Decree of the Government of the Czechoslovak Socialist Republic No. 102 / 1976 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on the elimination of economic damage to socialist agricultural organisations
Valid
Effective from 01.10.1976
102
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 19 August 1976
on the elimination of economic damage to socialist agricultural organisations
The Government of the Czechoslovak Socialist Republic hereby orders, pursuant to Article 24 of Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 75 / 1976 Coll. (hereinafter referred to as "the Act"):
(1) Economic damage (Paragraph 23 (1) of the Act) means the reduction of annual gross agricultural production and the deterioration of the economic result, possibly only the reduction of annual gross agricultural production or only the deterioration of the economic result of a socialist agricultural organisation (hereinafter referred to as "the agricultural organisation"), which has been caused by:
(a) the permanent withdrawal of agricultural land from or temporary withdrawal of such land from agricultural production for a period of five years has reduced its production base or, where appropriate, made it difficult to manage the remaining land;
(b) the establishment of protection zones for the protection of the health of surface water supply tanks of drinking water for the bulk supply of the population (1) or for the protection of natural medical resources (2) it has reduced or made it difficult to operate;
where the removal of land or the establishment of a protection zone is a significant interference in the management of the agricultural organisation.
(2) The criteria set out in the Annex, which form part of this Regulation, shall be applicable to the assessment of whether the agricultural organisation is having significant intervention.
(1) The economic injury is eliminated by measures whereby an agricultural organisation may increase the intensity of agricultural production, in particular plant production, so as to achieve, in essence, the level of annual gross agricultural production and the economic result as before the intervention into its economy [Sections 1 (a) and 1 (b)] and to develop further.
(2) The measures provided for in paragraph 1 are of particular importance:
(a) the withdrawal of agricultural land on which hops, vineyards, intensively cultivated orchards and vegetable areas are situated, in particular under the construction or establishment of new cultures of the same species and within the same area;
(b) in the event of the removal of agricultural land other than that referred to in (a), or of the removal of meadows and pastures, in particular in the drainage of contaminated land, the construction of irrigation facilities, clinking and melliorative liming, melliorative treatment of sandy and clay soils, the construction of a new agricultural network, the construction of manure management, composting plants, drying plants, feed waste, warehouses and other purpose structures, and plant and animal production intensification facilities.
(3) The provisions of paragraph 2 apply mutatis mutandis to measures to eliminate economic injury resulting from the establishment of protection zones [Paragraph 1 (1) (b)].
(4) Measures under the previous paragraphs may also be implemented in the framework of cooperation in agriculture. 3)
(1) The funds for the measure referred to in Article 2 are provided by an organisation in the interest of which the agricultural land is withdrawn or reduced or made more difficult by its own means of investment; such payment shall not exceed 100 000 Kns per ha withdrawn or established by the protection zone of the land concerned. If the measures provided for in Article 2 are relevant to the construction of new buildings, that organisation shall also pay any fees for the withdrawal of agricultural land from agricultural production.
(2) Under the agreement on the elimination of economic injury pursuant to Article 14 of the Act, it may be provided that the organisation referred to in the previous paragraph will implement the measure under Article 2 itself.
(3) Where several organisations are obliged to eliminate economic damage, the funds referred to in paragraph 1 shall be allocated in proportion to the size of the share in the withdrawn or established protection zone of the land concerned.
(1) In calculating the economic injury (Section 13a (7) of the Act), the State economic management of agriculture is based on the average of annual gross agricultural production and on the average of the economic results over the last three calendar years before significant interference with the farm's economy. the organisation planning the loss shall be based only on the average of annual gross agricultural production; When the protection zone was set up, only the average economic results are based on economic results. The economic injury shall then be calculated on the basis of the proportion of the average observed attributable to the removal or establishment of the protection zone of the land concerned due to its size, boldness and production intensity achieved therein.
(2) If the elimination of economic damage is ensured by investment construction, a project task is included in the draft measure under Section 13a (7) of the Act.
(3) Where an agricultural organisation is not managed by a State Economic Management Authority, it shall calculate the economic damage and the draft measure shall be taken by the State Economic Management Authority of an agricultural organisation within the agricultural area; In doing so, it shall cooperate with the authority managing the agricultural organisation.
(1) The funds referred to in Article 3 (1) are payable to a special purpose account set up by the Czechoslovak State Bank for an authority which has quantified the economic damage and has taken a draft measure. That authority shall ensure that the measures for which the funds are intended are implemented in a timely manner; if the agricultural organisation is managed by another authority, the synergies with that authority shall apply mutatis mutandis.
(2) The funds in the special purpose account referred to in paragraph 1 may be used only for the implementation of the measures for which they are intended. If, after the decision has been taken, a change in the facts for which the implementation of these measures is no longer economically effective, the decision-making authority may decide that the funds in the special purpose account will be used to implement the measures to achieve the objectives pursued (Paragraph 2 (1)) in a more economically effective manner.
For the purposes of this Regulation, a narrower protection zone of natural medical resources within the meaning of Article 23 (4) of the Act shall be considered a narrower interim protection zone and a level 1 protection zone. 4)
Government Regulation No. 46 / 1967 Coll., on the settlement of damage caused by the economic activity of socialist organisations on the tangible assets of other socialist organisations and on compensation in investment construction remains unaffected.
This Regulation shall enter into force on 1 October 1976.
Strougal v. r.
Annex to Government Order No. 102 / 1976 Coll.
CRITERIA
decisive for assessing whether the withdrawal of agricultural land from or establishment of a protection zone on such land is a significant interference with the farm's management
Calculation procedure:
1. The measurement withdrawn or established by the protection zone of the agricultural land concerned shall, according to its classification, be converted by the conversion rates specified in Table A.
The percentage of the converted land shall then be determined from the total area of agricultural land of the agricultural organisation as set out in Table B. For an organisation with a total area of agricultural land up to 4000 ha, the indicator shall be established as a percentage; a substantial intervention will be taken if the proportion of the converted land from the total area of agricultural land of the agricultural organisation is at least 0,5%, but not less than 10 ha on withdrawal, or 2,5%, but at least 50 ha on establishment of the protection zone. For an organisation with a total area of land above 4000 ha, the indicator is set absolutely in converted hectares; substantial intervention shall be taken if the recalculated land is 20 ha or more on withdrawal or 100 ha or more on establishment of the protection zone.
2. The calculation shall be based on the total final withdrawal of land or the protection zone for an individual investment or extraction (not for individual construction phases).
Table A
| Zařazení pozemku | Přepočítací koeficient |
|---|---|
| Chmelnice, vinice, intenzívně obhospodařované sady a orná půda se zelinářskými plochami | 3,0 |
| Orná půda ostatní | 1,0 |
| Louky a pastviny | 0,4 |
Table B
| Celková výměra zemědělské půdy zemědělské organizace v ha | Podíl přepočtené půdy z celkové výměry zemědělské půdy zemědělské organizace | |
|---|---|---|
| při odnětí | při zřížení ochranného pásma | |
| do 4 000 | 0,5 % nejméně však 10 ha | 2,5 % nejméně však 50 ha |
| nad 4 000 | 20 ha | 100 ha |
1) § 12 zl. No 45 / 1966 Coll., § 19 of Act No. 138 / 1973 Coll., on Water (Water Act).
2) § 47 to 49 of Act No. 20 / 1966 Coll., on the care of the health of the people, § 23 to 29 of the Act No. 26 / 1972 Coll., § 23 to 29 of the Act No. 15 / 1972 Coll.
3) § 90 of Act No. 122 / 1975 Coll., on Agricultural Cooperative.
4) § 30 (1) (b) § 26 / 1972 Coll., § 30 (1) (b) § 15 / 1972 Coll.
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 102 / 1976 Coll., on the Removal of Economic Damage of Socialist Agricultural Organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.1976 |
|---|---|
| Effective from | 01.10.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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