Act No. 123 / 2017 Coll.
Act amending Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended
Valid
Effective from 01.06.2017
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123
THE LAW
of 1 March 2017
amending Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 114 / 1992 Coll., on the Protection of Nature and Landscape, as amended by Act No. 347 / 1992 Coll., Act No. 161 / 1999 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 167 / 2008 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 218 / 2004 Coll., Act No. 387 / 2005 Coll., Act No. 444 / 2005 Coll.
1. In Part Three, Title Two, including footnotes 10 and 49 to 53, read:
Definition of national parks
National parks
(1) Extensive areas with typical relief and geological structure and the predominant presence of natural or man-made altered ecosystems, unique and relevant on a national or international scale in terms of ecological, scientific, educational or enlightenment, can be declared national parks.
(2) All use of national parks must be made subject to the conservation of their environmentally stable natural ecosystems corresponding to the site and to the achievement of their natural biodiversity and must be consistent with the objectives of the protection pursued by their declaration.
(3) The long-term objective of the protection of national parks is to preserve or gradually restore natural ecosystems, including ensuring the uninterrupted course of natural events in their natural dynamics, on the predominant surface of national parks, and to maintain or gradually improve the state of ecosystems, the existence of which is conditional on human activities relevant to biodiversity, on the remaining territory of national parks.
(4) The mission of national parks is to meet the long-term objectives of protecting national parks, as well as to enable the use of national parks for sustainable development, education, research and nature-friendly tourist use, in ways that do not conflict with the long-term objectives of protecting the national park.
(5) National parks and their protection zones are hereby declared.
National Park Czech Switzerland
The object of protection, verbal delimitation of borders and an indicative graphic representation of the progress of the national park Czech Switzerland are listed in Annex 1 to this Act.
Giant National Park
The object of the protection, the verbal delimitation of borders and the indicative graphic representation of the progress of the boundaries of the Giant National Park and the verbal delimitation of borders and the indicative graphic representation of the progress of the boundaries of the Giant National Park protection zone are set out in Annex 2 to this Act.
National Park Podyjí
The object of the protection, the verbal delimitation of the borders and the indicative graphic representation of the progress of the borders of the National Park Podyjí and the verbal delimitation of the borders and the indicative graphic representation of the progress of the borders of the National Park Podyjí are set out in Annex 3 to this Act.
Šumava National Park
The object of the protection, the verbal delimitation of borders and the indicative graphical representation of the progress of the border of the Šumava National Park are set out in Annex 4 to this Act.
Protection of national parks and care of national parks
Basic protection conditions of national parks
(1) The entire territory of national parks is prohibited
(a) to place or authorise mining works, including related mining structures or installations, other than the provision and disposal of existing mining works;
(b) define new industrial zones;
(c) establish exploratory territories;
(d) mine minerals, peat or bacon, except for the extraction of building stone and sand for construction in the national park;
(e) to dispose of waste originating outside the national park;
(f) authorise or carry out the deliberate distribution of non-geographical plant species;
g) introduce intensive game farming such as disciplines, farm farms or pheasants;
(h) amend the existing land water regime;
(i) the release of animals, other than the release of animals on the basis of approved rescue programmes or of animals treated with rescue stations at the place where they were found;
j) place lamps outside enclosed objects pointing the luminous flux above the horizontal passing through the centre of the lamp;
(k) conduct fireworks or use fireworks; or
(l) fly in contravention of the conditions laid down in a measure of a general nature issued under another legislature49), except for flights to ensure the safety of the state, the protection of persons, property or public order, and flights for the needs of nature conservation authorities.
(2) In the territory of national parks outside the built-up territory of municipalities and the built-up areas of municipalities are prohibited
(a) use means or carry out activities which may cause significant changes in the biodiversity, structure and function of ecosystems contrary to the objectives of the protection of national park zones or the national park zone regime;
(b) to place, authorise or carry out structures, other than those requiring no territorial decision or territorial consent and intended for the purposes of conservation of nature, farming land and forests, tourism, watercourses management, fire protection and rescue, state defence, protection of state borders or conservation;
(c) to remove the upper layer of land or to conduct landscaping, outside structures which do not require territorial decisions or territorial consent and intended for the purposes of conservation of nature, care of agricultural land and forests, tourism, watercourses management, fire protection and rescue, state defence and protection of national borders, or outside the maintenance of cultural monuments;
(d) permit or carry out geological work;
(e) collect minerals, plants or catch animals, except for the normal management of land, research authorised or organised by the nature conservation authority, exercise of hunting rights, fishing rights or the general exploitation of forests under another legislation;
(f) use artificial fertilisers, slurry, silage or lime on parcels outside the garden;
(g) to plant or plant plants outside the garden; This does not apply to the planting or planting of the original trees or local varieties of fruit trees,
(h) use biocides outside buildings;
(i) to store fuel or chemical products outside the places reserved by the nature conservation authority for a limited period;
(j) to dispose of waste originating in the national park outside the places reserved by the nature conservation authority;
(k) to adjust the natural watercourses or to remove from the natural watercourses the flooding or other naturally occurring obstacles, except in the case of an immediate threat to the life or health of persons or the threat of material damage to property;
(l) to enter and remain with motor vehicles and trailers off-road, local communications and places reserved by the body of nature protection, with the exception of the entry and residence of vehicles of the essential components of the integrated rescue system, the municipal police, the armed forces of the Czech Republic, the customs administration of the Czech Republic, the prison services of the Czech Republic, other public authorities, veterinary services, watercourses managers' vehicles, water supply operators and sewerage, energy systems, pipelines, production ducts and public communications networks in the performance of their tasks or vehicles needed for the forestry and agricultural management in the national park and vehicles of owners and tenants of immovable goods in connection to their use;
(m) to ride a bicycle or horse off the road, local communications and places reserved by the nature protection authority, with the exception of driving carried out by members of the essential components of the integrated rescue system, municipal police, the armed forces of the Czech Republic, the customs administration of the Czech Republic, the prison services of the Czech Republic, workers of other public authorities, veterinary services and water service managers in the performance of their tasks or owners and tenants of immovable property in connection with their use;
(n) to engage in climbing, watercourses or other water sports outside the places reserved by the nature conservation authority;
o) camp outside the places reserved by the Nature Protection Authority;
(p) to develop fires outside the places reserved by the nature conservation authority;
(q) organise or organise sporting, tourist or other public events outside the places reserved by the nature conservation authority;
(r) to open or stand-by sales outside buildings;
(s) operate aircraft capable of flying without pilot50) or aircraft models; or
(t) carry out chemical sprinkling of roads, except for maintenance of first-class roads.
Closer protection conditions of National Park Czech Switzerland
(1) The entire territory of the Czech Switzerland National Park is prohibited
(a) interfere with the natural development of rock formations for reasons other than the immediate threat to human life or health or the imminent damage to property of a significant scale;
(b) use livestock to draw and ride off roads and local roads and places reserved by the nature conservation authority; This prohibition shall not apply to the normal management of land with the consent of its owner or lessee; or
(c) to sleep in nature outside the places reserved by the nature conservation authority by measures of a general nature.
(2) Free running of domestic animals is prohibited throughout the Czech Switzerland National Park territory outside the built-up territory of the municipalities.
(3) The whole territory of the Czech Switzerland National Park is possible only with the consent of the nature conservation authority
(a) establish new prospects or make rock formations of staircases and ladders accessible, or remove them;
(b) to place information, advertising and promotional facilities;
(c) open up grounders; or
(d) to change the types or uses of land outside the built-up territory of the municipalities and the stalled areas of the municipalities.
Closer protection conditions of the Giant National Park
Only with the consent of the Nature Protection Authority can the whole territory of the Giant National Park
(a) to change the types or uses of land outside the built-up territory of the municipalities and the built-up areas of the municipalities; or
(b) to carry out ploughing of permanent grassland.
Closer protection conditions of the National Park Podyja and its protection zone
(1) On the entire territory of the National Park It can only be used with the consent of the nature protection authority
(a) to change the types or uses of land outside the built-up territory of the municipalities and the built-up areas of the municipalities; or
(b) to carry out ploughing of permanent grassland.
(2) The operator of the hydroelectric power plant in Vranov nad Dyja is obliged to provide an environmentally tolerable flow regime in the river Dyja.
(3) The purpose of the National Park Protection Zone The protection of its landscape and natural values and increased care of its registered offices in the national park protection zone Podyjí is similar to the security of the national park's territory against interference.
Closer protection conditions of the Šumava National Park
The entire territory of the Šumava National Park is possible only with the consent of the nature conservation authority
(a) to make adjustments and maintenance of watercourses and other watercourses;
(b) to build new or reconstruct existing surface drainage of land, outside the built-up territory of municipalities and the built-up areas of municipalities;
(c) to change the types or uses of land outside the built-up territory of the municipalities and the built-up areas of the municipalities; or
(d) carry out the ploughing of permanent grassland.
National park rest area
(1) The resting areas of the national park are areas with limited movement of persons in order to facilitate the uninterrupted development of ecosystems or their components, which are sensitive to the excessive movement of persons and are vulnerable to the effects of interference associated with them.
(2) In the resting areas of the national park, it is prohibited to move outside the roads or routes reserved by the nature conservation authority, except for owners and tenants of land when entering their land, members of the essential components of the integrated rescue system, municipal police, armed forces of the Czech Republic, the customs administration of the Czech Republic, the prison services of the Czech Republic, workers of other public authorities, staff of the professional organisation of state conservation, veterinary services, water and sewage operators, energy systems, pipelines, production ducts and public communications networks in the performance of their tasks. When reserving a path or route, the nature protection authority may lay down conditions relating to the extent, manner and time of movement on that route or route.
(3) The resting areas of the national park are determined by the Ministry of Environment by measures of a general nature.
(4) The boundaries of the resting area of the national park and information on the conditions of movement on journeys or routes in the resting area of the national park shall be indicated by the nature conservation authority in the field in the manner laid down by the Ministry of the Environment Decree.
Breakdown of national parks
(1) The territory of the national parks shall be broken down according to the objectives of conservation and ecosystem status into 4 zones of conservation:
(a) the natural zone shall be defined on integrated areas where natural ecosystems prevail, with the aim of preserving them and enabling natural processes to continue undisturbed;
(b) the area close to nature shall be demarcated on areas where human partially altered ecosystems prevail, with a view to achieving a state corresponding to natural ecosystems;
(c) the zone of concentrated nature care shall be defined on areas where man-made ecosystems prevail, with the aim of maintaining or gradually improving the state of ecosystems of biodiversity relevant to the existence of which human activity is conditional on permanent activity or the restoration of the nature of nearby ecosystems; and
(d) the cultural landscape zone shall be demarcated in built-up areas and in built-up areas of municipalities intended for their sustainable development and in areas where human-altered ecosystems are predominant for permanent human use.
(2) Territories which do not meet the characteristics of the zones referred to in paragraph 1 may also be included in the different zones of nature protection, but their inclusion is necessary for reasons of maintaining a uniform manner of management of the zone and achieving the objective of protecting the zone of the national park.
(3) Individual territories may also be included in a maximum continuous area of 5 ha which do not meet the characteristics of the zones referred to in paragraph 1 and which do not serve to achieve the objective of the national park zone but which are necessary to maintain the integrity of the area of the segment of the zone; These territories may comprise a maximum of one tenth of the area of the zone segment.
(4) Natural zones are defined in such a way as to minimise adverse effects on the land of other forest owners outside the natural and nature zone and on the land outside the national park.
(5) The definition and changes of the different nature conservation zones of the national park, including the territory referred to in paragraph 3, and their characteristics under the natural conditions and objectives of the protection, are laid down by the Ministry of Environment by decree.
(6) In accordance with paragraph 5, the negotiation of changes to the nature conservation zones of a national park may be initiated for the first time not earlier than 15 years after the entry into force of the first Ordinance defining the nature conservation zones of that national park referred to in paragraph 5.
(7) In the part of the territory of the national park which is not part of any of the nature conservation zones of the national park and lies outside the built-up territory of the municipalities and the built-up areas of the municipalities, it is prohibited to use means or carry out activities which may cause significant changes in biodiversity, the structure and function of ecosystems.
National Park Zone Scheme
(1) Only interventions which do not conflict with the objective of protecting the zone may be carried out in the natural zone. Exceptionally, other measures may be carried out where this is necessary to protect the lives and health of persons, to protect property or to protect nature, namely:
(a) interventions against the spread of geographically non-native organisms;
(b) extinguishing fires and implementing preventive measures against forest fires under the Fire Protection Act; preventive measures may be carried out following prior consultation with the nature conservation authority and taking into account the objectives of the protection of the national park,
(c) removal of unnecessary structures;
(d) the control of the numbers of cloven-hoofed game;
(e) measures to ensure the safety of visitors on tourist routes;
(f) maintenance of the basic travel network established by the national park management principles;
(g) interventions to protect stocks of specially protected plant or animal species;
(h) monitoring or research which does not alter the natural environment;
(i) the maintenance of marked hiking or cycling routes; or
(j) a single renewal or improvement of the natural water regime.
(2) Only interventions which do not conflict with the objective of protecting the zone, with the exception of the measures referred to in paragraph 1, measures to promote natural environmental stability or the natural biodiversity of ecosystems, revitalisation measures and forest protection measures may be carried out in the near nature zone.
(3) Only interventions which do not conflict with the objective of protecting the zone, with the exception of the measures referred to in paragraphs 1 and 2, measures to restore or maintain the ecological stability and biodiversity of ecosystems and measures to restore or maintain biotopes and populations of rare and endangered plant and animal species, may be carried out in the zone of concentrated nature care.
(4) In the cultural landscape zone, only measures or interventions which do not jeopardise the object of the protection of the national park and the fulfilment of the objectives of the protection of the national park may be implemented.
(5) Paragraph 16 does not affect the implementation of the interventions and measures referred to in paragraphs 1 to 4.
(6) In the territories included in the natural, natural or concentrated nature care zone referred to in Article 18 (3), the zone regime provided for in paragraphs 1 to 3 shall not apply and may carry out measures or interventions which do not jeopardise the object of the protection of the national park and the fulfilment of the objectives of the protection of the national park.
Limitation of activities in national parks and visiting rules of the national park
(1) The conditions for restrictions and lists of tourist and recreational activities prohibited or limited by laws, regulations, general measures or decisions under this law or other legislation are published by the nature conservation authority in the visiting rules of the national park.
(2) The National Park Visiting Regulations shall be published by the Nature Protection Authority in the form of an electronic document on its website. The visiting rules may also be published for part of the national park territory.
National Park Council
(1) In order to discuss and assess all relevant documents for the protection and management of the national park and its protection zone, in particular the division of the national park territory into the nature protection zones and the principles of care for the national park, the Nature Protection Authority establishes the National Park Board (hereinafter referred to as "the Council") as an initiative and consultation body for the matters of the national park concerned.
(2) The members of the Board are delegated representatives of all municipalities and regions in whose territory the national park and its protection zone are located and representatives of the Mountain Service in mountain areas. Other members of the Board from significant legal and natural persons, in particular from the field of nature protection, forestry, agriculture, water, trade and tourism, experts from scientific and professional centres, or from other government bodies, shall be appointed and removed by the Nature Protection Authority.
(3) The proposal for national park zones, the proposal for resting areas of the national park, the route and routes proposed to be reserved in the resting areas of the national park and the places proposed to be reserved are obliged to agree with the Council. The draft guidelines for the care of the national park shall be agreed by the nature conservation authority with the Council in accordance with Article 38a.
(4) If the agreement referred to in paragraph 3 is not reached, the Council shall immediately submit, through the nature conservation authority, a conflict with its opinion to the Ministry of the Environment, which may, on the basis of the documents collected, adapt the proposal. It shall inform the Council of the amendment of the proposal.
Right of hunting and fishing in national parks
(1) Holders and users of hunting or fishing grounds in national parks are required to proceed in the exercise of hunting and fishing rights under other legislation10 to maintain or improve the status of national park ecosystems and to maintain or promote their natural ecological functions.
(2) In exercising the right of hunting or the right of fishing in the territories included in the natural or natural zone close to it, the provisions of another legislation governing the obligation to feed game and to determine the farming method and the cultivation procedure in the fishing zone 51) shall not apply.
(3) The exercise of the right of hunting and fishing under other legislation10) may be restricted or excluded in certain parts of the national park or throughout its territory by a decision or, if the addressees are indeterminate, by measures of a general nature of the nature conservation body.
National parks forests
(1) Forests in the national park are not economic.
(2) The management of the national park is responsible for forest management with forests, land intended for the performance of forest functions and other State-owned property related to forest functions in the territory of the national park and its protection zone, according to its territorial jurisdiction as set out in Section 78.
Treating forests in national parks
(1) The owners or tenants of forests in national parks shall be obliged to manage them in such a way as to preserve or promote their natural ecological functions and biodiversity.
(2) In carrying out the care of forests included in the natural and natural zones close to them, the provisions of another legislation on the obligation to restore and raise forest crops, the time limits for the afforestation of shins and the time limits for the provision of forest crops on forest land, the compulsory implementation of meliorations and the payment of byproducts in forests, and the provision for the compulsory priority implementation of random extraction52). Furthermore, the provisions of another legislation on compulsory implementation of measures (53) shall not apply in the course of the management of forests included in the natural and natural zones and in the near nature zone in order to prevent or prevent the effects of harmful agents and to eliminate or mitigate their consequences, except for preventive measures against forest fires.
(3) Forests included in the natural zone are not included in the calculation of the mandatory provisions of forest economic plans under any other legislation, nor are they located in mining and do not propose educational and cultivation measures in forest economic plans. In forests included in a zone close to nature, the binding provisions of the forestry economic plan shall determine the maximum total amount of the extractions as the sum of the extractions located in each forest area.
Management of agricultural parcels in national parks
(1) The owners or tenants of land forming part of the agricultural land fund in national parks are obliged to manage them in such a way as to preserve or promote their ecological functions and biodiversity.
(2) When carrying out the management of land which is part of an agricultural land fund in a natural or natural zone, the procedures for fulfilling the objectives of the protection of those zones referred to in Article 18 (1) (a) or (b) shall apply as a priority. The provisions of the Land Protection Act do not apply to these parcels.
Limitation of State ownership of certain land in national parks
(1) The land owned by the State cannot be disposed of in the territory of national parks.
(2) The exchange of land justified by the interests of nature protection shall not be considered as disposals referred to in paragraph 1.
10) Act No. 449 / 2001 Coll., on hunting, as amended. Act No. 99 / 2004 Coll., on Pond, Enforcement of Fishing Law, Fisheries Guard, Conservation of Marine Fishery Resources and amending certain laws (Act on Fisheries), as amended.
49) Paragraph 44 (3) of Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, as amended, Act No. 225 / 2006 Coll., Act No. 274 / 2008 Coll. and Act No. 301 / 2009 Coll.
50) § 52 of Act No. 49 / 1997 Coll., as amended by Act No. 225 / 2006 Coll.
51) § 11 (4) of Act No. 449 / 2001 Coll. § 11 (1) of Act No. 99 / 2004 Coll.
52) Articles 31 (6) and 33 (1) of Act No 289 / 1995 Coll.
53) § 32 paragraphs 1 and 2 of Act No. 289 / 1995 Coll. '
footnote 14 is deleted.
2. Paragraph 37, including the title, reads:
Protection zones of specially protected territories
(1) Where special protected areas, with the exception of a protected landscape area, need to be secured against interference from the surrounding areas, a protection zone may be declared for them, in which activities and interventions may be defined, linked to the prior consent of the nature conservation authority. The protection zone shall be declared by the authority which has declared the protected territory in the same way. If the protection zone of the national nature reserve, national natural monuments, natural reserves or natural monuments is not declared, the territory shall be within 50 m of the border of the specially protected territory. The nature conservation authority may, when declaring a specially protected territory, provide that a specially protected territory is declared free of the protection zone.
(2) The approval of the Nature Protection Authority is necessary for the placing, authorisation or implementation of buildings, change in the use of land, landscaping, changes in the water regime or in the management of water, the use of chemical means and changes in the type of land in the protection zone of the specially protected territory.
(3) In the national park protection zone, the consent of the nature conservation authority is further required to:
(a) camping outside the places reserved by the nature conservation authority by measures of a general nature and outside the built-up territory of the municipalities;
(b) agricultural farming, if this would exceed the environmentally accepted nutrient intake regime, in particular potassium, nitrogen and phosphorus;
(c) disposal; or
(d) the organisation of mass sports, tourism and other public events outside the places reserved by the nature conservation authority by measures of a general nature and outside the built-up territories of municipalities.
(4) Consent to the activities referred to in paragraphs 2 and 3 for which authorisation by an administrative authority under another legislation is not required shall be given by a decision of the nature protection authority or, if the addressees are indefinite, by measures of a general nature. "
3. The heading of Section 38 reads:
"Plans for the care of national nature reserves, nature reserves, national natural monuments, natural monuments and protected landscape areas."
4. In the first sentence of Paragraph 38 (1), the words "specially protected territory and its protection zone 'are replaced by the words" national nature reserve, natural reserve, national natural monument or natural monument and the protection zone of such specially protected territories or a protected landscape area'.
5. In the second sentence of Paragraph 38 (2), the words "national parks and 'are deleted.
6. In Article 38 (6), the words "specially protected territories and their protection zones' are replaced by the words" national nature reserves, natural reserves, national natural monuments and natural monuments and their protection zones and protected landscape areas'.
7. After Paragraph 38, the following Section 38a is inserted:
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Regulation Information
| Citation | Act No. 123 / 2017 Coll., amending Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.04.2017 |
|---|---|
| Effective from | 01.06.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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