Act No. 14 / 1998 Coll.
Act amending and supplementing Act No. 138 / 1973 Coll., on Water (Water Act), as amended
Valid
Effective from 06.03.1998
14
THE LAW
of 7 January 1998
amending and supplementing Act No. 138 / 1973 Coll., on Water (Water Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 138 / 1973 Coll., on Water (Water Act), as amended by Act No. 425 / 1990 Coll. and Act No. 114 / 1995 Coll., is amended as follows:
1. In Article 1, the following sentence is added at the end: "The protection and conservation of water resources is a public interest. '
2. in Paragraph 13 (1) (e), after the words "water accumulation (Paragraph 18)" and "shall be replaced by a comma and the following words shall be added at the end:" and in the water catchment areas. "
3. Paragraph 19, including Notes No 8a and 8b, reads as follows:
Protection zones
(1) Protection zones for the purposes of this Act are territories designated for the protection of the salinity, quality or health of surface or groundwater water sources intended for drinking water supply (hereinafter referred to as "water source").
(2) The protection zones are divided into first-degree protection zones which serve to protect the water source in the immediate vicinity of the storage or sampling establishment and second-degree protection zones which serve to protect the water source in the territories established by the water management authority so as to avoid endangering its performance, quality or health.
(3) The protection zones are to be established, amended or repealed by decision by the water authority on a proposal or on its own initiative. The date on which the decision of the water operator to establish or change the protection zone becomes final shall give rise to a material burden on the property concerned; the rights and obligations arising from the burden in kind shall be transferred to the legal successors of the beneficiaries. The application for the establishment of protection zones shall be submitted by those who apply for a permit to collect water from the water source, with the exception of water tanks where the design is required by the owner of the tank. The application for modification of the protection zones shall be submitted, in accordance with the need to ensure the protection of the quality, quality or health of the water source, by whoever is authorised to take water from that water source, with the exception of water tanks where the change proposal is submitted by the owner of the tank. The competent authority shall send a decision on the establishment, modification or cancellation of the protection zone to the competent cadastral office for the execution of an alert in the cadastral. (a)
(4) It is prohibited to carry out activities which threaten or harm the performance, quality or health of aquatic resources in protection zones. Those activities shall be determined by the water authority, after consultation with the authorities concerned, in the decision establishing or amending the protection zone referred to in paragraph 3. The Water Authority may also, in a decision to establish or amend protection zones after consultation with the authorities concerned, restrict the use of real estate and lay down conditions to protect the salinity, quality or health of the water source.
(5) The property owner or, where applicable, the person exercising the right to manage it under special rules, 8b) is entitled to compensation for the proven restriction on the use of the property in the protection zones.
(6) The costs associated with the technical adaptations to the protection zones and the compensation for the proven restriction on the use of real estate in the protection zones shall be borne by the person who is authorised to take water from the water source for which protection zones are established, with the exception of water tanks, where those costs and refunds are borne by the owner of the water tank.
(7) If the property owner or, where applicable, the person exercising the right to property under the special rules does not agree on the amount of the property, 8b) and whoever is required to provide compensation for the proven restriction on the use of property in the protection zones (paragraph 6), the court shall decide on the amount of the property on the application of the property owner or the person exercising the right to property under the special rules, 8b) or whoever is obliged to provide the compensation.
(8) By decree, the central water authority of the Republic sets out the list of water tanks and the principles for establishing and amending protection zones.
8 (a) § 7 of Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended by Act No. 90 / 1996 Coll. § 5 (3) (b) of the Act ČNR No. 344 / 1992 Coll., on the cadastral property register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll.
8b) For example Federal Ministry of Finance Decree 119 / 1988 Coll., on the Management of National Property, as amended. '
4. In Section 21, the words "(§ 19 (3)) 'are replaced by" (§ 19 (6)'.
5. In Paragraph 23 (1), the dot is deleted at the end and the following words are added: "and measure the volume of discharges and the level of pollution in accordance with the conditions laid down in the decision of the water operator. The results of these measurements shall be transmitted to the water authority which issued the decision. The Water Authority may, by decision, impose a location and method of measuring the volume of waste water discharges and the level of their pollution and determine the frequency of submission of the results of such measurements. ';
6. Paragraph 23 (2) to (4), including footnote 10a, read:
"(2) When authorising discharges of waste and special waters (Section 8), the water management authority shall be bound by the provisions of this Act, by indicators of the permissible degree of pollution of water and other legislation. 10a)
(3) The Government of the Republic of Moldova, by means of a regulation, sets out the parameters for the permissible pollution of waters and their values and sets out the cases where waste and special waters with higher levels of the parameters for the permissible degree of pollution of waters may be discharged by decision of the water authority.
(4) Where the necessary interests of water protection so require, the water authority may determine the values of the parameters of the permitted degree of water pollution lower or, where appropriate, other indicators and their values. For a limited period of time, the Water Authority may authorise discharges of waste and special waters with higher levels of parameters of the permissible degree of pollution of water. The water-management authority shall act in accordance with a government regulation issued pursuant to paragraph 3.
10a) E.g. Act No. 20 / 1966 Coll., on the care of people's health, as amended. '
7. Paragraph 27, including Notes 10b to 10f, reads as follows:
Measures to remedy
(1) The water-management authority shall impose an obligation on those who, by means of an illegal discharge of water (10b) or the illicit disposal of harmful water10b) of surface or groundwater pollution or thereby endanger their quality (hereinafter referred to as "the agent of the defective condition") to carry out measures to remedy the defect, in particular to prevent further pollution or to threaten the quality of surface and groundwater, as well as, where appropriate, measures to ensure replacement water collection (hereinafter referred to as "corrective measures").
(2) The water-management authority shall, as necessary, impose measures to remedy the acquirer of the property acquired in the manner specified in the specific legislation, 10c) and which is not the originator of the defective condition but whose assets thus acquired are bound by the defective condition. This is the case when the acquirer of the property has acquired it with the knowledge of the environmental burden and a special contract has been concluded with him (10d) or has been granted a discount on the purchase price due to the defective condition under the remedy measure. In this way, the water management authority shall continue to do so even if there is still a malfunctioning agent.
(3) The obligations arising from the measures imposed on the originator of the malfunctioning or the transferee of the assets referred to in paragraph 1 or 2 shall be transferred to their successor in title.
(4) If the remedy measure is not complied with by the person to whom the remedy measure has been imposed and if there is a risk of delay, its execution shall be ensured at the expense of the person to whom the remedy measure has been imposed by the competent water operator.
(5) Where a remedy measure cannot be imposed in accordance with paragraph 1 and where the case of legal succession referred to in paragraph 3 is not concerned and there is a risk of delay, the measures necessary to remedy it shall be ensured by the competent water operator. In this case, the water operator shall order the implementation of measures to remedy a legal person or a natural person operating under special rules, 10e) which is competent and technically competent to implement measures to remedy them. The party to the proceedings shall be the only person who: the appeal against that decision shall not have suspensory effect.
(6) The costs of implementing the remedy measure are borne by the person to whom the remedy measure has been imposed. In the case referred to in paragraph 5, those costs shall be borne by the competent district authority.
(7) The owners (users) of the property on which the malfunctioning is held or the assets of which must be used for the removal of the malfunctioning and which are not those to whom the remedy measure has been imposed are obliged to suffer the implementation of the remedies imposed or ordered by the water authority. To this end, they shall, in particular, be obliged to allow entry into, or entry into, their real estate and to suffer restrictions on the normal use of real estate.
(8) Special regulations apply for entry or entry into the premises and facilities of the Army of the Czech Republic, Police of the Czech Republic, Security Information Services and Prison Services of the Czech Republic. 10f)
(9) In the cases referred to in paragraphs 4 and 5, the person to whom the remedy measure has been imposed and the water authority, in the cases referred to in paragraphs 5 and 4, are obliged to make the most of the rights of the owners (users) of the property concerned and to notify them in advance of any restrictions on the normal use of the property. On completion of the corrective measures, those to whom corrective measures have been imposed shall, at their cost, be obliged to put the land in its previous state unless they have agreed otherwise with their owners; where the corrective measures are implemented pursuant to a regulation of the water authority referred to in paragraph 5, these costs shall be borne by the competent district authority.
(10) Compensation for property damage or restrictions on owners (users) in the implementation of remedies on foreign real estate shall be paid by the person to whom the remedies have been imposed. In the case referred to in paragraph 5, this compensation shall be paid by the competent district office. The right to compensation must be exercised with respect to the person to whom the remedy measure has been imposed or with the county authority concerned within six months of its establishment, otherwise it shall cease. This provision is without prejudice to the right to compensation.
10b) § 24 (b) and (c) of the ČNR Act No. 130 / 1974 Coll., on State Administration in Water Management, as amended by the ČNR Act No. 23 / 1992 Coll.
10c) Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended.
10d) § 10a paragraph 1 (h) of Act No. 92 / 1991 Coll., as amended by Act No. 210 / 1993 Coll.
10e) For example Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
10f) For example Act No. 169 / 1949 Coll., on Military Outages, as amended by Act No. 425 / 1990 Coll., § 22 of Act No. 40 / 1961 Coll., on the Defence of the Czechoslovak Socialist Republic. '
8. Article 32 (1) to (3) reads as follows:
"(1) Water flows of water-relevant and border water flows forming national borders shall be managed by professional and technically competent legal persons designated by the central water-management authority of the Republic. The list of watercourses of major importance for the water sector and the border watercourses forming the national borders shall be laid down by the Central Water Authority of the Republic by decree.
(2) The central water authority of the Republic of the Republic shall designate a legal person or natural person to whom the small water flows mainly serve or are associated with the activities of which they are primarily serving or are related as controllers of other water courses or, where justified, their water-integrated sections (hereinafter referred to as "small water flows'). Small watercourses may also be designated as managers in accordance with this paragraph by municipalities whose territorial circuits flow through small watercourses and who agree to this.
(3) A small water flow that has not been designated by the AIFM shall be managed by the water flow manager, the small water flow of which is the presence, until the AIFM is designated in accordance with paragraph 2. ';
9. Article 42 (2) reads as follows:
"(2) In order to ensure protection against flooding, each person shall be obliged to allow entry or entry, where appropriate, into his land and premises to those who manage, coordinate and carry out security or rescue work, to contribute, at the request of the flood authority, to the extent possible and to the extent possible, to personal and material assistance to protect human lives and property from flooding and to follow the orders of the relevant flood authorities. ';
10. § 42 is added to paragraph 3:
"(3) The Water Authority may, by decision, impose an obligation to process and determine the extent of a flood plan for flood-prone properties where they are located in the flood territory or deteriorate the flood. He to whom this obligation has been imposed by decision shall be obliged to process the flood plan to the extent specified. ';
1. For protection zones established by a final decision until the date of application of this Act, the provisions of § 19 (5) and (6) of this Act shall apply to cover the costs of technical adjustments and compensation for the proven restrictions on the use of real estate; the remuneration and compensation shall be due from the date of application of this Act.
2. The procedure for the establishment of protection zones initiated and pending by the date of application of this Act shall be completed in accordance with this Act.
They shall be deleted:
1. § 11 and 12 of Decree of the Ministry of Health No. 45 / 1966 Coll., on the creation and protection of healthy living conditions.
2. Directive of the Ministry of Health of the Czech Republic - main hygienist of the Czech Republic of 26 July 1979 No. HEM 324.2-1.9.1978 on basic hygiene principles for the determination, definition and use of protection zones of water resources intended for the bulk supply of drinking water and utility water and for the establishment of water tanks registered in the amount of 20 / 1979 Coll.
This Act shall take effect on the 30th day following its publication.
Zeman v. r.
Havel v. r.
Tošovský v. r.
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Regulation Information
| Citation | Act No. 14 / 1998 Coll., amending and supplementing Act No. 138 / 1973 Coll., on Water (Water Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.02.1998 |
|---|---|
| Effective from | 06.03.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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