves are not part of the plot and are not subject to ownership.".
37th after § 61, the following new § 61a, which, including footnotes.
25a) reads:
"§ 61a
State administration may relinquish land for hedging
objectives of nature and landscape protection in the long-term use of a legal person who is not engaged
business and whose main mission is to protect
nature and landscape. Forest land-21c) can thus leave only after
agreement with the Ministry of Agriculture, unless the land territory
national parks and their protection zones, where it may leave
only after consultation with the Ministry of the Environment.
Provisions of special legislation 21c) for issuing preliminary consent
disposal of state-owned forests are not affected.
Provisions of special legislation 25a) for limiting the use to those
case.
25a) § 27 par. 2 of Act no. 219/2000 Coll., On the property of the Czech Republic and
its representation in legal relations, as amended. ".
38th in § 64 first sentence, the words "protected areas"
words "or harming the cave."
39th in § 68 para. 2 at the end the following sentence is added:
|| | "a written agreement can be adjusted also in management
specially protected areas and bird areas.".
40th in § 70 para. 1, "when the bodies of nature protection" are deleted.
| || 41st in § 70 paragraph 2 reads:
"(2) a civic association or its organizational unit, whose main mission
according to the statutes is to protect nature and landscape (hereinafter" civic association
') is entitled, if it has legal personality
require the competent government authorities to be informed in advance of all
intended interventions and commenced administrative proceedings involving
may affect the interests of nature conservation and landscape protection
under this Act. This request is valid for one year from the date of filing, it can be administered repeatedly
. Must be substantively and locally specified. ".
42nd in § 75 para. 1, at the end of subparagraph g) is replaced by a comma and
subparagraph h), which reads:
|| | 'h) military authorities, the Ministry of Defence. ".
43rd in § 76 after paragraph 2 the following paragraph 3 is added:
" (3) the powers delegated by the municipal authorities paragraph 2 does not
national parks, protected areas, national
nature reserves, nature reserves, national natural
monuments, natural monuments and their protective zones. ". Former paragraphs
3 and 4 are renumbered as paragraphs 4 and 5.
44th in § 77 par. 1, after the word "circuit" the words "unless the
national Park, a protected area or the protection zone. "
45th in § 77 par. 2 point. c) the words" specially protected animal "
inserted after the word" bird ".
46th In § 77a paragraph 2 reads:
"(2) Regions may issue for its administrative district, unless the
national Park, a protected area or buffer zone, a regulation on
Establishing a natural park, including restrictions on the use of its territory (§ 12 para.
3) and the Regulation on the establishment of a nature reserve (§ 33) and establishing
natural monuments (§ 36), including the determination of their closer trade and conditions | || caring for these territories. They can go on that territory
regulation under § 64, if not to the Ministry of the Environment
environment. ".
47th in § 77a paragraph. 3 letter c) reads: || |
"c) granting exemptions from the prohibitions set out for the cave (§ 10 paragraph. 2)
issuing permits for activities in caves (§ 10 par. 3),".
48th V § 77a paragraph. 3, letter d) be deleted.
existing letters e) to v) are renumbered d) to u).
49th in § 77a paragraph. 3 point. m) the words "specially protected animal"
inserted after the word "bird".
50th in § 77a paragraph. 3 point. o) the words "and may transfer the right of management
to property (§ 60 par. 3) "are deleted.
51st in § 77a paragraph. 3 at the end of the letter u) is replaced by a comma and subparagraphs
v) to x) are added :
"v) issue approval pursuant to § 45e. 2 bird areas and
caring for them, unless there is appropriate management of the National park
or managing the protected area,
W) issued an opinion according to § 45i paragraph. 1 and impose compensatory measures
according to § 45i par. 11,
X) certificates are issued pursuant to § 54 para. 4 and approval according to § 54 par. 3
for specially protected endangered animals. ".
52nd in § 78 para. 1 the words" appropriate community "is replaced by" competent local authority
. "
53rd in § 78 para. 2 the words" § 76 par. 1 point. b) and paragraph. 2 point. c)
to e) "are replaced by" § 76 par. 1 point. a) ".
54th in § 78 para. 2, at the end of the paragraph the following sentence" Administrations are also entitled to decide
according to § 66, 86 and 89 and are entitled to require proof of origin and
identity under § 54. in addition, grant exemptions from the prohibitions provided for
cave (§ 10 paragraph. 2)
issuing permits for activities in caves (§ 10 par. 3), issued an opinion in accordance with § 45i paragraph
. 1 and impose compensatory measures according to § 45i, paragraph 11.
Administration national parks within their jurisdiction and administration of protected landscape areas
in other regions of the Czech Republic issued approval according to § 45e paragraph
. 2 bird areas, on whose territory the national park
protected landscape area, national nature reserve or national
natural monument, and caring for them and granting exemptions from the protection
conditions of specially protected critically and highly endangered species of flora and fauna
, certificates are issued pursuant to § 54 para. 4 and approval according to § 54 paragraph
. 3 for the specially protected critically endangered animals. ".
55th in § 78 after paragraph 2 the following paragraphs 3-6 are added:
" (3) The Administration shall be entitled to issue regulations within their competencies,
according to § 5 para. 1, § 19, § 33 para. 1, § 36 para. 1 and § 45 para.
1, and further pursuant to § 64, if not to the Ministry of the environment
environment. Proposal for a Regulation discuss the report with the affected municipalities.
Regulation must be published by posting on the official notice board of administration for 15 days, which
is a condition of its validity. The day of publication is considered the first day
regulation posting on the bulletin board. In addition, the Administration may publish
regulation in the usual way.
(4) Regulation Administration shall take effect on the fifteenth day following its publication
if it is determined later onset of efficacy.
In cases where it requires urgent general interest may
Administration regulation come into force and effect already on the day of publication.
(5) Regulation must be accessible to everyone on
authorized municipal authorities and municipal offices in communities whose territorial district concerns. Regulation
Administration will send immediately to the Ministry of the Environment.
(6) Should a government regulation or part
act or another legal regulation issued to implement the Act, the Ministry of Environment
environment or part thereof canceled. Cancellations are valid on the day of receipt of the written copy
governance and effective within 15 days after its publication
on the bulletin board. ".
Former paragraphs 3 to 5 become paragraphs 7 to 9 | ||
56th in § 78 para. 7 at the end of the paragraph, the following sentence is added:
"Management also covers specially protected areas within its territorial scope
.".
57th In § 78 para. 8, the words "district authorities" are replaced by "
regional offices, municipal offices with extended powers."
'58. Under § 78 the following § 78a, including the heading reads:
"§ 78a
Competence of nature conservation in military zones
(1) the territory of military bases ^ 26) perform state administration in the protection of nature and landscape
military zone authorities ^ 26) within the scope of municipal authorities
(§ 76), municipalities with extended powers (§ 77), counties (§ 77a) and management (§
78), if not to the jurisdiction of the Ministry of Defence. || |
(2) the Ministry of defense in military zones and
) developed, in collaboration with the Ministry of environment
forecasts, concepts and strategies of nature conservation
b) identifies and assesses regional system of ecological stability (§ 4 para. 1
)
c) deciding to limit the exercise of the right of hunting and fishing in natural
reserves (§ 34 para. 2)
|| | d) issue implementing legislation establishing a nature reserve
(§ 33) and natural monuments (§ 36) and their protective zones and their
provides further protection conditions (§ 33 and 36)
e) approve management plans for nature reserves and natural monuments (§ 38)
F) grants exceptions (§ 43) from the prohibitions in nature reserves and natural monuments
,
G) submit proposals to the expropriation (§ 60 par. 2)
H) participate in creating a central list for its territory (§
42)
I) cooperate with other administrations on ensuring environmental
education,
J) exercise state supervision in the field of nature and landscape protection,
K) the relevant authorities when dealing with zoning
large territorial unit. ".
59th in § 79 para. 2 at the end of point d) is replaced by a comma and
a subparagraph e), which reads:
"e) gives the Commission the reports and information required by the legislation
European Communities on the protection of wildlife and
fauna and their habitats.".
60th in § 79 par. 3 point. b) the word "ordinance" is replaced
"implementing legislation" at the end of the text of letter b), the following
words "and also publishes implementing legislation in accordance with § 64 of national
natural reserves and national natural monuments. "
61st in § 79 par. 3 point. f) the words" to protective conditions of specially protected
critically and highly endangered species of plants, animals and
"are deleted.
62nd in § 79 par. 3 point. g) in the first brace for the early indication
paragraph the number" 29 " and comma.
63rd in § 79 par. 3 point. l) the words "§ 91" is replaced by "§ 78a and 91
".
64th In § 79 par. 3, the letter n) of the new letters) to w)
added:
"A) grants permission to intervene against pests and in cases of exceptional and unforeseeable circumstances
damage in forests in national parks (§ 22 paragraph
. 1)
p) issued a communication on contentious areas and areas which were subject
interim protection, but were not included on the European list,
q) grant exemptions from the prohibitions provided for significant European
sites that are not yet part of the specially protected area (§
45b par. 1),
r) coordinates activities of the regional offices and administrations to issue opinions
according to § 45i paragraph. 1 and in imposing compensatory measures under § 45i
par. 11,
s) submitted a request for an opinion by the Commission in accordance with § 45i paragraph. 10
t) issue opinions on applications for a financial contribution from the European Union
,
u) the relevant authorities when dealing with zoning
large territorial unit,
v) cancels management measures, if they are in conflict with the law, other legal
regulation issued pursuant to the Act and the its limits, the Government Resolution
or directives of central administrative offices and unless the decision-making
administrative proceedings (§ 78)
W) is authorized to establish an allowance organization to ensure
conservation, management and operation of show caves ".
Existing letter o) shall become point x).
65 . under § 79 the following § 79a, including the heading and footnotes
line no. 41a) and 41b) reads:
"§ 79a
Special professional competence
(1) Administrative activities of a special legal regulation 41a ^)
if exercised by management, must be provided by officials,
who have demonstrated special competence.
(2) Administrative activities referred to in paragraph 1 may perform exceptionally well
official who has no particular competence,
A) a maximum period of 18 months from the commencement of his employment officer
to manage or date when he began to perform the activity for which performance is
proven their proficiency requirement, or
B) at the request or at the request of the Administration issued by the Ministry of Interior
certificate of recognition of education or part thereof obtained
officer in another study program or
C) which until 31 December 2007 will be entitled to a pension.
(3) Special professional competence shall be verified by testing and demonstrating
certificate. An official must prove special competence to
performance management operations referred to in paragraph 1 within 18 months from the establishment
employment for the administration or from the date when he started to operate,
for the exercise of the special professional competence
prerequisite.
(4) Special professional competence is general and special part. General
part includes basic knowledge of public administration, especially
general principles of organization and functioning of public administration, knowledge of the Municipalities Act, the Act on
counties and the Administrative Procedure Act, and the ability to apply these regulations
. Special section includes the knowledge necessary to perform administrative
activities referred to in paragraph 1, particularly knowledge management application
related to these activities, and the ability of their applications.
(5) Administrations are required to sign an official who performs administrative
activities referred to in paragraph 1, to pass the exam within 6 months of the commencement of employment
official or within 3 months from the date the clerk began || | carry out administrative work for the exercise is to demonstrate the special
proficiency requirement.
(6) The security and progress of the test, the examination committee on certification and
opposition proceedings shall apply mutatis mutandis to the special legal regulation on officials
governments. ^ 41b)
41a) Decree no. 512/2002 Coll., On special professional competence of officers
local governments.
41b) § 22-26 of the Act no. 312/2002 Coll., On Officials
territorial self-governing units and amending some laws. ".
66th in § 81 paragraph. 3 point. G ) the words "district authority or administration"
replaced by "Office of the designation."
67th in § 81 paragraph 6 reads:
"(6) Establishing authority provision nature guard is canceled if the natural
person ceased to hold office, meet the conditions set out in paragraph 3
or proves that it was appointed on the basis of incorrect or false information
. Establishing authority provisions may cancel guards
nature on their own initiative or for other reasons at the request
person who is appointed guards nature. A person whose instituting
Office repealed the provision of guards nature, is obliged to immediately surrender
this office badge and card guards nature. ".
68th in § 83, the following paragraph 4 is added :
"(4) excludes the nature of things, or unless there are important interests
one of the parties, nature protection authority may combine various
proceedings under this Act and issue the applicant or person , which will be the
an obligation, some decisions together. ".
69th in § 84 including the title, the word" franchise "is replaced by
" decision. "
70 . In § 85 para. 2 the words "regional authorities," replaced
"nature conservation authorities."
71st in § 87 para. 1 point. c) after the word "animals"
words "or birds."
72nd in § 87 para. 1 letter g) shall be deleted.
existing letters h) to j) are renumbered g) to i).
73rd in § 87 para. 1 after letter i) new letters j) to l)
added:
"j) planted or sown artificially grown specially protected plant or deleted
specially protected animals born and bred in captivity into the wild
without the consent of the nature conservation authority
K) does not keep proper records of breeding of specially protected animals or birds or planting
specially protected plant
L) fails to fulfill the obligation unmistakable indication
specially protected animal or bird, requests within the prescribed deadlines for the issue
or certificate within the prescribed period surrenders
competent nature conservation authority. ".
74. In § 87 par. 2 point. c) after the word "kill" the words
"birds except those which may be hunted or."
75th in § 87 para. 2 at the end of letter g) the words "or violates
other obligations laid down to protect the caves under § 10".
76th in § 87 par. 3 point. n) the words "in a specially protected area "
after the words" marked contractually protected area, the European
significant locality or bird area. "
77th in § 87 para. 3, at the end of subparagraph n) is replaced by a
comma and the following letter o), which reads:
"a) proves the prescribed manner of bird ancestry or origin
specially protected plant or animal or plant and animal
protected by international conventions, or a special legal regulation, 4a)
or otherwise violates an obligation or prohibition in § 54 ".
78th In § 87, paragraph 5 shall be deleted.
79th In § 88 para. 1 letter e) reads:
"E) kills or breeding birds, except those which may be hunted,
or specially protected wildlife without a permit or otherwise improperly
interferes with their natural development."
80th In § 88 para. 1, at the end of the text of letter l) the words "or
violates other obligations laid down to protect the caves under § 10".
81st In § 88 para. 1 letter n) reads:
"N) planted or sown artificially propagated plants specially protected or deleted
specially protected animals born and bred in captivity into the wild
without the consent of the nature conservation authority."
82nd In § 88 par. 2 point. n) the words "in a specially protected area"
words ", marked contractually protected areas of European importance
locality or region can".
83rd In § 88 para. 2 at the end of subparagraph n) is replaced by a comma and subparagraphs
o) ap), added:
"O) proves the prescribed manner of bird ancestry or origin
specially protected plant or animal or plant and animal
protected under an international convention or a special legal regulation, 4a)
or otherwise violates an obligation or prohibition set out in § 54, p
) fulfills the conditions of the exemption granted pursuant to § 43 and 56 or the conditions
consent in accordance with § 44 and 57. ".
84th In § 88, paragraph 7 is deleted.
85th Under § 88 the following § 88a, including the heading and footnotes
line no. 42a) reads:
"§ 88a
collecting and recovering fines
fine imposed inspections or administration under § 87 or § 88 or
military district offices collect these offices and enforced by the financial authorities. In || | other cases, the fine collected and enforced by the nature conservation authority, which
imposed it. the proceeds of fines imposed by the municipal authority of a municipality with extended jurisdiction are revenue
municipal budget revenues and fines imposed by the regional Office
the budget revenue for the region. revenues fines
stored administration and inspection are divided in the manner provided by special law, ^ 7) except
military zones where yield fines revenue of the state budget.
Revenues from fines municipality can use only for environmental improvements | || for nature and landscape protection in the village. the collection and enforcement of fines shall proceed
under special laws. ^ 42a)
42a) Act no. 337/1992 Coll., on administration of taxes and fees , as
amended. ".
86th In § 89 para. 1, the first sentence after the word "animals" the words
"and birds".
87th In § 90 par. 1, the first sentence is replaced "general regulations on administrative proceedings
^ 43) do not apply to proceedings under § 24, 27, 38, § 45i
paragraph. 1, § 46 para. 2, § 52 and 69 of this Act. ".
88th In § 90 par. 1, second sentence, the words "individual
specially protected species" are deleted.
89th In § 90 at the end of paragraph 1 sentence "Consents and binding
opinions issued to plans that are not approved
in administrative proceedings are also not issued in administrative proceedings, except
binding opinion on forest management plans and forest management
curriculum. ".
90th In § 90 par. 3, after the words "§ 10" the words "paragraph. 2".
91st In § 90, paragraphs 13 and 14 including footnotes
line no. 47a) and 47b) are added:
"(13) The provisions of § 4 para. 2 and 3, § 12 and § 49 para. 1 shall not apply to activities
held in direct connection with the management of state borders. ^ 47a)
Any damage to nature from for the management of state borders in these cases
not exceed what is strictly necessary.
(14) to provide an overview of the land within their competence for the purposes
conservation and for the establishment of specially protected areas and their | || protective zones are by nature protection authorities and the government department responsible for managing
central list of authorized free use data
cadastre. ^ 47b)
47a) Act no. 312/2001 Coll. State borders.
47b) Act no. 344/1992 Coll., on the Land Registry of the Czech Republic
(cadastral Act), as amended. ".
Article II
Transitional and common provisions
First Previous rulings on exemptions from the prohibition under the Act no.
114/1992 Coll., On nature and landscape protection, as amended
regulations are not affected by this Act.
Second Proceedings commenced before the effective date of this Act shall be completed
under the existing legislation.
Third Begun discussing plans (proposals) on the publication
specially protected areas in accordance with § 40 of Act no. 114/1992 Coll., On nature and landscape
, as amended, shall be completed under the current
legislation.
Article III
Authorization to publication of the full text
Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 114/1992 Coll., On nature and landscape protection, as is clear from
laws and the Constitutional Court judgment amending it.
PART TWO
Canceled Article IV
Canceled PART THREE
Changing the law on property of the Czech Republic and its representation in legal relations
Article V
Act no. 219/2000 Coll., On the property of the Czech Republic and its representation in
legal relations, as amended by Act no. 492/2000 Coll., Act no. 229/2001
Coll., Act no. 320/2001 Coll., Act no. 501/2001 Coll., Act no. 202/2002
Coll., Act no. 280/2002 Coll., the Constitutional court ruling promulgated under no.
476 / 2002 Coll., Act no. 88/2003 Coll., Act no. 354/2003 Coll. and Act no. 480/2003 Coll
., is amended as follows:
In § 27 par. 3 at the end of the second sentence, the words "conservation and
care of the environment."
PART FOUR
EFFICIENCY Article VI
This Act shall take effect on the date of its publication.
Zaorálek vr Klaus vr
Špidla
