Decree of the Ministry of Health of the Slovak Socialist Republic No. 15 / 1972 Coll.
Decree of the Ministry of Health of the Slovak Socialist Republic on the protection and development of natural medical baths and natural medical resources
Valid
Effective from 01.04.1972
15
DECLARATION
Ministry of Health of the Slovak Socialist Republic
of 13 March 1972
on the protection and development of natural therapeutic baths and natural medicinal resources
The Ministry of Health of the Slovak Socialist Republic provides in the agreement with the participating central authorities pursuant to § 70 (1) (b) and (c) of Act No. 20 / 1966 Coll., on the care of the health of the people:
Establishment of natural spa treatments
A natural spa can be established by the Ministry of Health of the Slovak Socialist Republic (hereinafter referred to as the "Ministry of Health ') under the following conditions:
(a) if they are in place
1. natural resources declared as medicinal (Part II); or
2. climatic conditions declared favourable to treatment (Part IV),
(b) if natural medical resources are used for on-site spa care; and
(c) if the specific hygiene requirements laid down by the Ministry of Health are met on site.
Declaration of natural resources for medicinal
(1) Natural medicinal water sources may be declared as sufficiently robust sources of naturally occurring water if:
(a) have permanent scientifically proven medicinal effects due to their chemical composition or physical properties,
(b) comply with the necessary hygiene requirements;
(c) are usable for therapeutic purposes in the state in which they occur in nature or after treatment which does not interfere with their medicinal effects; and
(d) it is in the social interest to be used for preventive treatment.
(2) The waters referred to in paragraph 1 (a) shall be those which differ substantially from other waters;
(a) a temperature above 25 ° C; or
(b) a content of dissolved insoluble solid compounds (at least 1 g per litre of water); or
(c) gas content, e.g. carbon dioxide (at least 1 g in 1 litre of water), hydrogen sulphide (at least 1 mg in 1 litre of water), radio emanation (at least 37 nCi / litre); or
(d) the content of other components not present or present in ordinary waters, such as iodine (at least 5 mg per litre of water), arsenic (at least 0,7 mg per litre of water), iron (at least 10 mg per litre of water), or
(e) other components containing pharmacodynamic effects.
The conditions laid down in Paragraph 2 (1) for the declaration of natural sources of gases and medicinal products apply mutatis mutandis to the declaration of natural sources of medicinal water.
The natural therapeutic sources of peat, salt, baths and other earths can be declared sufficiently robust deposits of these pelloids if:
(a) have the characteristics and effects referred to in Article 2 (1); and
(b) arise from natural geological or biological processes.
(1) The natural resource is declared as a health health department on a proposal from the Health and Health Ministry ("the Health Ministry ').
(2) A complaint to declare a natural resource as a medicinal product may be submitted by the national committee in whose district the source is present or by an organisation which intends to use the source. The complaint is given to the Inspector.
(3) The complaint shall describe the source and its surroundings, the way in which it is unveiled or captured, the characteristics and effects of its products and propose its use. The complaint should be accompanied by a geological assessment, evidence of the quality of the source, the characteristics and effects of its products and the bacteriological assessment of the source.
(1) The Ministry of Health, acting on a proposal from the Inspectorate, shall withdraw the declaration of natural resources as medicinal if the source loses the prescribed characteristics and effects set out in Sections 2 to 4, or if it cannot be used for medical purposes. The complaint for cancellation is given to the Inspectorate.
(2) The complaint shall state the reason for cancelling the declaration of natural resources as medicinal products; in particular, it is necessary to describe to what extent or, where appropriate, how the loss of the source's worth or the characteristics and effects of its products occurred.
(3) In the decision referred to in paragraph 1, the Ministry of Health may determine the manner and conditions for the further use of natural resources.
Declaration of water sources for natural mineral waters
(1) Resources of natural table mineral waters may be declared as sources of such waters which:
(a) have, in view of their chemical composition or physical properties, scientifically proven and lasting effects beneficial to human health,
(b) satisfy the hygiene requirements required; and
(c) may be used as they occur in nature.
(2) The waters referred to in paragraph 1 (a) shall be treated as waters containing at least 1 g of carbon dioxide and not more than 5 g of dissolved solids in 1 litre of water, these components being neither individually nor entirely characterised by significant pharmacodynamic effects.
(3) Paragraph 5 and 6 apply mutatis mutandis to the declaration of natural resources as sources of natural table mineral waters and to the abolition of declarations of such resources.
Declaration of climate conditions favourable to treatment
Climate conditions are favourable to treatment if they cause appropriate changes in the body's reactivity or other physiological functions. Such climatic conditions shall be demonstrated by a scientific survey of the physical and physico-chemical properties of the local climate and its biological effects on the human organism.
(1) Climate conditions may be declared favourable to treatment under § 8 if:
(a) the relative length of sunlight in the long term is at least 40% but not less than 1650 hours per year;
(b) the temperature load (temperature difference) does not exceed 13 ° C per 24 hours in the monthly average;
(c) the humidity in the monthly average is not more than 87%;
(d) dust fall does not exceed 5 g / m2 per month in the internal spa area.
(2) Not only the level of pollution by individual pollutants, but also the final content of mixtures of pollutants in the air, is decisive for declaring climate conditions favourable to treatment; au
(a) the mean value of the flying aerosol shall not exceed 0,15 mg / m3 per 24 hours and 0,5 mg / m3 per 30 min. in the case of aerosol which does not contain more than 20% of free silica,
(b) the mean value of sulphur dioxide shall not exceed 0,05 mg / m3 per 24 hours and 0,2 mg / m3 per 30 minutes;
(c) other pollutants shall not exceed those specified by the Ministry of Health in each case.
(1) The climate conditions declare for a certain location favourable to treatment by the Ministry of Health on a proposal from the Inspectorate.
(2) An incentive to declare climate conditions favourable to treatment may be given by a national committee in whose district there is a place where a natural spa is to be set up, or by an organisation wishing to benefit from climate conditions. The complaint is given to the Inspector.
(3) The complaint must be supported by expert advice that climatic conditions correspond to the values set out in Section 9 for at least one year before the complaint is lodged.
(1) The Ministry of Health shall, on a proposal from the Inspectorate, withdraw the declaration of climate conditions under favourable treatment if climatic conditions lose their prescribed characteristics and effects or if they cannot be used for preventive treatment. The complaint for cancellation is given to the Inspectorate.
(2) The complaint shall state the reason on which the declaration of climatic conditions under medical conditions is deleted. in particular, the extent to which or, where appropriate, the loss of their prescribed characteristics and effects has occurred.
Use of natural medical resources, natural table mineral waters and climate-friendly conditions
(1) Only natural resources which have been declared medicinal may be used for spa care. The use of natural medical resources for spa care is of paramount social interest.
(2) Natural medical resources may be used by authorities and organisations authorised to provide preventive care for the treatment and permitted by the Ministry of Health on a proposal from the Inspectorate.
(3) The authorisation for the use of a natural medical resource shall provide for:
(a) the scope, manner and conditions of use;
(b) the conditions for hydrological and chemical monitoring of the source at the site of occurrence and at the site of application.
(c) equipment to be built and maintained to use the resource.
(4) The inspector shall supervise compliance with the conditions referred to in paragraph 3; If deficiencies are detected, they shall order their removal.
(1) Natural healing resources should be used to match their capacity.
(2) The authority or organisation which uses or intends to use the resources is obliged to draw up a plan for the use of natural medical resources; the plan shall also identify the quantities of natural medical resources products which may be used other than for spa care. The plan is approved by the Inspectorate.
The sources of natural table mineral waters are mainly used in the care of the health of the people, especially for dietetic purposes and in the fight against alcoholism. The use of these resources must be planned in such a way as to reflect their capacity. The plan for the use of natural table mineral water resources shall be drawn up by the authority or organisation which uses or intends to use the resources. The plan is approved by the Inspectorate.
The treatment of products of natural medical resources and natural table mineral waters may only be carried out according to principles approved by the Inspectorate.
(1) Paragraph 12 (1) and (2) shall apply mutatis mutandis to the use of favourable climatic conditions.
(2) Every 10 years, the authority or organisation benefiting from favourable climatic conditions for treatment must submit to the Inspectorate documentation on the climatic conditions at the spa site, assessing the medicinal properties of the climatic conditions and the results of the measurement of values according to § 9.
Protection of natural spa treatments
The protection of natural spa treatments is ensured by spa status, the establishment of protection zones and other protective measures.
(1) The spa statutes determine the measures to be taken at the spa site in order to protect the treatment regime and to maintain or, where appropriate, create a spa environment.
(2) The spa statutes issued by the Regional National Committees provide in particular that:
(a) only spa facilities are established and operated in the defined internal territory of the spa (internal spa);
(b) in the rest of the spa area (external spa area), establishments and facilities shall be established and operated only if they do not act in a disruptive manner in the provision of spa care and in the spa environment;
(c) measures necessary for the health protection of air, water and soil, noise and shock protection and for improving climate conditions and the appearance of the spa site will be implemented at the spa site;
(d) in the spa area, an economic and cultural educational activity will be developed which creates favourable conditions for the provision of spa care;
(e) continuous infrastructure shall be conducted outside the internal spa area and routes of air flights outside the spa area; local infrastructure and transport facilities will be adapted to fully serve the needs and comfort of the spa visitors.
(1) If the protection measures provided for in the spa statutes are not sufficient to protect the natural health spa and if there is a need to prevent effects in the vicinity of the spa site that would jeopardise or make it difficult for the spa to take care and impair climatic conditions or air cleanliness, protection measures shall also be laid down outside the spa area. If it is for the protection of a wider range, it will be located around the spa area of the protection zone. Such protection measures shall prohibit or restrict the activity harmful to natural health care facilities or shall be imposed on economic activity in order to create favourable conditions for the provision of spa care.
(2) Where this is necessary to protect natural therapeutic baths, further protective measures shall also be laid down outside the protection zones. The third sentence of paragraph 1 shall apply mutatis mutandis.
Where the issue of spa status and the establishment of protection zones or other protection measures is not reserved for the Government, it shall issue spa status, and, where appropriate, provide for protection zones and other protection measures, the competent Regional National Committee shall, on the basis of a binding opinion from the Inspectorate. If the Regional National Committee finds, when discussing draft Statutes, possibly protection zones and other protective measures, that important economic interests would be affected in the protection of spa sites, it shall notify the Ministry of Health. The Minister for Health will submit proposals for decision to the Government of the Slovak Socialist Republic.
In order to prevent damage which could arise from natural health spas prior to the issue of the spa status, before the establishment of protection zones or before other protection measures have been laid down or, where appropriate, before their amendment, the Inspectorate may provide for the necessary provisional protection measures, including outside the spa site or the protection zone. Paragraph 18 and 19 shall apply mutatis mutandis to the content of these measures.
The authorities and organisations in charge of the natural health spa shall establish and maintain weather stations in the internal spa territory and carry out the measurement of pollutants in accordance with the principles specified by the Inspectorate.
Protection of natural medical resources
(1) The protection of natural medicinal resources is ensured by the establishment of protection zones and other protective measures.
(2) Protection zones and other protective measures ensure the protection of natural sources from such activities, in particular economic ones, which may disturb or otherwise adversely affect the viability, physical characteristics, chemical composition or the hygiene of natural sources. Such activities may include, in particular, works subject to the upper law, deep-water drilling, digging, excavation, filling, landfill, pollution, release, water and gas extraction, rock-breaking, wood extraction, etc.
(1) The protection zones are generally established in three stages.
(2) The territory which immediately surrounds the natural source of medicine and in which the source or its products can be most easily and gravely damaged is a protective zone of the first degree. Strict measures shall be taken in this zone to ensure that the source and the quality of its products are permanently delivered; in particular, the work referred to in Article 23 (2) shall be prohibited, except for the work necessary for the operation of the natural hospital or for the use of natural medical resources which may only be carried out with the consent of the Inspectorate.
(3) If there is a risk that the natural health source or its products may be damaged from more remote locations, a protective zone of the second degree shall be established around the protection zone of the first degree. In this zone, the work referred to in Article 23 (2) shall be allowed only with the agreement of the Inspectorate, which may bind the performance of such work to certain restrictions.
(4) In order to ensure the protection of the natural health source, even in an area surrounding the 2nd degree protection zone and having a direct impact on the maintenance of the continuous yield of the source or the quality of its products (e.g. the infiltration zone), a third degree protection zone may also be established. For this zone, the work referred to in Paragraph 23 (2) shall be authorised only with the agreement of the Inspectorate and, where appropriate, with certain restrictions.
Where this is necessary, individual protective measures shall be taken to protect the natural sources and their products against the disruptive effects of the work referred to in Article 23 (2) even outside the protection zones.
Where the establishment of protection zones and, where appropriate, further protection measures is not reserved for the Government, they shall be determined by the Regional National Committee on the basis of a binding opinion from the Inspectorate. If the Regional National Committee, when discussing proposals for protection zones or other protective measures, finds that important economic interests would be affected in the protection of natural sources, it shall notify the Ministry of Health. The Minister for Health will submit proposals for decision to the Government of the Slovak Socialist Republic.
In order to prevent damage which could arise from natural sources of medicine in the meantime before it is established or amended by protection zones and other protective measures, the Inspectorate may provide for the necessary interim protective measures. Paragraph 23 to 25 shall apply mutatis mutandis to the content of these measures.
All interventions and adjustments on natural medical resources may be carried out only with the agreement of the Inspectorate.
Provisions on the protection of natural sources of table mineral waters shall apply mutatis mutandis.
Obligations of the institutions and organisations
(1) A binding opinion of the Inspectorate * must be requested in particular:
(a) prior to the approval of the zoning documentation relating to spa sites or protection zones;
(b) prior to the issuing of territorial decisions and building permits
1. for buildings in the internal spa area and in the protection zone of first-degree natural medical resources or in the narrower provisional protection zone of natural medical resources,
2. for construction in the external spa territory and in the protection zone of natural medical resources of 2nd and 3rd degree, or in the wider interim protection zone of natural medical resources which do not have the character of amenities and housing construction (except heating), carried out up to a maximum depth of 6 m and according to approved planning documentation,
3. for the construction of the cottage and recreation area of the spa site;
(c) prior to the issue of water authorisations in the protection and provisional protection zones of natural medical resources for the construction of sampling facilities and for the collection of groundwater; exemptions from this obligation may be allowed when the protection zones are established;
(d) prior to the issue of an authorisation for works subject to the Mining Act and similar activities in the protection zones of natural medical resources.
(2) The authorities and organisations authorised to take or approve measures for which a binding opinion by the Inspectorate is required may not take such measures or give their consent without a positive opinion by the Inspectorate or before the conditions laid down in the report are met.
(3) The issue of a binding opinion to the Inspectorate and the fulfilment of the conditions laid down in the report shall be noted by the competent authority in the decision approving the planning documentation, in the territorial decision, in the building permit, in the water permit or in the authorisation of works subject to the upper law.
(1) Organisations carrying out drilling, works subject to the upper law and other land work are obliged to notify the inspection of the presence of the source of thermal water (§ 2 (2) (a)) or mineral water (§ 2 (2) (b) - (e)), gas and emancipation within 15 days at the latest.
(2) The inspector shall keep a record of the sources of thermal and mineral water, gases and emulsions which have not yet been declared as natural medicinal sources or sources of natural table mineral waters and decide on their use. In the decision, the Inspectorate shall also determine an adequate method of protecting such a source.
(1) The transfer of real estate and the change in their use in the internal spa area, as well as the setting-up of undertakings and establishments at the spa site, may be carried out only after prior observations by the Inspectorate.
(2) Forestry at a spa site and in the protection zones of natural therapeutic baths and natural medical resources (forests of particular importance and destination) can be declared as suitable forests. The method of management of these forests shall be defined in more detail in the Basic Protocol with the participation of the Inspectorate.
Common and final provisions
The measures under this decree, which would affect the search for and extraction of minerals, forestry and water management, the protection of the air from the point of view of technicoeconomic, agricultural production and hunting, rail transport and public roads, the formation and protection of healthy conditions and a healthy way of life and work, the interests of national nature protection or other general interests, must be discussed in advance with the competent authorities.
The cooperation of the Inspectorate with the Sanitary Service, the State Mining Administration and the State Technical Inspection of Air Protection, or other inspection bodies, shall be carried out in accordance with the agreements between those authorities or their superior central authorities and the Ministry of Health.
The Decree of the Ministry of Health No 151 / 1956 of the Ú. v., on the protection and use of natural therapeutic baths and natural medical resources, is hereby repealed.
This Decree shall take effect on 1 April 1972.
Minister:
Prof. MUDr. Mateíček, DrSc., Retired
*) § 50 paragraph 1 of Act No. 20 / 1966 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Health of the Slovak Socialist Republic No. 15 / 1972 Coll., on the protection and development of natural medical baths and natural medical resources |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.03.1972 |
|---|---|
| Effective from | 01.04.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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