Act No. 15 / 2015 Coll.
Act on the abolition of the military escape of Brda, on the establishment of the limits of the military escape, on the change of the border of the regions and on the amendment of the related laws (Law on the border of the military escape)
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Effective from 01.01.2016
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15
THE LAW
of 14 January 2015
on the abolition of the military escape of Brda, on the establishment of the limits of the military escape, on the modification of the border of the regions and on the amendment of the related laws (Law on the border of the military exit)
Parliament has decided on this law of the Czech Republic:
REPEAL OF THE MILITARY BRAIN, DETERMINATION OF THE MILITARY TERRITORIES AND CHANGE OF THE BORDER OF THE COUNTRIES
Cancellation of the Brda military retreat
(1) The Military Departure of Brda and the Central Departure Office of Brda, established in the municipality of Jince, is hereby repealed on 31 December 2015.
(2) On 1 January 2016, the existing cadastral territory of the military departure of Brda is joined
(a) Borovna v Brdy to the territory of Borovna,
(b) Bratkovice in Brdy to the territory of the municipality of Bratkovice,
(c) Dobřev v Brdy to the territory of Dobřev,
(d) Drahlín in Brdy to the territory of the municipality of Drahlín;
(e) Felbabka in Brdy to the territory of Felbabka,
f) Cheech in Brdy to the territory of the village of Burnt Poříčí,
(g) Hvozdec v Brdy to the territory of the municipality of Hvozdec,
h) Chaloupky in Brdy to the territory of the municipality of Chaloupka,
(i) Jince v Brdy to the territory of the municipality of Jince,
(j) Křešín v Brdy to the territory of the municipality of Křešín,
(k) Láz v Brdy to the territory of the municipality of Láz,
l) Little Viska in Brdy to the territory of the village of Mala Viska,
m) Mirošov in Brdy to the territory of the municipality of Mirošov,
n) Míšov v Brdy to the territory of the municipality of Míšov,
(o) Nepomuk in Brdy to the territory of the municipality of Nepomuk,
(p) The town of Brdy to the territory of the municipality of Sornice,
(q) Orazenice in Brdy to the territory of the municipality of Orazenice,
(r) Podluhy v Brdy to the territory of Podluhy,
s) Sádek v Brdy to the territory of the municipality of Sádek,
t) Spooky in Brdy to the territory of the municipality of Strašice,
(u) Cinnamon in Brdy to the territory of the municipality of Cinnamon,
v) Štítov v Brdy k zeměstí štětov,
w) Trokavec in Brdy to the territory of Trokavec,
x) Trees in Brdy to the territory of the village of Trona,
(y) Věšín v Brdy to the territory of the municipality of Věšín,
(z) Vranovice v Brdy to the territory of the municipality of Vranovice; and
(za) Zajechev in Brdy to the territory of the municipality of Zajechev.
(3) Place of permanent residence of a citizen who is registered for permanent residence
(a) the address of the place of permanent residence in a cadastral territory of a military exit referred to in paragraph 2 becomes the address of the place of residence in the municipality to which the cadastral territory of the military departure has been attached; or
(b) the seat of the office of the Ústí office of Brdy becomes the seat of the municipal office of the municipality of Jince.
(4) The property of the Czech Republic (hereinafter referred to as "the State") located in the existing cadastral territories of the military exit of Brda, which, pursuant to paragraph 2, is attached to the territory of adjacent municipalities, remains the property of the State, with the exception of buildings and technical installations with facilities for water and infrastructure drawing necessary for the provision of transport services to the municipalities. On 1 January 2016, the buildings and technical installations with facilities for the drawing and transport of water and infrastructure are transferred to the respective municipalities and regions in the manner laid down in Section 9.
Change the border of the military escape of Boletice and the creation of a new village
(1) The border of the military escape of Boletia is changed by excluding from the existing cadastral territories of the military escape of Boletice the cadastral territories of Polná in Šumava.
(2) A new village called "Polná na Šumava" is established in the cadastral territory of Polná na Šumava.
(3) The border of the military escape of Bologna is changed by joining the existing cadastral territory of the military escape of Bologna
(a) Brežovík 1 and Brežovík 2 to the territory of the municipality of Ktiš,
(b) Hájenky to the territory of the municipality of Křistanov,
c) Mushroom Vrch and Puppet near Český Krumlov to the territory of the municipality of Horní Planá,
(d) Hora cows to the territory of Kajov,
(e) Mítina u Želnava to the territory of the municipality of Želnava; and
(f) Crocarbon to the territory of the Commonwealth of Purity.
Change of Březin military border
The border of the military escape of Březin is changed by joining the existing cadastral territory of the military escape of Březin
(a) Brickerhead u Podivic to the territory of Podivice,
(b) Chaloupky u Otaslavic to the territory of the municipality of Otaslavice,
(c) Municipality of Drahan to the territory of the municipality of Drahana,
(d) Osinky u Krumsína to the territory of the municipality of Krumsín,
(e) Residues near Køenůvek to the territory of the municipality of Hladjovice; and
f) Žleb u Prostějoviček to the territory of the municipality of Prostějovičky.
Change the border of the military escape of the Hradiště and the creation of new municipalities
(1) The border of the military escape of the Hradiště is changed in such a way that the cadastral territories of the military escape of the Hradiště are separated from the cadastral territory of the Bražec near Doupova, Bražec near Těšetice and Doupovská Hradiště.
(2) A new municipality called "Bražec" is established in the cadastral territories of Bražec near Doupov and Bražec near Těšetice.
(3) A new village called "Doupovská Hradiště" is established on the cadastral territory of Doupovská Hradiště.
(4) The border of the military escape of the Hradiště is changed by joining the existing cadastral territory of the military escape of the Hradiště
(a) Alberice near the Hradiště to the territory of the municipality of Verusicky,
(b) The acidity at the Hradiště to the territory of the municipality of Zálka,
(c) Okounov u Hradiště to the territory of Okounov,
d) Podbořanský Rohozec near Hradiště I and Podbořanský Rohozec near Hradiště II to the territory of Podbořanský Rohozec,
(e) Radonice u Hradiště to the territory of the municipality of Radonice,
f) The guard at Hradiště I and the guard at Hradiště II to the territory of the municipality of Hraž nad Ohří,
(g) Valez u Hradiště to the territory of the municipality of Valek; and
h) Vojkovice near Hradiště I and Vojkovice near Hradiště II to the territory of Vojkovice.
Change the border of the military escape Libava and the emergence of new municipalities
(1) The border of the military escape of Libavá is changed by excluding from the existing cadastral territories of the military escape of Libavá from the cadastral territory of the City of Libavá, the City of Libavá I, the City of Libavá II, Kozlov at the Great Escape, Kozlov at the Great Escape of I and Luboměr at Potštát.
(2) In the cadastral territories of the City of Libavá, the City of Libavá I and the City of Libavá II a new village called "City of Libavá."
(3) On the cadastral territory of Kozlov at the Great Escape and Kozlov at the Great Escape I create a new village called "Kozlov."
(4) A new village called "Luborém pod Strážnou" is established in the cadastral territory of Luborík u Potštát.
(5) The border of the military escape Libavá is changed by joining the existing cadastral territory of the military escape Libavá
(a) Domasov over Bystřice I to the territory of Domasov nad Bystřicí,
(b) Hadinka to the territory of Vítkov,
(c) Deep I, Deep II, Deep III and Deep IV to the territory of the village of Deep,
(d) Živová I to the territory of the municipality of Živová,
(e) Mrskles in Moravia I to the territory of the municipality of Mrskles and
(f) New Olives I to the territory of Budišov nad Budišovkou.
Departmental offices and borders of military departmental offices
(1) The seat of the Central Office of the Boletice is the municipality of Kajov. The territory of the military escape of Boletry is defined by the borders of the cadastral territories
(a) Ernest u Český Krumlov,
(b) Boletics,
c) Jablonec u Český Krumlov,
d) Ondřejov u Český Krumlov,
e) Polná u Český Krumlov,
f) Třebovice u Český Krumlov, and
g) Carbon near Český Krumlov.
(2) The City of Vyškov is the seat of the Březina office. The territory of the military escape of Březin is defined by the borders of the cadastral territories
(a) Doubrava near Březina,
(b) Quarries;
(c) Sins,
(d) Pulkava,
(e) Silver at March; and
(f) Groom.
(3) The city of Karlovy Vary is the seat of the Ústní office of the Hradiste. The territory of the military escape of the Hradiště is defined by the borders of the cadastral territories
a) Bracelet near Hradiště,
b) Doupov near Hradiště,
c) Radošov near Hradišov,
(d) Turkey at the Hradiště and
e) Zdar near Hradiště.
(4) The municipality of Libavá is the headquarters of the Ústí office. The territory of the military escape Libavá is defined by the borders of the cadastral territories
(a) Partridges near the town of Libavá,
(b) Black at the town of Libava,
(c) Suburb of the City of Libavá,
(d) Rudoltovice,
(e) Varhosti u Město Libává; and
(f) Great Gunshot.
Change in regional boundaries
(1) The territory of the Central Bohemian Region and the Pilsen Region is amended by transferring the existing cadastral territory of the military exit of Brda referred to in § 1 (2) (a), (c), (f), (m) and (n) to (x) from 1 January 2016 to the territory of the Central Bohemian Region.
(2) The territory of the South Moravian Region and the Olomouc Region is amended by transferring the existing cadastral territory of the military exit of Březin referred to in § 3 (b) to (f) from the South Moravian Region to the territory of the Olomouc Region on 1 January 2016.
(3) The territory of the Karlovy Vary Region and the Ústí Region is amended by moving from the territory of the Karlovy Vary Region to the territory of the Ústí Region on 1 January 2016.
(4) The territory of the Olomouc Region and the Moravskoslezsky Region is amended by transferring the existing cadastral territory of the military escape Libavá referred to in § 5 (5) (b) and (f) from the territory of the Olomouc Region to the territory of the Moravian-Silesian Region on 1 January 2016.
Common provisions on the creation of new municipalities, the citizens of municipalities and the provision of tasks
(1) New municipalities pursuant to § 2 (2), § 4 (2) and (3) and § 5 (2) to (4) are established on 1 January 2016.
(2) The place of permanent residence of a citizen who has permanent residence at the address of his permanent residence in a cadastral territory of a military detour, referred to in § 2 (3), § 3, § 4 (4) or § 5 (5), becomes the address of the place of residence in the municipality to which the cadastral territory of a military detour has been attached.
(3) The place of permanent residence of a citizen who resides at the address of his permanent residence in a cadastral territory of a military detour referred to in § 2 (2), § 4 (2) and (3) and § 5 (2) to (4) shall become the address of the place of residence in the newly created municipality to which the cadastral territory of a military detour belongs.
(4) The place of permanent residence of a citizen who is registered for permanent residence at the office of the office of departure
(a) the military escape of Boletice shall become the seat of the municipal office of the municipality of Kajov;
(b) the military escape of Březina becomes the seat of the municipal office of Vyškov,
(c) the military retreat of the Hradiště becomes the seat of the municipal office of the municipality of Karlovy Vary; or
(d) the military escape of Libavá becomes the seat of the municipal office of the new municipality of Libavá.
(5) Residents with a permanent residence in a cadastral territory of a military escape referred to in § 2 (2), § 4 (2) and (3) and § 5 (2) to (4) may set up one preparatory committee. The number of members of the Preparatory Committee shall be odd and shall consist of at least three members. In particular, the Preparatory Committee shall:
(a) participate in the preparation of the formation of the municipality;
(b) participate in the preparation of elections for the municipal council; and
(c) take part in negotiations concerning the emergence of a new municipality.
(6) The activity of the Preparatory Committee shall be ensured by the appropriate office of departure.
(7) The Ministry of the Interior appoints the municipal administrator for the new municipalities. Paragraph 98 of the Municipality Act applies mutatis mutandis.
Property security of municipalities and regions
(1) State-owned property situated in the cadastral territories referred to in Articles 2 (2) and (3), 3, 4 (2) to (4) and 5 (2) to (5), the list of which shall be approved by the Government, shall be transferred to the municipalities or regions in whose territory they are situated. At the same time as the items referred to in the first sentence go into the ownership of municipalities or regions, their accessories also go. The municipalities or regions enter the State or the legal entity established or established by the Ministry of Defence (hereinafter referred to as "the Ministry ') into related legal obligations. The municipalities and counties shall be transferred to the rights and obligations of the State or of a legal person established or established by the Ministry in connection with these matters and its accessories.
(2) State-owned movable goods consisting of the necessary technical equipment to secure the activities of the municipal authorities of emerging municipalities, and objects which serve to safeguard the needs of the population in the fields of education, culture and social care, which are located in the cadastral territories referred to in Sections 2 (2) and 2 (3), 3, 4 (2) to (4) and 5 (2) to (5) respectively, and are not related to the items referred to in paragraph 1, the list of which is approved by the Government, are transferred to the property of those municipalities. The municipalities enter the place of the State or the place of a legal person established or established by the Ministry into related binding legal relations. The municipalities shall transfer the rights and obligations of the State or of a legal person established or established by the Ministry with regard to these matters and their accessories.
(3) The lists of cases referred to in paragraphs 1 and 2 shall be approved by the Government no later than 30 days before the date of creation of the new municipalities. Matters which are transferred to municipalities or counties and which are subject to registration in the cadastral of real estate shall be identified in the list referred to in paragraph 1 with the cadastral of real estate. The Ministry shall submit an application for registration in the Real Estate Register within 60 days of the date of approval of the list referred to in paragraph 1, in the case of emerging municipalities, within 60 days of their creation.
(4) The Ministry shall consult the preparatory committees, municipalities or regions concerned before submitting them to the Government. On this list, the Ministry shall submit to the Government and to the consent of the preparatory committees, municipalities and regions.
(5) The land intended to fulfil the functions of the forest and land of a permanent grassland type subject to the transition to the municipality referred to in paragraph 1 shall, for a period of one year, be subject to the obligation to bear the use and management of such land by a legal person established by the Ministry who used it at the date of the transfer to the municipality.
Satisfaction of citizens' needs
(1) At the request of the municipality, the competent local authority shall ensure that the needs of residents of the newly created municipalities are met no later than nine months from the date of their establishment in the areas of:
(a) education, social care, health and culture;
(b) local communications management and transport services,
(c) public lighting management,
(d) performance of fire protection tasks;
(e) collection and transport of municipal waste and its safe processing, recovery or disposal;
(f) water supply, drainage and treatment of waste water.
(2) The Ministry and legal entities set up or set up by the Ministry shall participate in the performance of the tasks referred to in paragraph 1. The performance of the tasks referred to in paragraph 1 shall be borne by the Ministry's budget.
Exploration and elimination of ecological or pyrotechnic burdens in dedicated cadastral areas and the focus of new municipal borders
(1) The Ministry in the cadastral territories referred to in § 1 (2), § 2 (2) and (3), § 3, § 4 (2) to (4) and § 5 (2) to (5) shall carry out a survey and take appropriate measures to remove any ecological or pyrotechnic burden on that territory.
(2) The measures referred to in paragraph 1 shall be implemented by the Ministry no later than two years after the change in the boundaries of the military depots or the abolition of the military deputies of the Brda.
(3) If the pyrotechnic or ecological burden occurs after the expiry of the period referred to in paragraph 2, the Ministry shall remove it.
(4) The focus of the new boundaries of the municipalities, the drawing up of geometrical plans and the designation of the new boundaries of the municipalities shall be ensured in a permanent manner if land-based adjustments are carried out on the territory of the municipality at its expense by the Ministry of Agriculture within the framework of these land-based adaptations. The focus of the new boundaries of municipalities, the development of geometrical plans and the designation of new boundaries of municipalities shall be ensured by the Ministry at its expense in other cases.
Transitional provisions
(1) The office of departure shall perform a file separation in accordance with the procedure laid down in the Charter Act and the file service at the agendas, which will be carried out by the municipal authorities of the municipalities, following the abolition of the military departure of the Brda or following the change of the boundaries of the military exits, to whose territories a part of the territory of the cancelled military departure of the Brda or the reserved territory of the military exit has been attached under that law.
(2) In accordance with the procedure referred to in paragraph 1, the organisational bodies of the State and of the legal entities established or established by the Ministry shall also proceed.
(3) The opening administrative procedure concerning goods or residents living in the territory of a military escape before the date of entry into force of this Act shall be completed by the office of departure or by any other competent administrative authority to whose administrative district the assigned cadastral territory of the military departure was situated. If administrative proceedings are initiated by the Central Military Departure Office of Brda, the proceedings initiated shall be completed by the Ministry following the termination of the military detour; in such cases, the time limit for the decision shall be extended by 30 days.
(4) New repairs to immovable property in the territory of a military escape, carried out by the Ministry or by a legal person established by it or established by it, will be completed even after the assets have been removed from the military exit.
(5) The planning documentation approved or issued for the dedicated territories of the military escape in which the new municipality was established shall remain valid. The Ministry shall ensure that the zoning documentation and the zoning documentation are deposited for the dedicated area of military departure with the competent authorities.
(6) The municipality of the county authority shall apply for authorisation to operate a water pipeline or sewerage on the designated cadastral territory no later than one year after the date of acquisition of ownership of the water duct or sewerage. The decision of the Regional Authority on the application of the municipality under the first sentence shall be deemed to have been taken by the municipality to operate a water pipeline or sewerage on the basis of an authorisation.
(7) Until 30 June 2016, the transferred jurisdiction for the newly created municipality shall be exercised by the entrusted municipal authority whose administrative district the newly created municipality belongs. The opening of the administrative procedure referred to in the first sentence shall be completed by the entrusted municipal office which opened it. The contribution to the exercise of the delegation during this period shall be to a municipality with a municipal authority responsible for the newly created municipality.
(8) Paragraph 1 (3), § 8 (2) to (4) also applies to foreigners authorised to reside in the territory of a military exit.
(9) In the period 1 January 2016 to 31 December 2017, tax revenue of twice as calculated in accordance with the Act on the Budget Determination of Taxes shall be entered in the budget of the new municipalities pursuant to Articles 2 (2), 4 (2) and (3) and 5 (2) to (4).
Amendment of the Nature and Landscape Conservation Act
In Article 79 (3) of Act No. 114 / 1992 Coll., on Nature Protection and Landscape Protection, as amended by Act No. 289 / 1995 Coll., Act No. 320 / 2002 Coll., Act No. 100 / 2004 Coll., Act No. 218 / 2004 Coll., Act No. 186 / 2006 Coll. and Act No. 349 / 2009 Coll., at the end of the text of point (t), the words "if these land and buildings are located in the administrative districts of the administration, they exercise the jurisdiction of the nature conservation bodies of the administration 'are added.
Amendment of forest law
Act No. 289 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 149 / 2003 Coll., Act No. 1 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 261 / 2006 Coll., Act No. 501 / 2012 Coll., Act No. 167 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll.
1. In Article 7 (2), the words "and exclusion from this category 'shall be inserted after the words" protective'.
2. in Article 8 (2) (a), the words "national natural monuments" shall be inserted after the words "natural reserves."
3. Paragraph 8 (3) reads as follows:
"(3) The classification of forests in the category of special purpose forests referred to in paragraph 2 and the exclusion from that category shall be decided by the State administration of the forest on a proposal from the forest owner or on its own initiative. ';
4. in Paragraph 48a (1) (a):
"(a) the classification of forests in the category of protective, special purpose forests and the exclusion of forests from those categories (§ 7 (2), § 8 (3)), with the exception of the military forests referred to in § 47 (2),"
5. in Article 49 (2) (c):
"(c) the classification of forests as protective or special purpose forests and the exclusion of forests from those categories (§ 7 (2), § 8 (3)) in military forests,"
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Regulation Information
| Citation | Act No. 15 / 2015 Coll., on the abolition of the Military Departure of Brda, on the establishment of the limits of military departures, on the modification of the borders of regions and on the amendment of related laws (Law on the frontiers of military departs) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.2015 |
|---|---|
| Effective from | 01.01.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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