Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 103 / 1977 Coll.
Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic on the Procedure for the Protection of the Forest Fund
Valid
Effective from 01.01.1978
103
DECLARATION
Ministry of Forestry and Water Management of the Slovak Socialist Republic
of 28 December 1977
on the procedure for the protection of the forestry fund
The Ministry of Forestry and Water Management of the Slovak Socialist Republic provides pursuant to Section 9 of Act No. 61 / 1977 Coll., on Forests:
CONDITIONS AND PROCEDURE FOR EXAMINATION OF FOREIGN FOREIGN INTEREST OR FOR LIMITATIONS IN THEIR USE FOR THE IMPLEMENTATION OF THE FUNCTION WOODS
Application for exemption of forest land from forest land fund
(1) The application for a decision to exempt forest land from the forest land fund is submitted by the person having a legal interest in the exclusion of forest land; the application contains:
(a) a detailed justification for the requirement, specifying the data on the use of forest land under consideration, such as for forest land whose exemption is requested for construction, the nature and purpose of the construction,
(b) data on the total size of forest land the exemption of which is envisaged;
(c) data on forest land by land register (name of municipality, cadastral territory, parcustoms numbers, area and designation of owner and user),
(d) data from the forest economic plan on forest land, including their inclusion in economic files by type of forest;
(e) a graphical representation of the required extent of the exclusion of forest parcels (permanent exclusion of a geometrical plan, temporary exclusion of a copy of the land map with the indication of the parcel numbers),
(f) comprehensive calculation of compensation for forest damage and assumption of increased operating costs, 1)
(g) the calculation of the economic efficiency of the investment2) for the exclusion of forest land;
(h) a proposal for a recovery plan;
(i) the opinions of the authorities concerned, the binding observations of the State Protection Authority as regards the territory protected for the purpose of the State Protection of Nature and the binding comments of the Health Ministry of the Slovak Socialist Republic on the protection zones of natural and table mineral water;
(j) the expression of the state organisation of the forestry sector which uses and, where appropriate, carries out professional management of the forests concerned;
(k) a detailed justification for the solution in terms of protection of the forestry fund and other social interests, where appropriate in alternatives;
(l) details of when and for which time the exemption of forest land is requested.
(2) The formalities referred to in paragraph 1 (d), (f), (g) and (h) shall be processed at the request and cost of the exclusion of forest land, by the organisation of the forestry sector managed by the Ministry of Forestry and Water of the Slovak Socialist Republic.
Application for restrictions on the use of forest land to fulfil forest functions
Paragraph 1 shall apply mutatis mutandis to the application for a decision to restrict the use of forest land for the performance of forest functions; no proposal for a recovery plan shall be submitted.
Reclamation plan
(1) The recovery plan contains:
(a) the technical part setting out the objective and method of landscaping the land, ditches, drains, hydrotechnical and hydromelliorative measures, technical land melioration, the construction of access and operation roads, the number of hidden earths and their use;
(b) the biological part indicating the quantity and type of afforestation material used for reclamation, ensuring protection of the reclamated areas from biotic pests, especially animals, the fertilisation intensity of the reclamated areas;
(c) the reclamation time procedure, indicated on the map;
(d) the time limit for completion of reclamation;
(e) an inventory of land with another type of reclamation where the return of the reclamated land to the forest fund is not an option.
Procedure for the exclusion of forest land from, or limited to, the forestry fund
The authority of the State administration of the forestry sector, which decides to exempt forest land from, or restrict its use, shall assess the economic and social justification for the requirements for the exemption of forest land from, or restrictions on, the use of forest land and the consequences of, the possible exclusion of forest land from, or restrictions on their use to, the forestry fund and the fulfilment of forest functions. According to the circumstances of the case, it examines and assesses whether the tasks for which the exclusion of or the restriction on the use of forest land is required cannot be ensured otherwise and whether it is taken into account for the protection of the forest fund and forest areas; (3) taking into account the losses incurred by the forestry economy and the overall importance of forests in the territory in terms of the protection and development of the environment and the nature of the landscape and other important interests of society.
Decisions to exempt forest land from or restrict the use of forest land from the forestry fund
(1) The authority of the State Administration of Forestry, which authorises the exclusion of forest land from or the restriction on its use, shall indicate in the decision, in addition to the formalities laid down in the general rules on administrative procedures:
(a) details of the forest land affected by the decision (name of the municipality, cadastral territory, parcustoms numbers and areas);
(b) the intention to implement the decision;
(c) the period for which the temporary exemption is fixed.
(2) In the decision referred to in paragraph 1, the authority of the State Administration of Forestry shall, as appropriate, indicate:
(a) the method and date of re-afforestation of the land and, where appropriate, the provision of established forest areas if, after the end of use, the exempted land is returned to the forestry fund for other purposes;
(b) in the case of more extensive construction and, where applicable, mining of minerals, the period of gradual deforestation of the deforested areas, so that these areas are used for the production of timber and the fulfilment of other forest functions until their actual use for other purposes;
(c) the conditions necessary in order to protect the forestry fund, forest crops and forestry facilities;
(d) other conditions set out in the statements of the competent authorities of the state administration, in particular water management bodies, national nature protection bodies, baths and springs, etc.
PROTECTION OF THE FOREIGN FUND IN THE PROCESSING OF PROPOSALS IN DETERMINATION OF SUPERVISORY PLACES, IN THE PROCESSING OF DOCUMENTS, IN THE DIFFERENT, CONSTRUCTION AND INDUSTRIAL ACTIVITIES, IN THE PROJECTION AND EXHIBITION OF DIRECTORAL AND LINIOUS STATUS AND IN THE GEOGICAL AND HYDROGEOLOGICAL RESEARCH
Protection of the forestry fund in the processing of proposals for the establishment of conquest areas
(1) In the processing of proposals for the establishment of mining areas, mining organisations shall base their work on the layout of the mineral mining areas proposed in the approved planning documentation.
(2) The proposal to grant consent to the proposal for the establishment of a mining area must include:
(a) an indicative outline of the location of the contiguous area on a copy of the map so as to make it clear the extent of the forest parcels concerned and the link to parts of the forest land fund in the immediate vicinity of the contiguous area;
(b) details of the forest land (parcustoms numbers and areas) concerned;
(c) a copy of the land map with a plot of the conquest area and an indication of the limit of the calculation of the mineral reserves and, where appropriate, the forecasting area for further mining, according to the evidence found by the geological survey;
(d) details of how the conditions under which the approval of the forestry authority for the approval of the territorial planning documentation has been given in the implementation of the work will be respected.
(3) Mining organisations shall submit a proposal for measures to ensure the protection of the forestry fund before discussing a plan to open, prepare, conquer or liquidate (4); add to the proposal:
(a) an assessment of the expected losses in the production of wood material, taking into account other forest functions as well as the expected consequential damage, as compared to the alternative solution as far as possible by geological surveys;
(b) the characteristics of the destruction and the conceptual solution of the recovery at the level of the study, so that the design of the implementation of forest reclamation can be assessed, or what will be the consequences of the rolling solution on the forest land fund; in the case of the quarry (surface) mining area, the conceptual solution of the reclamation may be replaced by a preliminary communication on the way in which the extraction area is used, indicating the deadline to complete the whole-range or corporate recovery plan;
(c) information on how the conditions under which the approval of the forestry authority for the establishment of a conquest area have been given are to be respected when carrying out the work;
(d) the opinion of the State organisation of the forestry sector which uses and, where appropriate, carries out professional management of the forests concerned.
(4) Where both the forest and the agricultural land fund are concerned, the draft measure referred to in paragraph 3 shall also indicate the conceptual solution for the reclamation of agricultural parcels. 5)
Protection of the forestry fund in the processing of building documentation
(1) In addition to the indicative design of the buildings, the request for approval to discuss the project task of the construction works shall contain the following additional information, as provided for in the circumstances of the case, on a copy of the land map and the data referred to in § 1 (1) (a), (b), (g) to (k):
(a) details of how the conditions under which the approval of the forestry authority in the approval of the land planning documentation has been given for the implementation of the construction;
(b) the expected temporary use of other forest land during construction, e.g. for construction site facilities;
(c) studies on changes in biological and natural conditions arising from the implementation of buildings;
(d) a proposal for measures to ensure the protection of the natural environment during the construction period and a proposal for biological modification of the landscape after construction.
(2) Routes of directional and liner structures should be conducted according to the circumstances of the case in such a way that the forestry fund is not broken down. In the case of infrastructure routes, pipelines, pipelines, etc., existing forest routes, partitions and other forest land without forest crops should be used as far as possible. The routes of the above-ground lines must be conducted at the edge of the forest; If this is not possible, alternative solutions to the design of the route should be presented through the ground line or, where appropriate, above ground line, which will not limit forest areas to achieving a growth corresponding to a given bond.
Protection of forestry in mining, construction and industrial activities
(1) Investors are required to discuss the start of work on the intended construction with the public administration of the forestry sector and with the forest user no later than the end of June of the year preceding the start of the work.
(2) Organisations carrying out mining, construction and industrial activities are required to:
(a) when carrying out a plot of cultural strata (3) on the area concerned, take care of its proper use for the reclamation of destroyed areas and for melliorological purposes, or ensure, in economically justified cases, its transport and spread out into areas intended for reclamation, or, where appropriate, use it for the greening of other areas;
(b) to make appropriate adjustments to the damaged parcels during operations, in particular mineral mining, so that they are ready for reclamation, fertilisation or other economic use in the form, soil storage and water conditions.
(c) to eliminate the effects of extraction in a comprehensive way on the entire destroyed area, in line with the surrounding landscape, taking into account both the needs of the economic exploitation of the land in the vicinity and the environmental aspect and the distortion of the landscape. In the areas of concentrated coal mining, discuss the concept of the location of the building and the shape of the drains and drains, not only in terms of future use for reclamation but also in terms of environmental creation,
(d) ensure that the water regime is protected in the territory.
(3) In addition to the obligations referred to in paragraph 2, mining organisations shall comply with the following measures:
(a) in the case of surface mining
1. to base the dispensation in a way that allows subsequent reclamation; To this end, mining organisations are required to develop technical standards for the treatment of the surface of the dross,
2. make the dispensers available through access and purpose communications in such a way as to build on the existing forest network;
3. to eliminate the consequences of non-organised soil sprinkling in the areas of concentrated mineral extraction, including on old droppings, by adjusting their slopes or, where appropriate, by sprinkling such droppings or directly by biological reclamation according to the conditions;
(b) in the case of deep-sea mining
1. reduce, where possible under the given technical and economic conditions, the fall in forest land (the basis of the broken-down essays, etc.),
2. on milder, unwatered soil declines to perform landscaping, deeper declines to fill with substitute matter and relayer them with soil-capable fertilisation.
(4) In addition to the obligations referred to in paragraphs 2 and 3, organisations shall, where they operate, be obliged to discharge waste materials (e.g. waste sites):
(a) to build dust and slag mainly into non-fertile terrain natural and artificial inequalities (e.g. extracted quarries, sandstone and clay),
(b) reduce dust to as low a level as possible in the construction, maintenance and removal of dust and slag;
(c) the areas intended for rolling shall be filled sequentially so that the individual filling points can be reclaimed in time.
Protection of forest land fund in geological and hydrogeological exploration
Geological and hydrogeological survey organisations shall:
(a) discuss in due time the intended implementation of the work with the State Administration of Forestry and with the users of forest land;
(b) discuss with the State Administration of the Forestry Authority the overall plan for carrying out the survey in terms of the possibilities of using the results of such a survey for the bearing opener.
COMMON AND FINAL PROVISIONS
On a proposal from the Federal Ministry of National Defence, the Ministry of Forestry and Water of the Slovak Socialist Republic may provide for the submission of supporting documents and data under this Decree for military forests.
This Decree shall take effect on 1 January 1978.
Minister:
Ing. Margetine v. r.
1) Calculation of compensation and other compensation for forest crops pursuant to Section 10 of Act No. 61 / 1977 Coll., on Forests, see MLVH Guidelines No. 24 504-3301 / OLH of 23.10.1968, published in the MLVH Report 1968, Item 8, and Communication of the Federal Ministry of Technical and Investment Development of 25.5.1977, Published in the FMTIR Report 1977, Volume 3 - 4.
2) Communication from the Federal Ministry for Technical and Investment Development of 15.4.1977 on how to examine the economic efficiency of investments to be affected by forest land (Rapporteur FMTIR 1977, item 3 - 4).
3) Article 4 (3) of Act No. 61 / 1977 Coll., on Forests.
4) Decree No 261 / 1957 of the Ú. v., which lays down more detailed provisions on the preparation and approval of plans for opening, preparing and quarrying, as well as 1 plan for securing and disposing of major mining works and quarrying.
5) Article 5 of Decree No. 142 / 1976 Coll., implementing certain provisions of the Act on the Protection of the Agricultural Soil Fund.
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Regulation Information
| Citation | Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 103 / 1977 Coll., on the Procedure for the Protection of the Forest Soil Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1977 |
|---|---|
| Effective from | 01.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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