Decree No. 140 / 2003 Coll.
Water planning decree
Valid
Order
Effective from 01.07.2003
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01.07.2003
20.05.2003
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140
DECLARATION
of 31 March 2003
on water planning
The Ministry of Agriculture, in cooperation with the Ministry of the Environment pursuant to § 24 paragraph 3 and in cooperation with the Ministry of the Environment and with the Ministry of Interior pursuant to § 25 paragraph 4 and § 26 paragraph 5 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act):
Subject matter
This decree sets out the content, method of processing, procedure of discussion and method of publication of the Plan of the main catchment areas of the Czech Republic, plans of river basin areas including the procedure for their award, as well as programmes of measures in accordance with European Community law. 1)
Definition of terms
(1) The Elbe (North Sea), the Odra (Baltic Sea) and the Moravia basin, including other catchment areas of the Danube (Black Sea) tributaries in the Czech Republic, are the main floods of the Czech Republic and the national parts of the international areas of the Elbe, Oder and Danube.
(2) The strongly affected body of water is a body of surface water which has a substantially altered character as a result of changes caused by human activity.
(3) The status of surface water shall be a general expression of the state of the body of surface water which is determined by the worse of its ecological or chemical condition as set out in Annex 1.
(4) The status of groundwater shall be a general expression of the status of the body of groundwater, which shall be determined by the worse of its quantitative or chemical condition as set out in Annex 1.
(5) The good condition of surface water is that of the body of surface water, where its organic and chemical status is at least good as specified in Annex 1.
(6) A good condition of groundwater is that of the body of groundwater, where both quantitative and chemical status is at least good, according to the relevant classification in Annex 1.
(7) The ecological status shall be the expression of the quality of the structure and function of the aquatic ecosystems associated with surface water according to the relevant classification in Annex 1.
(8) A good ecological condition is that of the surface water body according to the relevant classification in Annex 1.
(9) A good chemical status of surface water is the chemical status necessary to meet the environmental objectives for surface water, i.e. the chemical status of the body of surface water at which the concentrations of pollutants do not exceed the relevant environmental quality limits in Annex 1.
(10) The good chemical status of groundwater is the chemical status of the body of groundwater which fulfils all the conditions of the definition of good chemical status as set out in Annex 1.
(11) The quantitative state shall be the expression of the degree of influence of the groundwater body by direct or indirect sampling as set out in Annex 1.
(12) A good ecological potential is that of a heavily affected or artificial body of water according to the relevant classification in Annex 1.
(13) The protected area is for the purposes of this Decree the territory defined in the provisions of Sections 28, 30 to 34 and 35 of the Water Act.
(14) The environmental objectives of water planning are:
(a) for surface waters
1. preventing deterioration of all surface water bodies;
2. ensuring protection, improvement and restoration of all surface water bodies in order to achieve good surface water status;
3. ensuring the protection and improvement of the condition of all artificial and heavily affected aquatic bodies in order to achieve good ecological potential and good chemical status of surface water;
4. Targeted reduction of pollution by hazardous substances and the cessation or gradual elimination of emissions, discharges and releases of particularly hazardous substances as referred to in Annex 1 to the Water Act;
(b) for groundwater:
1. preventing or limiting the input of pollutants into groundwater and preventing deterioration of all bodies of groundwater;
2. ensuring the protection, improvement and restoration of all bodies of groundwater and ensuring a balanced status between groundwater collection and replenishment, in order to achieve good groundwater status;
3. to avert any significant and continuing upward trend in the concentration of the pollutant as a result of the effects of human activity in order to effectively reduce groundwater pollution;
(c) for protected areas to ensure compliance with the objectives laid down for surface waters referred to in (a) and for groundwater referred to in (b), provided that there are no different requirements for surface water or groundwater for these areas by specific legislation.
Contents of the Plan of the main catchment areas of the Czech Republic, the river basin management plan and the programme of measures
(1) The plan of the main basins of the Czech Republic is a strategic document setting out the framework objectives, the main principles and principles of the state policy in the field of water and proposing the framework structure of the programmes of measures to ensure them, broken down for the territory of the Czech Republic and for the individual major basins of the Czech Republic. The basic content of the Plan of the main catchment areas of the Czech Republic is set out in Annex 2.
(2) The plan for the region (2) is a document which, based on the analysis of the state of the river basin management area and the strategic objectives of the main river basin management plan of the Czech Republic, sets out specific objectives for the area and proposes programmes of measures to ensure them, including a timetable for their implementation and a financing strategy. The basic content of the river basin management plan is set out in Annex 3, which may be extended according to the intention of the river basin management plan (§ 11).
(3) The programmes of measures for the main catchment areas of the Czech Republic include a list of measures with national efficiency and measures for the different main catchment areas or regions, with a timetable for their implementation, financial costs and financing strategies. The framework for programmes of measures and their content is set out in Annex 2, Chapter D.
(4) The programmes for river basin management shall include a list of measures for each river basin management area with a timetable for their implementation, financial costs and financing strategies. Details of the content of the river basin management programme are given in Annex 3, Chapters B. 3, C. 4, D. 4 and E. 4.
Plan of the main basins of the Czech Republic
(1) The processing, discussion, publication and registration of the Plan of the main catchment areas of the Czech Republic includes:
(a) preparatory work;
(b) processing of the intention of the Plan of the main water catchment areas of the Czech Republic, its consultation with the competent authority under the special legislature3) and publication of comments to the public;
c) processing of the draft Plan of the main catchment areas of the Czech Republic and its publication on public comments,
(d) assessment of the environmental impact of the Plan of the main basins of the Czech Republic under special legislation, 3)
e) processing of the final draft Plan of the main catchment areas of the Czech Republic,
(f) submission of the final draft Plan of the main basins of the Czech Republic for approval to the Government,
(g) publication of the Plan of the main catchment areas of the Czech Republic after approval by the Government,
h) continuous registration and storage of documents in the process of processing the Plan of the main catchment areas of the Czech Republic.
(2) The update of the Plan of the main catchment areas of the Czech Republic shall take place in a similar manner to that of its acquisition.
Preparatory work
(1) The preparatory work shall be carried out in cooperation between the purchaser and the Ministry of the Environment, the central administrative authorities and the county concerned and shall include:
(a) a proposal to define the relation of the main basins of the Czech Republic to the administrative breakdown of the Czech Republic including the territory of the regions and to the international areas of the basins of the Elbe, Oder and Danube in map documentation,
(b) the gathering of supporting documents, in particular the national conceptual documents in force (4) in the water sectors, the environment and related sectors, the territorial plans of large territorial units, other current international programmes5) defining water strategies adopted or acceded to by the Czech Republic and other international treaties by which the Czech Republic is bound;
(c) an evaluation of the supporting documents.
The intention of the Plan of the main catchment areas of the Czech Republic and its discussion
(1) The intention of the Plan of the main water catchment areas of the Czech Republic is processed on the basis of preparatory work according to § 5 and contains:
(a) the reasons for the acquisition and purpose of the Plan of the main catchment areas of the Czech Republic;
b) the definition of the relation of the main basins of the Czech Republic to the administrative breakdown of the Czech Republic by region and to the international areas of the Elbe, Oder and Danube basins,
(c) the initial conditions and documents for the processing of the Plan of the main basins of the Czech Republic, including an inventory of international agreements that apply to the issue;
d) the timetable for the preparation of the Plan of the main catchment areas of the Czech Republic and its publication,
(e) a preliminary overview of the major problems to be solved for each main river basin based on an evaluation of the initial conditions and supporting documents;
(f) the proposal for the main environmental objectives, the guidelines for the development of water use and the proposal for a flood protection strategy for the various main basins and the conditions for their material and time fulfilment;
(g) the principles of processing the Plan of the main basins of the Czech Republic, including the principles of economic impact assessment.
(2) The intention of the Plan of the main water catchment areas of the Czech Republic is consulted by the competent authority under the specific legislation3) and published to the public in accordance with § 7 (5).
(3) The intention of the Plan of the main catchment areas of the Czech Republic is adjusted according to the results of the consultation referred to in paragraph 2.
Proposal of the Plan of the main catchment areas of the Czech Republic and its discussion
(1) The design of the Plan of the main basins of the Czech Republic is carried out according to the intention of the Plan of the main basins of the Czech Republic processed and discussed in accordance with § 6 (2).
(2) In the draft Plan of the main basins of the Czech Republic, the proposals for the content of programmes of measures with national scope, in particular legislative, administrative and economic, and measures for individual major basins of the Czech Republic, are necessary to achieve the objectives of the Plan of the main basins of the Czech Republic and to ensure the international commitments of the Czech Republic, including the timing of their implementation, the estimation of the financial costs and the strategy of their financing and the assessment of their economic impact.
(3) The draft Plan of the main catchment areas of the Czech Republic is to be transmitted to the competent authority for consideration under a special legislature.3)
(4) The draft Plan of the main catchment areas of the Czech Republic is published on public comments in a way that allows an understanding of its technical content and brings the importance of the proposed measures closer to that. At the same time as publication of the draft Plan of the main water catchment areas of the Czech Republic, a notice of its display with an address and a deadline for the application of the initiatives is published in three national newspapers and on the public administration portal. 6)
(5) The draft Plan of the main catchment areas of the Czech Republic is considered to be published if it is issued for public consultation for 30 days at the Ministry of Agriculture and the Ministry of the Environment in paper form and in electronic form on the public administration portal. 6)
(6) Topics, suggestions or comments and objections (hereinafter referred to as "initiatives') on its content may be submitted to the published draft Plan of the main basins of the Czech Republic.
(7) Incentives may be lodged within the period referred to in paragraph 5 and within 15 days of the expiry of that period. Incentives received after the deadline shall not be taken into account.
(8) All initiatives must be submitted in written or electronic form, to the address given when the draft Plan of the main catchment areas of the Czech Republic is published. The submission shall indicate the name, surname and address or business name and registered office of the filing agent.
Final draft Plan of the main catchment areas of the Czech Republic
(1) The final proposal of the Plan of the main basins of the Czech Republic is prepared on the basis of an evaluation of the initiatives and opinions of the competent authority under the specific legislation.3)
(2) The final draft of the Plan of the main catchment areas of the Czech Republic is submitted, together with a report on the evaluation of the initiatives and opinions of the competent authority under a specific legislation, 3) for approval by the Government.
(3) The approval of the Plan of the main catchment areas of the Czech Republic, including the programmes of measures related to it, is published by means of a communication in the Government Bulletin for regional and municipal authorities and on the public administration portal. 6)
(4) The approved Plan of the main basins of the Czech Republic is open to the public during its validity in paper form at the Ministry of Agriculture, the Ministry of Environment and Regional Offices and in electronic form at the public administration portal, in accordance with the specific legislation7). 6)
Water area plans
(1) The designation, processing, discussion, publication and registration of the river basin management plan shall include:
(a) preparatory work and publication of the timetable and programme of work and a preliminary overview of major problems to address the comments;
(b) the proposal for a plan for the river basin management area and its consultation;
(c) the adaptation of the river basin management plan to the results of the consultations;
(d) the draft river basin management plan and its publication for comments;
(e) assessment of the environmental impact of the river basin management area plan under specific legislation, 3)
(g) the final draft of the river basin management area plan, in accordance with the outcome of the discussion;
(h) submission of the final draft river basin management plan for approval to the regions concerned;
(i) publication of the river basin management plan;
(j) continuous registration and storage of documents in the process of processing the river basin management plan.
(2) The update of the river basin management plan shall be carried out in a similar manner to that of its procurement.
Preparatory work
(1) Preparatory work shall be carried out in cooperation with the central authorities and the county concerned and shall include:
(a) the proposal to define the relationship between the regions of the Czech Republic and the administrative divisions of the municipalities with extended scope, the main basins of the Czech Republic and the international areas of the Elbe, Oder and Danube basin in map documentation,
(b) the establishment of a timetable and work programme for the management of the river basin management plan and its publication for comments;
(c) gathering binding supporting documents, in particular on surface and groundwater status, on possible requirements for water use and on possible effects on surface and groundwater status,
1. information collected in public administration information systems pursuant to § 19, 21 and 22 of the Water Act and under special legislation, 8)
2. water balance data and outputs, 9)
3. demographic and economic data of the Czech Statistical Office, 10)
4. planning documentation and planning documents;
5. state map works designed for public use, 11)
6. results of regional hydrogeological survey and other hydrogeological work;
7. action plans or programmes adopted to implement European Community legislation on water quality,
(d) gathering additional supporting documents such as sources of information on potential requirements for water use and potential effects on water status, such as regional development plans and programmes, sectoral plans and programmes, water and sewage development plans, 8)
(e) evaluation of the supporting documents and information,
(f) drawing up a preliminary overview of the major problems to be addressed by the initial conditions and supporting documents and its publication on the comments.
(2) For the processing of plans of river basin management areas, previously processed or underlying studies taken for this purpose may be used mutatis mutandis. As a partial solution, their results or sub-outputs may be taken into the plans of the river basin areas, which have been processed by procedures and with respect to the same requirements for supporting documents and discussion under this decree.
(3) The documentation and data requested by the Ministry of the Environment pursuant to § 108 (2) (w) of the Water Act shall be used for the processing of river basin basin management plans which exceed their sub-part in the territory of neighbouring States.
(4) The timetable and work programme for the development of the river basin management plan, including the procedure laid down for public consultation, are published on the public administration portal (6) at least three years before the beginning of the period covered by the river basin management plan.
(5) A preliminary overview of the major water management problems identified in the relevant river basin management area shall be made available to users and the public on the public administration portal (6) at least two years before the beginning of the period covered by the river basin management plan.
(6) Incentives on the timetable and work programme for the management of the river basin management plan, a preliminary overview of the significant water management problems identified in the relevant river basin management area, and the draft river basin management plan may be applied for a period of 6 months starting on the first day of their exposure to public consultation.
Objective of the river basin management plan
(1) The proposal for a plan for the river basin management area is processed on the basis of the preparatory work provided for in Section 10 and contains:
(a) the reasons for the acquisition and purpose of the river basin management plan;
(b) the definition of the relationship between the river basin areas and the administrative breakdown of the Czech Republic according to the territory of the regions and the administrative districts of the municipalities with extended scope for the main catchment areas of the Czech Republic and the international areas of the Elbe, Oder and Danube basin in map documentation,
(c) the initial conditions and documentation for the processing of the river basin management plan including the requirements laid down by the Plan of the main basins of the Czech Republic;
(d) a timetable for the preparation of the river basin management plan, adjusted according to the comments of users and the public;
(e) an overview of the major problems encountered by the users and the public on the basis of the initial conditions, supporting documents and comments;
(f) the proposal for the main environmental objectives, the guidelines for the development of water use and the proposal for a flood protection strategy and the conditions for their substantive and time-consuming implementation;
(g) the principles of processing the draft river basin management plan, including the criteria for selecting from the proposals for alternative solutions to the selected problems and economic impact assessment principles.
(2) The proposal for a plan for the river basin management area shall be consulted with the competent authority in accordance with the specific legislation.3)
Proposal for and discussion of the river basin management plan
(1) The development of the draft river basin management plan is carried out in the structure of the basic content of the river basin management plan (§ 3 (2)). Where this requires the nature of the problem to be addressed, options shall be taken, in particular when the proposal is made for measures to ensure water use requirements, to achieve environmental objectives in water protection and to protect against floods. If the selected body of water is subject to more than one environmental objective, the highest of them shall always be applied. The draft river basin management plan shall always include an evaluation of the options for addressing the necessary measures in accordance with the criteria set out in the river basin management plan and monitoring the achievement of the objectives set out in the river basin management plan, while minimising the negative effects on the environment.
(2) The draft river basin management plan shall include a draft programme of measures, including a draft timetable for implementation and an estimate of the financial costs.
(3) The draft river basin management plan shall be transmitted to the competent authority for consideration under a specific legislature.3)
(4) The draft river basin management plan shall be published on the comments at least one year before the beginning of the period covered by the river basin management plan.
(5) The draft river basin management plan shall be published in a manner that enables users and the public to understand their professional content and to approximate the importance of the proposed measures generally in the form of clear maps and brief accompanying texts, supplemented to the extent necessary by tabular data.
(6) The draft river basin management plan shall be considered to be published if it is issued for public consultation for a period of 30 days for the relevant counties and river basin management bodies whose territorial competence is concerned by the plan, in paper form and in electronic form on the public administration portal. 6)
(7) The published draft river basin management plan may be initiated on its content or on the proposed objectives and methods of achieving them.
(8) At the same time as the proposal for a river basin management plan is published, a notice shall be published on the official boards of the relevant regional authorities and municipalities whose territorial competence shall be affected by the measures resulting from the draft river basin management plan and also on the public administration portal. 6)
(9) The incentives may be submitted within the time limit referred to in paragraph 6 and within 15 days of the last date of issue of the draft sub-phase of the river basin management plan. Incentives received after the time limits laid down shall not be taken into account.
(10) All initiatives shall be submitted in written or electronic form to the address indicated when the draft sub-phase of the river basin management plan is published. The submission shall indicate the name, surname and address or business name and registered office of the filing agent.
Final draft of the river basin management plan
(1) The final proposal for a river basin management plan shall be drawn up on the basis of an evaluation of the initiatives and the opinion of the competent authority in accordance with a specific regulatory regulation.3)
(2) The final draft river basin management plan, broken down according to the territorial scope of the regions, shall be submitted together with a report on the evaluation of the initiatives and the opinion of the competent authority under the specific legislation3) for approval to the regions concerned.
(3) The approval of river basin management plans, including programmes of measures related to them, is made public by means of communications in the respective regional rankings and on the public administration portal. 6)
(4) The approved river basin management plans and the approved programmes of measures related thereto are accessible to the public, in paper form, at the relevant regional authorities and at the relevant river basin management authorities and in electronic form, in accordance with the specific legislation7. 6)
Common provisions on action programmes
(1) The programmes of the measures are drawn up from specific activities, the requirements for changing the use of the territory and the requirements for the location of buildings fulfilling the necessary measures approved by the Plan of the main basins of the Czech Republic or the river basin management plan and contain a timetable for their implementation, as well as financial costs and financing strategies. The expected effect of each measure shall be indicated.
(2) The action programmes shall include a separate list of measures:
(a) ensuring or promoting public interests in the protection of waters and meeting environmental objectives for the state of water;
(b) protection against floods and other harmful effects of water in the public interest;
(c) compliance with requirements for water services.
(3) The list of measures referred to in paragraph 2 (a) must include basic measures and, where necessary, additional measures.
(4) The basic measures referred to in paragraph 3 shall be:
(a) measures fulfilling the environmental objectives set;
(b) measures brought about by the requirements of European Community environmental legislation;
(c) measures to ensure that water service costs are recovered;
(d) measures to protect the waters used for the production of drinking water;
(e) measures to regulate significant samples of surface and groundwater;
(f) measures to control artificial infiltration;
(g) measures for point sources of pollution;
(h) measures regulating pollution from diffuse sources of pollution;
(i) measures to ensure appropriate hydromorphological conditions for aquatic bodies, enabling the required ecological status or good ecological potential to be achieved;
(j) measures to prevent direct discharges of pollutants into groundwater;
(k) measures to eliminate pollution of surface water by particularly hazardous substances and dangerous substances;
(l) measures to prevent emergency pollution.
(5) The additional measures referred to in paragraph 3 shall, for example, be legislative, administrative, economic, environmental agreements, emission control, codes of good practice, wetland recovery, collection regulation, influencing users' claims, promoting water-saving, construction projects, revitalisation projects, artificial water replenishment, educational projects, research, development and demonstration projects.
(6) The programme of measures to meet the requirements for water services shall include measures in the management and use of water resources and, where appropriate, measures supplementing the water infrastructure in the river basin area.
(7) A programme of measures which includes measures requiring a solution under specific legislation, (12) shall be transmitted to the competent authorities of spatial planning as a basis for the acquisition of, or modification of, land planning documentation.
(8) Complements and amendments to the programme of measures, taken at the time of the validity of the Plan of the main catchment areas of the Czech Republic or the plan of the river basin management area without the need to update it, as well as amendments to the programme of the measures resulting from the evaluation of the monitoring monitoring, unless they require an amendment to the approved plan of the main river basin management areas of the Czech Republic or to the plan of the river basin management area, are to be discussed as changes to the programme of the measure by means of a simplified procedure without consideration under a specific legislative regulation.3)
Efficacy
This Decree shall take effect on 1 July 2003.
Minister:
Ing. Palas v. r.
Příloha č. 1
Annex No 1 to Decree No. 140 / 2003 Coll.
Criteria for assessing surface and groundwater status
1. Surface water status
1.1. Quality components for environmental classification
1.1.1. Water flows
Biological compounds
Composition and frequency of aquatic flora
Composition and frequency of benthic invertebrates fauna
Composition, frequency and age structure of fish fauna
Hydromorphologic compounds supporting biological components
Hydrological mode (size and dynamics of water flow, connections to bodies of groundwater)
Flow continuity
Morphological conditions (variability in depth and width of flow trough, flow bottom structure and substrate, offshore zone structure)
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Regulation Information
| Citation | Decree No. 140 / 2003 Coll., on water planning |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.05.2003 |
|---|---|
| Effective from | 01.07.2003 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Water, Water management
The regulation text is for informational purposes only.
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