Act No. 148 / 2023 Coll.
Law on a single environmental opinion
Valid
Law
Effective from 01.01.2024
148
THE LAW
of 10 May 2023
on a consistent environmental opinion
Parliament has decided on this law of the Czech Republic:
Subject matter and purpose of the adjustment
This Law regulates the procedure and scope of administrative bodies when issuing a single environmental opinion in order to ensure the public interest in the protection of the environment as a whole and to contribute to sustainable development in the decision-making process on the authorisation of a project under the Construction Act or follow-up procedure under the Environmental Impact Assessment Act (hereinafter referred to as the "follow-up procedure ').
Single environmental opinion
(1) A single environmental opinion is a binding opinion on environmental effects of a project which is subject to authorisation under a building law or environmental impact assessment under the Environmental Impact Assessment Act (hereinafter referred to as the "project '), which is issued instead of administrative acts provided for by other environmental legislation (1).
(2) In the case of a project for which a framework permit is issued under a building law, a single environmental opinion shall be issued as a basis for the design authorisation under the building law. A single environmental opinion or administrative action, instead of which a single environmental opinion is issued pursuant to paragraph 1, shall not be issued under the Environmental Impact Assessment Act, with the exception of administrative acts.
Request
(1) The request for a single environmental opinion (hereinafter referred to as "the application") must contain the general requirements laid down by the administrative system and all the requirements laid down by other legislation for the issue of individual administrative acts, instead of which a single environmental opinion is issued. If the same figure is required under more than one legislation, it shall be sufficient for the applicant to indicate it only once in the application.
(2) The application shall include documentation for the authorisation of the project, if it is subject to an authorisation under the building law or a comparable background required by other legislation (m2) as the basis for the first subsequent procedure, if it is not subject to an authorisation under the building law.
(3) If the application does not contain all the elements or other defects, the administrative authority responsible for issuing the single environmental opinion (hereinafter referred to as "the competent authority") shall invite the applicant without undue delay within 10 working days of the date on which the application is submitted to remedy the defects; progress so that all defects can be removed at once, if possible. To that end, the competent authority shall provide the applicant with a reasonable period of time and shall inform him of the consequences of the failure to remedy the defects of the application. If the applicant does not remove the defects of the application within the specified time limit which prevent the issue of a single environmental opinion, the competent authority shall inform him in writing that a single environmental opinion cannot be issued.
(4) Where an amended application is submitted by the applicant in the course of issuing a single environmental opinion, paragraph 3 shall apply mutatis mutandis.
Observations of administrative bodies competent under other legislation
(1) The competent authority shall, where necessary, send the application to the administrative authority responsible under another legislation on the issue of an administrative act, instead of issuing a single environmental opinion (hereinafter referred to as the "administrative authority competent under another legislation ').
(2) The administrative authority competent under another legislation shall give its opinion without undue delay, not later than the end of the period laid down by the competent authority, and deliver it to the competent authority.
(3) The administrative authority competent under another legislation shall state in its observations whether it considers the intention to be admissible and what conditions are to be included in the single environmental opinion in terms of its protected interests.
(4) A review of the opinion of an administrative authority competent under another legislation for the purposes of issuing a single environmental opinion pursuant to Article 156 (2) of the Administrative Regulation shall be excluded.
(5) The procedure referred to in paragraphs 1 to 4 shall not apply where the competent authority is at the same time the administrative authority competent under another legislation.
Time limits
(1) The competent authority shall issue a single environmental opinion without undue delay but not later than 60 days after the date of submission of the complete application.
(2) The time limit for the issue of a single environmental opinion may be extended by a resolution by a maximum of 30 days if, in the light of the circumstances of the project, additional supporting documents are necessary, an on-the-spot examination or a particularly complex case is involved. The competent authority shall only refer to the file and inform the applicant of the extension of the period.
(3) By issuing a call for the removal of defects in the application pursuant to Article 3 (3), the period shall be suspended; the time limit for the issue of the single environmental opinion shall resume from the date of receipt of the complete application to the competent authority.
Forms of a single environmental opinion
(1) The competent authority shall issue a consistent single environmental opinion where the project under assessment is admissible in terms of its effects on all environmental compartments concerned; otherwise it shall issue a dissenting single environmental opinion.
(2) The binding part of the single environmental opinion, in addition to the general requirements laid down in the administrative rules, also contains:
(a) identification of the project, including identification of the land on which it is located;
(b) the identification of documentation or comparable material required by other legislation pursuant to Article 3 (2), or parts thereof relevant to the issue of a single environmental opinion, in particular the name of the processor, the date of processing and the indication of the change or revision;
(c) the conditions for the authorisation of a project, where the single environmental opinion is consistent and other legislation allows the setting of conditions; and
(d) a list of each administrative action, instead of which a single environmental opinion is issued.
(3) The justification for the single environmental opinion includes:
(a) the justification for the admissibility or inadmissibility of the project in respect of all the environmental aspects concerned; and
(b) a justification for the different conditions for authorising the project.
Validity of the single environmental opinion
(1) The single environmental opinion shall be valid for 5 years from the date of its issue. If the decision taken in the subsequent procedure is annulled, the single environmental opinion shall not expire more than 60 days after the date on which the decision was annulled. The single environmental opinion shall be valid at the time of the decision in the subsequent management at first instance.
(2) The validity of a single environmental opinion shall be extended by a maximum of 5 years by the competent authority at the request of the applicant, even if the circumstances relevant for its issue have not changed. In order to assess this change, the competent authority may request the opinion of the administrative authority competent under another legislation. If the single environmental opinion cannot be extended, the competent authority shall inform the applicant in writing.
(3) A request for an extension of the single environmental opinion shall be submitted before its expiry; The single environmental opinion shall not expire until the application has been completed. The application for renewal of the single environmental opinion shall include a description of the current state of the territory concerned, including a summary of the changes compared to that at the time of issue of the single environmental opinion.
Change of circumstances applicable to the issue of a single environmental opinion
(1) If, during the period of validity of the single environmental opinion, there is a change in circumstances which have been the subject of an assessment of the effects of the project by the competent authority, the applicant may request the competent authority to amend the single environmental opinion. The application shall include an overview of the changes and a detailed description of them.
(2) The competent authority shall evaluate changes in circumstances and, if necessary, request the opinion of the administrative authority responsible under another legislation. Paragraphs 4 and 5 shall apply mutatis mutandis to this procedure.
(3) Where a competent authority finds that a change in the single environmental opinion is admissible in terms of its effects on all environmental compartments concerned, it shall issue a change in the single environmental opinion, taking into account the change in circumstances and its environmental effects and justifying a change in the single environmental opinion; a single environmental opinion shall be valid for 5 years from the date of its amendment. Paragraph 7 is not affected.
(4) If the competent authority does not find a change to the single environmental opinion admissible, it shall inform the applicant in writing that a change to the single environmental opinion is not possible.
Preliminary consultation
(1) The competent authority shall, if the applicant so requests before the application is submitted, discuss the intended project with the applicant, provide him with information on the details of the application and other relevant circumstances so that a single environmental opinion can be issued without undue delay after the application has been submitted.
(2) In the case of a project for which a framework permit is issued under a building law, the competent authority shall consult the applicant on the intended project in such a way as to pre-identify the environmental interests concerned by the intended project prior to the issue of the framework permit. The information referred to in the previous sentence and in paragraph 1 shall be provided by the competent authority to the applicant in writing at all times.
Publication of documents
(1) The competent authority shall make available the single environmental opinion, including its amendment or extension, in a manner that allows remote access, without undue delay from its issue, for at least 15 days. The municipalities whose territories may be affected shall inform the competent authority of the issue of a single environmental opinion.
(2) The obligation referred to in paragraph 1 shall not apply to single environmental opinions for which the applicant is a natural person and to single environmental opinions issued for projects which serve or are intended to provide State defence (3).
Performance of state administration
State administration in the field of issuing a single environmental opinion shall exercise:
(a) Ministry of the Environment ("Ministry"),
(b) Ministry of Agriculture,
(c) regional authorities;
(d) municipal authorities with extended scope; and
(e) local authorities.
Ministry
Ministry
(a) is a central administrative authority for the issue of a single environmental opinion;
(b) issue a single environmental opinion where it is responsible for assessing the project under the Environmental Impact Assessment Act, including a single environmental opinion on the project for which the impact assessment under the Environmental Impact Assessment Act was carried out before the application for a single environmental opinion was submitted;
(c) issue a single environmental opinion in the case of an energy safety building under the Act on the Acceleration of Construction of a strategically significant Infrastructure, where the competent authority is the authority to issue the authorisation of such a construction under the Transport and Energy Construction Office, with the exception of the projects referred to in Section 1 (5) (d) of the Act on Acceleration of Construction of a strategically significant Infrastructure;
(d) carry out checks on compliance with the conditions established on the basis of its single environmental opinion by a decision in subsequent management and imposes measures to remedy the failure to comply with those conditions; and
(e) discuss infringements pursuant to Article 17 if it is the administrative authority responsible for issuing a single environmental opinion.
Ministry of Agriculture
(1) Where an appeal is directed against a single environmental opinion issued by the Regional Office pursuant to Article 14 (1) (a) or by the Ministry pursuant to Article 12 (b) and (c) in the part in which, under another legislation, the Ministry of Agriculture exercises the authority of the Central Administrative Office, the Ministry shall confirm or amend a single environmental opinion with the approval of the Ministry of Agriculture.
(2) In the case of a single environmental opinion issued by the Regional Office pursuant to Article 14 (1) (a) or by the Ministry referred to in Article 12 (b) and (c) in the part in which, under another legislation, the Central Administrative Office is exercised by the Ministry of Agriculture, the Ministry will issue a communication on the non-initiation of the review procedure, suspend the review procedure or amend or revoke this single environmental opinion with the approval of the Ministry of Agriculture.
Regional authorities
(1) Regional Authority
(a) issue a single environmental opinion, unless it is issued by the competent Ministry;
1. If its object is the project subject to an assessment under the Environmental Impact Assessment Act, including those projects for which an impact assessment under the Environmental Impact Assessment Act was carried out before the application for a single environmental opinion was submitted,
2. If its part is an exception to the prohibitions on specially protected plants or animals under the Nature and Landscape Conservation Act,
3. if the intention to withdraw agricultural land from the agricultural land fund requires more than 1 ha under the Land Management Act;
4. where the intention of the removal of parcels intended to fulfil forest functions requires a size greater than or equal to 1 ha under the Forest Law;
5. if the intention is to affect border waters under the Water Law (4);
6. if a stationary source listed in Annex 2 to the Air Protection Act or the Infrastructure Act of the category of motorway or first-class road is part of the project in the built-up territory of the municipality or parking lot with a capacity exceeding 500 parking spaces,
7. if a new building or a new building is part of the project, located within the scope of emergency manifestations under the Major Accident Prevention Act; or
8. In the case of an intention to use a renewable energy source under the Renewable Energy Efficiency Act, which is wholly or partly located in the acceleration zone defined for the purpose of accelerating the use of the same type of renewable energy source,
8. In the case of the construction project for energy security pursuant to Section 1 (5) (d) of the Act on speeding up the construction of strategically important infrastructure,
(b) carry out checks on compliance with the conditions established on the basis of a single environmental opinion issued by it by a decision in subsequent proceedings and imposes measures to remedy the failure to comply with those conditions; and
(c) discuss infringements in accordance with Article 17 if it is the administrative authority responsible for issuing a single environmental opinion.
(2) If the intention is to affect border waters under the Water Act, the Regional Authority shall issue a single environmental opinion pursuant to paragraph 1 (a) (5) after consultation with the Ministry of Agriculture and the Ministry of Agriculture. A uniform environmental opinion affecting the conduct or designation of the state border shall be issued by the Regional Office after consultation with the Ministry of Agriculture and the Ministry of Interior. A consistent environmental opinion, when it comes to the idea of natural mineral waters or natural medical resources near national borders under the spa law, shall be issued by the Regional Authority after consultation with the Ministry of Agriculture and the Ministry of Health. The deadline for the issue of a single environmental opinion shall not run during the discussion of the project concerning border waters under the Water Law in special bodies established under international agreements which are part of the legal order.
Municipal authorities with extended scope
Municipal office of the municipality with extended scope
(a) issue a single environmental opinion, unless the competent Ministry or regional authority is responsible for issuing it;
(b) carry out checks on compliance with the conditions established on the basis of a single environmental opinion issued by it by a decision in subsequent proceedings and imposes measures to remedy the failure to comply with those conditions; and
(c) discuss infringements in accordance with Article 17 if it is the administrative authority responsible for issuing a single environmental opinion.
Local authorities
The local authorities shall exercise public administration in the area of issuing a single environmental opinion on the territory of the military resorts (5) within the scope of the Ministry under § 12 (b) to (e), the regional authorities under § 14 and the municipal authorities with extended competence under § 15.
Transfers
(1) The transfer shall be committed by a person who fails to comply with any of the conditions laid down in a single environmental opinion under this law by a decision in subsequent proceedings.
(2) A fine may be imposed for the offence referred to in paragraph 1 up to the amount of:
(a) 1 000 000 CZK if it is an offence committed by a natural person; or
(b) 10 000 000 CZK if it is an offence committed by an undertaking or legal person.
(3) Transfers under this law are discussed by the administrative authority competent under § 12 (e), § 14 (1) (c), § 15 (c) or § 16.
Common provisions
(1) The competent authority shall, when issuing a single environmental opinion, exercise the competence of the administrative authorities competent under other legislation which relate to administrative acts, instead of which a single environmental opinion is issued; where such administrative action is a decision, that decision shall form part of the operative part of the decision in the subsequent procedure.
(2) Where a project is located in the territory of several administrative districts, the competent authority in whose administrative district the larger part of the project under consideration is located shall be responsible for issuing a single environmental opinion, unless otherwise provided for by other legislation. The competent authority shall discuss the intention with the other administrative authorities within the territory of whose administrative districts the intention is located.
(3) The activities referred to in Articles 14 (1) and 15 are provided by regional authorities and municipal authorities with extended competence through an official who has demonstrated specific competence under the Law on Officials of Territorial Authorities for the pursuit of at least one of the administrative activities, the content of which includes the issuing of an administrative act, instead of the provision of a single environmental opinion for the project. The conditions under which, exceptionally, administrative activities for which specific competence is required may also be carried out by an official who does not have specific competence under the Law on Officials of Territorial Authorities are without prejudice.
Transitional provisions
(1) The application for an administrative act, instead of which a single environmental opinion is issued, submitted before the date of entry into force of this Act shall be treated in accordance with existing legislation.
(2) The publication of an administrative act referred to in paragraph 1 shall not prevent a single environmental opinion from being delivered instead of the remaining administrative acts if the competent authority has been requested to issue it after the entry into force of this Act.
(3) It is not possible to issue administrative acts instead of which a single environmental opinion is issued under existing legislation, unless at least one of them has been requested before the date of entry into force of this law.
(4) In the case of a project under the Environmental Impact Assessment Act, the competent authority shall issue a single environmental opinion if the assessment process was initiated after the entry into force of the Act.
(5) In appeals procedures, as well as in other procedures relating to the review of the accuracy and legality or the amendment of administrative acts, instead of which a single environmental opinion is issued, issued under existing legislation before the date of entry into force of this law, shall be followed by existing legislation.
(6) In the period from the date of the entry into force of this Act until 30 June 2024, this Act shall apply only to a project which is a dedicated construction listed in Annex 3 to Act No. 283 / 2021 Coll., as amended by Act No. 195 / 2022 Coll., a building related to it and a building forming a set of buildings.
Efficacy
This Act shall take effect on 1 January 2024.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
1) Act No. 62 / 1988 Coll., on Geological Works, as amended. Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended. Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended. Act No. 289 / 1995 Coll., on Forests and on the amendment and amendment of certain laws (Forest Act), as amended. Act No. 100 / 2001 Coll., on Environmental Impact Assessment and the amendment of certain related laws (Act on Environmental Impact Assessment), as amended. Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended. Act No. 256 / 2001 Coll., on burial and amending certain laws, as amended. Act No. 201 / 2012 Coll., on Air Protection, as amended. Act No. 224 / 2015 Coll., on the prevention of major accidents caused by selected hazardous chemicals or chemical mixtures and amending Act No. 634 / 2004 Coll., on administrative charges, as amended, (Act on the prevention of major accidents), as amended. Act No. 541 / 2020 Coll., on Waste, as amended.
2) For example, Article 27 (9) of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended.
3) § 35 (2) of Act No. 283 / 2021 Coll., Construction Act.
4) Paragraph 107 (1) (c) of Act No. 254 / 2001 Coll., as amended.
5) Act No. 222 / 1999 Coll., on securing the defence of the Czech Republic, as amended.
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Regulation Information
| Citation | Act No. 148 / 2023 Coll., on a Single Environmental Opinion |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.06.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 328
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