Act No. 115 / 2000 Coll.
Law on the provision of compensation for damage caused by selected specially protected animals
Valid
Law
Effective from 10.05.2000
115
THE LAW
of 5 April 2000
on the granting of compensation for damage caused by selected specially protected animals
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter
(1) This law provides for the provision of compensation for damage caused by selected specially protected animals (1) (hereinafter "the selected animal ') and compensation for damage caused in the years 2024, 2025 and 2026 by cormorant (Phalacrocorax carbo L.) on fish.
(2) Compensation for damage is granted by the State under the conditions, to the extent and in the manner laid down by this Law.
Definition of terms
For the purposes of this Act:
(a) defined domesticated animals, pigs, sheep, goats, poultry, equidae, rabbits, runners, camels and farmed game including deer;
(b) damage caused by a selected animal referred to in Article 3 to the life or health of a natural person or to the property of persons referred to in Article 4 (b) to (i) or damage caused by a cormorant of a large size in 2024, 2025 and 2026 on the property of persons referred to in Article 4 (d);
(c) an escaped animal of a wild animal held captive by a person who has escaped his holder;
(d) fish kept for farm purposes in ponds, (2) lats, fish hatcheries and nurseries, cages or trout farms; as well as fish in fishing areas,
(e) a closed building or facility or other secure premises for grazing, rearing and housing specified domesticated animals.
Selected animals
Selected animals are
(a) beaver (Castor fiber L.),
(b) river otter (Lutra lutra L.),
(c) Alces alces L.,
(d) brown bear (Ursus arctos L.),
(e) lynx lynx L.,
(f) wolf (Canis lupus L.).
Subject matter of compensation
The damage caused by the selected animal or cormorant in the years 2024, 2025 and 2026 is replaced by
(a) life or health of a natural person, 3)
(b) specified domesticated animals;
(c) dogs,
(d) fish;
(e) hives and apiculture establishments;
(f) non-harvested field crops;
(g) permanent crops;
(h) closed premises; or
(i) movable goods in closed buildings.
provided that the conditions laid down in this Law are fulfilled.
CONDITIONS OF THE INTENTION FOR THE REFUND OF INSTALLATION, THE SCOPE OF THE REFUND OF INSTALLATION AND THE APPLICATION OF THE APPLICATION OF THE INSTALLATION OF INSTALLATION
Conditions for entitlement to compensation
(1) Only damage caused by a selected animal on the territory of the Czech Republic shall be replaced if the conditions laid down in this Act are fulfilled and only if the selected animal was a particularly protected animal in accordance with specific legislation at the time of the damage. 1) In the event of damage to fish caused by a cormorant in the years 2024, 2025 and 2026, compliance with the condition that the animal was specifically protected under a specific legislation at the time of the damage is not required.
(2) There is no compensation under this law
(a) caused by or escaped from a selected animal kept in captivity;
(b) caused by the selected animal to a natural person within the framework of his employment relations as a work accident. 4)
(1) Compensation may only be granted if the injured party has taken the available and appropriate measures to prevent damage. This does not apply to cases where injury could not be reasonably predicted. Compensation for the damage caused to specified domesticated animals by the wolf may be granted only if the defined domesticated animals have been secured at the time of the damage at the time of the release and attack of the wolf in accordance with the technical and organisational requirements laid down by the Ministry of the Environment (hereinafter referred to as "the Ministry of Agriculture '), together with the Ministry of Agriculture by the Decree. In the event of damage to the shell, sheep or goat, compensation may be granted only if, at the time of the damage, they have been registered in accordance with the breeding law on the holding registered in the information system of the central register under the breeding law.
(2) Compensation for damage to fish may be granted only if the following additional conditions are met:
(a) the damage was caused by a great cormorant, or
(b) the damage was caused by a river otter, if it had been shown to be present at the time and place of the damage; If the damage was caused on fish in lats, hatcheries and nurseries, cages or trout farms, compensation shall be granted only if they have been fenced at the time of the damage and if necessary at the inflow and outflow of water provided by lattice grates to prevent the entry of the otter.
(3) Compensation for damage to field crops shall not be granted if they have not been harvested within the agri-technical time limits normal for the territory concerned. where field crops have not been harvested within the agrotechnical period due to special considerations (e.g. nature protection), compensation shall be granted.
(4) Compensation for damage to closed premises may be granted even if the damage was not caused directly by a selected specially protected animal, but was caused by defined domesticated animals as a result of an attack by a specially protected animal.
Scope of compensation
(1) In the event of damage caused by a selected animal to the health or life of a person, compensation shall be granted to the person to whom it belongs when he is injured and killed in accordance with the Civil Code, under the conditions and to the extent laid down in the Civil Code; the provisions of the Civil Code governing cash benefits shall not apply. The amount of compensation shall be determined by expert opinion.
(2) In the event of damage to specified domesticated animals, dogs, fish, bees and apiculture facilities, non-harvested field crops, permanent crops, enclosed objects or movable objects in closed premises, the amount of compensation shall be determined as a sum of the normal price of the item of compensation and other costs incurred in direct connection with the damage caused; the method of determining the normal price, the extent of the additional costs and the calculation of the total amount of compensation shall be determined by the Ministry by decree.
(3) Expert opinions or expert opinions may also be used to prove the amount of damage within the meaning of this Act. 7) The amount of damage to dogs and the amount of damage to fish caused by river otter or cormorant is always proven by expert judgement or expert opinion. The requirements of the expert opinion and qualification requirements for persons who process the expert opinion shall be laid down by the Ministry by decree.
(4) Indemnification in cases where expert or expert judgement is required to determine the amount of damage shall also include the cost of its acquisition. The cost of making an expert opinion to prove harm to the life and health of a person shall be borne at the level of the expert's remuneration charged under another legislature7). The cost of making an expert's or expert's report to prove the amount of damage to dogs and fish shall be paid at the level of the expert's remuneration charged under another legislature7) or the remuneration agreed for the processing of the expert's report, up to a maximum of CZK 5,000.
Application of claims for damages
(1) The injured party shall report the damage caused under this law to the competent authority of nature protection at the place where the damage occurred, 8)
(a) immediately after it has been established that the damage caused by the common wolf, the brown bear or the rind is present,
(b) not later than 30 days after the date of the finding of damage in other cases.
(2) The injured party requests compensation under this law from the regional authority responsible for the place where the damage occurred or from the Municipality of the capital of Prague if the damage occurred in the territory of the capital of Prague (hereinafter referred to as "the competent authority ').
(3) The request for compensation of the injured party shall be submitted to the competent authority:
(a) within two years at the latest from the occurrence of the damage, if it is to human life or health,
(b) within 30 days of the date on which he became aware of the damage and its amount, but not later than 31 March of the calendar year following that in which the damage occurred, in other cases.
(4) The date on which the application is deemed to have been submitted shall be the date on which the request of the injured party was received by the competent authority.
(5) If an application for compensation is not submitted to the competent authority within the time limits referred to in paragraph 3, the claim for compensation under this Act shall cease.
(1) The injured party requests compensation by the competent authority in writing, supported by the documents and supporting documents needed to assess the claim for compensation. Where an application is made for compensation for damage to the herd, sheep or goat, the injured party shall attach to the application an inventory statement from the central register information system maintained under the breeding law showing the condition immediately preceding the occurrence of the damage and indicating the animals on which the damage was caused; This is not the case if the damage was caused on animals not subject to registration in the central registration information system under the breeding law due to their age. The content of the application and the documents and supporting documents attached to the application shall be laid down by the Ministry by decree.
(2) If the application does not contain the required particulars or if the application is not accompanied by the prescribed documents and supporting documents, the competent authority shall invite the injured party to complete the missing information no later than 30 days after the date of receipt of the request. Within that period, the injured party may also specify the extent and amount of compensation he has requested. The competent authority may, for reasons of special consideration, extend that period on the basis of a request from the injured party.
(3) The competent authority may, in order to prove that the damage is caused and to prove the amount of the damage, invite the injured party, in case of doubt, to complete the documents and supporting documents submitted for the expert opinion and, where appropriate, the expert opinion, within a reasonable period of time determined by the competent authority. In addition, the competent authority shall be authorised to provide itself with an expert or expert opinion to assess the circumstances of the damage and its amount or to assess the expert or expert opinion submitted by the applicant.
(4) If the request of the injured party does not contain the prescribed information, the required documents and supporting documents have not been attached to it, nor have the prescribed particulars of the request been provided by the competent authority, as well as the prescribed or requested documents and supporting documents to the injured party, no compensation shall be granted to the injured party. This is without prejudice to the right of the injured party to claim compensation in court.
(1) Local authority responsible for the conservation of nature 8) shall carry out a local inquiry without delay, draw up a protocol and provide appropriate evidence. It shall forward the supporting documents to the competent authority without delay. In the event of damage caused by a brown bear, an islet and a common wolf, the local investigation shall be carried out without delay, in other cases within a reasonable period of time to verify the extent and causes of the damage and to ensure the necessary evidence.
(2) In the context of a local inquiry, the competent nature conservation authority shall investigate in particular the causes and circumstances of the damage, its extent and shall provide further necessary information, including an examination of the measures taken to prevent damage. In case of damage to livestock, the competent authority may, in case of doubt, request the veterinary certificate of the cause of death of the animal.
(3) The injured party shall be obliged to participate in the local inquiry in person or through his authorised representative, to allow the competent nature conservation authority, locally, access to the site of the damaged animal or object and to provide the necessary synergies and information on the circumstances of the damage and on the measures taken to prevent the damage. In the case of damage to livestock and where it is not possible to carry out a local inquiry before carrying out veterinary and rendering activities, the injured party shall be obliged to document the damage caused and its extent in such a way that there is no doubt as to its causes, circumstances and extent.
(4) The facts necessary for the assessment of the claim for damages shall be examined by the competent authority without delay upon receipt of the complete application. The assessment shall be based on the documents submitted and supporting documents proving the property rights and, where appropriate, other relations with the subject of compensation, on expert or expert opinions, on a medical report in the event of damage to life or health, on a veterinary certificate in the event of death of animals, as well as on opinions and on monitoring of selected animals provided by the Ministry or, where appropriate, by legal persons established by it.
(5) Where the competent authority finds that damage has been caused by a selected animal or a large cormorant, if the conditions laid down by this law are fulfilled and there is no doubt as to the damage suffered and the amount of damage claimed by it, the competent authority shall pay compensation to the injured party no later than 4 months from the date on which the request for compensation was received by the competent authority in the manner proposed by the injured party in its application. If the damage is not demonstrated or above, the competent authority shall not pay compensation.
(6) If the competent authority fails to pay the compensation within the period and under the conditions referred to in paragraph 3, the injured party may claim the compensation in accordance with this Law in court, not later than 1 year from the date on which the claim for compensation was received by the injured party.
(7) In proceedings before the court in respect of damages under this law, the regional authorities act on behalf of the state, and if there is damage arising in the territory of the capital of Prague, the Magistrate of the capital of Prague.
(8) If the court grants compensation, the competent authority shall pay the injured party the amount of compensation granted within a period specified by the final decision of the court.
(9) The areas defined by the Regional Office or the City of Prague under this Act are the exercise of the delegation.
PROVISIONS COMMON AND FINAL
(1) Unless otherwise provided, the legal relations provided for in this Act shall be governed by the Civil Code.
(2) The administrative rules do not apply to the procedure of the competent authorities under this Act. 10)
(3) If compensation has been granted under this law, compensation may not be granted under hunting legislation. 11) and vice versa.
(4) The funds for damages and the activities of the competent authorities under this Act shall be provided to the competent authorities from the State budget.
(1) Under this Act, compensation is granted after the date on which it becomes effective.
(2) The first claims for compensation may be applied at least 48 hours after the entry into force of this Act.
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) § 48 of Act No. 114 / 1992 Coll., on Nature and Landscape Protection.
2) Act No. 102 / 1963 Coll., on Fisheries, as amended.
3) Civil Code.
4) Labour law.
7) Act No. 254 / 2019 Coll., on experts, expert offices and expert institutes, as amended.
8) Act No. 114 / 1992 Coll., as amended.
10) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation), as amended by Act No. 29 / 2000 Coll.
11) For example Act No. 23 / 1962 Coll., on hunting, as amended.
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Regulation Information
| Citation | Act No. 115 / 2000 Coll., on the granting of compensation for damage caused by selected specially protected animals |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.05.2000 |
|---|---|
| Effective from | 10.05.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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