Act of the Czech National Council No. 114 / 1992 Coll.

Act of the Czech National Council on Nature and Landscape Conservation

Valid Effective from 01.06.1992
Contents
ČÁST PRVNÍ § 1 § 2 § 3 ČÁST DRUHÁ HLAVA PRVNÍ § 4 § 5 § 5a § 5b § 6 § 7 § 8 § 9 § 10 § 11 § 12 § 13 HLAVA DRUHÁ Díl 1 § 13a § 13b § 13c Díl 2 § 13d § 13e § 13f § 13g § 13h § 13i § 13j § 13k § 13l ČÁST TŘETÍ HLAVA PRVNÍ § 14 HLAVA DRUHÁ Díl 1 § 15 § 15a § 15b § 15c § 15d Díl 2 § 16 § 16a § 16b § 16c § 16d § 17 § 18 § 18a § 19 § 20 § 21 § 22 § 22a § 22b HLAVA TŘETÍ § 25 § 26 § 27 HLAVA ČTVRTÁ § 28 § 29 § 30 § 31 § 33 § 34 HLAVA PÁTÁ § 35 § 36 HLAVA ŠESTÁ § 37 § 38 § 38a § 39 § 40 § 41 § 42 § 43 § 44 § 44a § 45 ČÁST ČTVRTÁ HLAVA PRVNÍ Oddíl první § 45a § 45b § 45c § 45d Oddíl druhý § 45e Oddíl třetí § 45f Oddíl čtvrtý § 45g § 45h § 45i § 45j ČÁST PÁTÁ HLAVA PRVNÍ § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 HLAVA DRUHÁ § 55 § 56 § 57 ČÁST ŠESTÁ HLAVA PRVNÍ § 58 § 59 § 60 § 61 § 61a § 61b § 62 § 63 § 64 § 65 § 66 HLAVA DRUHÁ § 67 § 68 § 69 HLAVA TŘETÍ § 70 § 71 § 72 § 72a § 72b § 72c § 72d § 73 § 74 ČÁST SEDMÁ HLAVA PRVNÍ § 75 § 76 § 77 § 77a § 78 § 78a § 79 § 79a § 80 § 81 § 81a § 81b § 82 HLAVA DRUHÁ § 82a HLAVA TŘETÍ § 83 § 83a § 84 § 85 ČÁST OSMÁ § 86 § 87 § 88 § 88a § 89 ČÁST DEVÁTÁ § 90 § 90a § 91 § 92 § 93
114
THE LAW
Czech National Council
of 19 February 1992
on nature and landscape conservation
The Czech National Council decided on this law:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS
§ 1
Purpose of the law
The purpose of the Act is to contribute to the conservation and restoration of natural balance in the landscape, to the protection of diversity of life forms, natural values and beauty, to the sustainable management of natural resources and to the creation of a Natura 2000 system in the Czech Republic, in accordance with the law of the European Community1c. In doing so, account must be taken of the economic, social and cultural needs of the population and of regional and local circumstances.
§ 2
Nature and Landscape Protection
(1) Nature and landscape protection under this law means the further defined care of the state and natural and legal persons for wild animals, wild plants and their communities, minerals, rocks, paleontological findings and geological units, the care of ecological systems and landscapes, as well as the care of landscape appearance and accessibility.
(2) Protection of nature and landscape under this Act is ensured in particular:
(a) the protection and development of a territorial system of environmental stability in the landscape;
(b) the general protection of species of wild plants and wildlife and the special protection of those species which are rare or endangered, by positive influence on their development in nature and by ensuring that they are maintained, including through the use of special nurseries and nurseries, where appropriate;
(c) the protection of selected mineral sites, paleontological findings and geomorphological and geological phenomena as well as the special protection of selected minerals;
(d) the protection of timber grown outside the forest;
(e) the creation and management of a network of specially protected territories;
(f) participation in the development and approval of forest economic plans to ensure environmentally sound forest management;
(g) participation in the planning and construction process in order to promote the creation of an environmentally balanced and aesthetically valuable landscape;
(h) participation in the protection of the soil fund, in particular in land-based adjustment;
(i) by influencing water management in the landscape in order to maintain natural conditions for the life of aquatic and wetland ecosystems, while maintaining the natural nature and nature of the nearby appearance of watercourses and areas and wetlands;
(j) the renewal and creation of new, naturally valuable ecosystems, such as in reclamation and other major changes in the structure and use of the landscape;
(k) protecting the landscape for environmentally appropriate forms of economic exploitation, tourism and recreation;
(l) preventing and regulating the introduction into the landscape of invasive non-indigenous species of plants and animals ("invasive non-indigenous species") following Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and control of the introduction or introduction and spread of invasive non-indigenous species ("Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council"),
(m) laying down conditions for the use of alien and locally absent species in aquaculture following Council Regulation (EC) No 708 / 2007 of 11 June 2007 concerning the use of alien and locally absent species in aquaculture, as amended, hereinafter referred to as "Council Regulation (EC) No 708 / 2007."
§ 3
Definition of terms
(1) For the purposes of this Act, certain basic terms are defined as follows:
(a) the territorial system of environmental stability of the landscape (hereinafter referred to as the "environmental stability system") is an interconnected set of natural and altered but natural ecosystems which maintain a natural balance. A distinction is made between local, regional and trans-regional environmental stability systems,
(b) an important landscape element such as ecologically, geomorphologically or aesthetically valuable part of the landscape shapes its typical appearance or contributes to maintaining its stability. Forests, pegs, watercourses, ponds, lakes, valleys are important landscape elements. They also include other parts of the landscape, which, according to § 6, register the nature conservation body as an important landscape element, in particular wetlands, steppe lawns, draws, limits, permanent grassland, mineral sites and fossils, artificial and natural rock formations, source and unveils and territories in which nature is close to the recovery of damaged land according to the plan or documentation referred to in § 4 (6). They may also include valuable areas of grassland, including historical gardens and parks,
(c) a wild plant (hereinafter referred to as "the plant") is an individual or colony of plant species, including fungi, whose populations are kept in the wild spontaneously. The plant is all its underground and above-ground parts, seeds or other development stages and parts thereof,
(d) the wild animal ("the animal") is an individual of an animal species whose population is kept in the wild spontaneously, including an individual bred in human care released in accordance with legislation. The animal means all development stages of the individual. The wild population of a domesticated species shall not be considered as a wild animal,
(e) the animal bred in human care is an individual of an animal species born and bred in a controlled environment (1) as a descendant of parents acquired in accordance with this Act and the legislation in the field of trafficking in endangered species (1a);
(f) a rescue station is a facility providing comprehensive care for all animals temporarily unable to survive in the wild in order to return them to the wild, providing, where appropriate and appropriate in view of their health, adequate long-term care, information on the causes of the threats and the appropriate ways of protecting the animals and may cooperate in the implementation of measures to prevent the injury or mortality of the animals,
(g) the animal or plant species is also a systematic unit of a lower order;
(h) the specially protected part of nature is a very significant or unique part of living or inanimate nature; it may be a part of the landscape, geological formation, tree, animal, plant and mineral, declared for special protection by a State authority under Part Three or Five of this Act,
(i) the wood growing outside the forest (hereinafter referred to as "wood") is a tree or bush growing individually in groups in the open land and in the residential areas on land outside forest land, 1b)
(j) paleontological finding is a matter which is an important evidence or remnant of life in the geological past and its development up to now;
(k) the biotope is a set of all non-living and living factors that in interaction create the environment of a particular individual, species, population, communities. Biotop is a local environment that meets the requirements of plant and animal species,
(l) the ecosystem is a functional system of living and inanimate environmental components which are interconnected by the exchange of substances, energy flows and the transmission of information and which interact and develop within a certain space and time;
m) the landscape is a part of the earth's surface with a characteristic relief, consisting of a set of functionally interconnected ecosystems and civilisation elements,
(n) the natural habitat is a natural or semi-natural land or water area defined on the basis of geographical characteristics and characteristics of living and inanimate nature;
(o) natural habitats in the interest of the European Communities (hereinafter referred to as "European habitats") are natural habitats in the European territory of the Member States of the European Communities of those types which are threatened by disappearance on their natural site of enlargement or have a small natural area of enlargement due to their retreat or their natural characteristics or constitute exceptional examples of typical characteristics of one or more of the biogeographical regions and which are laid down by the legislation of the European Communities; (1d) priority shall be given to those types of European habitats which are at risk of disappearance in the European territory of the Member States of the European Communities, for which the European Communities have special responsibility and which are laid down in European Community legislation, 1g)
(p) species in the interest of the European Communities (hereinafter referred to as "European significant species") are species in the European territory of the Member States of the European Communities which are at risk, vulnerable, rare or endemic and which are laid down in the legislation of the European Communities; (e) priority shall be given to European important species requiring specific territorial protection, for which the European Communities have special responsibility and which are laid down in European Community legislation, 1f)
(q) A European site is a site requiring special territorial protection (1g) and meeting the conditions laid down in Article 45a (1) which:
1. has been 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 Community1g) requiring territorial protection ("the national list") until it is included in the list of sites of European Community importance ("the European list"),
2. fulfils the conditions for inclusion in the national list but has not been included there and includes a priority type of natural habitat or a priority species, and the inclusion of which in the European list is discussed with the European Commission ("the Commission") until the Czech Republic has agreed to include or not to include a site with the Commission or in a decision of the Council of the European Union ("the disputed site"); or
3. has been included in the European List;
(r) Natura 20001g) is a whole European system of territory with a set degree of protection, which allows the conservation of the types of European habitats (1d) and habitats (1f) in their natural area of enlargement in a state favourable to protection or, where appropriate, to restore this status. In the Czech Republic, Natura 2000 consists of defined bird areas and declared European sites,
(s) the conservation status of the natural habitat shall be considered as "favourable" if its natural area of extension and the areas covered by it are stable or increasing and the specific structure and functions necessary for its long-term conservation exist and are likely to continue to exist in the foreseeable future and the conservation status of its typical species is favourable;
(t) the conservation status of a species is considered to be "favourable" if data on population dynamics of the species concerned indicate that it is maintained as a viable element of its natural habitat in the long term, and the natural area of the species is not and is unlikely to be restricted in the foreseeable future, and there are, and likely to continue to be, sufficiently large habitats for the long term to maintain its stocks;
(u) the integrity of the European site or bird area is understood to mean the coherence of the ecological structures and functions of the European site or bird area assessed in relation to the subjects of their protection;
(v) breeding is any holding of an animal in captivity;
(w) nature by the nearby extraction of damaged territory means the restoration of naturally valuable ecosystems in a territory disturbed by the extraction of the territory by the conservation of the territory by spontaneous development, or by sensitive interventions to guide such development to a favourable degree for specially protected species of organisms.
(2) Types of European habitats and European significant species present in the Czech Republic are defined by the Ministry of the Environment by implementing legislation. For European species, they shall indicate those which require specific territorial protection under European Community legislation. 1f)

ČÁST DRUHÁ

GENERAL PROTECTION OF NATURE AND COUNTRIES

HLAVA PRVNÍ

GENERAL TERRITORIAL AND SECOND PROTECTION OF NATURAL AND COUNTERPARTY PROTECTION, WOOD PROTECTION, FEATURES AND PALEONOLOGICAL FINES
§ 4
Basic obligations for general nature conservation
(1) The definition of the environmental stability system ensuring the conservation and reproduction of natural resources, favourable effects on the surrounding less stable parts of the landscape and the creation of foundations for the multilateral use of the landscape is laid down and evaluated by the spatial planning and conservation authorities in cooperation with the authorities of the water management, the protection of the agricultural land fund and the state management of the forestry sector. Protection of the environmental stability system shall be the responsibility of all owners and users of land forming its basis; its creation is a public interest in which the owners of the land, the municipality and the State participate. Details of the definition and assessment of the environmental stability system and details of plans, projects and measures in the process of its creation shall be laid down by the Ministry of the Environment by decree.
(2) Important landscape elements are protected from damage and destruction. They are only used in such a way as not to interfere with their recovery and not to endanger or weaken their stability function. Interventions which could lead to damage or destruction of a significant landscape element or to the threat or weakening of its eco-stabilization function shall be subject to the consent of the nature conservation authority. Such interventions include, in particular, the placement of buildings, land treatment, changes in the type or manner of land use, the construction of forest roads, the construction of forest melioration systems, the drainage of land, the treatment of watercourses and tanks and mineral mining. Details of the protection of significant landscape elements are laid down by the Ministry of the Environment by decree.
(3) The assent of the nature conservation authority in the light of this Act is also necessary for the approval of forest economic plans and the protocol transmission of the forest economic curriculum (2). The approval of the nature conservation authority referred to in paragraph 2 shall not be required for crop and mining interventions in forests carried out in accordance with an approved forest economic plan or protocol taken over by the forest economic curriculum and in the event of accidental mining. The consent to approve forest economic plans and the protocol transmission of forest economic curricula shall be issued at the request of the competent authority of the state administration of the forests. Consent issued within 60 days of receipt of the request to the competent nature conservation authority shall not be taken into account. If the owner (3a) asks for preliminary information pursuant to Paragraph 90 (23) on the conditions for consent to the forest economic plan, the competent authority shall, as a general rule, provide this information at the date of the basic investigation, no later than 60 days after receipt of the request.
(4) The Nature Protection Authority shall, in the context of the consent procedure referred to in paragraph 3, examine the interests covered by Parts Two to Five of this Act. The proposed use of non-indigenous species of timber within forest plans and forest economic curricula shall be assessed in such a way as to avoid damage to natural habitats at their natural site of distribution or to indigenous plant or animal species; in the case of blue larch and douglasky tisolisti, their use in forests outside the territory protected under Part Three or Four of this Act is governed by other legislation21c).
(5) In the context of the consent procedure referred to in paragraph 3, the Nature Protection Authority shall also carry out an evaluation of the consequences of forest economic plans and forest economic curricula for European sites or bird areas. The nature conservation authority shall not consent to the approval of forest economic plans and the protocol transmission of forest economic curricula if they have a significant negative impact on the favourable status of the object of protection of a European major site or bird area. In other cases, the nature conservation authority shall give its consent. The consent to approve forest economic plans and the protocol transmission of forest economic curricula shall replace the reasoned opinion referred to in Article 45i (1). The Environmental Impact Assessment Act (3b) shall not apply to the procedure for assessing the consequences of forest economic plans and forest economic curricula.
(6) In order to determine the mining area, permit mining activity, permit the extraction of the bearing of non-reserved mineral or permit the disposal of mining works and quarries, the consent of the nature conservation authority is necessary. When issuing consent according to the first sentence, as well as in other procedures and in issuing further opinions pursuant to this Act, when they concern mining activities and the remediation and reclamation of land after mining activities, nature conservation authorities shall examine the possibilities of reclamation of the territory by the nearby recovery of the damaged territory and, where possible and effective, promote such renewal in their decisions and opinions. By mining damaged areas where nature is close to recovery, the nature conservation authority shall register as an important landscape element.
§ 5
General protection of plants and animals
(1) All species of plants and animals are protected against destruction, damage, collection or capture which leads or could lead to a threat to these species to being or to degeneration, to the destruction of species' reproductive capabilities, the destruction of the population of species or the destruction of the ecosystem of which they are part. In breach of these conditions, the nature conservation authority shall be entitled to restrict the disruptive activity by setting binding conditions.
(2) The protection referred to in paragraph 1 shall not apply to invasive non-indigenous species and non-indigenous species for which the control measures provided for in paragraph 6 have been laid down and to plant and animal control interventions provided for in specific provisions. 4) The endangered or rare species of animals and plants are particularly protected in accordance with § 48 to 50 of this Act.
(3) Natural and legal persons are required to proceed in the course of agricultural and forestry work, in the planning, implementation and use of buildings, in the field of landscaping, in the water, in the transport and energy sector in such a way as to avoid unnecessary plant mortality, injury or mortality of animals or destruction of their habitats, including disruption of animal migration routes which can be prevented by technically and economically available means. The nature conservation authority shall impose the provision or use of such means, unless the obligor does so himself.
(4) The deliberate spread of non-indigenous species into the countryside is possible only with the permission of the nature conservation authority; This does not apply to non-indigenous plant species, provided that they are managed in accordance with an approved forest plan or forest owner, taken over by the forest economic curriculum, if they are planted in the established territory of the municipality and when using selected non-native species provided for by a government decree issued under the Fisher54. The validity of authorisations for the deliberate distribution of non-indigenous species to the landscape shall cease to be valid by inclusion of the species in the Union list.
(5) The deliberate spread into the countryside of a cross-breed of plant or animal species ("the cross-breed ') is only possible with the permission of nature conservation authorities; This does not apply to cross-breeds of plant species when planted in the built-up territory of the municipality.
(6) The nature conservation authority may provide for measures to regulate non-indigenous species or cross-breeds, if this is necessary in view of local impacts on nature and landscape. The measures to regulate the non-indigenous species or cross-breeds shall also lay down the conditions for its implementation. The measures to regulate the non-indigenous species or cross-breeds are without prejudice to the measure provided for under another legislation (55).
(7) For the purposes of the authorisation referred to in paragraph 4 or 5, or of the provision of measures to regulate non-originating species or cross-breeds referred to in paragraph 6, the nature conservation authority shall seek a binding opinion from the competent authority under another legislature56, where the authorisation or measure provided for may be affected by interests in forestry, hunting or fishing.
(8) The arrangements for the control of non-originating species or cross-breeds referred to in paragraph 6 shall be carried out in the course of the routine care of the plot by its tenant or other user, the user of the hunt or fishing area (hereinafter referred to as the "user of the plot '). In the absence of such a user of the land, the owner of the land shall be responsible for the implementation of the control measures of the non-indigenous species or of the hybrid referred to in paragraph 6. If the user of the land, or its owner, fails to implement the measures to regulate the non-originating species or cross-breeds referred to in paragraph 6, if he does not carry out them in accordance with the conditions laid down, if he is unable to ensure that such measures are implemented, if he cannot reasonably request or require that such measures be implemented in excess of the normal treatment of the land, the nature conservation authority may ensure that such measures are implemented; Paragraph 68 (4) shall apply mutatis mutandis.
(9) Where the implementation of a measure to regulate a non-indigenous species or a hybrid as referred to in paragraph 6 requires an activity in excess of the normal care of the land, the nature authority may, in order to ensure the implementation of the measure to regulate a non-indigenous species or a hybrid as referred to in paragraph 6, conclude a written agreement with the owner of the land or, where appropriate, its owner, pursuant to Article 68 (2).
(10) The export and import of endangered plants and animals protected by the international conventions by which the Czech Republic is bound (hereinafter referred to as "the international conventions") are authorised by the nature conservation authority, with the exception of the export and import of endangered species of wild fauna and flora, which is regulated by a specific regulation. (4a)
(11) Any person who has taken on an animal unable to survive temporarily or permanently in the wild as a result of an injury, illness or other circumstances shall provide the necessary treatment or shall transmit it to the operator of the rescue station. If an animal temporarily unable to survive in the wild is involved, the person who took it shall take measures to prevent physical changes or behavioural changes which would subsequently prevent its return to nature and its involvement in the wild population. If it is a specially protected animal, the procedure laid down in Paragraph 52 (2) shall be followed.
(12) The rescue station may be operated only on the basis of a decision of the Ministry of the Environment to permit the operation of the rescue station, within which the location of the rescue station is determined, its territorial scope and the extent of care that the rescue station may provide with regard to its equipment and expertise. The application for authorisation to operate a rescue station shall propose the scope of the care provided, the definition of territorial scope and describe its personnel, organisational and technical reinsurance. The Ministry of the Environment shall seek the opinion of the local competent authority for the protection of animals, hunting and veterinary services (4b) for the decision. The designation "rescue station 'may only be used by those who hold a valid permit to operate the station under this provision (" rescue station operator'). The Ministry of the Environment shall keep an overview of the rescue stations and publish it in a way that allows remote access.
(13) The Ministry of the Environment may, on its own initiative, on a proposal from the emergency station operator or on a proposal from the authority referred to in paragraph 12, amend or revoke the authorisation to operate a rescue station if the conditions under which the authorisation was granted have changed or ceased to exist, or if the operator of the rescue station seriously or repeatedly infringes the provisions of this Act on specific protection of species or regulations on the protection of animals against abuse. In the decision to amend or revoke the permit to operate a rescue station, the Ministry of the Environment shall, if necessary, provide for the provision of further care for animals kept in a rescue station.
(14) The Ministry of the Environment shall lay down by means of implementing legislation detailed conditions for keeping animals in rescue stations, in particular with regard to the possibility of involving these animals back in wild populations and the manner in which they are treated.
§ 5a
Protection of wild birds
(1) In order to protect species of birds living freely in the European territory of the Member States of the European Communities (hereinafter referred to as "birds"), it is prohibited to:
(a) their intended killing or capture by any means;
(b) intentionally damaging or destroying their nests and eggs or removing their nests;
(c) the collection and possession of their eggs in the wild, including empty eggs;
(d) the deliberate disturbance of these birds, in particular during the breeding and rearing of young birds, in so far as it would be significant in terms of the objectives of the Birds Directive, 4c)
(e) the holding of bird species the hunting and catching of which are prohibited.
(2) The sale, transport for sale, holding and breeding for sale and offering for sale of live or dead birds and any readily identifiable parts of birds or bird products are prohibited.
(3) Those who hold, breed, transport, exchange or offer such birds subject to prohibition for sale or exchange shall be obliged to prove their legal origin and identity at the request of the nature conservation authority or nature guard. The proof of origin shall be treated mutatis mutandis in accordance with Section 54.
(4) The provisions of paragraph 1 (a) and (e) shall not apply to the fishing of certain species of birds as defined and carried out in accordance with the rules on hunting and that act. The provisions of paragraph 1 (e) and paragraph 2 shall not apply to the rearing of game birds which may be fished. A list of these species shall be established by the Ministry of the Environment in agreement with the Ministry of Agriculture by implementing legislation.
(5) Anyone who builds or reconstructs high-voltage overhead lines is obliged to provide them with protective devices to effectively prevent the killing of birds by electrocution.
(6) The provisions of this provision and of Section 5b shall apply to specially protected bird species in accordance with Section 48 only if they are not subject to stricter protection, in accordance with Sections 50 to 57 or under a special law. (4a)
§ 5b
Conditions for the derogation procedure for the protection of birds
(1) The Nature Protection Authority may, if there is no other satisfactory solution, provide for a procedure derogating from the procedure set out in Article 5a (1) and (2), where this is necessary in the interests of public health or public safety, in the interests of air safety, in the prevention of serious damage to crops, domestic animals, forests, fisheries and water management, or in order to protect wild fauna and flora. A derogation may also be provided for the purposes of research and teaching, resettlement of a particular territory of populations of a species or reintroduction of a species in its original enlargement zone or for breeding in human care for that purpose.
(2) The nature conservation authority may provide for the derogation provided for in paragraph 1 for the small quantity of birds to be caught, held or otherwise used, provided that the decision on the derogation is taken only on the basis of an assessment of the local population and under strict control conditions.
(3) The decision referred to in paragraph 1 shall include:
(a) the species and quantities of birds to be covered by the derogation procedure;
(b) the means, method or methods permitted for capture or killing;
(c) the reason for the derogation based on paragraph 1 or 2, the conditions and time and local circumstances under which such action may be carried out;
(d) the method of checks to be carried out by the nature conservation authority providing for a derogation procedure.
(4) In the event that the derogation procedure concerns an unspecified circle of persons, the nature conservation authority shall establish it by means of measures of a general nature which shall include the particulars referred to in paragraph 3 (a) to (d) and the conditions under which the derogation procedure may be applied.
(5) Those who carry out the activities provided for in paragraph 1 or 4 shall, by 31 December of each year, report to the nature conservation authority an intervention carried out under a derogation procedure. The nature conservation authority shall immediately inform the Ministry of the Environment thereof by means of a species protection register.
§ 6
Registration of significant landscape elements
(1) The decision to register a significant landscape element is issued by the nature protection authority. The party to the proceedings shall be the owner of the land concerned. The marketing authorisation shall also be notified to the tenants of the land concerned, to the competent building office, to the zoning office and to the municipality.
(2) The decision referred to in paragraph 1 shall, in addition to the formalities laid down in the general rules on administrative management (4b), always indicate the definition of an important landscape element and the lessons learned about the legal consequences of registration (§ 4 (2)).
(3) The decision referred to in paragraph 1 may be revoked by the authority which has decided to register only in the case of public interest.
§ 7
Wood protection
(1) The wood is protected under this provision against damage and destruction, unless it is subject to more stringent protection (Sections 46 and 48) or protection under specific regulations. 5)
(2) The protection provided for in paragraph 1 shall not apply to non-indigenous species of timber in the implementation of measures to regulate them pursuant to § 5 (6) and to invasive non-indigenous species in felling and other interventions necessary to prevent or restrict their spread under § 13d to 13l. Furthermore, the protection provided for in paragraph 1 shall not apply to cases of felling carried out in the context of official measures or exceptional plant health measures to prevent the spread or extinction of harmful plant organisms under the Plant Health Act 57).
(3) Wood management, in particular treatment and maintenance, is the responsibility of owners. In case of epizootic or other serious diseases of wood, the nature conservation authority may require owners to carry out the necessary interventions, including felling.
§ 8
Authorisation to cut wood
(1) The authorisation of the nature conservation authority is necessary for the felling of timber, unless otherwise specified. Authorisations may be issued for serious reasons after evaluation of the functional and aesthetic importance of the trees. A permit to cut down timber on road parcels may be issued by the Nature Protection Authority only after agreement with the Road Administration Office (6).
(2) The authorisation is not necessary for the felling of timber for reasons of cultivation, for the purpose of restoring the crops or for the purpose of conducting the breeding process of crops, for the maintenance of shore crops carried out in the management of watercourses, for the removal of timber in the protection zone of the electricity and gas systems operated in the operation of these systems, for the removal of timber in the protection zone of the heat energy distribution facilities carried out in the operation of such plants, for the purpose of ensuring the operation of the railway track or for the provision of smooth and safe railway transport on this railway (b) and for health reasons, unless otherwise provided in this Act. For these reasons, the felling shall be notified in writing at least 15 days in advance to the nature conservation authority, which may suspend, restrict or prohibit it if it contravenes the requirements for the protection of timber; in the case of the removal of timber in order to ensure the operability of the railway track or to ensure smooth and safe railway transport on that track, it may do so only on the basis of a binding opinion of the railway administration.
(3) Authorisations shall not be required to cut down timber with a specified size or other characteristics. This size or other characteristics shall be determined by the Ministry of the Environment by means of a generally binding legislation.
(4) Authorisations do not need to be cut down if life or health is likely and imminent or if there is damage to a significant extent. Those who undertake felling under these conditions shall notify the nature conservation authority within 15 days of the felling.
(5) The Ministry of the Environment sets out by implementing legislation illegal interference in timber which is contrary to the requirements for their protection, the particulars of the application for authorisation for the felling of timber growing outside the forest, the particulars of the notification of felling of timber and the period during which felling is normally carried out.
§ 9
Replacement and levies
(1) The nature conservation authority may, in its decision to authorise the felling of timber, impose on the applicant adequate replacement planting to compensate for the environmental damage caused by felling of timber. At the same time, it may impose the following care on timber for the necessary period, but not more than five years.
(2) The replacement planting referred to in paragraph 1 may be carried out on land not owned by the applicant for felling only with the prior consent of the owner. The municipalities shall keep an overview of the land suitable for replacement planting in their territorial district after prior consultation with the owner.
(3) If the nature conservation authority does not impose a replacement planting as referred to in paragraph 1, he who is obliged to pay the contribution to the budget of the municipality which uses it to improve the environment for construction purposes and with the permission of the nature conservation authority. He who has been illegally cutting timber is obliged to pay the levy to the Czech State Environmental Fund. 7) The amount of the contributions, the conditions for their storage and any waivers shall be laid down in a separate law.
(4) At the same time, by ensuring the replacement planting referred to in paragraph 1 or by paying the levy referred to in paragraph 3, the obligation of the replacement measure provided for in Paragraph 86 (2) and the compensation for environmental damage shall be fulfilled. 8)
§ 10
Protection and use of caves
(1) Caves are underground spaces created by the action of natural forces, including their fillings and natural phenomena in them.
(2) It is prohibited to destroy, damage or modify caves or otherwise alter their preserved state. Exemptions from this prohibition may be granted by the Nature Protection Authority only where it is in the interests of the protection of the cave or where the other public interest protected by this or other law significantly outweighs the interest in the protection of caves.
(3) For the exploration or research of the cave, permission of the nature conservation authority is required. Authorisations do not need persons authorised by the nature conservation authority to carry out monitoring or inventory, as well as persons in the exercise of state administration, police, persons in the defence of the state and persons in the provision of veterinary care, rescue services or water flow management.
(4) The same protection provided for in paragraphs 2 and 3 as caves shall also be enjoyed by natural phenomena on the surface (for example, beauty sinks, scrapings, dives and herbicides) associated with caves.
(5) The discovery of a cave in mining minerals or in carrying out geological work is required to notify the nature conservation authority without delay. The person authorised to conquer shall also be obliged for as long as necessary, unless the safety and health at work is compromised, to stop the mining activities which could damage the cave found, and to ensure the documentation of the cave at their expense. The documentation shall be transmitted to the nature conservation authority. The content and scope of the documentation shall be determined by the Ministry of the Environment by decree.
§ 11
Protection of paleontological findings
(1) Those who make a paleontological finding which they recognise themselves shall ensure that it is protected against destruction, damage or theft and shall provide it with information on the circumstances of the finding, in particular the location of the finding. In addition, it shall be obliged to communicate in writing the information on the finding made and to allow access and documentation of that finding to persons authorised by the nature conservation authority.
(2) The owner of the land on which the paleontology finding was made, or of the person carrying out the activities in which the finding took place, is obliged, at the request of the nature conservation authority, to allow the persons responsible for carrying out the rescue paleontology research and for the duration of that investigation, but not more than eight days after the notification of the finding, to refrain from, at the place of the finding, any activity which could lead to its destruction or damage. After the completion of the rescue paleontology research, persons authorised by the nature conservation authority shall be allowed to carry out expert paleontological supervision of other work.
(3) Exports of paleontological findings are permitted only with the consent of the nature conservation authority.
§ 12
Protection of landscape and nature park
(1) Landscape character, which is in particular a natural, cultural and historical characteristic of a particular site or area, is protected from activities that reduce its aesthetic and natural value. Intervention into the landscape, in particular the placing and authorisation of buildings, may be carried out only with a view to preserving important landscape elements, especially protected areas, cultural dominance of the landscape, harmonious scale and landscape relations.
(2) The approval of the nature conservation authority is necessary for the placing and authorisation of buildings and other activities which could reduce or alter the landscape. Details of landscape conservation may be laid down by the Ministry of the Environment by a generally binding legislation.
(3) In order to protect a landscape character with significant concentrated aesthetic and natural values, which is not particularly protected under Part Three of this Act, the Nature Protection Authority may establish a generally binding legislation on the natural park and provide for restrictions on the use of land which would result in destruction, damage or interference with the state of the territory.
(4) Landscape features shall not be assessed in the built-up territory and in the built-up areas for which the spatial plan or regulatory plan provides for the area and spatial layout and the conditions of protection of landscape character agreed with the nature conservation authority 9a). In addition, the landscape character shall not be assessed in cases of placement and authorisation of antenna masts, including antennas of radio equipment or radio directional links of the public communications network and related electronic communication equipment, where they reach a height of not more than 50 metres and serve to fulfil the conditions under Section 22 (2) (c) of the Electronic Communications Act (69).
§ 13
Transitional protected areas
(1) Territories with a temporary or unforeseen presence of significant plant or animal species, minerals or palaeontological findings may declare the conservation authority of a general nature as a temporary protected area. The transitional area may also be declared for other serious reasons, in particular scientific, study or information. The transitional protected area shall be declared for a predetermined period or, where appropriate, for a repeated period such as nesting period. A measure of a general nature concerning its publication shall restrict the use of the territory which would result in the destruction, damage or disruption of the subject-matter of protection.
(2) Where damage is not negligible to the owner or lessee of the land due to the protection conditions of the temporarily protected area, it shall, at his request, be liable for financial compensation from the nature conservation authority which has declared the temporary protected area. When deciding on the amount of the financial compensation, the nature conservation authority may require supporting documents or data on the land yield.

HLAVA DRUHÁ

USE OF FOREIGN AND LOCAL INNOVATION SPECIES IN ACQUACULTURE AND PROTECTION OF NATURAL AND COUNTRIES BEFORE INVESTMENT NON-ORIGINATING SPECIES

Díl 1

Use of alien and locally absent species in aquaculture
§ 13a
(1) The application referred to in Article 6 of Council Regulation (EC) No 708 / 2007 for authorisation to move alien or locally absent species ("movement") shall be submitted by the applicant to the Nature Protection Authority.
(2) For the purposes of issuing a transfer permit, the nature conservation authority shall request the application referred to in paragraph 1:
(a) the observations referred to in Articles 6 (2) and 7 of Council Regulation (EC) No 708 / 2007 from the Joint Interministerial Commission on non-indigenous and invasive non-indigenous species (the Joint Commission),
(b) an opinion on the duration of the monitoring period referred to in Article 18 (2) of Council Regulation (EC) No 708 / 2007 from the Joint Commission; and
(c) a binding opinion from the Regional Veterinary Administration and the Central Audit and Examination Institute on whether the requirements of Article 13 or 19 of Council Regulation (EC) No 708 / 2007 are met in view of its compliance with other legislation58).
(3) In the event of exceptional movements, the nature conservation authority shall set a time limit within which the applicant is required to submit an environmental risk assessment prepared in accordance with Article 9 (1) of Regulation (EC) No 708 / 2007. The costs of the environmental risk assessment shall be borne by the applicant. For the submitted environmental risk assessment, the nature protection authority shall request the opinion of the Joint Commission on the risk to the environment prepared in accordance with Annex II to Council Regulation (EC) No 708 / 2007. Where the risk associated with the proposed exceptional movement is based on the opinion of a joint commission of medium or high, the joint committee shall propose measures to mitigate it. The proposed risk mitigation measures shall be laid down by the Nature Protection Authority as a condition for authorising exceptional movements. Pending the submission of the environmental risk assessment and the statement of the Joint Commission, the nature conservation authority may suspend the application procedure.
(4) The Nature Protection Authority shall decide, on the basis of a binding opinion from the Regional Veterinary Administration or the Central Audit and Examination Institute of the Agricultural Institute referred to in paragraph 2 (c), to carry out the experimental release. In the decision to carry out the experimental release, the nature conservation authority shall determine the duration of the monitoring in accordance with Article 18 (1) of Council Regulation (EC) No 708 / 2007 and designate the person responsible for the monitoring. The permit for movement shall be decided by the nature conservation authority on the basis of the results of the experimental release. The opinion of the Joint Commission referred to in Article 18 (3) of Council Regulation (EC) No 708 / 2007, which shall be published by means of the generic protection register, shall also be the basis for the decision of the nature authority.
(5) The nature conservation authority may also decide to carry out the experimental release on the basis of the opinion of the Joint Commission, provided that it is not contrary to the binding opinion of the Regional Veterinary Administration or the Central Control and Examination Institute of Agricultural.
(6) In the decision to carry out the experimental release or to authorise the exceptional movement, the nature conservation authority shall determine the duration of the quarantine. The placing in quarantine of a foreign or locally absent species in aquaculture may also be imposed by the nature conservation authority as a condition of authorisation in the case of routine movements in accordance with Article 8 of Council Regulation (EC) No 708 / 2007, on the basis of the opinion of the Joint Commission.
(7) In the case of exceptional movements and experimental deletion, the applicant shall also submit to the nature conservation authority for approval an contingency plan prepared in accordance with Article 17 of Council Regulation (EC) No 708 / 2007. The opinion on the approval of the contingency plan shall form part of the authorisation for the exceptional movement and the decision to carry out the experimental release. The Ministry of the Environment shall determine the formalities and manner in which the contingency plan is to be processed by means of implementing legislation.
§ 13b
(1) The nature conservation authority shall decide on the application within the time limit referred to in Article 10 (1) of Council Regulation (EC) No 708 / 2007.
(2) In the case of a movement with a possible impact on the neighbouring Member State of the European Union which, on the basis of the binding opinion of the Regional Veterinary Administration and the Central Control and Examination Institute of Agricultural Affairs referred to in Article 13a (2) (c) and the statement of the Joint Commission, may be authorised, the Nature Protection Authority shall forward a request for a decision to the Ministry of the Environment, which shall ensure that the proposed movement is discussed with the competent authorities of the Member States of the European Union concerned and the Commission in accordance with the procedure referred to in Article 11 of Council Regulation (EC) No 708 / 2007. The Ministry of the Environment shall suspend the application procedure until the Commission has expressed its views.
§ 13c
(1) The implementation of the measures against the adverse effects of the movement referred to in Article 4 (1) of Council Regulation (EC) No 708 / 2007 shall be ensured by those using alien or locally absent species in aquaculture. If they do not do so, the nature conservation authority shall call on it to remedy it and, if necessary, impose a decision on the implementation of the measures.
(2) Where the facts referred to in Article 12 of Council Regulation (EC) No 708 / 2007 arise, the nature conservation authority shall revoke the permit issued.
(3) For the purposes of the decision referred to in paragraph 1 or 2, the nature conservation authority shall seek a binding opinion from the State Fisheries Authority under the Fisheries Act (59).
(4) The validity of the movement permit shall cease to be valid by including the relevant foreign or locally absent species in aquaculture on the Union list.

Díl 2

Protection of nature and landscape from invasive non-indigenous species
§ 13d
Use of invasive non-indigenous species on the Union list
(1) Authorisation for the use of invasive non-indigenous species having a significant impact on the European Union, which has been included in the Union list ("invasive non-indigenous species on the Union list"), pursuant to Article 8 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, shall be issued by the Nature Protection Authority upon request. The application shall show that the activity for which the authorisation is to be issued complies with the conditions set out in Article 8 (2) and (3) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council. In accordance with Article 8 (2) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, the nature conservation authority shall determine in the authorisation the conditions for the use of invasive non-indigenous species; a statement on the approval of the contingency plan is also included in the authorisation. The Ministry of the Environment shall determine the formalities and manner in which the contingency plan is to be processed by means of implementing legislation.
(2) Authorisation for the use of invasive non-indigenous species on the Union list may also be granted to establishments using invasive non-indigenous species on the Union list for scientific production and subsequent treatment purposes within the meaning of Article 8 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.
(3) The nature conservation authority shall seek a binding opinion from the Regional Veterinary Administration or the Central Control and Examination Institute of Agriculture on the request for compliance with the conditions referred to in Article 8 (2) and (3) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.
(4) In the cases referred to in Article 9 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, the application must contain all the information required under Article 9 (4) of this Regulation. Where reasons are given and the conditions referred to in Article 9 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council are met, the nature conservation authority shall submit to the Commission an application for authorisation to carry out activities not referred to in Article 8 (1) of this Regulation. No authorisation may be granted by the Commission pursuant to Article 9 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council. Pending authorisation by the Commission, the nature conservation authority shall suspend the application procedure. The decision rejecting an application for authorisation pursuant to Article 9 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council on the grounds that no authorisation has been granted by the Commission shall not constitute an appeal under the administrative rules.
(5) Where the nature conservation authority is informed of the facts referred to in Article 8 (5) of Regulation (EU) No 1143 / 2014, it may revoke the authorisation.
(6) The nature conservation authority shall be authorised to carry out ongoing checks on an installation in which the exploitation of an invasive non-indigenous species takes place on the basis of an authorisation issued or on the basis of Article 31 or 32 of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, with regard to compliance with the conditions laid down in this Regulation or with the authorisation issued.
(7) The official controls provided for in Article 15 (2) and (3) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council are carried out by the customs authorities of the Czech Republic, the Regional Veterinary Administration and the Central Audit and Examination Institute of the Agricultural Institute; information on the results of official controls shall be transmitted to the generic protection register.
§ 13e
Emergency measures
(1) In the cases referred to in Article 10 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, the Government shall establish, amend and repeal emergency measures by means of a regulation. In the Regulation, the Government shall determine which of the restrictions referred to in Article 7 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council are to be applied, applied, and to what extent, against an invasive non-indigenous species the presence of which has been detected in the territory of the Czech Republic or the introduction or introduction of which is imminent in the territory of the Czech Republic. The Committee shall be responsible for establishing, amending or repealing emergency measures.
(2) Ministry of the Environment
(a) provide the Commission and the other Member States of the European Union with information on the emergency measures taken in the cases referred to in Article 10 (2) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council; and
(b) ensure that a risk assessment is carried out in accordance with Article 10 (3) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council.
§ 13f
Monitoring the occurrence and distribution of invasive alien species
Zobrazit všechna ustanovení (1706)

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Regulation Information

CitationAct of the Czech National Council No. 114 / 1992 Coll., on the Conservation of Nature and Landscape
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation25.03.1992
Effective from01.06.1992
Effective until-
Status Valid
The regulation text is for informational purposes only.

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