Decree of the Ministry of Environment No. 13 / 1994 Coll.
Ordinance of the Ministry of the Environment on certain details of the protection of the agricultural land fund
Valid
Effective from 24.01.1994
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13
DECLARATION
Ministry of Environment
of 29 December 1993
adjusting certain details of the protection of the agricultural land fund
The Ministry of the Environment provides pursuant to § 22 of the Act of the Czech National Council No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by the Act of the Czech National Council No. 10 / 1993 Coll. (hereinafter referred to as "the Act"):
Criteria relevant for imposing a change in agricultural land culture
(to Paragraph 2 (3) of the Act)
The protection authority of the agricultural land fund may impose a change in the culture of agricultural land in cases where the management of the land in the current culture takes place:
(a) an erosive threat to the territory in question and to the surrounding areas;
(b) deterioration of the purity and quality of water in water streams and water tanks;
(c) threats to surface or groundwater sources of drinking water, natural medical resources and natural mineral water sources of table water, 1)
(d) infringement of the rights and obligations of nature and landscape conservation, 2)
(e) damage to surrounding parcels or favourable physical, biological and chemical properties of soil;
(f) the threat to the food chain.
Procedures to ensure the protection of the agricultural land fund in the processing and negotiation of land planning documents and land planning documents
(k § 5 of the Act)
(1) For the purpose of ensuring the protection of the agricultural land fund in the processing of land planning documents and land planning documents, it is based on:
(a) the organisation of the agricultural land fund in the territory, hydrological and draining conditions and the network of agricultural special-purpose roads;
(b) land treatment and definition of the concurrently built territory of the municipality;
(c) crops (type of land) of agricultural land according to the real estate register (3) and its quality by classification in the soil-protected ecological units;
(d) the existence of non-agricultural land needed to ensure agricultural production and fish or aquatic poultry ponds;
(e) the existence of agricultural land on which land investments are made to improve soil fertility, such as meliorisation and irrigation facilities.
(2) The supporting documents referred to in paragraph 1 shall be the data of the tabular and graphic parts of the territorial technical documents for the protection of the agricultural land fund, land data according to the land register, (3) the representation of the soil ecological units to which the agricultural land is classified, and their purpose evaluation to the degree of priority in protection and conservation classes, approved land-use adjustment proposals, (4) the data on investments made in the land in order to improve soil fertility and their graphical representation and data on hydrogeological regions.
(3) The data from the supporting documents referred to in paragraph 2 shall be evaluated by processors at the stage of the surveys and analyses and shall be shown in a separate complementary drawing or in a comprehensive problem drawing. 5) The graphical basis of the additional drawing is the scale maps used for the main drawings, which enable the data to be evaluated. The scope and accuracy of this evaluation and the representation shall be determined by the level and category of planning documentation processed. The evaluation and representation of these data is the basis for the elaboration of proposals for forecasting tasks, territorial and economic principles and construction programmes.
(4) The purchaser of the forecasting tasks, territorial and economic principles and construction programmes shall discuss (6) their proposal with the Agricultural Fund Protection Authority, which shall be responsible for giving consent to the proposal prepared by the territorial planning documents7) on the basis of the text, tabular and graphic parts of the evaluation of the data from the supporting documents referred to in paragraph 3. In its observations, the Agricultural Soil Fund Protection Authority shall identify parts of the territory (s) on which further urban development can be considered, in terms of the minimum possible consequences on the agricultural Soil Fund. At the same time, it shall define how the future solutions to the relevant planning documentation should be managed in order to minimise the impact of agricultural parcels with the most favourable physical, biological and chemical properties of the soil, hydrological conditions, agricultural purpose communications network, measures proposed by land-based adjustment, significant landscape elements, territorial environmental stability systems, the organisation of agricultural land-use fund in the territory and the non-productive function of agricultural land as an environmental component.
(5) Where the processing of an urban study or a territorial generel is concerned, the processor shall carry out the evaluation and presentation of the data from the supporting documents by analogy in accordance with paragraph 3.8.)
(1) Processors of land planning documents already proceed when processing the design of the solution (9) in accordance with the requirements which have been applied by the competent authorities for the protection of the agricultural land fund when discussing draft forecast tasks, territorial and economic principles and construction programmes (§ 3 (4)). In doing so, they assess the expected consequences of the proposed solution of the forward development of settlements and territories to the agricultural land fund on an alternative basis. They use the results of the evaluation of data from the supporting documents and their representation (§ 3 (3)).
(2) Details of the content of the evaluation referred to in paragraph 1 are given in Annex 3, which is part of this Decree.
(3) In the case of the processing of urban studies or of territorial generel, the assessment of the consequences of the proposed solution on the agricultural land fund and the assessment of these territorial planning documents shall apply mutatis mutandis to the provisions of the preceding paragraphs, taking into account specific provisions. 10)
Procedures to ensure the protection of the agricultural land fund in the processing and discussion of proposals for the establishment of conquest areas
(k § 6 of the Act)
(1) In the processing of a proposal for the establishment of a mining area to be affected by an agricultural land fund, a legal or natural person authorised to take (mine mining) minerals (hereinafter referred to as "the person entitled to mine '), in the interest of which prior consent was given to the establishment of a quarrying area under specific rules, (11) evaluation of the expected consequences of the proposed solution on the agricultural land fund. To this end, it shall use the documents to ensure the protection of the agricultural land fund referred to in Article 3 (1) and (2), taking into account the nature of the mineral deposit and the way in which it will be conquered.
(2) Details of the content of the evaluation referred to in paragraph 1 are given in Annex 4, which is part of this Decree.
(3) The evaluation referred to in paragraph 1, the prior consent to establish the mining area under the Specific Regulations (11) and the graphical representation of the boundaries of the blocks of mineral stocks according to the results of the geological survey is the basis for the application for consent to the proposal for the establishment of the mining area. 13)
Procedures to ensure the protection of the agricultural land fund in the processing of the building documentation needed for a territorial decision
(1) In the processing of the documentation of the buildings needed for a territorial decision, 14) which is to be affected by the agricultural land fund, the investor shall evaluate the consequences of the proposed location of the buildings in preparation for that fund. This evaluation is annexed to the application for approval of the withdrawal of land from the agricultural land fund under Section 9 of the Act.
(2) Details of the content of the evaluation referred to in paragraph 1 are given in Annex 5, which forms part of this decree.
(3) If the planned construction is to be located outside the concurrently built territory of the municipality, the investor shall propose technically feasible territorial alternatives to its location in order to find a solution that is most advantageous in terms of the protection of the agricultural land fund and other legally protected general interests; assess the effects of the different territorial alternatives on the agricultural land fund.
(4) The territorial alternatives referred to in paragraph 3 shall not be proposed if the location of the construction is in accordance with:
(a) a solution to approved planning documentation or approved planning documents; or
(b) the design of routes of land and underground lines, roads, national railways and waterways and their parts for which the authorities of the protection of the agricultural land fund have given their consent; or
(c) the conditions laid down by the competent authorities for the protection of the agricultural land fund when giving their consent to the proposal for the establishment of a mining area.
(5) In the case of the construction of agricultural primary production, the location of which is determined by ownership of the land, or the construction of agricultural special-purpose roads or investment in land in order to improve soil fertility, 15) where the unambiguity of the location is given by their technical nature and purpose, no territorial alternatives are proposed.
Procedures to ensure the protection of the agricultural land fund in the processing of designs for aerial and underground lines, roads, national waterways and waterways and their components
(to Section 7 of the Act)
(1) An investor which ensures the construction of overhead and underground lines, infrastructure, national waterways and waterways, in the processing of the design of the routes of these constructions 16) will assess the expected consequences of the proposed solution on the agricultural land fund.
(2) If the construction referred to in paragraph 1 is to be affected by an agricultural land fund outside the concurrently built-up territory of the municipality, the design of the routes of these buildings shall be processed in technically feasible territorial alternatives in order to find a solution which is most advantageous in terms of the protection of the agricultural land fund and other legally protected general interests.
(3) In accordance with paragraphs 1 and 2, no action shall be taken in cases where the planned construction:
(a) above and underground lines, roads, national waterways and waterways and their parts are to be carried out in the routes defined for this purpose by approved planning documents or approved planning documents, or where the proposals for their implementation are part of the solution contained in the documentation of other structures required for the issue of a territorial decision; or
(b) address the modification of the nivelet, the width and parameters of the arches of previously built infrastructure and national railways.
Procedures to ensure the protection of the agricultural land fund in construction, mining and industrial activities and in geological and hydrogeological surveys
(k § 8 of the Act)
Procedures to ensure the protection of the agricultural land fund in geological and hydrogeological surveys
If the planned implementation of work related to geological or hydrogeological surveys (hereinafter referred to as "geological work ') is to be affected by the agricultural land fund for more than one year, legal or natural persons authorised to do so under the Specific Regulations (17) shall assess their impact on that fund when preparing such work. 18) This evaluation is annexed to the application for approval of the withdrawal of land from the agricultural land fund under Section 9 of the Act.
Procedures to ensure the protection of the agricultural land fund in the processing of the plan for opening, preparing and quarrying
(1) When preparing the plan for opening, preparing and quarrying to be affected by the agricultural soils fund, the person authorised to extract minerals shall evaluate the consequences of the proposed mining (mining) (19) on that fund. 20) This evaluation is annexed to the application for approval of the withdrawal of land from the agricultural land fund under Section 9 of the Act.
(2) Details of the content of the evaluation referred to in paragraph 1 are given in Annex 6, which is part of this Decree.
(3) Pursuant to paragraphs 1 and 2, legal or natural persons who have been authorised locally by the competent mining authority to extract minerals shall, mutatis mutandis, proceed with the extraction of minerals on areas (locations) for which the application for the establishment of the conquest area is not processed and the conquest shall take place on the basis of a decision made under specific rules. 21)
Procedures to ensure the protection of the agricultural land fund in securing the cover of cultural layers of land, its implementation and use of hidden soil
(1) He who is to be authorised to withdraw the land from the agricultural land fund pursuant to Article 9 (5) (f) of the Act for non-agricultural purposes shall process the preliminary balance of the cover of the cultural layers of land found on the land concerned and the proposal for ways of making efficient use of the land. The processed documents shall be submitted, together with a request for such consent, to the Agricultural Soil Fund Protection Authority for review and further use in establishing the conditions necessary to ensure the protection of the Agricultural Soil Fund.
(2) Before carrying out a non-agricultural activity authorised by a decision issued under the Specific Regulations (22), the one in whose interest the agreement to withdraw the land from the Agricultural Soil Fund has been given shall ensure that the cover of the cultural layers of the land is carried out, 23) their relocation and distribution or storage in accordance with the conditions laid down by the protection authority of the Agricultural Soil Fund in the consent given. Where hidden cultural layers of soil are stored on complex (deponies) until they are used for the purpose of reclamation or preparation of areas for greening, they shall at the same time ensure that they are protected from degradation and loss, and proper treatment, or shall ensure that the surface of such facilities is used effectively for agricultural production. A protocol (working log) shall be kept on the activities related to the hiding, relocating, spreading or other use, storage, protection and treatment of hidden cultural layers of land, which shall state all the facts relevant to the assessment of the accuracy, completeness and effectiveness of the use of these earths.
(3) Where land is withdrawn from the agricultural land fund for which the authority for the protection of the agricultural land fund does not need approval, 24) then the cover of the cultural layers of the land on the withdrawn areas and their location23) shall be established in territorial and building proceedings. 25)
(4) According to paragraphs 1 to 3, no derogation under Article 8 (1) (a) of the Act shall be granted to the Land Protection Authority when the land is withdrawn from the Land Fund.
(a) for afforestation purposes;
(b) on grounds of inclusion in other areas where the land cannot be cultivated agricultural;
(c) in order to protect nature and landscape;
(d) for the protection of archaeological sites;
(e) for the establishment of zones to ensure hygienic protection of grade I drinking water sources and narrower protection zones of natural medicinal and table mineral water sources;
(f) establishing territorial environmental stability systems.
Procedures to ensure the protection of the agricultural soil fund for soil reclamation
(1) Details of the content of the recovery plan and the processing method are given in Annex 7, which is part of this decree.
(2) Those who are required to carry out reclamation under an approved plan on the basis of the conditions laid down in the agreement of the authorities for the protection of the agricultural land-use fund for the withdrawal of land issued under Article 9 of the Act shall ensure that, immediately after the end of the purpose of non-agricultural use of the land withdrawn, 26) that:
(a) all temporary buildings, installations and other tangible residues of the non-agricultural activity in question will be removed from the land concerned, which would prevent the recovery;
(b) the individual activities and measures of the technical and biological part of the reclamation in the order and to the extent specified in the approved recovery plan shall be undertaken and carried out smoothly on the parcels adjusted under (a);
(c) throughout the period of carrying out the reclamation referred to in point (b), a protocol (operating log) shall be kept to record how the reclamation work is carried out, what procedures have been applied, how the deadlines set out in the reclamation plan and other details relevant for the assessment of the quality, extent and completeness of the reclamation carried out are followed;
(d) after the end of the last stage of biological reclamation, it shall be notified to the authority of the protection of the agricultural land fund, which has issued a decision on the withdrawal of land from the agricultural land fund pursuant to Article 11 (2) of the Act, that the reclamation has been completed in order to take over the reclamation of the land by the owners or tenants and that the obligation to pay the removal payments may be terminated.
(3) In order to ensure the effectiveness of the carrying out of the reclamation and future management of the reclamated land, the adjacent parcels belonging to the agricultural land fund, which will not be affected by the intended non-agricultural activity, may be included in the resolution of the reclamation plan where justified.
Procedures for the removal of land from the agricultural land fund
(Articles 9 and 10 of the Act)
(1) Simultaneously built-up territory of the municipality (§ 4, § 9 (2) (a) (4) of the Act) means the cadastral territory of the municipality which is permanently built on the date of the survey or on the basis of a building permit or other decision and a measure equivalent to that which is intended for permanent construction. It also includes areas which are clearly related to areas built or built and are used for housing, production, services, recreation, transport and other non-agricultural purposes. Land situated within the boundaries of the established territory of the municipality on 1 September 1966, according to the drawings in the maps of the real estate register, is at the same time built territory of the municipality, even if the above criteria are not met, with the exception of agricultural land permanently intended for the provision of specialised agricultural production (horticulture, greening).
(2) Agricultural land which, for its considerable size or appropriate shape, has not been included in the built-up territory of the municipality on 1 September 1966 is not part of the concurrently built-up territory of the municipality, even if it does not form a continuous whole with the surrounding agricultural land fund, except for those parcels which are already permanently built on the date of the survey or on the basis of a building permit or other decision and a measure equivalent to that for permanent construction. The description of the border of the concurrently established territory of the municipality at the date of the survey shall not be made in the cadastral maps.
The total area of land for which approval for withdrawal pursuant to Article 9 (1) of the Act is requested shall be determined for the assessment of the substantive character of the bodies protecting the agricultural land fund.
(1) The person in whose interest the agreement to withdraw the land from the agricultural land fund has been given for purposes the implementation of which is not subject to a decision under special regulations (e.g. for the purpose of transferring the land to other areas where it cannot be cultivated), by this agreement, provides evidence of a change in the type of land (culture) and the method of its use under special regulations (27) to the competent cadastral office.
(2) Where the consent referred to in Article 9 (1) of the Act is granted by an authority other than the competent authority of the agricultural land fund, that authority shall send a copy of the consent issued to the competent municipal authority in whose territorial area the land concerned is located or the largest part thereof. At the same time, he shall receive all documentation attached to the request for such consent.
(1) Where land is withdrawn from the agricultural land-use fund for mining purposes on land situated in approved quarrying areas or in protected bearing areas, the ecological weight of the effect of protected bearing areas shall not be used in the processing of the collection calculation. 28)
(2) In agreement with Article 9 (1) of the Act, the Land Fund Protection Authority shall only define the criteria for determining the amount of contributions.
(3) The basic rate of levies on the withdrawal of agricultural land from the agricultural land fund may be reduced in accordance with Part C of the levy rate where:
(a) it is demonstrated by the detection or purposeful measurement carried out by authorised expert organisations of the Ministry of the Environment or of the Ministry of Agriculture or, where appropriate, by an assessment of the health service that the degree of soil damage caused by falls from industrial exhalation or leakage of solid or liquid toxic substances or petroleum substances does not allow its use for the production of agricultural products entering the food chain for at least 10 years from the date of detection of the undesirable condition;
(b) according to the findings of the competent expert organisation of the Ministry of the Environment or of the Ministry of Agriculture, this land cannot be used rationally for agricultural production or counted on the fulfilment of its functions as an environmental component as a result of its irremovable damage to wind or water erosion.
(4) If the main soil unit cannot be identified on the land to be withdrawn from the agricultural soil fund, since the inclusion of the land in the bonized soil ecological units has not been carried out (e.g. in the concurrently built-up territory of the municipality), the main soil unit, which is defined on another parcel of agricultural land located at a distance from the land to be affected by the proposed withdrawal from the agricultural land fund, will be used for the calculation of the levies for the removal of that land.
(5) Where doubts arise as to the applicability of the method of determining the main soil unit referred to in paragraph 3 (e.g. for large-scale residential units or approved contiguous areas), the authority for the protection of the agricultural land fund may require that the main soil units on the parcel concerned by the proposed withdrawal and, where appropriate, the relevant climate region be determined in addition by an authorised expert organisation of the Ministry of Agriculture. 29)
Provisions common and final
Decree No. 36 / 1987 Coll., adjusting certain details of the protection of the agricultural land fund, as amended by Decree No. 528 / 1991 Coll., is hereby repealed.
This decree shall take effect on the day of its publication.
Minister:
Ing. Benda CSc. v. r.
Příloha č. 3
Annex No. 3 to Decree No. 13 / 1994 Coll.
Content of the assessment of the expected consequences of the proposed land planning documentation solution on the agricultural land fund
1. The evaluation of the expected consequences of the proposed solution of the land planning documentation for the agricultural land fund shall consist of a text, table and graphic section. The graphic part shall be processed in a separate supplementary drawing, the basis of which is the scale maps used for the main drawings. The scope and accuracy of this evaluation and the representation shall be determined by the level and category of planning documentation processed.
2. The evaluation referred to in point 1 shall be further broken down according to the proposed functional use of the land on the individual areas (sites) on which the forward development projects are to be considered and shall include:
2.1. Data on the total size of the areas required and the share of land belonging to the agricultural land fund, data on the type of land (culture) of the land concerned, data on the inclusion of agricultural land in Bonized Soil Organic Units and priority levels in protection,
2.2. Data on investments made in land to improve soil fertility (melioration and irrigation facilities, etc.) and their expected breach,
2.3. Data on the sites and buildings of agricultural primary production and agricultural holdings and their expected infringement;
2.4. Data on the organisation of the agricultural land fund in the territory, the measures to ensure the ecological stability of the landscape and the relevant facts resulting from the approved land-use adjustment proposals and their suspected infringement;
2.5. an indication of the progress of the territorial districts of municipalities and the boundaries of the cadastral territories;
2.6. Justification why the proposed solution, compared with other possible solutions, is the most advantageous in terms of the protection of the agricultural land fund and other legally protected general interests,
2.7. In the case of resident services and zones, a description of the progress of the borders of the concurrently established territory of the municipality on the date of processing of the concepts of the land planning documentation, the boundaries of the land holdings of individual legal and natural persons, the routes of basic agricultural special purpose roads and territorial and ecological projects resulting from approved land modification proposals and, where appropriate, the indication of their suspected infringement.
3. If the planning documentation includes the territory in which the previously established mining area is situated, or the protected bearing area, 30) where the extraction area has not yet been established, its processor shall, when assessing the consequences of the proposed solution on the agricultural land fund, only:
3.1 indicates in the graphic part of this evaluation its boundaries,
3.2 shall indicate in the table part of this evaluation the aggregate area of land belonging to the agricultural land fund situated on it,
3.3. The text section of this evaluation shall contain the necessary details and details.
4. According to point 3, no action shall be taken in respect of areas (sites) for mining (mining) of minerals for which the extraction area is not specified. 30)
Příloha č. 4
Annex No. 4 to Decree No. 13 / 1994 Coll.
Content of the evaluation of the expected consequences of the design for setting the conquest area on the agricultural land fund
1. The evaluation of the expected consequences of the proposal for the setting of the conquest area on the agricultural land fund shall consist of a text, tabular and graphic section. Its scope and accuracy are determined according to the method of mining minerals (surface, quarry, mining, etc.) and the size of the conquest space to be determined on the basis of the results of the geological survey.
2. The evaluation referred to in point 1 shall be carried out for the entire area of land belonging to the agricultural land fund on which the extraction area or its separate parts are to be determined, as well as for the areas (s) of such land, which should be affected by its consequences in the case of mining of minerals (e.g. by location of drains, drains, drains, construction and transport projects). This evaluation shall include the elements listed in Annex 3, point 2, taking into account the differences resulting from the solution to the proposal for the establishment of the contiguous area, and a study of the intended methods, objectives and procedures for carrying out the reclamation of the land concerned by the contiguous contiguous contiguous contiguous to the contiguous contiguous contiguous contiguous contiguous contiguing, or, where appropriate, a preliminary proposal for a special regime for the implementation of this reclamation.
Příloha č. 5
Annex No. 5 to Decree No. 13 / 1994 Coll.
Content of evaluation of the consequences of the proposed location of buildings on the agricultural land fund
1. The evaluation of the consequences of the proposed location of buildings on the agricultural land fund shall be carried out for the entire area of land covered by the agricultural land fund, which shall be affected by the intended construction and related actions, in accordance with the solutions contained in the relevant building documentation necessary for the territorial decision, and shall include a text, tabular and graphic section. The graphic part of this evaluation is based on copies of the cadastral maps in scale corresponding to the area of construction, but not more than 1: 5000.
2. The evaluation referred to in point 1 shall include:
2.1. In the text part
2.1.1. basic data on the intended construction, justification of its needs, function and significance,
2.1.2. Indication of whether the proposed solution is based on approved planning documentation or on approved planning documents, on proposals for aerial and ground lines, infrastructure, national waterways and waterways and their components, provided with the agreement of the competent authority for the protection of the agricultural land fund, and, where appropriate, on approved proposals for the establishment of mining areas, provided with the agreement of the competent authority for the protection of the agricultural land fund,
2.1.3. an overall assessment of the effects of the intended construction on the agricultural land fund;
2.2. In the table part, the list of parcels belonging to the agricultural land fund or parts thereof, broken down by land in the concurrently established territory of the municipality or outside that territory and to be withdrawn on a permanent or temporary basis in which the land is to be indicated
2.2.1. land data by land register (municipality, cadastral territory, partition number, type of land, ownership or rental),
2.2.2. land or parts thereof,
2.2.3. data on the classification of agricultural land in Bonized Soil Organic Units and, where appropriate, in priority conservation;
2.2.4. information on whether investments in land are built on the agricultural land concerned to improve soil fertility (melioration facilities, etc.),
2.3. In the graphic section of the plot
2.3.1. the progress of the boundaries of the intended removal from the agricultural land fund, broken down by whether the land is to be permanently or temporarily withdrawn;
2.3.2. areas on which land investments are made to improve soil fertility (melioration facilities, etc.),
2.3.3. the course of the borders of the concurrently established territory of the municipality, where that is considered by the nature of the case,
2.3.4. the course of the borders of the soil-protected ecological units and, where necessary, the degree of priority in protection, where appropriate,
2.3.5. showing the different types of land (culture) belonging to the agricultural land fund according to the cadastral, if necessary,
2.4. Also as a separate part
2.4.1. the balance of the cover of the upper cultural layers of the soil (e.g. ornias, hard layers) and the further-imposed fertilisation of capable earths and the plan for their relocation and economic exploitation by spreading on other specifically defined parcels or by storing for other specifically defined purposes, including reclamation measures;
2.4.2. the recovery plan, if the land is to be reclamated after the end of the withdrawal purpose for non-agricultural use, with the graphic part, in addition to the text and table part, showing the facts relevant for their assessment, approval and future implementation.
Příloha č. 6
Annex No 6 to Decree No. 13 / 1994 Coll.
Content of the assessment of the impact of the proposed mining (mining) of minerals on the agricultural land fund
1. Evaluation of the consequences of the proposed mining (mining) of minerals shall be carried out for the whole area of land belonging to the agricultural land fund, which shall be affected by:
1.1. In the case of a surface (quarry) method of extraction of coal and lignite in the areas of concentrated conquest within a specified conquest area over a period of five years,
1.2. In the case of surface mining for construction or industrial purposes over a period of 10 years; it is not decisive whether the extraction is to be carried out within a specified contiguous space or on bearings for which the contiguous space is not specified;
1.3. In the case of the deep mining of minerals, the construction of mining and operating facilities, and for the exposition of this land on land for which it is possible to assume that they are destroyed within the specified mining area due to the degradation of the terrain due to the extraction of the bearing or other causes.
2. The evaluation referred to in point 1 shall include a text, tabular and graphic section. The graphical part of this evaluation is based on copies of the cadastral maps in scale corresponding to the area of the intended extraction and related actions, but not more than 1: 5000. Annex 5 shall apply mutatis mutandis to the contents of its parts, with the following differences:
2.1. The content of the text part referred to in point 2.1 of Annex 5 shall relate to the intended mining (mining) of minerals,
2.2. The text part referred to in point 2.1.2 of Annex No 5 shall indicate whether the proposed solution is based on specified conquest areas with the agreement of the authorities for the protection of the agricultural land fund or, where appropriate, on approved land planning documents or on approved land planning materials, if the location of actions related to the intended mining activity is concerned,
2.3 an overall assessment of the effects of the intended extraction (mining) and related actions on the agricultural land fund shall be carried out in the text section referred to in point 2.1.3 of Annex No 5, and, in the case of a deep-sea conquest, an indication of the period in which and the extent to which the effects of the extraction of the terrain, the nature of such destruction and the measures which may be taken may be obliterated,
2.4. in the graphic section, in addition to the particulars referred to in points 2.3.1 to 2.3.5 of Annex 5, the following shall be shown:
2.4.1. for the quarry (surface) method of extraction of coal and lignite and for the surface method of extraction of other minerals, the outline of the boundaries of the individual stages of the extraction process during the proposed period with the determination of the order of time and, where appropriate, of the stages of implementation of the actions relating to its own mining activity;
2.4.2. in the case of deep-sea mining (mining) of minerals, the outline of the boundaries of the areas (sites) expected to destroy the terrain as a result of the effects of mining, indicating the likely period of their formation;
2.5. the recovery plan referred to in point 2.4.2 of Annex No 5 shall also include a proposal for a special regime for its implementation with regard to the timing and termination of the works, provided that the specific reasons for this are similar to those for the quarry (surface) extraction of coal and lignite, and, exceptionally, for the surface (mining) extraction of ceramic clay and kaolin, if its implementation is similar to those for the quarry (surface) extraction of coal and lignite.
Příloha č. 7
Annex No 7 to Decree No. 13 / 1994 Coll.
Content and method of processing the land recovery plan withdrawn from the agricultural land fund for certain non-agricultural purposes
The recovery plan shall include:
1. the technical part in which the quantity of hidden soil and the way in which it is used, the objective and manner in which the land is to be groomed, soils and drains, including the preparation of land for biological reclamation, water treatment, melliorative measures and the way in which access and operating roads are built,
2. the biological part in which the melliorological rotational process, fertilisation intensity and recovery target should be indicated,
3. the time process of technical and biological reclamation;
4. the cost of carrying out reclamation,
5. map supporting documents indicating the data defined in points 1, 2 and 3, field profiles before and after reclamation, including the connection of the reclamated area to the surrounding terrain.
1) § 30 of Decree No. 26 / 1972 Coll., on the protection and development of natural medical baths and natural medical resources.
2) Act No. 114 / 1992 Coll., on the conservation of nature and landscape, as amended. Decree No. 395 / 1992 Coll., implementing certain provisions of the Czech National Council Act No. 114 / 1992 Coll., on the conservation of nature and landscape.
3) Act ČNR No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law).
4) Sections 8 and 9 of the ČNR Act No. 284 / 1991 Coll., on Land Adjustments and Land Offices, as amended.
5) Paragraph 19 (3) of Decree No. 84 / 1976 Coll., on Territorial Planning Documentation and Territorial Planning Documentation, as amended.
6) Article 126 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
7) § 13 (2), § 14 (d), § 15 (d), § 16, § 17 (a) of the Law.
8) Paragraph 5 (1) of the Act.
9) Paragraph 5 (2) of the Act.
10) Act No. 50 / 1976 Coll., as amended. Decree No. 84 / 1976 Coll., as amended.
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Regulation Information
| Citation | Decree of the Ministry of the Environment No. 13 / 1994 Coll., adjusting certain details of the protection of the agricultural land fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.01.1994 |
|---|---|
| Effective from | 24.01.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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