Decree No. 142 / 2005 Coll.
Water planning decree
Valid
Order
Effective from 01.05.2005
Text versions:
01.05.2005
19.04.2005
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142
DECLARATION
of 11 April 2005
on water planning
The Ministry of Agriculture, in cooperation with the Ministry of the Environment, provides for, pursuant to § 24 (3) and § 26 (2) and, in cooperation with the Ministry of Environment and the Ministry of Interior, pursuant to § 25 (4) of Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended by Act No. 20 / 2004 Coll., hereinafter referred to as "the Act":
Subject matter
This decree sets out the content, the processing method, the procedure for the discussion and publication of the Plan of the main catchment areas of the Czech Republic (hereinafter referred to as "the main water catchment area plan '), the content, the procedure for the award, the processing method, the details of stages, the procedure for the publication of the plans of the river basin management areas and the definition of the content of the basic and complementary measures of the programmes of measures to achieve the objectives of water protection under Section 23a of the Act.
Definition of terms
(1) The coordinating area of the international river basin area is part of the international area of the river basin 1) on the territory of the Czech Republic.
(2) The risk water service is a service where the objectives of water protection at the end of the planning period cannot be reasonably expected to be achieved without the necessary measures being taken to achieve the objectives for the river basin area concerned.
Information and map documents
(1) In particular, information collected in public administration information systems (2), data from the Czech Statistical Office, zoning documentation and zoning background (3) and state map works intended for public use (4), or maps processed on their basis, are used for the processing of the Plan of the main basins and plans of the river basis3.
(2) For parts of the catchment areas which extend beyond the territory of neighbouring States, the information and data requested by the Ministry of the Environment pursuant to § 108 (2) (w) of the Act shall be used.
Plan of main basins
(1) The basic content of the main water catchment area plan is set out in Annex No 1. This content shall be supplemented in accordance with the results of the preparatory work.
(2) The development, discussion and publication of the Plan of the main basins includes:
(a) preparatory work;
(b) the preparation and discussion of the proposal for a Plan of the main basins, its publication on comments made to the public, including water users (hereinafter referred to as "the public");
(c) assessment of the environmental impact of the proposal for the Plan for the main basins in accordance with the specific legislation5),
(d) processing of the final draft of the Plan of the main basins;
(e) the submission of the final draft of the Plan of the main basins with the proposal of its binding parts for approval by the Government;
(f) publication of the approved Plan of the main basins,
(g) the ongoing registration and storage of documents and documents from the process of processing, discussing and approving the Plan of the main basins.
(3) The update of the Plan of the main basins shall be carried out in a similar manner to that of its procurement.
Preparatory work for the main water catchment area plan
Preparatory work for the main water catchment area plan shall include:
(a) the definition of the main catchment areas of the Czech Republic ("the main catchment area") in relation to the territorial districts of the regions and the international areas of the Elbe, Oder and Danube basins;
(b) the assembly of supporting documents, in particular:
1. current state and regional conceptual documents on the area of spatial planning, water management, environment and related sectors;
2. other up-to-date programmes resulting from international agreements and obligations defining water strategies adopted or acceded to by the Czech Republic and other international agreements by which the Czech Republic is bound,
(c) the assessment of these supporting documents in the basic scenario of development of all components of the water-related economy during the period for which the main water catchment area plan will be drawn up;
(d) drawing up a preliminary overview of the major problems to be solved for the different main basins on the basis of an evaluation of the initial conditions and supporting documents;
(e) the processing of basic principles and procedures for solutions;
(f) the processing of the notification of the conceptive6) and its submission to the competent authority under special legislation7).
Design and discussion of the main water catchment area plan
(1) The draft Plan for the main basins is to be processed to the extent specified in Annex 1, the results of the preparatory work and the requirements of the specific legislation7).
(2) The draft Plan of the Main Basins sets out the framework objectives under Article 24 of the Act and proposes the measures necessary to achieve the defined objectives of the Plan of the Main Basins and to ensure the international commitments of the Czech Republic as national measures, in particular legislative, administrative and economic measures, and measures for the various main basins, including the timetable for their implementation, the estimation of the financial costs and the strategy of their financing and the assessment of their economic impact.
(3) The proposed measures are the basis for the proposal for binding parts of the Plan for the main basins.
(4) The draft Plan for the main basins is published on public comments. At the same time as publication of the draft Plan of the main basins, a notice of its publication shall be issued containing the address and the deadline for the comments to be made, one time in three national diaries and on the public administration portal (8).
(5) The draft Plan of the main basins is considered to be published if it is also issued for public consultation by the Ministry of Agriculture and the Ministry of the Environment in paper form and in electronic form on the public administration portal. The draft Plan of the main basins is issued for public consultation for 30 days from the date of publication.
(6) Topics, proposals, objections or comments may be submitted on the published proposal for the Plan for the main basins (hereinafter referred to as "comments'). Comments may be made within 15 days of the expiry of the period referred to in paragraph 5. Comments received after the deadline shall not be taken into account.
(7) All comments should be submitted either in paper form or in electronic form to the address indicated when the draft Plan of the main basins was published. The reminder shall indicate the name or, where applicable, the name, surname and address of the place of residence, if any, of the natural person or of the company or the name and registered office of the filing authority, if any, of the legal person. Comments submitted in electronic form shall bear an electronic signature or an electronic mark (9).
(8) The proposal for a plan for the main basins, adapted to the assessment of the comments, is submitted to the competent authority in accordance with the specific legislation5).
Final draft Plan of the main basins
(1) The final proposal for the Plan of the main basins is to be drawn up on the basis of the opinion of the competent authority in accordance with the specific legislation5).
(2) The final proposal for a Plan of the main basins is submitted, together with a report on the assessment of the observations, the opinion of the competent authority under the specific legislature5), a report on the inclusion of the requirements and conditions contained in the opinion of the competent authority under the specific legislature5) and a proposal for binding parts of the Plan of the main basins to the Government.
Publication of the approved Plan of main basins
(1) Information on the approval of the main water catchment area plan is published in the Government Bulletin for regional and municipal authorities and on the public administration portal.
(2) The approved main water catchment area plan is to be transmitted to the regional authorities and is open to the public for the period of its validity in paper form at the Ministry of Agriculture, the Ministry of the Environment and Regional Authorities and in electronic form at the public administration portal.
River basin management plan
(1) The basic content of the river basin management plan is set out in Annex 2. The river basin management plan shall include the text part, the spreadsheets and the map annexes. This content shall be supplemented according to the results of the approval of the stages of the development of the river basin management plan under § 25 (2) (a) and (b) of the Act and the requirements resulting from international coordination of work within the international areas of the Elbe, Oder and Danube basin.
(2) In the processing of the river basin management plan, documents relating to the processing of the river basin management plan and the documentation of the processing process shall be kept recorded and stored, including resulting documents from each stage of work and discussion. The documents used for the processing of the river basin management plan shall be publicly available for consultation by the relevant buyer of the river basin management plan during the preparation, processing, approval and validity of the river basin management plan.
(3) The procedure for the work and registration of information, documents and documents is carried out in such a way as to enable the establishment of plans for international river basin management areas or coordination areas for international river basin management areas.
(4) The update of the river basin management plan shall be carried out in a similar manner to that of its procurement.
Preparatory work for the river basin management plan
(1) The preparatory work for the river basin management plan includes:
(a) the definition of the river basin area in relation to the territorial districts of the regions and the administrative districts of the municipalities with extended scope, the main catchment areas and the coordination areas of the international river basin areas;
(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, water use and handling, and on the effects on surface and groundwater status, broken down into water bodies;
1. information collected in public administration information systems pursuant to § 19, 21 and 22 of the Act and under special legislation10),
2. the data and outputs of the water balance according to the specific legislation11),
3. demographic and economic data;
4. information from approved planning documentation, unless it is a regulatory plan;
5. data on the state of protection against floods and the water regime of the landscape;
6. action plans or programmes adopted to implement the legislation of the European Communities and to implement the obligations of the Czech Republic arising from international water quality contracts and obligations,
7. Data on water use and handling,
8. data on effects on surface and groundwater status;
9. Data on monitoring programmes and their results;
10. data on the definition and conservation conditions of specially protected areas, European sites, bird areas, the territorial system of ecological stability and significant landscape elements;
11. data on the definition and protection conditions of plant and animal species,
(d) the assembly of other backgrounds (12) as a source of information on the potential requirements for the use and handling of waters and the potential effects on surface or groundwater status;
(e) an analysis of the general and aquatic characteristics of the river basin area, including in particular:
1. Proposal for an adaptation to the definition of water bodies and their characteristics;
2. draft register of protected areas;
3. the setting of water protection objectives for water bodies and protected areas;
(f) an assessment of the impact of human activity on surface and groundwater status, including in particular:
1. identification of significant influences;
2. the identification of expected water use requirements, including flood protection and other harmful effects of water;
3. analysis of the impact on surface and groundwater status;
4. the initial definition of heavily affected water bodies;
5. identification of hazardous water bodies;
6. the initial proposal for specific objectives of water protection pursuant to Article 23a (4) of the Act,
(g) economic analysis of water use;
(h) processing of documentation for the preparation of water survey and assessment programmes in accordance with the procedure laid down in Article 21 (3) of the Act and the introduction of such programmes;
(i) drawing up a preliminary overview of the major water management problems identified in the river basin area as a result of the work referred to in (c) to (h);
(j) the processing of the notification of the conceptive6) and its submission to the competent authority in accordance with the specific legislation7).
(2) The timetable and work programme for the management of the river basin management plan shall specify the period during which the underlying data referred to in paragraph 1 (c) and (d) will be collected and used. The period shall be determined on the basis of the availability of background data and data, taking into account the requirements of the International Commissions (13), which coordinate the elaboration of the plans of the international areas of the Elbe, Oder and Danube basin.
(3) The timetable and work programme for the management of the river basin management plan (hereinafter referred to as the "timetable and work programme") and a preliminary summary of the major water management problems identified in the relevant river basin management area, including the initial definition of heavily affected water bodies and the initial proposals for specific water protection objectives (hereinafter referred to as the "preliminary summary of significant problems"), shall be published on the public's comments at the latest within the time limits laid down in Article 25 of the Act.
(4) The timetable and work programme and a preliminary overview of major problems are considered to be published if they are exposed to public consultation in paper form for all regional authorities and for all river basin management authorities whose territorial competence is concerned by the river basin management plan and in electronic form on the public administration portal. The timetable and the work programme and a preliminary summary of the major problems are exposed to public consultation for a period of 6 months from the date of publication. The relevant notices of publication of the timetable and work programme and a preliminary overview of the major problems shall be posted on the official boards of the regional authorities and municipalities concerned.
(5) The results of the preparatory work referred to in paragraph 4 may be made public within a period of 6 months from the date of publication. Comments received after the deadline shall not be taken into account.
(6) All comments shall be submitted in writing or in electronic form to the address indicated on the publication of the timetable and work programme and a preliminary summary of the major problems. The reminder shall indicate the name or, where applicable, the name, surname and address of the place of residence, if any, of the natural person or of the company or the name and registered office of the filing authority, if any, of the legal person. Comments submitted in electronic form shall bear an electronic signature or an electronic mark (9).
(7) The timetable and work programme and a preliminary summary of the major problems, as adapted to the assessment of the comments, are submitted for an opinion by the central authority of water and the central administrative office of spatial planning and, after their agreement, are submitted for approval by the competent regional authorities.
Proposal for a river basin management plan
(1) The proposal for a river basin management plan is to be prepared to the extent specified in Annex No 2, to the approval of the work referred to in Section 10 (7) by the competent regional authorities and to the requirements resulting from the environmental impact assessment under the specific legislation5). The draft river basin management plan shall also include the final identification of heavily affected water bodies and specific water protection objectives. In cases where special legislation14 requires it) or the nature of the problem addressed, solutions shall be made in alternatives or variants, including their evaluation.
(2) The draft river basin management plan shall include a draft programme of measures including a draft timetable for their implementation and an estimate of the financial costs and the financing strategy. The expected effect for each measure shall also be indicated.
(3) The programme of measures shall include a separate list of measures providing or promoting public interests.
(a) to meet the objectives of water protection (basic and, where appropriate, supplementary measures);
(b) to protect against floods and other harmful effects of water;
(c) compliance with requirements for water services.
(4) The basic measures referred to in paragraph 3 (a) are:
(a) measures to meet the stated objectives of water protection;
(b) measures brought about by the requirements of European Community environmental law;
(c) measures to protect the waters used for the production of drinking water;
(d) measures to control the sampling of surface water and groundwater;
(e) measures to control artificial infiltration;
(f) measures for point sources of pollution;
(g) measures regulating pollution from surface sources;
(h) measures to ensure appropriate hydromorphological conditions for water bodies to achieve the required ecological status or good ecological potential;
(i) measures to prevent the discharge of pollutants into groundwater;
(j) measures to eliminate pollution of surface water by particularly hazardous and hazardous substances;
(k) measures to prevent emergency pollution;
(l) measures to protect surface water used for bathing persons.
(5) The supplementary measures referred to in paragraph 3 (a) may be proposed in accordance with the list of model additional measures15).
(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) The proposed measures are the basis for the proposal for binding parts of the river basin management plan.
Publication and discussion of the draft river basin management plan
(1) The proposal for a river basin management plan shall be submitted after approval by the regional authorities concerned within the time limit laid down in Article 25 (2) of the Act for comments to the public. A brief summary shall be attached to the draft river basin management plan, which shall enable it to understand its technical content and to approximate the importance of the proposed measures, as a general rule in the form of clear maps and brief accompanying texts, supplemented to the extent necessary by tables.
(2) The draft river basin management plan shall be considered to be published if it is issued in paper form for public consultation by all regional authorities and all river basin management bodies whose territorial competence is concerned by the plan and in electronic form on the public administration portal. The draft river basin management plan shall be issued for public consultation for a period of 6 months from the date of publication.
(3) At the same time as the publication of the draft river basin management plan, a notice of publication with an address and a deadline for making comments on the official boards of the relevant regional authorities and municipalities whose territorial competence will affect the measures resulting from the draft river basin management plan as well as through the public administration portal shall be published.
(4) Comments may be made on the published draft river basin management plan on its content or on the proposed objectives and methods of achieving them within 6 months of the date of publication. Comments received after the deadline shall not be taken into account.
(5) All comments shall be submitted in writing or in electronic form to the address indicated in the notice of publication of the draft river basin management plan. The reminder shall indicate the name or, where applicable, the name, surname and address of the place of residence, if any, of the natural person or of the company or the name and registered office of the filing authority, if any, of the legal person. Comments submitted in electronic form shall bear an electronic signature or an electronic mark (9).
(6) The evaluation of the comments submitted shall be made within 60 days of the expiry of the deadline for submitting the comments referred to in paragraph 4. The evaluation shall be carried out in the form of a report summarising the comments made and the changes that have been made to the draft river basin management plan. This report shall be published in paper format for 30 days with the river basin managers and regional authorities whose territorial competence is concerned and in electronic form on the public administration portal.
(7) The draft river basin management plan, adapted to the assessment of the comments, shall be submitted to the central water authorities and the central administrative authority for spatial planning and, after their agreement, to the relevant regional authorities for approval.
(8) The draft river basin management plan approved by the regional authorities concerned shall be submitted to the competent authority in accordance with the specific legislation5).
Final draft of the river basin management plan
(1) The final draft river basin management plan shall be drawn up on the basis of the results of the approval of the draft river basin management plan by the competent regional authorities and the opinion of the competent authority in accordance with the specific legislature5).
(2) The final draft river basin management plan, indicating the territorial scope of the regions, shall be submitted for approval to the relevant counties, together with a report on the assessment of the observations, the opinion of the competent authority under the specific legislature5), a report on the inclusion of the requirements and conditions contained in the opinion of the competent authority under the specific legislature5) and a proposal for binding parts of the river basin management plan.
Publication of an approved river basin management plan
The approved river basin management plan shall be open to the public for the duration of its validity in paper form for the relevant regional authorities and river basin management bodies whose territorial competence is concerned by the plan and in electronic form on the public administration portal.
The approved part of the river basin management plan, which includes measures covered by specific legislation (16), shall be submitted to the competent authorities of the zoning area as a basis for the acquisition or modification of the zoning documentation. This does not apply if the measure is in line with the planning documentation in force.
Final provisions
Repeal
Decree No. 140 / 2003 Coll., on water planning, is repealed.
Efficacy
This Decree shall take effect on 1 May 2005.
Minister:
Ing. Palas v. r.
Příloha č. 1
Annex No 1 to Decree No. 142 / 2005 Coll.
Basic content Plan of main basins
A. Background for the main water catchment area plan:
1. justification of its needs and character (main principles and procedures of the solution),
2. a list of significant starting conditions and main elements for the processing of the Plan of the main basins,
B. Definition of the relation between the main basins to the territorial districts of the regions and the international areas of the Elbe, Oder and Danube basins,
C. Framework objectives, main principles and principles of state policy in the field of water for the territory of the Czech Republic, possibly for individual main basins for long-term public interests:
1. to meet the objectives of water protection as an environmental component;
2. for protection against floods and other harmful effects of water;
3. for compliance with the requirements for water services;
D. Programmes of measures to achieve strategic objectives, set principles and principles, for the territory of the Czech Republic, possibly for individual main basins, including in particular:
1. proposals for economic instruments and measures to promote public interests under Article 23 of the Act;
2. essential technical measures supplementing water-based infrastructure, with meaning or having effect exceeding the territorial districts of the regions or river basin areas;
3. basic flood protection standards and measures to coordinate flood protection in related river basin areas;
4. draft legislative arrangements, if any;
5. proposals for good practice;
6. measures to promote the efficient use of water resources and non-burdensome technologies;
7. initiatives to focus research and development and develop international cooperation;
8. information tools for public communication and proposals for educational and demonstration projects;
E. Timetable for the implementation of the measures under point D.,
F. Summary of the measures to be implemented in the measures programmes under the main river basin management plan, including their financing strategy and economic impact assessment,
G. Formal organisation of the processed materials of the main water catchment area plan, enabling information and consultation with the public,
H. Requirements for the management of river basin management plans.
In addition, the update of the Plan for the main basins will include:
Summary of changes since the publication of the previous Plan of the main basins
Příloha č. 2
Annex No 2 to Decree No 142 / 2005 Coll.
Basic content of the area planning17)
A. Description of the river basin area
A.1. General description of the river basin area
A.1.1. Definition of the river basin area
A.1.2 Geomorphological ratios
A.1.3. Geological ratios
A.1.4. Hydrogeological ratios
A.1.5. Hydrological ratios
A.1.6. Pedological ratios
A.1.7. Forest conditions
A.1.8. Climate conditions
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Regulation Information
| Citation | Decree No. 142 / 2005 Coll., on water planning |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.2005 |
|---|---|
| Effective from | 01.05.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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