Act No. 162 / 2003 Coll.
Law on the conditions for the operation of zoos and on the amendment of certain laws (Law on zoos)
Valid
Law
Effective from 01.07.2003
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162
THE LAW
of 18 April 2003
on the conditions of operation of zoos and amending certain laws (Law on zoos)
Parliament has decided on this law of the Czech Republic:
CONDITIONS FOR THE OPERATING OF ZOOLOGICAL FOREIGN
Subject matter
This Act lays down the conditions for the issue of a licence for the operation of zoos (hereinafter referred to as the "licence '), the procedure for the issue of licences, the control of compliance with the obligations under this Act, the basic conditions for granting subsidies from the state budget and other public resources to zoo operators and administrative penalties for infringements of the obligations laid down in this Act.
Basic concepts
(1) For the purposes of this Act:
(a) a permanent establishment in which wild animals and, where appropriate, domestic animals are kept for at least 7 days in a calendar year by a zoo;
(b) the mission of zoos is to contribute, in accordance with the law of the European Community1) to the conservation of the biodiversity of wildlife by keeping them in human care, with particular regard to the rescue of endangered species, as well as the education of the public for the conservation of nature;
(c) an animal of a domestic animal belonging to a biological species resulting from the activity of humans by domestication and living primarily in direct dependence on the care of humans, possibly a secondary wild animal of an originally domesticated species or subspecies;
(d) a wild animal of an animal species the population of which is maintained or maintained, in the case of species missing or extinct in nature, in a voluntary manner; it may also be an individual kept in human care or dependent on human care,
(e) the species of the systematic species and subspecies or geographically separated population;
(f) fish and other aquatic animals, excluding mammals and birds, shall be kept by aquarium;
(g) terrarium of the establishment where reptiles, amphibians and other animals are kept, with the exception of mammals and birds and aquatic animals;
(h) the operator of the legal or natural person operating the zoo under this law.
(2) For the purposes of this Act, a zoo shall not be considered
(a) circuses and similar equipment designed to demonstrate animal dressage;
(b) trade in animals operated under specific legislation, 2)
(c) aquariums, terrariums, exhibitions and other exhibition facilities which hold less than 20 species of wild mammals and birds when they are part of an establishment whose main activity is not the exposure of wildlife to the public;
(d) animal husbandry and holding facilities for special purposes, in particular rescue stations, rescue centres, animal husbandry and farm farming facilities, 3)
(e) facilities for the rearing and keeping of wild animals which hold less than 20 species of wild mammals and birds, subject to exposure free of charge to the public, in particular for the purpose of nurturing or educating the public by providing information on exposed species, their natural habitats and the role of ecosystems.
Conditions for the operation of zoos
(1) The zoo can be operated only on the basis of a licence issued by the Ministry of the Environment (hereinafter referred to as the Ministry).
(2) The names "zoo" or "zoo" may be used only by an operator holding a valid licence.
(3) The operator shall be obliged to place a copy of the licence visibly in the entrances to the zoo intended for the public.
Licence application
(1) Licence applications (hereinafter referred to as "applications") are submitted to the Ministry by a legal or natural person intending to operate a zoo (hereinafter referred to as "the applicant").
(2) The application shall contain:
(a) the business firm or name, the identification number of the person, if assigned, registered and legal form, followed by the name, surname, date of birth and place of permanent residence of persons who are members of the statutory body of the applicant, if the applicant is a legal person;
(b) the name, surname and, where applicable, the Appendix, (4) the date of birth, the identification number of the person, if any, and the place of permanent residence, if the applicant is a natural person;
(c) the name of the owner and the operator of the zoo, if not identical to the person of the applicant, in the manner referred to in (a) and (b);
(d) the list of species of animals and the estimated number of animals classified according to the order of zoological systemics which are or will be kept;
(e) an overview of participation in research beneficial for the protection of species;
(f) an overview of participation in training in protectionist skills;
(g) information on participation in the exchange of information concerning the protection of species;
(h) information on participation in the professionally secured reintroduction of species of wild animals into the indigenous areas (reintroduction);
(i) information on participation in public education in nature conservation, such as the provision of information on exposed species, their natural habitats and the role of ecosystems;
(j) information on the manner in which the continuous record of the collection of wild animals is kept.
(3) The Ministry shall, in order to prove its integrity, obtain an extract from the Register of Penalties under the special legislation 3a). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. A natural person who is not a national citizen of the Czech Republic attests integrity to an extract of a record similar to the Register of Penalties issued by the State of which he is a citizen, as well as documents issued by States in which he has remained continuously for more than 3 months in the last 3 years. A legal person who has its registered office outside the territory of the Czech Republic shall provide proof of integrity by means of a record similar to the Register of Penalties issued by the State in which it has its registered office, if that State issues such documents and documents issued by States in which it has operated for more than 3 months in the last 3 years, provided that those States issue such documents. Statements showing integrity shall not be more than 3 months old. If the State does not issue extracts or documents in accordance with the third and fourth sentences, the natural or legal person shall submit to the Ministry a declaration of his integrity.
(4) Where the particulars referred to in points (e) to (j) of paragraph 2 cannot be substantiated by the applicant, the applicant shall indicate the manner in which it will meet the requirements laid down in those provisions.
(5) If the application is not complete, the Ministry shall invite the applicant to complete the application within 30 days of the date of receipt of the call.
(6) If the applicant fails to complete the application referred to in paragraph 5 within the prescribed time limit, the Ministry shall stop the proceedings.
(7) The municipality and the county in whose territory the zoo is to be operated shall also be a party to the proceedings.
(1) In the licensing procedure, the Ministry shall request written observations (hereinafter referred to as "observations") on each application from the Czech Environmental Inspection Office (hereinafter referred to as "inspections"), the local veterinary authorities (7) and the Central Commission for Animal Protection. 8) The time limit for receipt of observations, which must include reasons, shall be 30 days from the date of receipt of the request. If the Ministry does not receive observations within that time limit, the requested authority shall be deemed not to have a reservation on the request. The administrative rules shall not apply to the issue of observations. 9)
(2) Upon receipt of the observations referred to in paragraph 1, the Ministry shall, in the context of the licensing procedure with the participation of the Commission for Zoos (hereinafter referred to as "the Commission") (Article 11), carry out an on-the-spot investigation at the place where the zoo is to be operated, verifying the information provided for in the application (Article 4 (2)) and assessing the facts relevant for the granting of the licence (Article 6 (2)).
(3) The Ministry shall notify the applicant of the date of the local investigation and the Commission's composition at least 30 days in advance.
(4) In the context of the local investigation, the Commission considers
(a) the veracity of the information provided in the application;
(b) the facts relevant to the granting of the licence (Section 6 (2)), in particular:
1. housing of animals from the point of view of animal health and appropriate living conditions, including feeding, drinking and the possibility of regular cleaning and compliance with breeding standards;
2. the provision of regular veterinary care and, where appropriate, the inspection of quarantine facilities and animal dissection facilities;
3. measures to prevent animal leakage;
4. the provision and quality of the education and training of visitors,
5. the applicant's involvement in national and international activities; and
6. quality and number of professional staff in relation to the number of animals kept.
(5) The Commission shall, after completion of the local investigation, prepare a report on the outcome of the investigation to the extent specified in paragraph 4. The content of the report shall also be an indication of whether the Commission recommends or does not recommend the issue of the licence and the reasons for that statement. The Commission shall forward the report to the Ministry and the applicant within 15 days of the date of the local investigation. The period for the issue of licences (Paragraph 6 (1)) shall not run for that period.
(1) The Ministry shall decide on the application within 90 days of its notification; take into account the observations referred to in Article 5 (1) when deciding.
(2) The Ministry shall issue a licence only to the applicant who:
(a) it fulfils the following conditions:
1. keeping animals under conditions which aim to ensure the biological and conservation requirements of each species and the health and well-being requirements of the animals, in particular by enriches each species with specific supplements for them and maintaining a high level of animal breeding and housing with a quality veterinary care and nutrition programme;
2. prevent releases of kept animals, in particular with regard to the possible ecological threat to the indigenous species and prevent the spread of parasites and agents of diseases from the outside by means of appropriate technical and countermeasures;
3. keep continuous records of its collection of animals in a manner appropriate to the species under surveillance;
4. participate in research beneficial for the protection of species or training in conservation skills or the exchange of information in relation to the protection of species, the breeding of endangered or rare species in human care in order to preserve biodiversity outside their natural habitats (ex situ) or in their natural environment (in situ), or participate in the professionally secured reintroduction of wild fauna species into indigenous areas (reintroduction);
5. educate the public to protect nature, in particular by providing information on the exposed species, their natural habitats and the role of ecosystems;
6. Provides the exercise of activities related to the care of kept animals by natural persons who are competent in the number corresponding to the collection of kept animals. A natural person with a higher education in the field of veterinary medicine, biologist-zoologist, agricultural engineer-zootechnic, or a natural person with other higher education, but with experience of at least 2 years in the field of zoos, shall be considered as competent; and
(b) is fair; the condition of integrity does not satisfy those who, within the period of 3 years prior to the application, have been convicted of a criminal offence, the nature of which relates to an activity carried out in a zoo, unless it is regarded as not being convicted, or who, at that time, has been found guilty of an offence under legislation on the protection of nature and the environment, veterinary or animal protection rules against torture. 10) Where the applicant is a legal person, the condition of integrity of the applicant shall apply to all members of the statutory body of the applicant.
(3) Where the applicant is unable to fulfil one of the conditions referred to in paragraph 2 (a) (4) and (5) at the date of the application, but demonstrates that he is able to comply with those conditions no later than 2 years after the date of the application and the fulfilment of those conditions is not jeopardised by the fulfilment of the mission of the zoos, a licence may be issued to him but for a maximum period of 2 years.
Licences
(1) The decision to issue a licence shall include:
(a) the name and surname and place of permanent residence, or the business name or business name and registered office of the operator and the details of the owner and the operator of the zoo, if they are not identical to the operator [§ 4 (2) (c)];
(b) the legal form of the operator;
(c) the operator's identification number provided by the administrator of the basic register of persons 10a);
(d) the period of validity of the licence.
(2) Licences are issued for an indefinite period, unless the case referred to in Article 6 (3) is concerned.
(3) The operator shall notify the Ministry of any changes and additions to the data and documents provided for the submission of the application (Section 4 (2)).
(4) The operator shall draw up and send annually to the Ministry and at the same time make available to the public an annual report on the activities of the zoo by the end of July of the following calendar year at the latest. The mandatory elements of the annual report on the activities of the zoo are set out in the Annex to this Act.
Cancellation and termination of licence
(1) The Ministry shall initiate the cancellation procedure if the operator has been found to be in breach of the conditions laid down by this Act (§ 6).
(2) The Ministry may conclude the operation or rearing of animals by means of an interim measure if the consequences of the infringement of the conditions laid down in this Act (Section 6) are exclusively affected by such operations or farming.
(3) In justified cases, the Ministry may suspend the cancellation procedure and set a deadline by decision of the operator to remedy the deficiencies for which the procedure was initiated. The period shall not exceed 12 months.
(4) If the operator removes the deficiencies within the prescribed period, the Ministry shall suspend the cancellation procedure.
(5) The Ministry shall immediately inform the inspection, the competent veterinary administration and the Central Commission for Animal Protection and all parties to the licensing proceedings of the cancellation of the licence.
Licence expires
(a) the expiry date referred to in Article 6 (3);
(b) the loss or death of the operator;
(c) the cessation of the operation of the zoo; the operator is obliged to notify the Ministry of the intention to cease the operation of the zoo. In this case, the licence shall expire on the date specified by the operator in the notification and, where appropriate, on the date of receipt of the notification to the Ministry.
The cancellation or termination of the licence shall not relieve the operator of the obligation to ensure proper care for kept animals and the handling in accordance with specific legislation. 10)
Ministry
(1) Ministry as Central Administrative Office for the Operation of Zoos
(a) decide whether to issue or revoke a licence under this Law;
(b) keep records of zoos;
(c) carry out regular checks on zoos (Section 13 (1));
(d) provide subsidies to zoo operators;
(e) decide on the appeal against decisions of inspection under this Law;
(f) cooperate with inspections, local veterinary administrations and the Central Commission for Animal Protection and inform them of the cancellation of licences issued under this Act;
(g) establish the Commission as its advisory body and adopt its Rules of Procedure and Statute.
(2) The Commission draws up a report from the on-the-spot investigation (Section 5 (5)), an opinion in the granting of subsidies (Section 14 (2)) and participates in regular checks (Section 13 (1)).
(3) The Commission appoints and rescues members of the Minister for the Environment, on a proposal from the State Veterinary Administration, Inspection, Central Commission for Animal Protection and Professional Associations of Zoos operators, which are members of the European Association of Zoos and Aquariums or the World Association of Zoos and Aquariums.
(4) Only a natural person with a higher education in the field of veterinary medicine, biologist-zoologist, agricultural engineering-zootechnics, or a natural person with other higher education and experience in zoos, carried out in the last 10 years may be appointed as a member of the Commission.
Control
(1) The inspection shall check compliance by legal or natural persons with the provisions of this Law.
(2) The inspection shall provide the Ministry with information on the checks carried out and on fines or other similar measures imposed under this Law or other legislation. 11)
(3) Veterinary administrations provide the Ministry with information on fines or other similar measures imposed under specific legislation. 12)
(4) The inspection may, by decision, impose on the operator the removal of deficiencies caused by non-compliance with the obligations laid down in Article 3 (3).
(5) Local competent veterinary authorities shall, in the event of the closure of a zoo, carry out checks on the treatment of kept animals in accordance with specific legislation. 12)
A regular check of the zoo referred to in Article 11 (1) (c) shall be carried out by the Ministry in cooperation with the inspection and the Commission at the zoo at least every 2 years. The purpose of the check is to determine whether the conditions laid down in Section 6 are met.
Support for operators
(1) In particular, subsidies may be granted to an operator holding a valid licence from the State budget or from the budgets of the local authorities:
(a) keeping species of wild fauna protected under specific legislation, 11)
(b) keeping breeders' books of species of wild fauna protected under specific legislation11) and processing of information on their breeding in electronic form and making them available;
(c) supporting the operator's participation in nature conservation projects in the Czech Republic;
(d) promoting operator cooperation under international programmes;
(e) care for animals protected and collected under specific legislation, 11)
(f) science and research projects;
(g) projects in the field of educational, educational and cultural activities;
(h) ensuring the continuing vocational training of zoo workers;
(i) construction or reconstruction of the zoo object;
(j) equipment for the zoo by safety and fire protection systems.
(2) The Ministry shall take account of the Commission's opinion when setting priority areas for granting subsidies.
(3) The rules on the grant of subsidies referred to in paragraph 1, in particular under which conditions, the extent to which and the time limits within which the grant is granted, are laid down in implementing legislation.
Closure of a zoo for the public
(1) The inspection will issue a decision to close the zoo to the public if it is operated without a licence.
(2) The inspection shall initiate the procedure for the closure of the zoo for the public referred to in paragraph 1 within 30 days of the date on which it became aware of the facts referred to in paragraph 1.
(3) Where a person operating a zoo without a licence has submitted an application for a licence pursuant to Paragraph 4, the inspection of the procedure referred to in paragraph 2 may, pending the final decision to issue a licence, be suspended if that person has not been revoked under this law.
(4) The inspection shall inform the public, by appropriate means or at site, of the decision referred to in paragraph 1.
Transfers
(1) A natural, legal or business natural person commits an offence by:
(a) improperly uses the name "zoo" or "zoo";
(b) operates a zoo without a licence;
(c) not place a copy of the authorisation referred to in Article 3 (3); or
(d) does not work, does not send or publish an annual activity report to the Ministry pursuant to Article 7 (4).
(2) For the offence referred to in paragraph 1
(a) in points (a), (c) and (d) a fine of up to 500 000 CZK may be imposed,
(b) a fine of up to CZK 3 000 000 may be imposed in (b).
(3) For the offence referred to in paragraph 1
(a) in points (a), (c) and (d) a fine of up to CZK 1 000 000 may be imposed,
(b) a fine of up to CZK 5 000 000 may be imposed in (b);
if it has been committed again within 1 year of the legal authority of the decision imposing a fine on that act.
(1) The transfers under this Act are discussed by an inspection.
(2) The fine is the income of the State Environmental Fund.
(3) The inspection shall keep records of persons who have been recognised by a final decision as having been responsible for the offences referred to in Article 16 and shall keep records of the file material relating to the infringement proceedings imposed pursuant to Article 16 for at least 3 years.
Authorisation provisions
The Government shall lay down rules on the grant of subsidies pursuant to Article 14 (3).
Common provisions
(1) Decisions under this law shall be governed by the administrative rules, 9) unless otherwise provided for by that law.
(2) An operator with a valid licence shall be entitled to donate and receive animals in the framework of international cooperation.
Transitional provisions
(1) A legal person or a natural person who, on the date of entry into force of this Act, operates a zoological garden under existing legislation17) and applies for a licence under this Act no later than 6 months from the date of entry into force of this Act, shall be deemed to hold a valid licence issued under this Act until the decision in the licensing procedure becomes final.
(2) If a legal person or a natural person who operates a zoo under existing legislation does not request a licence under this Act within the time limit laid down in paragraph 1, its authorisation to operate a zoo under the existing legislation shall expire. 17)
(3) Paragraph 10 shall apply to the termination of authorisations for the operation of zoos referred to in paragraph 2.
(4) The period referred to in Article 6 (1), in which the Ministry must decide on a licence application submitted pursuant to paragraph 1, is 1 year from the date of receipt of the application.
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
In Article 19 (2) of Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Republic, as amended by Act No. 173 / 1989 Coll., Act No. 23 / 1992 Coll., Act No. 474 / 1992 Coll., Act No. 21 / 1993 Coll., Act No. 289 / 1995 Coll. and Act No. 272 / 1996 Coll., the words "for the operation of zoos," are inserted in the sentence first after the words "for the conservation of nature and landscape."
Amendment of the Act on the breeding, breeding and registration of livestock and amending certain related laws (Breeding Act)
In Article 1 of Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock and amending certain related laws (Breeding Act), paragraph 2 reads as follows:
"(2) This law shall not apply to the section of breeding and breeding of listed livestock for research and development activity and shall not apply to the section of labelling and registration to animals kept in zoos. ';
Amendment of the Income Tax Act
Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000 Coll., Act No. 100 / 2000 Coll., Act No. 100 / 2000 Coll., Act No. 100 / 2000 Coll., Act No. 99 / 2000 Coll., Act No. 99 / 2000 Coll., Act No. 2000 Coll., Act No. 99 / 2000 Coll., Act No. 100 / 2000 Coll., Act No. 2000 Coll.
1. In Article 4, at the end of paragraph 1, the dot is replaced by a comma and the following points (zk) and (zl) are added:
"(zk) income in the form of gifts provided for the operation of a zoo, the operator of which holds a valid licence, 4i)
(zl) income from advertising made possible through the operation of a zoo, the operator of which holds a valid licence. 4i)
4i) Act No. 162 / 2003 Coll., on the conditions of operation of zoos and on the amendment of certain laws (Act on zoos). '
2. In Article 18 (3), the words "with the exception of Article 19 (1) (z) 'are inserted after the words" advertising revenue'.
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Regulation Information
| Citation | Act No. 162 / 2003 Coll., on the Conditions of Operation of Zoos and on the Amendment of Certain Laws (Act on Zoos) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.2003 |
|---|---|
| Effective from | 01.07.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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