Act of the Slovak National Council No. 135 / 1974 Coll.
Law of the Slovak National Council on State Administration in Water Management
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Effective from 01.04.1975
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135
THE LAW
Slovak National Council
of 19 December 1974
on State administration in water management
The Slovak National Council decided on this law:
Water authorities and their responsibilities
Water authorities
State administration in the water management sector under the Water Act (1) and this Act, as well as the tasks laid down by the regulations issued thereunder, shall be carried out by the water management authorities which:
(a) national committees;
(b) the Ministry of Forestry and Water Management of the Slovak Socialist Republic as the central water authority of the Slovak Socialist Republic (hereinafter referred to as the Ministry).
Regional National Committees
The powers of the water authorities under the Water Act shall be exercised by the district national committees, unless the Water Act or that Act confers upon other authorities.
Local (urban) national committees
(1) Local (urban) national committees
(a) regulate, restrict or prohibit, where appropriate, the general use of surface water in accordance with Article 5 (3) of the Water Act, except for border flows, water in ponds or other fishing vessels;
(b) restrict or otherwise regulate the supply of drinking water or, where appropriate, the use of drinking water in the absence thereof, and decide in disputes on the priority determination of drinking water from public water pipelines pursuant to Article 30 (3) of the Water Act;
(c) impose measures to remedy a defect in cases where such measures do not require authorisation on those persons who harm public sewerage or public water supply or, where appropriate, jeopardise their operation.
(2) Local (urban) national committees, on the basis of mandates of the Regional National Committee, issued after consultation with the relevant District National Committee in cases where conditions are required and are not border flows,
(a) authorise the collection and other use of surface water and groundwater pursuant to Article 8 (1) (a) and (b) of the Water Law for the needs of individual citizens (households), as well as the establishment, modification and abolition of water works related to such collection;
(b) permit buildings to drain land to an area of 5 hectares;
(c) take decisions in cases where they are competent to authorise a waterworks and in other water-related matters relating to that waterworks;
(d) decide in disputes on the establishment or, where appropriate, the cancellation of a connection to a public water pipeline or to a public sewerage for individual residential buildings, provided that the connection is not a waterworks;
(e) agree pursuant to Article 13 of the Water Act on construction, installations and, where appropriate, activities in flood areas, protected areas of natural water accumulation and protection zones, for the construction of individual residential buildings, small buildings as well as for land and terrain arrangements not affecting drains, not including those referred to in Article 13 (1) (a) or (b) of the Water Act;
(f) they are expressed in accordance with Section 14 of the Water Act in cases where they are competent to issue permits or consent.
(3) In the cases referred to in paragraph 1, regional national committees may reserve their decision-making, in particular if there are more local (urban) national committees for territorial districts.
Regional National Committees
(1) The Regional National Committees allow:
(a) discharges of waste water into surface or groundwater
1. from hospitals and other health facilities,
2. from centrally managed industrial organisations and from agricultural organisations,
3. public sewerage in the cases and extent listed in the Annex to this Act;
in the cases referred to in points 1 and 2, permit the associated collection of waters,
(b) the collection of groundwater and surface water for public water pipelines which exceed the territory of one district or affect the interests of several counties;
(c) the collection of water for the irrigation of parcels in an area over 1000 hectares;
(d) the collection and other management of water of particular importance in terms of national water balance in cases determined by the Ministry; if the water is not taken for public pipelines, they also allow the associated waste water discharge,
(e) the retention of surface water in tanks with a total volume of more than 1 000 000 m3 or the height of the dam body above 8 m from the bottom of the base discharge, including water works and equipment enabling the use of water;
(f) flood protection structures in excess of the territory of one district and waterworks on waterways (2) established for navigation purposes or affecting conditions of navigation;
(g) water-management works of drainage systems in an area over 2000 hectares;
(h) water works which allow the treatment of waters for which authorisation by the Regional National Committee is required.
(2) The Regional National Committees shall decide:
(a) in cases where they are competent to authorise a water works, and in other water-related matters relating to that water-works and, where appropriate, the authorised treatment of water;
(b) in water management matters of border flows after consultation with the Ministry and where the decision has an impact on the course, nature or designation of the State border, including with the Federal Ministry of Interior.
(3) Regional National Committees
(a) manage and guide the water management, protection and other water management matters in the region, within the scope and in the manner laid down by this law by the national committees;
(b) establish flood areas for waterborne watercourses in cases which they reserve after consultation with the relevant national committees;
(c) approve sewerage schedules for public sewerage for which waste water discharge is permitted;
(d) give consent under Paragraph 13 (1) of the Water Act to construction, equipment and activities, where applicable, if carried out on waterways;
(e) they shall be expressed in accordance with Article 14 of the Water Act in cases where they are competent to issue permits or consent; in the case of border flows, express themselves after consultation with the Ministry;
(f) keep records of water flows and propose to the Ministry their administrators;
(g) in exceptional circumstances, in particular in the absence of water and in the event of an emergency deterioration of water quality, take measures falling within the competence of the national committees of the lower grade in cases exceeding the territorial scope or the possibilities of the national committees of the lower grade.
Ministry of Forestry and Water Management of the Slovak Socialist Republic
Ministry
(a) manage the performance of the public administration on the water sector;
(b) ensure the protection of the natural accumulation of water and water resources, the protection of watercourses, the protection of the quality of surface water and groundwater, as well as the disposal and, where appropriate, the reduction of existing pollution;
(c) carry out an analysis of the state of use of water resources, maintain a balance between the capacity of water resources, the need for and consumption of water and the most economical and efficient use of water resources in terms of the needs of the national economy and ensure that they are recorded;
(d) plans and directs water management and complements the indicative water management plan and ensures the application of its water management principles;
(e) designates, on a proposal from the Regional National Committees, managers of small-scale watercourses and ensures the management of watercourses of major importance through its managed state water management organisations;
(f) provides a hydrological service and a hydrological survey;
(g) ensure the navigability of watercourses and the construction of waterways;
(h) manage the preparation and construction of water works systems,
(i) it is expressed in accordance with Section 14 of the Water Act on centrally assessed buildings, where I have a decisive influence on water management, water protection or flood protection;
(j) manage, in subordinate organisations, basic and applied water and water development within the framework of the single state scientific and technological policy;
(k) carry out top water surveillance;
(l) approve the comprehensive rules of handling of water works systems affecting the water economy in the territorial districts of several regional national committees;
(m) decide in doubt the scope of the obligations and, where appropriate, the authorisation of watercourses managers, unless it is a decision under administrative rules;
(n) lay down in more detail the tasks of the various water-management authorities provided for by this law by means of a general law.
Local jurisdiction of water authorities
(1) The local jurisdiction of the water authorities to issue permits for the management of waters, water works and certain activities under Sections 8 to 10 of the Water Act is governed by the place of work and, where appropriate, by the place of activity.
(2) Where there is a waterworks authorised by the Regional National Committee in the territory of several counties of the same region, the Regional National Committee shall be responsible, in whose territorial district the bulk of the water works is situated. In doubt as to which district is the bulk of the water works, the jurisdiction of the Regional National Committee shall be determined and, if the counties are in several counties, the jurisdiction of the participating Regional National Committees shall be determined by mutual agreement; If no agreement is reached, the jurisdiction of the Ministry shall be determined.
(3) Where there is a water works for which the regional national committee is responsible in the territory of several regions, the regional national committee shall be responsible, in whose territorial district is the bulk of the water works. In doubt about the region in which the bulk of the water works is located, the Ministry shall determine the jurisdiction.
Concentrations of authorisations of water management authorities of different stages
Where the same applicant requests the simultaneous issue of several authorisations for which the competent water-management authorities are of different degrees, the water-management authority of the highest degree shall decide to issue such authorisations. The Ministry may adapt the details by means of a generally binding legislation.
Indicative water management plan and protection of water management interests
Setting up and supplementing the indicative water management plan
(1) The indicative water management plan is drawn up and supplemented by the Ministry, in cooperation with the central authorities involved, in order to be consistent with the prospects for the development of the various sectors of the national economy and with the protection of the environment.
(2) The Ministry may entrust the lower water authorities with the processing of documentation for the preparation and addition of the indicative water management plan. The Ministry and, where appropriate, the management bodies and water management bodies may require those with water requirements or affecting water management and, where appropriate, its quality to communicate to them, free of charge, the information necessary for drawing up and supplementing this plan, or they may seek such information from them.
(3) The Ministry is drawing up, within the framework of the indicative water management plan, a national water management balance which includes an evaluation of the stocks of surface and groundwater, their quality and the current and possible use; laying down the principles of annual and multiannual water management in each river basin and determining the necessary indicators, in particular the minimum water flow indicators in water flows and indicators of the need, consumption and, where appropriate, the quality of water when handling water. When establishing minimum flow indicators in water flows, it shall take into account the needs of water users, including navigational needs and the protection of the company's important interests.
(4) The Ministry may entrust the lower water authorities to identify, according to the principles set out by it, indicators for each sub-basin or, where appropriate, water-courses.
(5) The supply of surface water and groundwater and their quality shall be recorded and evaluated in a balance sheet by the organisations entrusted with the Ministry, in accordance with the directives issued by the Ministry after consultation with the relevant central administration.
Protection of the water and other important interests of the company
The water authorities are obliged to base their decisions, expressed and implementing other measures on the water economy from the indicative water management plan, in particular from the state water management balance, to comply with the principles of annual and multiannual water management in each river basin and to ensure the protection of the environment and other important interests of society.
Water surveillance
Water surveillance of national committees
(1) The national committees shall ensure compliance with the provisions of the Water Act, this Act and the provisions issued on their basis and shall, to the extent of their competence, impose measures to address the deficiencies identified.
(2) National committees shall, in particular, keep a constant eye on compliance with decisions made by them, the provisions of the Water Law for the protection of waters, including their quality, the maintenance of the water works in good condition and the operation of the approved sewerage, handling or operating rules.
(3) National committees may require the cooperation of authorities which monitor the quality and health of waters, nature conservation bodies, national economic management bodies for agriculture, fisheries and, where appropriate, other bodies, as well as social organisations active in these sections, when carrying out water surveillance. After consulting such organisations, they may delegate certain tasks to their members, in so far as they are not a decision in matters of public administration.
(4) National committees shall, as part of the water management supervision, carry out technical security surveillance on water-based components whose condition could jeopardise the safety of persons or property. In doing so, they are particularly concerned about how the administrators (owners, users) of these works provide technical and security supervision and how they implement the necessary measures to ensure their safety.
(5) The Ministry may provide for a generally binding legislation on the way in which water management is carried out by national committees, as well as for professional technical security oversight where it is not carried out by an organisation entrusted under Paragraph 41 (1) (c) of the Water Act or if the water works are under construction.
Top water surveillance
(1) The Ministry oversees the implementation by the lower water management authorities of the provisions of the Water Act, this Act and the regulations issued on their basis.
(2) In the framework of the top water management supervision, the Ministry also monitors the compliance of the authorities and organisations with the provisions of the Water Law on the Protection of Water and the Regulations issued on the basis of it, the compliance of the decisions of the water authorities, the fulfilment of its obligations by the water managers (owners, users) and watercourses managers and the performance of the tasks of the organisation entrusted by the Ministry under the Water Act or this Act. It may impose the necessary measures to eliminate deficiencies.
Slovak water control inspection
(1) The Slovak Water Inspection Agency establishes the Ministry as its expert inspection body on water quality protection and water management. The Slovak water inspection shall carry out the tasks referred to in Article 11 (2) within the framework of the top water surveillance to the extent specified by the Ministry.
(2) The Slovak Water Control Agency is cooperating with the national committees in the performance of its tasks and provides them with technical assistance.
(3) The Slovak water inspection proposes to the water authorities the imposition of fines and measures to remedy the deficiencies identified.
Authorisation of persons exercising water surveillance
In the performance of their tasks, persons supervising pursuant to Sections 10 to 12 shall be entitled to enter land, plant, plant and object, unless it is necessary to do so under specific regulations, to carry out the necessary surveys, to require the necessary data and explanations and to consult the relevant documents; in so doing, they shall be required to maintain national, economic and professional secrecy as to the facts which they have learned in their activities and to report themselves to the authority from which they are authorised to supervise.
Procedure and water registration
Management
(1) Save as otherwise provided for in this law, the water authorities shall, in proceedings relating to matters governed by the Water Act or by that Act (hereinafter referred to as "the Water Law Procedure '), proceed in accordance with the Administrative Rules (3) or (4) if the decision on the establishment, modification or abolition of the Water Works is taken.
(2) The application for a decision shall be accompanied by documents containing the information relevant to the assessment of the scope of the decision requested for water management. If there is an application for an authorisation, which is at the same time a decision on the admissibility of the construction, (5) the documents to be attached to the application for such a decision under the building rules must also be attached. The applicant shall submit further documents and, where appropriate, opinions on the impact of the requested decision on other legitimate interests at the request of the water operator.
(3) By decree, the Ministry shall specify in more detail in which cases and which documents the applicant for a decision is required to submit as well as other details of the issue of authorisations, endorsements and observations.
(4) Where the water law governing the use of agricultural or forestry land used by a socialist agricultural or forestry organisation is concerned, only those organisations are involved in the water authorisation procedure.
(5) The water authority shall also be a participant in the water authorisation procedure or in the agreement of the water authority concerning the water flow manager.
(6) In cases where the decision of a water operator may affect the water management situation in the territorial districts of several local (urban) national committees, the water operator shall also notify the date and subject matter of the oral hearing by a public decree to those national committees. It shall invite in writing all known parties to the proceedings.
(7) An invitation to oral proceedings shall be delivered by the water operator to the tenderer in his own hands no later than 8 days, in more complex cases no later than 30 days before the date of oral proceedings. During this period, the orders for notification of oral proceedings referred to in paragraph 6 shall also be published.
(8) Where a decision affects the water management situation or the quality of the waters in the vicinity of another water management authority, or where the water management work decided on is partly within the territorial area of another water management authority, the competent water management authority shall decide in substance and locally after consultation with the water management authorities whose territorial areas are concerned by the decision.
(9) In simple cases, in particular where it is possible to decide on the basis of documents submitted by the party to the water authorisation procedure, the water authority shall take a decision without delay. In other cases, it shall decide no later than 60 days, in particularly complex cases no later than 3 months after the opening of the water authorisation procedure. If, in view of the nature of the case, it is not possible to rule within that period, the period may be extended accordingly by the appeal authority.
(10) The water authority may deliver the decision to the parties, with the exception of the applicant for authorisation and the water flow manager and, where appropriate, the objector, by means of a public decree on the local (urban) national committees in whose districts the interests of the parties are affected.
(11) Where a water operator issues several authorisations at the same time to the same applicant, it may do so in a single decision.
(12) Where the water-based or other important interests of the company so require, the water-based authority may, in a new water-based procedure, amend or revoke other decisions taken in connection with an authorisation which has been amended or revoked.
(13) The costs of expert opinions in the water authorisation procedure initiated by the applicant for authorisation shall be borne by the applicant.
(14) The measures taken by the water authorities pursuant to Articles 5 (3), 16 (1) and 30 (3) of the First Water Act shall, as a general rule, be declared by a public decree or other at the place in the usual manner.
Water registration
(1) Water authorities are required to keep records of authorisations, endorsements, observations and other decisions issued by them.
(2) The details of the management and scope of the water register shall be laid down by the Ministry, which may also be entrusted by the organisations managed by it or, where appropriate, by certain water authorities, by the management of the summary water register.
(3) If no authorisation is required under the special rules, the competent authority of the Member State concerned shall be entitled to inspect the register.
Racing and business water operators
(1) Organisations taking or otherwise using water or discharging waste water, or, where appropriate, special waters of a quantity and quality above the standards laid down by the Ministry in agreement with the competent central authorities, are required to designate qualified personnel (factory and business water operators) to ensure professional management and treatment of waste water. Similarly, qualified staff shall be designated by the organisations and bodies superior to those organisations and their central authorities.
(2) The details of the identification, activity and qualifications of the staff referred to in paragraph 1 are laid down by the Ministry by means of a decree in agreement with the competent central government authorities.
Flood protection
General obligations for flood protection
(1) At the time of flood risk and at the time of flood, the authorities, organisations and citizens are required, at the request of the competent flood authorities, in particular:
(a) provide means of transport and mechanisation, propellants, tools and other necessary means;
(b) participate, as far as possible and in the efforts to protect and save people and property at risk of flooding;
(c) suffer from the removal of structures, parts or crops.
(2) The flood authorities shall impose the obligations referred to in paragraph 1 only to the extent necessary.
Management of flood protection
(1) The following flood authorities are responsible for flood protection:
(a) the Ministry of Interior, the Ministry of the Slovak Socialist Republic and the National Committees;
(b) Central flood committee and flood committee of national committees.
(2) The Ministry shall direct and control the preparation and implementation of flood protection work. The Ministry of Interior of the Slovak Socialist Republic controls and controls the preparation and implementation of flood rescue work. National committees shall take preventive measures to protect against floods in their territorial districts; organise and manage rescue work.
(3) The Ministry and the Ministry of Interior of the Slovak Socialist Republic cooperate in matters of flood protection. Other bodies and organisations cooperate with flood authorities and assist them in ensuring flood protection.
(4) The Central Flood Commission coordinates and controls the preparation and implementation of preventive measures by central authorities and national flood protection committees; approve complex flood plans. The Central Flood Commission, at a time of flood risk and at a time of flood threatening large areas, is not sufficient to take the necessary measures and to manage, coordinate and control fully the protection against floods at border flows (safety and rescue work),
(5) The Central Flood Commission is established by the Government of the Slovak Socialist Republic (hereinafter referred to as "the Government '), which also approves the Statute of the Commission. The Chairman of the Commission is the Minister of Forestry and Water of the Slovak Socialist Republic and Vice-Minister of Interior of the Slovak Socialist Republic.
(6) The water commission of the national committees, at the time of the risk of flooding and at the time of the flood, manages, coordinates and controls the protection against flooding in the territorial district of its national committee.
(7) The Board of Appeal of the National Committee sets up a plenary session of the National Committee; The chairman of the Commission shall be the chairman or vice-chairman of the National Committee. The Board of the National Committee shall be chaired by the Board of Appeal; The Commission shall also be subordinate to the flood committee of the national higher-level committee and, if the flood committee of the regional national committee is concerned, shall be subordinate to the central flood committee if, at the time of the flood risk and at the time of the flood, it does not take full control over the flood management committee of the national higher-level committee, or if the flood committee of the regional national committee, the central flood committee.
(8) The Central Flood Commission and the flood committee of the national committees at the time of the risk of flooding and at the time of the flood may issue orders for the implementation of the measures necessary to ensure protection against flooding. These orders are not decisions under the administrative order.
Prediction, reporting and warning flood service
(1) The authorities, organisations and citizens are obliged to report without delay the risk of flooding to flood authorities.
(2) The authorities and organisations, in particular those providing telecommunications services, are required to ensure, as a matter of priority, communication of reports and reporting of forecast and reporting flood protection services.
Costs of flood protection measures
(1) The institutions, organisations and citizens shall bear the costs of their own measures to protect their property (assets under their administration or use) from flooding.
(2) The costs of watercourses and waterworks are borne by their administrators (owners, users). The costs of rescue work, other than those referred to in paragraph 1, shall be borne by the District National Committees in accordance with the special regulations issued by the Ministry of Finance of the Slovak Socialist Republic in cooperation with the relevant central government bodies.
(3) In an agreement with the Ministry of Finance of the Slovak Socialist Republic, the Ministry may determine in which other cases and against whom it is entitled to reimbursement of the costs incurred by those who, at the request of the flood authorities, carried out measures to protect against floods.
Compensation for damage caused by measures to protect against flooding
National committees shall pay citizens the damage they incur as a result of activities and measures to protect against flooding; (6) The competent national district committee shall decide on the compensation of such damage and shall pay compensation.
Implementing rules
The details of the implementation of flood protection, in particular the tasks and cooperation of authorities, organisations and citizens in the floods, shall be adapted by the Government by the Regulation.
Water Guard
(1) The water-management authorities, on a proposal from water-courses managers or water-works managers (owners, users), provide water-works for protection of water, water-courses and water-works managers. The water guard may also be established on a proposal from the social organisation. The costs of water guards shall be borne by the administrators (owners, users) and the social organisations on whose proposal the water guards have been appointed. In exceptional cases, if the protection of the company's important interests so requires, the competent water management authority may require the administrator (owner, user) to submit a proposal for the provision of a water guard.
(2) In the exercise of protection, a member of the Water Guard is entitled to enter and notify to the water authority which has established the water authority in breach of the provisions of the Water Law on the Protection of Water, Watercourses and Water Works, unless it is required to do so under special regulations. A Water Guard Member shall be entitled to impose fines in block proceedings in accordance with special regulations.
(3) The Water Guard may request the cooperation of the National Security Corps in the performance of its tasks, provided that they cannot be implemented by its own forces or resources. The Water Guard is obliged to wear a service badge with a state emblem in the performance of its duties.
(4) In agreement with the Ministry of the Interior of the Slovak Socialist Republic, the Ministry will determine, by a generally binding law, the water authorities which provide for water guards, as well as other details of the provisions of the water guard, in particular the composition of the promise, the external designation of its members and the exercise of protection.
Fines
(1) The water authorities impose fines on organisations which infringe the obligations laid down in this law or, where applicable, under the conditions laid down by the Government. The water authorities impose fines on workers of such organisations who have committed infringement of the obligations of organisations in the absence of a criminal offence or offence under conditions laid down by the Government. The amount of the fine may not exceed three times its average monthly earnings for an organisation worker. 7)
(2) The imposition of a fine on the organisation shall not affect the criminal liability of its workers and the liability of the organisation under the rules on compensation. Where a worker has been fined in accordance with paragraph 1, he may not be fined under other rules.
(3) The fines imposed under the Water Act and this Act are the income of the budgets of the national committees.
Final, transitional and repeal provisions
The water authorities shall cooperate with the competent authorities of the State in the measures provided for in the Water Act and this Act, as well as with the rules issued on their basis.
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Regulation Information
| Citation | Act of the Slovak National Council No. 135 / 1974 Coll., on State Administration in Water Economy |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1974 |
|---|---|
| Effective from | 01.04.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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