Decree of the Ministry of Culture of the Czech Socialist Republic No. 142 / 1980 Coll.
Decree of the Ministry of Culture of the Czech Socialist Republic laying down the details of the protection of trees growing outside the forest, the procedure for the exceptional authorisation of their felling and the use of wood from these trees
Valid
Effective from 01.01.1981
142
DECLARATION
Ministry of Culture of the Czech Socialist Republic
of 17 September 1980
laying down details on the protection of trees growing outside the forest, the procedure for the exceptional authorisation of their felling and the use of wood from these trees
The Ministry of Culture of the Czech Socialist Republic provides pursuant to § 19 paragraph 2 of Act No. 40 / 1956 Coll., on State Protection of Nature, as amended by the Act of the Czech National Council No. 96 / 1977 Coll., on Forestry Management and Government Administration of Forestry:
Subject matter and scope of the adjustment
(1) This decree applies to trees (trees of tree and shrub growth) growing outside the forest in the countryside, the residential departments and their residential, production and recreational zones (hereinafter referred to as "trees').
(2) The decree does not apply to trees protected under specific regulations. 1)
Tree categorisation
(1) Trees are classified in two categories for the purpose of this decree.
(2) Trees are to be classified in Category I:
(a) in parks, public orchards, public gardens and trees,
(b) with landscaping or aesthetic or historical or natural value,
(c) in draws and winds in agricultural land complexes, in submountain and mountain areas with a typical transition between agricultural landscape and forest;
(d) intended for the protection of soil, springs and peat;
(e) with a protective function in the vicinity of industrial, agricultural and other economic objects;
(f) others with a strain circumference of more than 125 cm (or a diameter of 40 cm), measured at 130 cm above the ground and shrub trees with a surface area of more than 60 m2;
(g) in destroyed or abandoned mineral mining areas, including piles, ditches and drains.
(3) Category II includes all other trees.
Tree protection
(1) The conservation of trees consists of the planned management of trees and their security against damage and destruction; tree protection shall be provided by managers, owners or users ("users') of trees.
(2) The national committees, in order to create a healthy environment in their territorial districts (2), take all necessary measures in their field of competence to ensure the conservation of trees under the framework measures plan. Other institutions, organisations, social organisations in the National Front, single agricultural cooperatives and citizens assist national committees in this activity.
Exceptional tree felling authorisation
(1) A permit is required to cut trees. 3)
(2) No authorisation is required for the cutting down of trees classified in category II growing on privately owned land owned by citizens and used by them or in the personal use of citizens which are part of land in residential departments or defined recreational areas.
(1) The user shall submit a request for permission to cut down the tree to the local national committee.
(2) The application must state:
(a) the name and address of the applicant;
(b) the number, type, age and condition of the trees to be cut down;
(c) a detailed justification for the requirement with details of the use of the land under consideration.
(3) The application referred to in paragraph 2 shall be accompanied by a situation diagram of the position of the tree or groups of trees with the indication of the parcustoms numbers.
(1) The National Committee which decides to cut down the tree (3) shall take into account when examining the application:
(a) the category and type of tree;
(b) the importance of the tree for the natural and environment;
(c) the seriousness of the reasons for which tree felling is required.
(2) In the authorisation, the national committee shall draw the user's attention to the obligation under Article 8 of the Decree and shall indicate the number and type of trees to be felled and shall determine the time limit for felling of the trees for the winter period (1 October to 31 March).
(3) The National Committee will also deliver a decision on the tree-cutting permit to the state organisation of the forestry sector.
(1) The permission to cut down a tree is not necessary if the state of the tree is immediately threatened by the life or health of persons or can be caused by significant damage to property or by the operation of a generally beneficial plant (e.g. telecommunications, overhead and underground lines) and such a threat cannot be prevented by any other than the falling of a tree.
(2) Who, for the reasons referred to in paragraph 1, shall notify the local national committee without undue delay.
Purchases of wood material from harvested trees
(1) The user authorised by the National Committee to cut down the tree is obliged to offer the harvested wood material within three days after the tree is thrown down to the state forest management organisation.
(2) The state organisation of the forestry sector shall, no later than 14 days after receipt of the offer, notify the user of the type and quantity of wood from the harvested trees. Wood which is not redeemed can be used freely by the user.
(3) The transport of purchased timber will be provided by state forest management organisations.
(4) The provisions of paragraphs 1 to 3 shall also apply to timber obtained pursuant to Article 7 (1).
Final provision
This Decree shall take effect on 1 January 1981.
Minister:
Doc.
1) For example, § 4 (3), § 5, 6 and 7 of Act No. 40 / 1956 Coll., on State Protection of Nature, Decree No. 41 / 1963 Coll., on the Establishment of the Giant National Park, Decree of the Ministry of Education and Culture No. 54 / 1958 Ú. l., determining the protected plant species and the conditions for their protection, Act No. 61 / 1964 Coll., on the development of plant production, Decree No. 62 / 1964 Coll., which is issued by implementing the Act on the development of plant production.
2) Article 18 of Act No. 69 / 1967 Coll., on National Committees (full version No. 28 / 1972 Coll.).
3) Under Article 13 (2) of Act No. 40 / 1956 Coll., as amended by Article 35 of Act No. 96 / 1977 Coll., on Forest Management and the Government Administration of Forestry, the local national committees decide to cut down trees growing outside the forest which are not subject to specific regulations; Regional national committees may reserve decisions.
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Regulation Information
| Citation | Decree of the Ministry of Culture of the Czech Socialist Republic No. 142 / 1980 Coll., laying down details on the protection of trees growing outside the forest, the procedure for the exceptional authorisation of their felling and the use of wood from these trees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.10.1980 |
|---|---|
| Effective from | 01.01.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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