Act No. 12 / 1959 Coll.
Law amending and supplementing the Water Management Act
Valid
Effective from 14.03.1959
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12
Law
of 20 February 1959
amending and supplementing the Water Management Act
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 11 / 1955 Coll., on Water Management, is amended as follows:
1. Paragraph 4 (1) reads as follows:
"(1) Water distribution shall be carried out according to a plan drawn up by the Ministry of Energy and Water Management in cooperation with the central authorities and authorities involved; it shall be approved by the Government as part of the national economic development plan. ';
2. in § 8 (1) (a), the words "as referred to in § 6 and 7 (4)" shall be replaced by the words "as referred to in § 6 and 7."
3. Article 11, including the title, reads:
Use of riverbed flows and coastal land
(1) Land on which waters flow, and land in abandoned rigs, may be used without compensation by an organisation which is responsible for water flow management or water flow management, for the establishment, operation and maintenance of water works and equipment, for the implementation of water structures or for the implementation of water works and other water-related purposes. Where there is doubt as to whether such land is concerned and to what extent it is to be used, the water operator shall decide.
(2) The provision of the preceding paragraph shall be without prejudice to the obligation to require authorisation to carry out such work pursuant to Article 8 or the consent referred to in Article 10.
(3) An organisation which is responsible for the management of water flow and, where appropriate, water flow management, may use coastal land, where necessary, for the establishment, operation and maintenance of water works and equipment, for the implementation of water-based structures or for the implementation of water-based works and other water-based purposes. If there is no agreement between the owner (manager) or, where applicable, the user of these parcels, and the water management organisation or the water management organisation governing the land use and refund agreement, they shall be decided by the water authority in cooperation with the authorities concerned. In determining the amount of the refund, the water operator shall take into account the benefit of the owner (manager) or user from the adjustment made. For state socialist sector organisations, the rules on mutual compensation apply.
(4) The owners of coastal land shall be obliged, after the procedure has been carried out, to suffer the maintenance, removal or replanting of trees and shrubs without a refund on such land. The water-management authority may require owners of coastal land to remove their cargo without any claim for replacement of trees and shrubs, provided that the protection of shores and the undisturbed outflow of large waters so require.
(5) The extraction of sand, gravel, mud, excluding medicinal mud, boulders, etc., from riverbed streams, including weaned arms, and the removal of seabed and newly created islands in flows is possible only if the aquatic interests are not at risk. The Ministry of Energy and Water Management shall set out and determine the general conditions of the agreement with the central authorities involved and the competent authorities; in individual cases it gives its consent to the extraction of an organisation belonging to water management, which also lays down its more detailed conditions. The provisions of this paragraph shall be without prejudice to specific provisions governing the search and quarrying of reserved minerals. ';
4. Article 12, including the title, reads:
Water management and protection against pollution and temperature change
(1) Those who handle surface or groundwater in any way are obliged to take care of their natural state. These waters shall not be polluted or artificially altered in order not to suffer their quality, self-cleaning capacity and the possibility of being used for the purposes for which they are required. Water users are obliged to plan to remove the existing pollution of water by building the necessary cleaning plants, providing for the proper operation of such plants, the continuous implementation and compliance with measures in production technology to reduce impurities in waste water, the appropriate deployment of production facilities, as well as compliance with the conditions laid down by the competent water management authority for the protection of water purity.
(2) Water protection also includes the care of springs, trough streams, tanks, wells and other facilities for the reception of groundwater.
(3) Where actions in breach of these obligations occur, the water operator shall decide on the method of correction. To the extent and under conditions laid down by the Government, water authorities may also impose property sanctions on water polluters for the breach of these obligations. '
5. Paragraph 13, including the title, reads:
Protection against harmful effects of specific types of water
(1) Surface water and groundwater should be protected against the harmful effects of certain specific types of water, in particular radioactive waters, salt waters, mining and mixed ground oils, by measures already taken in the plant from which such water flows. The same applies to used and unused waste water from spa and local facilities.
(2) In agreement with the Ministry of Agriculture and Forestry and with the other central authorities involved, the Ministry of Energy and Water shall lay down general conditions for the protection of surface and groundwater. "
6. In Paragraph 14 (3), the words "water management authority 'are replaced by the words" water management organisation (§ 17)'.
7. Paragraph 15, including the title, reads:
Measures to improve water management
The owners and users of land in the river basin are obliged to manage them in such a way as to contribute to improving outflow conditions, maintaining soil water, improving groundwater conditions and protecting against erosion. The details, in particular as regards the definition of the parcels concerned, the manner in which they are adapted and managed, shall be adapted by the Ministry of Agriculture and Forestry in agreement with the Ministry of Energy and Water or by another competent central authority in agreement with those ministries in accordance with the principles of the State Water Plan and in accordance with the State Plan for the Development of the National Economy in the Field of Agricultural and Forestry. ';
8. Article 16, including the title, reads:
Water authorities
(1) The water authorities under this Act are:
(a) Ministry of Energy and Water and Water Management in Slovakia;
(b) the executive bodies of the national committees.
(2) The management of the water management in Slovakia, headed by the President appointed by the Board of Authors, is subordinate to the responsibility for agriculture and forestry. "
9.
Water management organisations
(1) The Ministry of Energy and Water shall ensure that tasks are carried out in the development of water management and in the construction, operation and maintenance of water works and equipment by water management organisations, either directly or managed by the executive bodies of the national committees.
(2) The Minister for Energy and Water and the Regional National Committees may, following the opinion of the Minister for Finance, set up, as a separate legal entity, to carry out tasks in the development of the water economy and in the construction, operation and maintenance of water works and equipment of the water management organisation. If the Water Organisation is established by the Regional National Committee, it shall also request the opinion of the Minister for Energy and Water before it is established.
(3) The legal situation, organisation and activity of water management organisations will further adapt the statutes issued by the Minister for Energy and Water and, in the case of water management organisations established by regional national committees, the boards of these national committees in agreement with the Minister for Energy and Water. '
10. Paragraph 18 shall be amended and the title shall read:
Scope and tasks of the water authorities
(1) The water authorities are responsible for:
1. to perform the public administration under this Act on the water sector, including as regards water flows, water management melioration, as well as other water management works and equipment in the field of competence of other central authorities and bodies;
2. to maintain a balance between water resources capacity and water consumption, to distribute water for all economic and other social needs and to ensure continuous and efficient water management;
3. to take care of the most economical and efficient use of all water resources in terms of the needs of the national economy and to ensure their continuous registration;
4. assess the investment projects and project and budget documentation of investments in any sector of the national economy in so far as they affect the use of water, discharges of waste water or water protection, in terms of wider water interests;
5. to take care of the purity of surface and groundwater in terms of water management and to decide on the necessary or effective measures to prevent or reduce pollution of water;
6. ensure that all water flows, including unprepared flows, are taken care of and supervised by the water economy;
7. to ensure the navigability of watercourses and the construction of waterways;
8. Ensure implementation of technical and organisational measures for the harmless discharge of large waters and the departure of ice;
9. Ensure planning, planning and project preparation, construction, operation and maintenance of own water works and equipment, including public wells;
10. perform expert assessment and water engineering activities in the field of water management;
11. to provide hydrological service and hydrological survey;
12. to manage research and technological development on the water sector, in so far as such proceedings are not attributable to the Ministry of Agriculture and Forestry pursuant to § 19 (1) (b); take care of the education and training of watercourses and cooperate with the relevant planning bodies in supplementing and deploying such cadets;
13. Methodologically manage water management organisations (§ 17) subordinate to the boards of the national committees on all water management issues and guide these organisations on the field of the application of technical development and the introduction of new technology, as well as on wage policy and price issues.
(2) A detailed definition of the scope of the water authorities of each grade shall be made by the Government.
(3) The central authorities and their authorities are obliged to assist the water authorities in the performance of their tasks. "
11.
Tasks of the Ministry of Agriculture and Forestry on the water sector
(1) The Ministry of Agriculture and Forestry is responsible for:
(a) planning, planning and project preparation, construction, operation and maintenance of the following water works and equipment:
1. the waterworks of agricultural parcels, with the exception of waterworks and installations which do not serve solely or principally agricultural and forestry production;
2. adjustments to watercourses, with the exception of border flows, where such adjustments are necessary in order to carry out water-based melioration and to directly increase the profitability of agricultural parcels;
3. Forestry meliorations and bystander fences;
4. ponds, where they serve or are intended primarily for agricultural purposes;
5. water pipelines and sewerage operations carried out in connection with the construction of common agricultural production facilities;
(b) the management of research and technological development in so far as they concern the activities referred to in (a).
(2) The Ministry of Agriculture and Forestry shall carry out the tasks referred to in paragraph 1 directly, where appropriate, by the authorities or organisations designated for that purpose.
(3) The Ministry of Agriculture and Forestry and Energy and Water may, by mutual agreement, define in more detail the scope referred to in paragraph 1. '
12. Paragraph 20 shall be amended and the title shall read:
Agricultural water management organisations
(1) The Minister for Agriculture and Forestry may, in agreement with the Councils of the Regional National Committees and after consulting the Minister for Finance, establish agricultural water management organisations as separate legal entities.
(2) The legal situation, organisation and operation of agricultural water-management organisations shall be governed by the statute issued by the Minister for Agriculture and Forestry. "
13. in Article 21 (1), the words "to call on the authorities of the Central Water Administration" shall be replaced by the words "to call on the water authorities."
14.
Supervision
(1) The Ministry of Energy and Water Management shall, either directly or through water-management authorities, carry out top-level surveillance of water management, water use and pollution control; the authorities also oversee, for all water works and installations, whether the provisions of this law and the decisions of the water authorities which they have issued are complied with.
(2) This provision shall be without prejudice to the provisions on the supervision of forestry meliorations, the rules on fire protection relating also to the protection against natural disasters, in particular floods, the rules on the supervision of the operation and maintenance of hydroelectric power plants, the rules on the supervision of navigation, the operation and use of public ports and transports and other provisions on the supervision of water components. ';
15.
(1) The powers of the executive bodies of the national committees in matters of water management are exercised by the executive bodies of those national committees whose districts have established a water management or other work for which authorisation or approval is given, or whose districts have implemented measures.
(2) The authorisation provided for in Article 8 shall be granted by the executive bodies of the national committees on the basis of an initial project submitted by the applicant before its approval; the authorisation shall be granted following the procedure, by a decision indicating in particular the purpose, place, manner, extent (s) and conditions of use of water, discharge of waste water or protection against water.
(3) At the same time, the decision of the Executive Authority of the National Committee authorising the establishment of a water works or plant is a decision on the admissibility of construction under the Construction Regulations Act.
(4) If the implementation of the construction or parts thereof requires authorisation in accordance with specific regulations (e.g. railway, telecommunications, etc.) in addition to the authorisation provided for in Article 8, the water-management permit procedure shall be carried out, unless the nature of the matter so excludes, at the same time as the permit procedure under the special regulations.
(5) The Executive Authority of the National Committee may amend or revoke the authorisation granted in a new procedure if other more important general interest so requires; where the authorisation has been amended or revoked in favour of another applicant, the management authority of the national committee shall at the same time lay down an obligation to make good the damage caused by the change or cancellation of the authorisation and the amount of such compensation.
(6) In the procedure for granting, amending or withdrawing authorisations, participants shall be required to submit all comments and objections within a time limit set by the Executive Authority of the National Committee at the latest at the final meeting.
(7) Save as otherwise decided by the water authority, the authorisation is linked to the establishment to which the water works or equipment serve. "
16.
(1) In the investment activity of any sector of the national economy as regards the use of water, discharges of waste water or water protection, the investor is obliged to request, in the preparation of the investment task, from the water operator, an indication of whether the planned investment is possible in terms of water management or under what conditions. The application shall specify the amount of water needed, the amount of waste water and the degree of pollution. The water operator shall examine the investment in particular in terms of its location, use of the planned water-based work or plant in terms of wider water-based interests, ensuring the necessary amount of water, the need to clean waste water, water protection, the use of water to date by other consumers and if it complies with the national water-based plan. The Water Authority may impose certain conditions on the investor, in particular as regards the manner and extent of the construction of a water works or plant, its efficient and economical use for wider water-based interests and the like. The investor shall be obliged to add to the application for approval of the investment task the terms and conditions of the water operator, as appropriate.
(2) The comments of the water operator must also be made to the planned change in the production process of the plant or to the extent of its production and to the modification and modification of the water works and equipment, even if such changes and modifications do not manifest themselves in an investment but affect the water economy.
(3) The comments of the water operator authority, or the conditions laid down by it, do not replace the authorisation or consent provided for in this Act which is necessary for the implementation of the water works or equipment. "
17. in Paragraph 25 (2), the words "with the exception of hydropower plants administered by the authorities of the Ministry of Fuel and Energy" shall be deleted.
18. In § 26, the penultimate sentence reads:
"If there is no agreement on the amount of compensation, it shall be decided by the management authority of the District National Committee. '
19. Paragraph 27, including the title, reads:
Compensation for specific water use and water works and equipment
(1) Water collectors and other water users are obliged to pay water management organisations (§ 17) in accordance with principles approved by the Government adequate compensation for the specific use of water which is allowed or improved by the water management parts or equipment managed by those organisations and for the use of such works and equipment. The Government may provide for exemptions from this obligation.
(2) The Government may also provide that water polluters are obliged to pay compensation for discharges of waste water on the basis of the quantity of pollutants discharged and the extent of their seriousness. "
20. in Paragraph 28 (2), the words "Executive Authority of the Regional National Committee" shall be replaced by the words "Executive Authority of the National Committee";
21. Article 29 (2) reads as follows:
"(2) For expropriation proceedings, the method and payment of compensation for expropriation, for admission to and use of the expropriated property before the expropriation procedure is initiated, the provisions of the Construction Regulations and Regulations issued pursuant to it shall apply mutatis mutandis. '
22. In Section 30, the words "the proposal for a central management of water management or its bodies' are replaced by the words" the proposal for a water management organisation entrusted with the management of the property '.
23. In Paragraph 32 (1), the words "to the management of the authorities of the Central Water Management" are deleted; paragraphs 2 and 3 are deleted. Paragraph 4 shall become paragraph 2 and read:
"(2) The definitions to which the authorities or organisations transfer the assets of the deleted water cooperatives referred to in paragraph 1 shall be made by the Ministry of Agriculture and Forestry, Energy and Water by mutual agreement. These ministries shall also specify in an agreement with the Ministry of Finance how to settle the rights and obligations of the repealed water cooperatives. '
24. After Paragraph 32, § 32a and 32b are inserted, including the headings:
Establishment of melliorative cooperatives
(1) For the purposes of the planning, planning and project preparation and implementation of the construction, operation and maintenance of water-based melliorage facilities, the setting up of ponds and the modification of the water-courses referred to in Article 19 (1), single agricultural cooperatives may be brought together, including with other socialist sector organisations in the mellioric cooperative.
(2) Melioration cooperatives are socialist legal persons and are registered in the company register; the provisions of Act No. 53 / 1954 Coll., on folk cooperatives and cooperative organisations, do not apply to them.
(3) The approval of the Council of the District National Committee shall be required for the establishment of a melioration cooperative; If the Cooperative goes beyond the District of the National Committee, the Council of the Regional National Committee must agree, and if it goes beyond the Regional National Committee, the Ministry of Agriculture and Forestry.
Obligations of owners (users) of the land
The owners (users) of meliorated land are obliged to provide assistance to the authorities and organisations in the field of the Ministry of Agriculture and Forestry, as well as to participate in the operation and maintenance of the irrigation and drainage, drainage and small waste networks. The details shall be adapted by the Ministry of Agriculture and Forestry in agreement with the Ministry of Finance. '
25. In Paragraph 33, the last sentence is: "Their property is transferred to the State; it is managed by water management organisations (§ 17). '
26. in Article 35 (1), the words "the executive body of the competent regional national committee" shall be replaced by the words "the competent water authority."
Article 35 (4) reads as follows:
"(4) The water-processing plant and equipment which cannot be used on a nation-wide basis shall be subject to a procedure whereby the owner or manager of the water-processing plant or plant can order it to be put into good condition. If it is not possible to ensure that it is put into the harmless state, the water authority shall state that the ownership of such water works and installations passes without compensation to the State; At the same time, it shall determine which authorities or organisations shall take over the waterworks or installations or parts thereof into their administration and which measures are to be taken in respect of that work or equipment. ';
27. Paragraph 37, including the title, reads:
Cooperation between water and other authorities
In carrying out the duties and carrying out the tasks provided for in this Act in cases falling within the field of competence of the Ministry of Agriculture and Forestry, the water authorities of all stages shall act in close cooperation with the authorities responsible for the management of agriculture and forestry; while ensuring that the interests of agriculture and forestry and the wider interests of the water sector are aligned in such a way as to achieve the greatest possible social benefits. Similarly, water management authorities shall act in conjunction with other public authorities, where the interests which it is responsible for protecting those authorities are affected. Where measures affecting hygiene and anti-epidemic care are taken, the water authorities are required to act in accordance with the measures ordered by the authorities of sanitary and anti-epidemic services; they are therefore obliged to request binding opinions from those authorities before their decision or measure. ';
28.
Implementing rules
(1) The provisions implementing this law shall be laid down by the Government by a regulation; By this Regulation, the Government may also determine which water works and equipment are set up by the organisation of the State Socialist sector or, where appropriate, by the Mellioration Cooperatives or the Single Agricultural Cooperatives.
(2) The Ministry of Energy and Water Management will issue more detailed provisions for the implementation of this Act in agreement with the central authorities involved.
(3) The provisions for the implementation of Section 32a, in particular as regards the creation and subject matter of the activities of the mellioration cooperatives, their bodies, statutes and the approval of the statutes, shall be issued by the Ministry of Agriculture and Forestry in agreement with the central authorities and bodies involved. "
29. In Paragraph 40, the sentence behind the semicolon reads: "It shall be carried out by all members of the government."
Paragraph 2 of Decree No. 9 / 1958 Coll., on a new organisation of state administration on the energy and water sector, is hereby repealed.
The Minister for Energy and Water Management is hereby authorised to publish in the Collection of Laws the full text of Act No. 11 / 1955 Coll., on Water Management, as is apparent from the later regulations.
This Law shall take effect from the date of its publication; it shall be carried out by all members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Jankovcová v. r.
Bark v. r.
Shimonek v. r.
Dr Acid v. r.
Plojhar v. r.
Dr Nobility v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Colonel General Lomský v. r.
Machachová v. r.
Dr Non-edible v. r.
Polack v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Dr Kahuda v. r.
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Regulation Information
| Citation | Act No. 12 / 1959 Coll., amending and supplementing the Water Management Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.1959 |
|---|---|
| Effective from | 14.03.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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