Decree No. 142 / 1976 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition implementing certain provisions of the Act on the Protection of the Agricultural Soil Fund
Valid
Effective from 09.12.1976
142
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 8 December 1976
implementing certain provisions of the Law on the Protection of the Agricultural Soil Fund
The Federal Ministry of Agriculture and Nutrition provides, pursuant to § 30 (1) of Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 75 / 1976 Coll. ("the Act '):
(K § 4 of the Act)
(1) The proposal for a change of culture for which authorisation is required must contain data on land from the real estate register (1) (graphical representation of the land map, the name of the municipality and the cadastral territory, the parking number, the area, the type of land, the name of the owner) as well as the reasons for the proposal.
(2) Where there is a change in the arable land culture on a meadow or pasture, the proposal referred to in paragraph 1 shall be accompanied by agronomic land assessment in accordance with the criteria set out in Annex 1 and an economic analysis demonstrating that the land will be used more effectively after that change. Economic analysis may be waived if it is about grounding the land due to anti-erosion measures. If the change is to be made on a parcel of less than 0,5 ha, agronomic evaluation may also be waived.
(3) The protection authority of the agricultural land fund shall send a copy of the decision authorising a change of culture to the competent authority of geodesy and cartography to be indicated in the real estate register.
(K § 5 (1) of the Act)
(1) In the interests of intensive and rational use of agricultural land for agricultural production, users (owners) of agricultural land are required to:
(a) plan to cultivate and make proper use of agricultural land under natural and productive conditions;
(b) increase the intensity of agricultural production by applying state-of-the-art methods of agri-technology, introducing high-yield varieties of seeds and seed crops, good nutrition and the protection of agricultural crops, as well as the use of scientifically justified rotational practices with compliance with agri-technical deadlines, maintaining and increasing nutrient content in soil according to the results of soil analyses;
(c) plan to expand agricultural land, in particular arable land and to nationalise unused land, provided that natural and economic conditions are in place;
(d) implement and make full use of all types of meliorative measures (drainage and irrigation) and surface treatment of soil to improve soil characteristics, anchor meliorative and fertilisation measures in medium and implementation plans and implement them in the context of cooperation in agriculture as appropriate; (2) monitor the comprehensive protection of the water regime in the territory (capture of water in tanks, biological measures for watercourses, etc.).
(2) In particular, to fulfil the obligations referred to in paragraph 1, the following measures may be imposed on users (owners) of agricultural land:
(a) the fertilisation of agricultural parcels degraded by natural accident, shrubbery, contamination or stones, etc.,
(b) the removal of unnecessary journeys and movements or limits which have no anti-erosive significance;
(c) the introduction of appropriate anti-erosion procedures, the adaptation or establishment of anti-erosion limits, the creation of seeping belts or devices to reduce the speed and quantity of flowing water, the construction of water storage tanks and its use for irrigation purposes.
(K § 7a (3) of the Act)
(1) The facts on the basis of which agricultural land may be withdrawn for afforestation purposes must be demonstrated by agronomic and soil-expert evaluation of the land according to the criteria set out in Annex 2 to this Decree.
(2) (3) only agricultural land not suitable for afforestation may be withdrawn for the purposes of classification as non-agricultural parcels; the provisions of paragraph 1 shall apply mutatis mutandis.
(K § 8 of the Act)
(1) Territorial planning bodies and processors of territorial planning documentation are required to provide the basis for ensuring the protection of the agricultural land fund from the point of view of Articles 7 and 7a of the Act, in particular as regards:
(a) the quality of agricultural land in terms of agronomic and soil-expert, the investments put into the soil and the planned melliorological and other conservation measures;
(b) special crops and their planned spread;
(c) areas which, pursuant to Section 7a (1) of the Act, may not be withdrawn from agricultural production.
(2) The underlying documents referred to in paragraph 1 shall be, in particular, district concepts for the development, protection and use of the agricultural land fund, real estate records, property grade (bothiness) data, the classification of cadastral areas into natural habitats, the results of a comprehensive survey of land, land-use projects, the production financial plans of socialist agricultural organisations, and, where appropriate, other data processed by state economic management bodies of agriculture, scientific institutes, etc.
(3) The data from the starting materials are evaluated by the processors of the zoning documentation at the stage of the surveys and analyses and shown in a comprehensive problem drawing. 5) The scope of this evaluation and representation shall be determined by the degree of planning documentation, namely:
(a) in the case of large territorial units, the natural habitats of the different cadastral territories, the areas for the cultivation of special crops, the territories of significant melioration facilities, etc., shall be shown for the whole of the territory concerned;
(b) for the territory which may be the subject of the development of the registered office, the land shall be shown according to its culture and bonity class and, in particular, the land protected under Section 7a of the Law;
(c) in the case of zones, the initial data shall be evaluated and shown to the same extent as for the local unit, unless the zoning documentation for this stage has been drawn up earlier.
(4) Proposals for forecasting tasks, territorial and economic principles and construction programmes will be discussed by their processor with the authorities for the protection of the agricultural land fund. in so doing, those authorities shall define the requirements with regard to the protection of the agricultural land fund, taking into account the category and stage of the planning documents to be processed.
(5) In order to be able to assess the different categories and degrees of planning documentation in terms of the possibility of alternative solutions, such documentation must include, in particular:
(a) data on the total size of the agricultural land expected to be withdrawn, broken down by the proposed functional use of the land;
(b) data on the time stages foreseen for the withdrawal of agricultural land from agricultural production;
(c) data on the total size of non-agricultural parcels proposed for reclamation on agricultural land;
(d) for residential services and zones, the border of the established territory of the municipality on 1.9.1966;
(e) for large territorial units, an assessment of the expected losses on gross crop production in each natural habitat; However, if certain installations are located on specific areas, an evaluation of alternative solutions according to the level of contributions shall be carried out in the concept of solution6,
(f) for resident bodies and zones, evaluation of the levies on the withdrawal of agricultural land by reference to the total area of land to be withdrawn;
(g) for the territorial plans of the local departments, and if they have not been drawn up, for the territorial plans of the zones, an assessment of the expected economic damage (Section 23 of the Law), according to the total area of agricultural land to be withdrawn or to which the management of the agricultural organisation is to be restricted or made difficult;
(h) a detailed justification that the proposed solution is the most advantageous in terms of the protection of the agricultural land fund and other social interests compared to other possible solutions.
(6) The provisions of the preceding paragraphs apply mutatis mutandis to the processing of land-use planning documents. 7)
(K § 9 of the Act)
(1) When processing the design for the determination of the mining area, mining organisations are required to secure the initial materials referred to in § 4 (1) and (2), taking into account the nature of the mineral deposit and the way in which it is conquered. Proposals for setting the loading area shall include the agricultural part, depending on the type of extraction and area of the agricultural land concerned.
(2) The agricultural part of the proposal for the establishment of a control area must include:
(a) in the graphic section, in particular:
1. an indicative diagram of the position of the conquest area on the map image to show the position of the conquest area in the wider vicinity;
2. land data (image of the land map showing the progress of the boundaries of the property classes and the list of parcels or parts thereof with the indication of the partial numbers, areas, types of land according to the property records and the designation of their creditworthiness classes); the plot of the land map shall also include a plot of the conquest area in accordance with the boundaries of the stock blocks and, where appropriate, the indication of the forecasting area for further mining, according to the evidence found by the geological survey;
(b) in the text part in particular:
1. the assessment of the expected losses on the gross production of plant production in each natural habitat, the assessment of the expected economic injury and the assessment of the levies on the withdrawal of agricultural land from agricultural production, compared to other possible solutions,
2. the characteristics of devastation and the conceptual solutions for recovery at the level of the study, so that it can be assessed whether agricultural reclamation can be carried out or what the consequences of rolling farms will be on the agricultural land fund.
(3) For the agricultural part of the proposal to establish a mining area for quarrying coal, paragraph 2 shall apply with the following derogations:
(a) on the plot of land map, the progress of the boundaries of the bonus classes of land need not be marked;
(b) the list of parcels may be replaced by a summary (summary) of the area of arable land classified in the 1st to 4th grades;
(c) the conceptual solution for reclamation may be replaced by a preliminary communication on the method of utilization of the extracted space, indicating the time limit to supplement the whole-of-the-region or corporate regenerative generel or extract from the reclamation generel;
(d) the assessment of the expected losses on gross crop production may be carried out in accordance with the production achieved by the socialist agricultural organisations managing the land; the assessment of the expected levies on the withdrawal of agricultural land may be waived.
(4) For the agricultural part of the proposal for the establishment of a deep-sea mining area, the provisions of paragraph 2 and paragraph 3 (a), (b) and (d) shall apply, provided that the conceptual solution for the reclamation also details the intended surface-extraction method and shall be indicated on the situation plan including the change of water regime in the surface layers of the soil.
(K § 10 of the Act)
(1) As part of the preparatory documentation of the buildings, investors are obliged to process the agricultural part of the protection of the agricultural land fund, which is the basis for examining the application for prior consent under Section 13a of the Act.
(2) If the location of the investment is not clear, the agricultural section needs to be provided with individual alternatives. Each alternative shall include in particular:
(a) data on the parcels for which the agricultural production is expected to be withdrawn (a picture of the land map showing the progress of the boundaries of the Bonite Classes and a list of the parcels or parts thereof, indicating the parcel numbers, the area, the type of land according to the real estate records and the creditworthiness classes),
(b) the calculation of the levies on the withdrawal of agricultural land from agricultural production;
(c) assessment of economic injury;
(d) an indicative balance of the ornice and suborbital earth shelters, including the design of their economic use, including the location of the land suitable for the location of those lands;
(e) the principles of reclamation of temporarily withdrawn or of the construction of damaged areas;
(f) a comparison of the different alternatives in terms of protecting the agricultural land fund and a detailed justification for the proposed solution.
(K § 11 of the Act)
(1) Organisations engaged in mining or industrial activities shall:
(a) hide separately the upper cultural layer of the soil (ornias), or, where appropriate, a deeper-stored fertilisation capable of soil (spray, spray and landfill, tuphic clays, bentonites, oxyhumolites, etc.) on the area concerned by the operation and to ensure that they are properly used for the recovery of the destroyed areas and for the purposes of melioration, or, in economically justified cases, to ensure that they are transported and spread to areas intended to be nationalised by the authority which issued the decision pursuant to Article 14 of the Act, or to places designated by that authority for further processing; landfills of separately hidden soil must be established and registered by the mining or industrial organisation so that they can be used in the future;
(b) the use of surpluses of the ornice or, where appropriate, more deeply stored fertilisation of soil capable of fertilising soils which are not yet fertile or with low fertility, on which, by virtue of an agreement to carry out replacement reclamation, surface treatment (e.g. removal of stones, grubbing-up of bushes) has previously been carried out, as well as improving the quality and production capacity of other agricultural land by introducing and spreading the cultural layer of the soil. The capacity of the spread-out layer of soil shall be at least 10 cm after deduction of the flow. The authority responsible under Article 14 of the Act may, exceptionally, for reasons of special consideration, allow part of the cultural layer of the land to be used for greening other areas;
(c) the use of the cultural layer of the soil must be documented with a simple project and an economic evaluation, where there is a large scale of hiding;
(d) to smooth out the effects of mining on the entire destroyed area, in line with the surrounding landscape, taking into account both the economic use of the land in the vicinity and the creation of a natural environment, and to ensure that there is no harmful accumulation of gaseous and solid crops and disturbance of the landscape. In the areas of concentrated coal mining, discuss the concept of the location of the construction and the shape of the drains and drains, not only in terms of future use for reclamation, but also in terms of the creation of the natural environment.
(2) In addition to the obligations referred to in paragraph 1, mining organisations shall comply with the following measures:
(a) in the case of surface mining
1. to base the dispensation in a way that allows the surface to be settled and its subsequent reclamation. To this end, mining organisations are required to develop technical standards for the treatment of the surface of soils, which will be the basis for the transfer of areas for reclamation and for the economic evaluation of the different spillage methods in the areas of concentrated mining. In the case of dispensers, the average surface inequalities shall not exceed ± 1 m;
2. to base excess droughts on the loading ground in such a way as to ensure their stability and to allow the largest possible area to be used for their agricultural recovery. In doing so, account should also be taken of the hydrological ratios of the dump and of its subsoil and surrounding areas, in order to avoid pollution of the surrounding agricultural land. Against the effect of water erosion and to protect against slides, adjust the sloping slopes so that the slope angle ensures stability with regard to the mechanical properties of the droplets and the height of the droplets (the general slope of droplets should not exceed 1: 4, the slope of slopes 1: 2). At higher droplets, the slopes must be secured by terracing the general slope and a suitable spacing of the individual droplets. The slopes of the terraces must be properly adapted and ensured against water erosion (e.g. grubbing, planting of shrubs and suitable shrubs, technical means);
3. make available the runways by means of incoming roads, build a network of special purpose communications on the upper surface and in-fill stages, while maintaining the principles of anti-erosion protection;
4. to eliminate the consequences of non-organised soil spreading in areas concentrated on coal extraction also on old spillages by adjusting their slopes, by sprinkling these droppings, or directly by biological reclamation according to the given conditions;
5. to ensure that the water treatment in the soil is also adapted, the surface of the soils is aligned and adjusted so that agricultural machinery can be used on it, the crown of soils at least in the power of the vegetation layer to be made from earths where the conditions of fertilisation and gradual intensive management are established; to facilitate the leakage of precipitation water and to minimise its effluent to create an appropriate structural state of soil, such as biological reclamation, by growing suitable plant species;
6. adjust, in agreement with the water authorities, the total water regime on areas disturbed by extraction in order to eliminate the adverse effects of the drop in groundwater and allow for harmless drainage of surface water;
7. to ensure the cultivation of land for which the extraction of mineral resources is significantly disrupted, until such time as such land can be included in the organisation of the agricultural land fund after the completion of the extraction and, where appropriate, after the recovery of neighbouring land;
(b) in the case of deep-sea mining
1. reduce, if possible under the given technical and economic conditions, the decline in agricultural land (by the basis of the broken-down compositions, etc.);
2. in places of intensive declines and prior to the practice of drafts, to carry out a plot of cultivation capable of soil and to use it to reculate degraded undersown land and to adjust the drains which can be reclaimed on agricultural or forest land;
3. to make landscaping, to fill in with surpluses and to relay the topsoil for further agricultural use, on milder, unwatered soil declines;
4. on contaminated land, if affected by deep-sea mining and related activities, adjust the water regime either by drainage and treatment of damaged watercourses or by water treatment of flooded areas to fill with surpluses and cover with topsoil for further agricultural use and, if there are no surpluses, adjust the watercourses properly to multi-purpose water tanks, including the setting of banks with suitable vegetation.
(3) In addition to the obligations referred to in paragraph 1, industrial organisations shall, where their activities result in effluents of waste materials (ash complex, flotation noise, etc.), comply with the following measures:
(a) they have set up ash and slag mainly in the non-fertile terrain inequalities of natural and artificial (e.g. extracted quarries, sandstone and clay);
(b) to reduce dust dust in the construction of boulders to ensure the removal of spatula and slag in humidified condition; during the hydraulic mode of transport to ensure the cleaning of waste water from the drains and to avoid leakage of water into the surrounding soil. To build flat bays with well aligned surface, to keep the bead surfaces clean (wet); when the operation is interrupted (unless reflux is reclamated), fasten the surface layer with sufficient amounts of heavy earth mixtures;
(c) the areas intended for rolling shall be filled gradually so that the individual filling points can be reclaimed in due time;
(d) discharges permanently discarded and intended for agricultural use to be reclamated by relayering the cultural layer of the soil; to recuperate the use of its own eagles and, where appropriate, the excess of ornice cover and the fertilisation of capable earths from other businesses.
(Paragraph 13a (2) of the Act)
(1) The reclamation plan must be targeted in such a way that the reclamated land serves primarily agricultural production; another method of reclamation is only permitted if agricultural reclamation is not possible.
(2) The recovery plan is divided into parts
(a) technical, specifying in particular the objective and method of landscaping the land, ditches and drains, hydrotechnical and hydromellioration measures, technical land melioration, the construction of incoming and operational roads, the quantities of land hidden and the use thereof;
(b) biological, indicating in particular the melliorological rotational process and the selection of crops, the method of cultivation, the fertilisation intensity of the cultivated soil.
(3) The recovery plan shall contain, in addition to the information referred to in paragraph 2:
(a) the time process of reclamation, indicated also on the map;
(b) the time limit for the completion of the reclamation and the declaration of the interest of which the agricultural land is to be withdrawn for the purpose of remedying defects arising within 5 years of the end of the reclamation;
(c) justification for another type of reclamation if agricultural reclamation is not possible.
(Paragraph 13a (3) of the Act)
In order to give prior consent to the withdrawal of agricultural land from agricultural production for the purpose of mining mineral resources, the
(a) in the case of quarry (surface) extraction of coal in the areas of concentrated production of agricultural land required within the approved conquest area for a period of 5 years; this area does not include the area required for external droppings and batches;
(b) in the case of deep-sea mining of minerals, the area required for the construction of mining installations and plant operations, as well as the area of land for which the extraction of the bearing can be expected to destroy them, resulting in a drop in soil;
(c) in the case of surface mining of mineral materials for construction or industrial purposes (gravel, brick clay, kaolin, ceramic clays, limestone, stone, etc.), the area of agricultural land required within the quarrying area for a period of 10 years.
(K § 22 of the Act)
(1) The established territory of the municipality (§ 22 (a) of the Act) means a territory which has been continuously built or otherwise technically adapted to the needs of the municipality on 1 September 19668. This territory includes agricultural parcels which do not form a continuous whole with the surrounding agricultural land fund (separated from it by continuous installation or moving into a built-up part of the municipality and which are not suitable for agricultural management by mechanical means). However, gaps along roads and roads resulting from earlier construction and the construction of which would lead to undesirable road building and non-economic extension of municipalities are not included in the built-up territory of the municipality; the territory between the municipality and the railway or road, a road, a watercourse, etc., where that territory is a continuous agricultural land suitable for agricultural management by mechanical means. The border of the built area of the village is displayed in the land map of the property register.
(2) In the construction of liner transport structures and airports (Section 22 (b) of the Act), the levy on the withdrawal of agricultural land is not imposed on agricultural production if it is withdrawn for construction
(a) motorways and roads and their parts: road slopes, trenches and other arrangements for water collection, stalling lanes and station areas of public transport, green belts and islets, bridges and rest areas, as well as road auxiliary parcels in a width of 60 cm on either side of the motorway or road;
(b) national railways, including structures and facilities immediately providing for the operation of the railway, with the exception of railway station, changing stations, railway repair and machinery plants, and locomotive and wagon stations;
(c) waterways and parts thereof, 9)
(d) airports of all kinds and radio navigation equipment, with the exception of airport buildings and hangars and technical equipment which are not radio navigation equipment.
(3) The narrower protection zone of natural medical resources (§ 22 (d) of the Act) means the narrower interim protection zone and protection zone I of natural medical resources. 10)
(K § 28 of the Act)
(1) Socialistic agricultural organisations are required, in cooperation with the authorities of geodesy and cartography, to keep their own (corporate) records of all land used, managed or owned by them (hereinafter referred to as "agricultural land").
(2) The farm land register is composed of:
(a) an inventory of the parcels of an agricultural organisation;
(b) maps.
(3) Real estate records shall be used to draw up the inventory of agricultural land; all the land of the agricultural organisation is displayed therein. The agricultural economic map serves as a basis for the planning, management and documentation of agricultural production.
(4) The map documents are an agricultural registration map and an agricultural economic map. The agricultural register map corresponds to its land map content.
(5) A supplement to the farm land register shall be the auxiliary register, in which it shall be registered in particular:
(a) agricultural land temporarily withdrawn from agricultural production;
(b) agricultural land temporarily uncultivated (soil reserve resources).
(6) Socialistic agricultural organisations are required to maintain farm land records in accordance with the real estate register and to carry out prescribed reports of changes under specific regulations. 11)
Decree No. 97 / 1966 Coll., implementing certain provisions of the Act on the Protection of the Agricultural Soil Fund, is hereby repealed.
This decree shall take effect on the day of its publication.
Minister:
Ing. Nagr v. r.
Příloha č. 1
Annex No 1 to Decree No. 142 / 1976 Coll.
Criteria for assessing proposals to change culture from arable land to meadow or pasture
- the thickness of the orable layer less than 15 cm and the depth of the soil (profile) less than 30 cm
- extreme granular composition (pure sands - clays)
- skeleton content (gravel, stoneware) in the surface layer greater than 50%
- the weldiness of the plot above 15 °
- risk of flooding - inundation territory
- suitable for mechanisation, narrow shape of the plot
- land area up to 0,5 ha
- small enclaves surrounded by other categories of use
- soil degradation by forest landing
- poor access to land
- severe and persistent deterioration of the water regime - contamination.
Příloha č. 2
Annex No 2 to Decree No. 142 / 1976 Coll.
Criteria for assessing proposals for the withdrawal of agricultural land for afforestation purposes
- affinity of the plot above 25 °
- depth of soil (profile) up to 30 cm and at the same time more than 50% of the skeleton (gravel, stoneware) in the surface layer
- small enclave (up to 0,15 ha) surrounded by forest soil, overshadowed by forest
- land with a flight (forest forest), which will be more efficient for density, age and quality of the flight as forest land
- balvanity or other obstacles on the property
- the unavailability of land for mechanising equipment in terms of its use for agricultural production
- a significant deterioration of the water regime (infestation), which can be removed by setting up the forest or by simple forest-based meloorations
- area used for soil protection, anti-erosion afforestation.
1) Act No. 22 / 1964 Coll., on the registration of real estate, Decree of the Central Administration of Geodesy and Cartography No. 23 / 1964 Coll., implementing Act No. 22 / 1964 Coll., on the registration of real estate.
2) § 90 et seq. of Act No. 122 / 1975 Coll., on Agricultural Cooperatives.
3) Annex to Decree No. 23 / 1964 Coll., Section B No. 5 (i).
4) Articles 17 to 22 of Act No. 84 / 1976 Coll., on Territorial Planning Documentation and Territorial Planning Documentation.
5) Annex No. 1, No. 84 / 1976 Coll.
6) § 24 zl. No 84 / 1976 Coll.
7) Sections 4 and 6 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
8) The date of entry into force of Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund.
9) Sections 3 and 4 of Act No. 26 / 1964 Coll., on Inland Navigation, as amended by Act No. 126 / 1974 Coll.
10) § 30 zl. min. zdrav. ČSR č. 26 / 1972 Coll., on the protection and development of natural medical baths and natural medical resources, § 30 zl. min. zdrav. SSR No. 15 / 1972 Coll., on the development of natural medical baths and natural medical resources.
11) § 7 of Act No. 22 / 1964 Coll., on Real Estate Records.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 142 / 1976 Coll., implementing certain provisions of the Act on the Protection of the Agricultural Soil Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.1976 |
|---|---|
| Effective from | 09.12.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0