Act No. 163 / 2006 Coll.
Act amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and amending certain related laws (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll.
Valid
Effective from 27.04.2006
163
THE LAW
of 24 March 2006
amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and amending certain related acts (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll., is amended as follows:
1. Paragraph 4 (1) reads as follows:
"(1) The subject of assessment under this Act is:
(a) the projects listed in Annex 1 to this Act of Category I and the changes to those projects, provided that the change in the project's own capacity or scope reaches the relevant limit value, if specified; such projects and changes to projects are always subject to assessment;
(b) the projects listed in Annex 1 to this Law of Category II, including those below the relevant limit values; such projects shall be subject to assessment where the survey procedure provides that they may have a significant environmental impact;
(c) changes to the project referred to in Annex 1 to this Act if its capacity and scope are to be significantly increased or if its technology, traffic management or use is significantly changed and if the changes referred to in (a) are not made; such changes to projects shall be subject to assessment where the survey procedure provides that they may have a significant impact on the environment,
(d) projects for which an opinion pursuant to Article 10 (3) is requested to be extended, where provided for in the investigation procedure provided for in Article 7. "
2. In Paragraph 4 (2), the words "and the public shall be informed of the results of this assessment 'shall be added at the end of the text in point (b).
3. In Article 6 (3), the first and second sentences shall be replaced by the following: "If the notification complies with the requirements of paragraph 2, the competent authority shall, within 7 working days of the date of receipt of the publication of the notification referred to in paragraph 16, at least publish on the Internet the text part of the notification."
4. In Article 6, the following paragraph 4 is inserted after paragraph 3:
"(4) Within the time limit referred to in paragraph 3, the competent authority shall send a copy of the notification requesting observations to the administrative authorities concerned and to the local authorities concerned. For projects below the relevant limit values set out in Annex No 1, category II, and for changes to the projects referred to in Article 4 (1) (c), the competent authority shall send a copy of the notification requesting comments to the administrative authorities and to the local authorities concerned if it considers it necessary. ';
Paragraph 4 shall become paragraph 5.
5. In Article 6 (5), the sentences of the second and third paragraphs are deleted.
6. In Section 7 (1) of the final part of the provisions, the first and second sentences are replaced by the sentence "For a project listed in Annex 1 to this Act category II and, in the cases referred to in Section 4 (1) (c) and (d), the purpose of the investigation procedure is also to determine whether or not the project will be assessed under this Act."
7. Paragraph 7 (2) and (3) reads as follows:
"(2) The investigation procedure shall be initiated on the basis of a notification and shall be carried out in accordance with the principles (criteria) set out in Annex 2 to this Law. In determining whether a project or change of intention has significant environmental effects, the competent authority shall always take into account:
(a) the nature and extent of the project and its location;
(b) the circumstances in which the intention or change of intention by capacity reaches the limit values set out for projects of the species concerned in Annex 1 to this Act of Category II;
(c) the comments received by the public, the administrative authorities concerned and the local authorities concerned.
(3) The investigation procedure shall be terminated by the competent authority within 30 days of the date of publication of the notification information referred to in Article 16. The competent authority shall, upon completion of the investigation procedure, forward its reasoned written conclusion to the notifier without delay and publish it in accordance with Article 16. ';
8. In Article 7 (4) and (5), "2 'is replaced by" 3'.
9. Paragraph 7 (6) is deleted.
10. In the first sentence of Article 8 (1), "Article 7 (6) 'is replaced by" an agreement with the competent authority'.
11. in Paragraph 10 (4):
"(4) The Administrative Office which issues decisions or measures under specific legislation1a (hereinafter referred to as the Decision) shall publish an application for the adoption of this Decision at least on the Internet. It shall always take account of the content of the opinion when deciding. Without an opinion, the decision or measure necessary to implement the project may not be taken in any administrative or other procedure or in any other procedure under specific legislation1a). In such procedures and procedures, the competent authority shall be the administrative authority concerned. In its decision, the Administrative Office shall always take account of the content of the opinion. Where specific environmental requirements are mentioned in the opinion, they shall be included in its decision; otherwise it shall state the reasons for which it did not do so or did so only partially. The decision shall always include a justification. ';
12. in Article 10g (4), the words "and such justification to be published" shall be deleted.
13. in Paragraph 10g, the following paragraph 5 is added:
"(5) The authorising authority shall publish the approved concept, the justification referred to in paragraph 4 and the arrangements for ensuring the monitoring and analysis of the effects of the concept on the environment and public health referred to in Article 10h. Such publication shall be subject to the obligation to inform the competent authority, the authorities concerned and the local authorities concerned within 7 working days. ';
14. in Article 10i (9), the second sentence is deleted;
15. in Article 10j (2), the words "the Ministry is required" shall be replaced by the words "the Central Administrative Office is obliged."
16. in Paragraph 10j, paragraph 4 is deleted;
Paragraphs 5 to 7 shall be renumbered paragraphs 4 to 6.
17. in Article 14a (5), at the end of the text of the first sentence, the words "together with other information referred to in Article 10g (5)" shall be added and the words "and this information shall be inserted after the word" concept "within 7 working days."
18. In Paragraph 15, the first sentence after the word "intent 'is replaced by the words" including, where appropriate, options for the solution of the intention'.
19. In Article 19, the sentence "The processing of the documents referred to in paragraph 1 shall be added at the end of paragraph 2 to ensure the authorisation holder in the field of environmental impact assessment as referred to in paragraph 1, first sentence. ';
20. in Paragraph 23 (6), "points 3.2 to 3.5 and II (3.5)" are replaced by "points 2.5, 3.2 to 3.5 and II (3.5)."
21. in Annex No 1, category I, point 1.3 of the column "PROJECT" the words "10 million m3 / year" shall be replaced by the words "10 million m3 / year";
22. In Annex No 1, category I, point 2.2 of the column "PROJECT ', the words" or amendment to existing' are deleted.
23. In Annex No 1, category I, point 2.3 of the column "PROJECTION ', the current text is replaced by the text" Mining of other minerals - new mining space; extraction of other minerals over 1 000 000 tonnes / year; extraction of peat in an area of 150 ha or more'.
24. In Annex 1, category I, point 3.6 of the column "PROJECTION ', the word" transmission' is deleted.
25. in Annex No 1, category I, point 4.1 of the column "PROJECT", the word "(sintering)" is inserted after the word "sintering."
26. In Annex No 1, category I, point 6.2 of the column "PROJECT ', the current text is replaced by the text" Installations for asbestos extraction; Equipment for the processing and conversion of asbestos and products containing asbestos:
(a) to asbestos-cement products with an annual production exceeding 20 000 tonnes of finished products;
(b) for friction materials with an annual production exceeding 50 tonnes of finished products,
(c) for continued use of asbestos over 200 tonnes / year. "
27. in Annex No 1, category I, point 7.5 of the column "PROJECTION" the word "pesticides" is replaced by "biocides, pesticides."
28. In Annex 1, category I, point 9.2 of the column "PROJECT ', the current text is replaced by the text" Airport with take-off and landing distance of 2 100 m or more'.
29. In Annex No 1, category I, point 9.4 of the column "PROJECT ', the current text is replaced by the text" New construction, extension and transshipment of four or more lanes of road or local roads, including extensions or transhipments of existing roads or local roads with two or less lanes of four or more lanes of 10 km or more'.
30. In Annex 1, category I, point 10.1 of the column "PROJECTION ', the current text is replaced by the text" Device for disposal of hazardous waste'.
31. in Annex No 1, category I, point 10.2 of the column "PROJECT", the current text is replaced by the text "Equipment for the disposal of other waste with a capacity exceeding 30 000 tonnes / year."
32. In Annex No 1, category II, point 2.1 of the column "PROJECTION ', the current text is replaced by the text" Coalmining over 100 000 tonnes / year'.
33. In Annex No 1, category II, point 2.5 of the column "PROJECTION ', at the end of the dot, the words" the extraction of peat in an area of up to 150 ha' are replaced by the words "the extraction of peat '.
34. In Annex No 1, category II, point 2.11, in the column "PROJECTION ', the words" for public use' are deleted.
35. In Annex No 1, category II, point 3.1 of the column "PROJECTION ', the word" MWe' is replaced by "MW '.
36. In Annex No 1, category II, point 3.6 of the column "PROJECT ', the words" Transmission lines' are replaced by the words "Management '.
37. In Annex 1, category II, point 3.8 of the column "PROJECT ', the current text is replaced by the text" Natural gas storage tanks and other flammable gases with a capacity exceeding 10 000 m3.' and from column B the cross is moved to column A.
38. In Annex No 1, category II, points 5.4 and 5.6 of the column "PROJECT ', the words" chemicals' are replaced by the words "selected hazardous chemicals and dangerous chemicals (very toxic, toxic, health harmful, corrosive, irritating, sensitising, carcinogenic, mutagenic, toxic for reproduction, hazardous to the environment) 11a '.
Footnote 11a reads:
"11a) Act No. 356 / 2003 Coll., on Chemicals and Chemicals and amending certain laws, as amended."
39. In Annex No 1, category II, point 6.2 of the column "PROJECTION ', the words"; asbestos-producing establishments and products containing asbestos (projects not listed in Category I)' are added at the end of the text.
40. In Annex No 1, category II, point 8.11, in the column "PROJECTION ', the words" (including the production of fish meal and fish oil)' are inserted after the word "fish '.
41. In Annex 1, category II, point 9.1 of the column "PROJECTION ', the current text is replaced by the text" New construction, extension and transverse of roads of all classes and local roads of Class I and Class II (projects not listed in Category I)'.
42. In Annex 1, category II, point 9.5 of the column "PROJECT ', the word" or' is replaced by the word "a '.
43. In Annex 1, category II, point 10.1 of the column "PROJECTION ', the current text is replaced by the text" Equipment for the storage, treatment or recovery of hazardous waste; equipment for the physical-chemical treatment, energy recovery or disposal of other waste.';
44. In Annex No 1, category II, point 10.4 of the column "PROJECTION ', the word" substances' is replaced by "chemicals and chemical preparations'.
45. In Annex No 1, category II, point 10.15 of the column "PROJECTION ', the current text is replaced by the text" Projects under this Annex which do not exceed the relevant limit values if those limit values are given in the Annex; the construction, activities and technology not listed in the previous points of this Annex or the non-reaching parameters of the previous points of this Annex which, according to the opinion of the nature conservation authority issued under the special legislature12a), may, individually or in conjunction with others, have a significant impact on the territory of the European major site or bird region.' and from column A, the cross is moved to column B.
Footnote 12a:
"12a) § 45h and 45i of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll. '.
46. In the first sentence of Annex 2, the words "on the basis of available supporting documents and information 'shall be inserted after the words" competent authority'.
47. in Annex 3, point B.I., the words "and its entries as set out in Annex 1" shall be added at the end of the text in point 1.
48. In Annex 3, point B.I, the following point 9 is added:
'9. A list of subsequent decisions pursuant to Paragraph 10 (4) and the administrative authorities which will issue those decisions. '
49. In Annex 3, at the end of Part H, the sentence "Opinion of the Nature Protection Authority, if required under Section 45i (1) of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll. 'is added.
50. In Annex 4, point B.I., the words "and its inclusion as set out in Annex 1 'shall be added at the end of the text in point 1.
51. in Annex 4, Part B.I, the following point 9 is added:
'9. A list of subsequent decisions pursuant to Paragraph 10 (4) and the administrative authorities which will issue those decisions. '
52. In Annex No 4, at the end of Part H, the sentence "Opinion of the Nature Protection Authority, if required under § 45i (1) of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll. 'is added.
53. In Annex No 7, Part E, the following point 4 is added:
"4. Opinion of the Nature Protection Authority, if required under § 45i (1) of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll. '.
54. In Annex 8, point 3 is added:
'3. The expected contribution of the assessment of the concept in relation to the assessment of other concepts processed at different levels in the same area. '
Transitional provisions
1. Environmental impact assessments initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
2. The existing legislation shall apply to proceedings and procedures initiated before the date of entry into force of this Act.
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 163 / 2006 Coll., amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and on the Amendment to Certain Related Acts (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2006 |
|---|---|
| Effective from | 27.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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