Act No. 150 / 2010 Coll.
Act amending Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended
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Effective from 01.08.2010
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150
THE LAW
of 23 April 2010
amending Act No 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended, and Act No 200 / 1990 Coll., on infringements, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Water Law
Act No. 254 / 2001 Coll., on the Water and the Amendment of Certain Laws (Water Act), as amended by Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 167 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 281 / 2009 Coll., Act No. 261 / 2008 Coll., Act No. 167 / 2008 Coll., Act No. 157 / 2009 Coll., Act No. 227 / 2009 Coll., is amended as follows:
1. In the second sentence of Article 1 (1), the words "to ensure the supply of drinking water to the population 'shall be inserted after the words" to contribute'.
2. In Article 1, at the end of paragraph 2, the sentence "Within the framework of the relations governed by this law, the principle of the return on costs of water services, including the costs of related environmental protection and the costs of resources used, shall be added, in accordance with the principle that the polluter pays. ';
3. In Paragraph 2 (2), the word "underground 'is inserted after the word" flowing'.
4. In Paragraph 2 (10), the words "to a specific point of water flow (usually a confluence with another water flow or the resulting water flow to another water body). The water catchment area is bounded by a distribution line, which is the meant boundary of the geomorphological interface between neighbouring floods. The water catchment area shall also include surface water bodies in the water catchment area 'shall be replaced by' and, where appropriate, lakes to the sea in a single result, mouth or delta of water flow '.
5. In Paragraph 2, the following paragraph 11 is inserted after paragraph 10:
"(11) The sub-catchment area is the territory from which all surface effluents flow through a network of watercourses and, where appropriate, lakes to a certain point of water flow (usually a lake or river confluence). '
Paragraph 11 shall become paragraph 12.
6. The following Section 2a is inserted after Section 2:
(1) Surface water status means the general state of the surface water body determined by an ecological or chemical state, whichever is worse.
(2) Groundwater status means the general state of the groundwater body determined by the quantitative or chemical state, whichever is worse.
(3) Ecological status means the expression of the quality of the structure and function of surface water-bound aquatic ecosystems.
(4) A good state of surface water is that of the body of surface water where its ecological and chemical status is at least good.
(5) A good groundwater state is that of the body of groundwater where its quantitative and chemical status is at least good.
(6) A good chemical status of surface water is the chemical status required to achieve the objectives of water protection as an environmental component (§ 23a) where concentrations of pollutants do not exceed environmental quality standards.
(7) A good groundwater chemical status is the chemical status required to achieve the objectives of water protection as an environmental component (§ 23a), where concentrations of pollutants do not exceed environmental quality standards.
(8) Environmental quality standard means the concentration of a pollutant or group of substances in water, sediments or living organisms which must not be exceeded for reasons of human health and the environment.
(9) Quantitative groundwater status means the expression of the degree of impact on the groundwater body by direct and indirect sampling. ';
7. In Paragraph 5 (3), the first sentence is added at the end of the text, "and to ensure that surface water resulting from the impact of atmospheric rainfall on these structures (hereinafter referred to as" withholding water ") is sown or retained and removed in accordance with the building law 4 '.
footnote 4:
"4) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended."
8. In Article 6 (4), the words "decisions or measures of a general nature 'shall be inserted after the words" waters'.
9. In the first sentence of Article 7 (6), the words ", the municipal police, the customs administration of the Czech Republic 'shall be inserted after the words" The ban on navigation referred to in paragraph 5 shall be added, with the exception of the protection zones of water resources I.';
10. in Article 7 (7), the words "for sports activities" shall be deleted;
11. in Article 8 (1), the words "unless it is an activity carried out on the basis of an authorisation under the Mining Act, Explosives Act and State Mining Act 7b)" shall be added at the end of the text in point (e).
Footnote 7b:
"(7b) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended."
12. In Paragraph 8, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) for the use of mining water as an alternative resource in accordance with the Special Act (1a).";
13. the words "municipal police" shall be inserted after the words "Police of the Czech Republic" in Paragraph 8 (3) (d).
14. In Article 8, at the end of paragraph 3, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) the use of the energy potential of groundwater in the absence of the collection or pumping of groundwater;
(f) for the use of mining water by organisations for their own use or for the discharge of mining water by organisations 1a). "
15. in Article 8, the following paragraph 4 is added:
"(4) In doubt whether the treatment of surface water or groundwater and the type of treatment of surface water or groundwater is concerned, the Water Authority shall decide. ';
16. in Article 9, paragraphs 4 and 5, including footnote 8a, read:
"(4) The collection of groundwater for the production of packed infant or spring water may be permitted if the source of groundwater complies with the quality requirements of packed infant or spring water as laid down in the Decree governing quality and health requirements of packaged waters and the manner in which they are adapted (8a); where groundwater under this decree can be modified, the limits on its quality in the indicators in which it can be modified shall be deemed to be fulfilled.
(5) A permit for the disposal of waters which can only be carried out by the use of a waterworks may only be issued at the same time as a permit for such a waterworks in joint proceedings, unless it is an existing or authorised waterworks. In the case of the issue of permits for the handling of water at the same time as the authorisation for the execution of the water works, the statements of such permits shall be mutually conditional; where both decisions are appealed, the appeal proceedings against the water permit shall be initiated first, the appeal procedure for which is the object of the building permit for the execution of the water work shall be suspended until the date on which the decision of the appellate administrative authority in the appeal proceedings against the water permit becomes final.
8 (a) Decree No. 275 / 2004 Coll., on quality and health requirements for packaged waters and their presentation, as amended. '
Footnotes 8a and 8b are renumbered footnotes 8b and 8c, including the footnotes.
17. in Paragraph 9 (6):
"(6) A permit to dispose of water for the use of their energy potential may not be issued for less than 30 years. The Water Authority shall, in accordance with the procedure laid down in Article 12 (2), extend the period of validity of the authorisation by the period laid down in the existing authorisation, unless penalties have been imposed on the authorised person for repeated infringements of the obligations laid down by or under this Law. ';
18. In Article 9, paragraphs 7 to 9 are added:
"(7) The permit for the treatment of water for its bloating or accumulation shall be issued for the period of use of the waterworks which allows such water management.
(8) When authorising the treatment of waters for the purpose of fish or aquatic poultry farming or other aquatic animals [§ 8 (1) (a) (4) and (5)], the Water Authority shall, in its authorisation, lay down the conditions for the use of defective substances for the feeding of fish and the treatment of surface water on fish storage tanks. Where the conditions for the use of dangerous and particularly dangerous substances are laid down in the authorisation, such authorisation shall not be granted for more than 4 years. An authorised person who treats defective substances within the scope of the conditions set out in the first sentence shall not be subject to the second sentence of Paragraph 39 (1).
(9) Authorisations for the treatment of water for the artificial enrichment of groundwater resources by surface water may be granted only if the use of a surface or groundwater source for this purpose does not result in a threat to the objectives set in accordance with § 23a for that water source or targets set in accordance with § 23a for an artificially enriched groundwater source. ';
19. in Paragraph 10 (1), the words "and (c)" and the words "and quality" shall be deleted, the words "which" shall be replaced by the words "which" and at the end of the paragraph the words "(§ 48 (1))" shall be replaced by the words "in accordance with the procedure laid down in Article 22 (2)."
20. In Article 10, the words "in accordance with the procedure laid down in Article 22 (2) 'shall be added at the end of the text of paragraph 2.
21. In Article 10 (3), the words "and water quality" and the words "and the scope, manner and frequency of transmission of the results of these measurements to the river basin managers" shall be deleted.
22. Paragraph 12, including the title and footnote 8c, reads:
Amendment and revocation of the permit for the handling of waters
(1) The Water Authority may, by itself, amend or revoke the official authorisation for the handling of waters:
(a) where the authorised authorisation issued for the treatment of waters is not used or is used only for a minimum period of more than 2 years without serious reason; This does not apply in the case of authorisations under § 8 (1) (b) (1) for the collection of water from back-up sources for the supply of drinking water from the public tap,
(b) where an obligation to connect to sewerage has been imposed on a competent person who is authorised to discharge waste water into surface or groundwater waters, under special legislation 8b),
(c) when the minimum groundwater level has not yet been established or changed.
(2) The Water Authority may amend or revoke the authorisation for the handling of waters at the request of the authorised authority. Where an authorisation has been issued to another person, the applicant must demonstrate that it is authorised by that authorisation.
(3) The Water Authority shall amend or revoke the authorisation for the handling of waters, including in the proceedings referred to in paragraph 1 or 2, if necessary.
(a) to achieve the objectives of the protection of waters adopted in the river basin management plan (Sections 24 and 26);
(b) to meet the reduction programmes for surface water pollution (Sections 34 (2) and 35 (1));
(c) to comply with a programme to reduce pollution of surface water and groundwater by hazardous and particularly dangerous substances (Section 39 (3));
(d) for the supply of drinking water under the water and sewage development plan 8c).
(4) Where a competent authority requests a change in the validity of a permit for the handling of waters, the authorisation shall not cease until the final decision on the application has been taken; the application must be submitted before the expiry of the authorisation for the handling of waters.
(5) Paragraph 9 to 11 shall apply mutatis mutandis to the modification and revocation of authorisations for the handling of waters.
8c) § 4 of Act No. 274 / 2001 Coll., on water and sewage for public use and amending certain laws (Water and Sewerage Act), as amended. '
23. Paragraph 14 (3) reads:
"(3) Where this results from the nature of the case, the Water Authority may specify in the authorisation the conditions and the period for which the authorisation is granted. '
24. Paragraph 14 (4) and (5) are deleted.
25. in Article 15 (1) and (2):
"(1) The authorisation of the Water Authority shall be required for the implementation, changes and uses of water works, and for their abolition and disposal. A permit to carry out or alter a water work to be used for the treatment of waters authorised under § 8 may be issued only if the appropriate water treatment or water treatment is authorised at the same time as the authorisation to carry out or change a water work (§ 9 (5)). In the case referred to in Article 126 (5), the authorisation to carry out or alter a water work shall not be issued at the same time as the decision under the Integrated Prevention Act; the rights and obligations arising from the authorisation to carry out, modify or change the water works may be exercised at the earliest from the date on which the decision under the Integrated Prevention Act becomes final.
(2) The building permit and the declaration do not require construction modifications of the water ducts and sewerage, unless their route is changed. "
footnote 9 is deleted, including the footnote references.
26. In Article 15, at the end of paragraph 3, the sentence "The Water Authority may, in the building permit, impose on the presentation of the operating order of the water works at the latest, together with the notification provided for in Article 120 of the Building Act or with the request for approval of the approval. '
27. In Article 15, paragraphs 8 to 10 are added:
"(8) The Water Authority may order the cessation of works on the construction or removal of the construction carried out or carried out in accordance with an exceptional procedure under the building law by order of the flood authority of the municipality, municipality with extended scope or region. The publication of this decision is the first step in the proceedings.
(9) Water works may not be authorised in the abbreviated procedure under Section 117 of the Construction Act; This does not apply in the case of structures of water lines, sewers and sewerage objects which do not require a permit to handle water.
(10) The Water Authority shall notify the competent building authority of the decision to cancel the water works. '
28. The following Section 15a is inserted after Section 15, including the title and footnotes 10c and 10d:
Notification of water works and water treatment
(1) In order to carry out water works intended for the treatment of waste water into a capacity of 50 equivalent inhabitants, the essential part of which is the CE products referred to in the special legislature10c), notification to the Water Authority is sufficient. The provisions of the Construction Act on the Notification of Buildings shall apply mutatis mutandis in their reporting.
(2) The notification referred to in paragraph 1 shall include:
(a) the formalities provided for in the Construction Act (4);
(b) the category of CE-marked product;
(c) project documentation processed by a person who has been authorised to do so under special legislation (10d);
(d) the method of discharge of waste water;
(e) the statement of the relevant water flow manager in the case of discharges of waste water from the water works into surface waters;
(f) the opinion of the river basin administrator;
(g) the expression of a person with professional competence in the case of discharges of waste water from the water works through the soil layers into groundwater; and
(h) operating rules.
(3) Maintenance work which could adversely affect the environment or the stability of the water works is required by its owner to notify the water authority. The notification shall also be subject to the renewal of water works destroyed by natural disasters or accidents and water treatment. In the cases referred to in the first and second sentences, the time limit for communication by the water authority that it does not object to the renewal shall be 15 days; within that period, the construction office may prohibit the notified renewal or maintenance work or the water treatment plant.
(4) If the Water Authority agrees to carry out the notified water work, the water treatment referred to in Article 8 (1) (c) shall also be permitted; Article 9 (2) shall not apply in that case. The Water Authority shall communicate these facts without undue delay to the river basin administrator. In the event that the water flow is affected by the implementation of the notified water work, the Water Authority shall also inform the competent water flow manager.
10c) § 11 to 13 of Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.
10d) Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and authorized engineers and technicians active in construction, as amended. '
29. In the second sentence of Article 16 (1), "5 'is replaced by" 8'.
30. in Article 16 (3), "Sections 9 to 13 and 38 (5) to (7)" shall be replaced by "Sections 38 (8) to (10)."
31. In Article 17, at the end of paragraph 1, the dot is replaced by a comma and the following point (g) is added:
"(g) drilling for the use of the energy potential of groundwater from which groundwater is not collected or pumped; the Water Authority may, in the procedure for granting such consent, require the applicant to submit an opinion to the applicant of a person with professional competence (8). ';
32. in Article 17 (2), the words "the award decision" shall be deleted;
33. In Article 17 (3), the words "the authorities which decide in the procedure for the authorisation of construction, landscaping, the operation of storage sites for the management of extractive waste or the extraction of minerals" shall be replaced by the words "the competent authorities in the procedure under the special laws (4), (7b), (10b)."
34. In Paragraph 17 (4), the words "the Mining Rescue Services," and the words "the Police of the Czech Republic" shall be inserted after the words "the Municipal Police."
35. The heading under Paragraph 19 is deleted.
36. in Paragraph 19 (1):
"(1) The administrative and territorial authorities shall keep records of decisions given by them, measures of a general nature, binding opinions, endorsements and declarations submitted by them, to which they have given their consent under this law, and of the parts of decisions which have replaced decisions given under the Integrated Prevention Act under this Act. '
37. in Paragraph 19 (2), the words' decisions of the water authorities' shall be replaced by the words' as referred to in paragraph 1 ';
38. in Paragraph 19 (3):
"(3) The administrative authorities and the authorities of the Territorial Authority shall, from their records referred to in paragraph 1, impose decisions, measures of a general nature, binding opinions and identification data to the extent provided for in the decree issued pursuant to paragraph 2, into the public administration information system (Sections 22 (3) and (4)) and transmit them electronically to the Ministry of Agriculture no later than the 15th day of the first month of the following quarter for the calendar quarter. '
39. In Article 19, paragraph 4 is added:
"(4) The river basin managers shall be required to keep up-to-date the data collected from final decisions, general measures and binding opinions of the water authorities to the extent provided for by the decree issued pursuant to paragraph 2 in the public administration information system. ';
40. in Article 21 (2) (c) (1), the words "objects on them" shall be inserted after the words "watercourses and" and "sub-" shall be inserted after the word" objects. "
41.In Paragraph 21 (2) (c) (5):
"5. international water catchment areas in the Czech Republic and sub-catchment areas (§ 24),"
42.Paragraph 21 (3) reads as follows:
"(3) The method of defining hydrogeological havens, the definition of water bodies, the evaluation of their condition and the evaluation of the ecological potential of heavily affected and artificial aquatic bodies (§ 23a), the relevance of water survey and assessment programmes (§ 26 (4)) shall be determined by decree. '
footnote 13a is deleted, including the footnote references.
43. In Paragraph 22 (2), the words "(in particular their quantity and quality)" shall be deleted.
44. in Article 22 (3) (a), the words "objects on them" shall be inserted after the words "watercourses and" objects on them, "the words" subdivisions "shall be inserted after the word" watercourses, "the words" hydrogeological terraces "shall be deleted;
45. in Article 22 (3) (c):
"(c) international water catchment areas in the Czech Republic and sub-catchment areas (§ 24),"
46. in Paragraph 22 (4), the words "hydrogeological zones" shall be inserted at the beginning of point (a).
47. In Paragraph 22, at the end of paragraph 4, the dot is replaced by a comma and the following point (i) is added:
"(i) surface water which is or is intended to become permanently suitable for the life and reproduction of native fish species and other aquatic animals.";
48. In Article 22, the following paragraph 5 is inserted after paragraph 4, including footnote 14a:
"(5) The Ministry of the Environment shall manage as a separate part of the public administration information system pursuant to Section 21 (2) (c) of the Register of Protected Areas in which, following the water bodies of surface or groundwater, it registers areas and territories requiring special protection under this Act or the Nature and Landscape Protection Act 14a).
14a) Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended. '
Paragraph 5 shall become paragraph 6.
49. In Paragraph 23 (1), the words "are made up of the Plan of the main catchment areas of the Czech Republic and the plans of the river basin areas, including programmes of measures. The purpose of water planning 'is replaced by' and its purpose '.
50. in Article 23 (1) (b) and (c):
'(b) reducing the adverse effects of floods and droughts; and
(c) the sustainable use of water resources, in particular for the purpose of supplying drinking water. "
51. Paragraph 23 (2) reads as follows:
"(2) Water planning shall include river basin management and flood management plans. These plans shall form the basis for the exercise of public administration, in particular for territorial planning and water law management. ';
(52) footnote 15a is deleted, including the footnote references.
53.In Article 23a (1) (a), the words "including water bodies situated in the same international basin area" shall be added at the end of the text of point 1.
54. in Article 23a (1) (a) (4), the word "dangerous" shall be replaced by the word "priority" and the words "particularly dangerous substances listed in Annex 1 to this Act to these waters" shall be replaced by "priority hazardous substances."
55. in the first sentence of Paragraph 23a (4), the words "river basin management area (§ 25)" shall be replaced by the words "river basin management area (§ 24)," the words "time limits" shall be replaced by the words "or in the setting of less stringent requirements" shall be replaced by the words "in order to achieve gradually the objectives of water protection for water services or in the setting of less stringent water protection objectives," and the last sentence shall be deleted;
56. Paragraph 23a (5) to (8) reads as follows:
"(5) The period referred to in paragraph 2 may be extended only if there is no further deterioration in the condition of the water service concerned and if the following conditions are met:
(a) where timely achievement of the objectives of water protection is not possible for at least one of the following reasons:
1. the level of the required improvement may be achieved for reasons of technical feasibility only by steps which exceed the statutory limits,
2. Achieving the required improvement within the statutory deadline would be disproportionately costly,
3. the natural conditions do not allow for a timely improvement of the status of the water body within the statutory deadline;
(b) the extension of the time limit and the reasons for its extension shall be specified and explained in the river basin management plan; and
(c) the extension of the time limit shall be limited to a period of no more than two subsequent updates of the river basin management plans, except where the natural conditions are such that the stated objectives of water protection cannot be achieved in those periods.
(6) Less stringent water protection objectives for selected water bodies may be set only if those bodies are affected by human activity to an extent determined in accordance with Paragraph 25 (1) (a) (2), or if their natural conditions are such that the achievement of those objectives would be impracticable or disproportionately costly and if the following conditions are met:
(a) the needs of the environment and the socio-economic needs of such human activities cannot be achieved by other means which would be significantly better from the point of view of the environment and would not entail disproportionate costs;
(b) for surface waters, the best possible ecological and chemical status will be achieved at the given influences which could not be avoided due to the nature of human activity or pollution;
(c) for groundwater, the least possible change shall be made to the good condition of the groundwater, given the effects which could not be avoided due to the nature of human activity or pollution;
(d) there is no further deterioration in the condition of the body concerned; and
(e) the setting of less stringent water protection targets and the relevant reasons will be specified in the river basin management plan and reviewed every six years.
(7) The good condition of groundwater, good ecological status, good ecological potential or the prevention of deterioration of the condition of the surface or groundwater body need not be achieved due to new changes in physical conditions in the surface water body or changes in levels of groundwater bodies. A deterioration in the state of the body of surface water from very good to good may occur due to new permanent human activities.
(8) The application of the exemptions referred to in paragraph 7 shall be possible only if:
(a) all steps are taken to limit adverse effects on the state of the body of water;
(b) the reasons for such amendments or modifications are explicitly stated and explained in the river basin management plan referred to in Article 24 and the objectives are reviewed every six years;
(c) the reasons for such amendments or modifications result from a superior public interest or where the benefits to the environment and society in achieving the objectives referred to in paragraph 1 are outweighed by the benefits of new changes to human health, maintaining the protection of the population or sustainable development; and
(d) the beneficial objectives resulting from such changes or modifications to the body of water cannot be achieved by other means, which would be significantly better from the point of view of the environment, for reasons of technical imfeasibility or for disproportionate costs. "
57. in Article 23a, the following paragraph 9 is added:
"(9) The exemptions provided for in paragraphs 5 to 7 may be applied only if there is no permanent exclusion or concessions in achieving the objectives of water protection as an environmental component in other water bodies located in the same river basin area and their application is consistent with the objectives of environmental protection. ';
58. Paragraph 24, including the title and footnote 16, reads as follows:
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Regulation Information
| Citation | Act No. 150 / 2010 Coll., amending Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Acts (Water Act), as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2010 |
|---|---|
| Effective from | 01.08.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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