What is Act No. 164 / 2001 Coll.?

Act No. 164 / 2001 Coll., on Natural Medical Resources, Natural Mineral Water Resources, Natural Spa and Spa Places and on the Change of Certain Related Laws (Spa Act) — Act on Natural Medical Resources, Natural Mineral Water Resources, Natural Spa and Spa Areas and on the Change of Certain Related Laws (Spa Act).

When it became Act No. 164 / 2001 Coll. effectiveness?

Act No. 164 / 2001 Coll. became effective 18.06.2001.

Is Act No. 164 / 2001 Coll. still valid?

Yes, Act No. 164 / 2001 Coll. is still valid and effective.

How many times was it Act No. 164 / 2001 Coll. amended?

Act No. 164 / 2001 Coll. has 19 time versions of the text.

Act No. 164 / 2001 Coll. - Act on Natural Medical Resources, Natura...

164

THE LAW

of 13 April 2001

on natural medical resources, sources of natural mineral water, natural spa and spa sites and on the amendment of certain related laws (spa law)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

NATURAL ACTIVE RESOURCES, SOURCES OF NATURAL MINERAL VESSELS, NATURAL INSTALLATIONS AND LOANS POSTS

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This law lays down the conditions for the search, protection, exploitation and further development of natural medical resources, natural mineral water sources intended primarily for dietetic purposes, natural health baths and spa sites.

§ 2

Definition of terms

(1) The natural source of treatment is naturally occurring mineral water, gas or peloid, which have a property suitable for therapeutic use, and a certificate is issued on this source under this law. Peloid means peat, bacon or mud. Mineral water for therapeutic use means naturally occurring groundwater of original purity containing dissolved solids of at least 1 g / l or containing at least 1 g / l of dissolved carbon dioxide or containing another for the health of a significant chemical element, or having a naturally occurring temperature of more than 20 ° C or radon radioactivity of more than 1,5 kBq / l in the stock.

(2) The source of natural mineral water is naturally occurring groundwater of original purity, permanent composition and properties, which have physiological effects from the point of view of nutrition given by the content of minerals, trace elements or other components which enable it to be used as food and for the production of packaged mineral waters, 1) and the source has been certified under this Act.

(3) Natural treatment facilities are defined as a set of medical and other related facilities for providing spa rehabilitation care (hereinafter referred to as "spa care") 2) established as a natural treatment spa under this Act.

(4) A spa place means the territory or part of the territory of the municipality (3) or more municipalities in which a natural spa is situated, determined as a spa place under this law.

§ 3

Evaluation and use of natural medicinal and mineral resources

(1) The manner and scope of the assessment of the natural medical source and of the sources of natural mineral water, the method of extraction of mineral water, gas and peloid from those sources (hereinafter referred to as "the proceeds"), the treatment, transport and storage of the yield from those sources and the labelling of the product from the natural source are laid down in the Decree of the Ministry of Health (hereinafter referred to as "the Ministry"). The production of packaged natural mineral waters and the handling of the product from the source of natural mineral water shall be carried out in accordance with specific legislation, (4) unless otherwise provided by this law. Indicators of natural exposure from water are laid down in specific legislation. 5)

(2) Only those sources of mineral water, gas or peloid certified to be a natural medical source under this law may be used for spa care purposes.

(3) Only those resources certified under this Act may be used to produce packaged natural mineral waters.

§ 4

Legal nature of the natural medical source, sources of natural mineral water and extracts thereof

(1) The natural health source referred to in § 2 (1) and the source of natural mineral water referred to in § 2 (2) (hereinafter referred to as "the source") are not part of or related to the land and are not owned.

(2) The proceeds from the source shall become the subject of ownership once the person authorised to use the resource has withdrawn it from the source under this law.

HLAVA II

USE OF RESOURCES

§ 5

Source certificate

(1) Certificate that the source of mineral water, gas or peloid (hereinafter referred to as "the intended source") is a natural medical source or source of natural mineral water (hereinafter referred to as "the certificate") shall be issued by the Ministry by decision if it verifies compliance with the requirements of the characteristics of the source laid down in this Act and by a decree of the Ministry issued pursuant to Paragraph 3 (1) of this Act, on its own initiative, on the basis of the owner of the land on or under which the intended source is situated, or on a proposal from the municipality in whose territory the intended source is located, or by a legal or natural person intending to use the intended source.

(2) The Ministry shall assess its composition, characteristics, suitability and use as well as the conditions for ensuring its protection when verifying the intended source. If, on verification, it finds that the intended source does not meet all the requirements and characteristics relating to the suitability of its use for therapeutic purposes or for mineral water the suitability of its use for consumption as food, (1) it shall reject the application for certification by decision.

(3) The Ministry shall notify the decision issuing the certificate:

(a) the parties;

(b) the municipality in whose territory the source is located;

(c) the Ministry of the Environment,

(d) Ministry of Regional Development,

(e) the zoning authority, the building authority (6) and the water authority responsible for the location of the source.

(4) The decision rejecting the application for certification shall be notified by the Ministry only to the parties.

(5) A party to the certification procedure shall be the applicant and persons who have the right to property ownership in or under which the intended source is located and who are to be directly affected by the use of the intended resource, as well as persons who manage such property under specific legislation.

(6) If the source no longer meets the requirements laid down for it or does not have the characteristics for which it has been certified by the Ministry, the Ministry shall revoke the certificate by decision and notify all those to whom the decision to issue the certificate has been notified and, where appropriate, to their successors in title.

(7) Decomposition brought against a decision of the Ministry issued pursuant to paragraphs 1, 2 and 6 shall not have suspensory effect.

(8) Information that the Ministry has issued a certificate decision and the decision to revoke the certificate is declared by the Ministry in the form of a communication in the Collection of Laws and International Treaties. It shall also indicate where the decision can be consulted.

§ 6

Application for certification

(1) The application for certification shall specify:

(a) details of the person making the application, the name, surname, domicile, nationality and birth number or identification number of the person (hereinafter referred to as "identification number"), if any, or the name (s) of the natural person, the registered office and the identification number, if applicable; in the case of a legal person, the name, surname, domicile, nationality and birth number or identification number of the natural person who is its statutory authority, where that authority is designated, shall also be indicated;

(b) a description of the intended source and its surroundings.

(2) The application for certification shall be accompanied by:

(a) semi-hourly and educational orientation of the intended source;

(b) final report on the outcome of geological work, (7) including a proposal to protect the intended source; where the territory in which the mineral water, gas or peloid is located has already been geologically examined, a final report on the outcome of geological works may be replaced by a hydrogeological assessment of the intended source, with the agreement of the Ministry;

(c) evidence of the chemical composition, physical, microbiological and radiological characteristics of mineral water, gas or peloid processed by the Reference Laboratory of Natural Medicinal Resources (§ 40);

(d) expert opinion on the usefulness of mineral water, gas or peloid for therapeutic purposes, for use as food, (1) which is authorised to process a person with competence under a specific legislation7) or a reference laboratory of natural medical resources; for the purpose of their use for therapeutic purposes, the assessment shall also include the medical part processed by the physician - a specialist in physiology, balneology and therapeutic rehabilitation or a field corresponding to the therapeutic use of the source; for the use of mineral water for the production of packaged natural mineral waters, the assessment to the extent laid down by the Ministerial Decree shall also include an assessment of the physiological importance of mineral water for nutrition; the requirements of the expert opinion are laid down in the Ministerial Decree,

(e) a proposal for the use of mineral water, gas or peloid from the intended source;

(f) an image from a cadastral map corresponding to the current state of the cadastral property with an indication of the location of the anticipated source of mineral water, gas or peloid and the boundaries of its necessary protection;

(g) an extract from the cadastral of the real estate, indicating the identification data on the real estate, including data on ownership and other rights relating to the property on or under which the forecast source is located, and the real estate to be directly affected by its use.

(3) Where the application for certification does not contain the particulars referred to in paragraphs 1 and 2, the Ministry shall invite the appellant to complete the application for the missing particulars within a reasonable period of time. If the appellant fails to complete the application within that period, the Ministry shall suspend the proceedings initiated.

§ 7

Certificate formalities

The certificate shall contain the following particulars:

(a) a description of the location of the source;

(b) details of the composition and characteristics of the source;

(c) the use of the resource.

§ 8

Notification obligation

(1) A legal or natural person who, in his search, survey, construction and other activities, finds the presence of groundwater with signs of increased temperature, mineralisation or carbon dioxide, gas or peloid content shall notify the Ministry of this fact no later than 15 days after the date of the finding.

(2) The notification obligation provided for in specific legislation8) is not affected by paragraph 1.

Authorisation to use resources

§ 9

(1) Resources may be used only on the basis of an authorisation issued by the Ministry. In issuing authorisation to use the resource, the Ministry shall ensure that the use of the resource is gentle and that the proceeds from the resource are used primarily for therapeutic and dietary purposes.

(2) Peloids derived from a natural medical source are primarily used for balneological purposes. The method of handling the peloid used shall be laid down by the Ministry in the authorisation issued pursuant to paragraph 1.

§ 10

Application for authorisation to use the resource

(1) An application for authorisation to use a resource may be submitted only by a legal person or a natural person authorised to do business or other activities in which the resource is to be used (hereinafter referred to as "the applicant"); in the application, the applicant shall indicate:

(a) the name and, where applicable, the name, surname, nationality, address of the place of permanent residence in the Czech Republic or, in the case of a person without a permanent residence in the Czech Republic, the address of residence outside the Czech Republic and, where applicable, the address of the place of registered residence in the Czech Republic, the date of birth of the applicant and the identification number, if any, if any, the natural person,

(b) the name, registered office and identification number, if any;

(c) the object of the business or activity in which the resource is to be used;

(d) the designation of the property on or below which the source is located and which is to be directly affected by its use, with an indication of the actual details of the property registered in the property register;

(e) use of the resource;

(f) the estimated date of commencement of the use of the resource;

(g) the estimated date of cessation of use of the resource if the resource is to be used for a fixed period;

(h) an indication of the property in which the applicant will be provided with spa care, an indication of the cadastral territory and the parcel number under which the property is registered in the property register.

(2) The application shall be accompanied by:

(a) a resource recovery plan containing:

1. an image of the cadastral map corresponding to the current state of the cadastral property with the encoding of the resource to be used;

2. semi-educational and educational focus of the source,

3. a copy of the cadastral map with the drawing of the proposed boundary of the source I protection zone and the listings from the cadastral property register located within that proposed protection zone;

4. a copy of the basic map in the scale 1: 10 000 with the drawing of the boundary of the tier II source protection zone,

5. the purpose of using the proceeds from the source (e.g. baths, wraps, bottling),

6. a proposal for the quantity of yield to be recovered from the source,

7. the proportion of any use of the proceeds from the source for a purpose other than that referred to in point 5, indicating that purpose; This does not apply to pelloid which is initially used for balneological purposes,

8. the method of handling the yield used from the source,

(b) proposals for protection zones of resources processed by a person with professional competence under specific legislation, 9)

(c) the statement of the authority of the water authority in accordance with specific legislation if the source of natural mineral water is to be used;

(d) a plan for the reclamation of the bearing if peloid is to be used.

(3) The applicant shall further demonstrate, when submitting an application under paragraphs 1 and 2, that he is the owner of the property on or under which the source is situated and is to be directly affected by the use of the property, or that he has another right to use the property for the use of the resource (e.g. rental contract, liability contract or other contract concluded between the applicant and the owner of the property).

(4) If the application does not contain the particulars referred to in paragraphs 1 to 3, the Ministry shall invite the applicant to complete the application within a reasonable time. If the applicant fails to complete his application within the time limit set, the Ministry shall suspend the authorisation for use of the resource initiated.

§ 11

Parties to the procedure for authorisation to use the resource

The parties to the proceedings for authorisation to use the resource shall be applicants for such authorisation and owners (managers) of the property on or under which the resource is located and which will be directly affected by the use of the resource. A party to the proceedings shall also be a municipality where a permit for the use of a resource is issued in a previously unused base structure or a permit for the use of a resource for which no installations have yet been built. The authorisation to use the resource shall not replace the decision to use the territory under specific legislation. 10) The issuing of an authorisation to use a resource shall be sent without delay by the Ministry to the municipality in whose territory the source is located, as well as to the local competent building office and the water authority; the authorisation for the use of the natural mineral water source shall also be sent to the customs office responsible for the location of the source user.

§ 12

Authorisation to use the resource

(1) The Ministry shall issue a permit for use only of a resource for which a certificate is issued pursuant to Section 5 and only when the applicant has submitted a complete application for authorisation to use the resource pursuant to Section 10. When examining an application for authorisation to use a resource, the Ministry shall assess in particular whether the proposed use of the resource corresponds to the nature and capacity of the resource and whether the applicant is able to ensure the long-term use of the resource in the required quality and has practical experience in the use of resources.

(2) The Ministry shall reject an application for authorisation to use the resource if:

(a) the interest in protecting the source outweighs the interest in using it;

(b) the plan submitted for the use of the resource is not in accordance with the purpose appropriate for its use;

(c) the proposed method of protecting the source does not meet the need for protection;

(d) the authorisation to use the resource has been issued to another applicant, if not for a procedure under Paragraph 18; or

(e) the properties referred to in Article 10 (1) (h) are not situated in the internal territory of the spa site.

(3) When examining the application, the Ministry shall give prior authorisation to the applicant who is the owner of the property on or under which the source is located, and at the same time to cover the cost of the research on the source.

(4) In the authorisation to use the resource, the Ministry shall indicate:

(a) the name and, where applicable, the name, surname, nationality, address of the place of permanent residence in the Czech Republic or, in the case of a person without a permanent residence in the Czech Republic, the address of residence outside the Czech Republic and, where applicable, the address of the place of registered residence in the Czech Republic, the date of birth of the applicant and the identification number, if any, has been assigned to the natural person;

(b) the name, registered office and identification number, if any;

(c) the name of the natural health spa in which the property in which the applicant is to be provided is situated, except where the purpose of the recovery is not related to the provision of spa care;

(d) the subject matter of the business or activity in which the source may be used;

(e) the manner, scope and conditions of use of the resource; for peloid, also the method of handling the pelloid used and the method of reclamation of its bearing;

(f) description of the source and its location;

(g) the method of the authorised adjustment of the yield from the source;

(h) the conditions for hydrogeological, chemical, physical and microbiological monitoring of the source and the yield thereof;

(i) the scope and frequency of the verification of the quality of the resource and the yield thereof;

(j) facilities to be built and maintained to ensure the use and protection of the resource;

(k) the starting date for the use of the resource;

(l) the period of authorised use of the resource if it is to be used for a fixed period.

(5) In the case of historically freely accessible sources and newly obtained sources from the already used base structure, the Ministry may, in the authorisation, provide for the user to allow free collection of mineral water from the source to natural persons for their personal use, to an extent not exceeding 10% of the amount of the source but not exceeding 6 l / min.

§ 13

(1) If the use of a resource for which the authorisation for the use of the resource has been issued requires implementation of a project under a building law, the authorisation of the project may be granted only after prior observations by the Ministry. In its observations, the first sentence, the Ministry shall assess the appropriateness and consistency of the project with the authorisation of the use of the resource. If there is a need to ensure the use of the resource in an authorised manner, the Ministry shall specify in its statement the conditions for the location, implementation or use of the project.

(2) The person who has been authorised to use the resource (hereinafter referred to as "user") shall submit to the Ministry within 1 year of the date of the acquisition of the legal power the authorisation for the use of the resource documentation for the authorisation of the project under the Construction Act for the use of the resource for the procedure for the authorisation of the project under the Construction Act. If the documentation does not correspond to the design authorisation documentation for the authorised use of the resource, the Ministry shall return the design authorisation documentation to the user and determine the method, scope and time limit for its addition or modification.

(3) The Ministry shall issue observations within 60 days of the date of receipt of the documentation for the authorisation of the project. The period for which the design authorisation documentation has been returned to the user for completion or modification shall not be counted. Where an environmental impact assessment is required, the period necessary for such an assessment shall not be counted as a first one within the period laid down in the sentence.

§ 14

Amendments and revocation of authorisation to use the resource

(1) The source user shall notify the Ministry of any changes to the information contained in the application for authorisation to use the resource and the documents attached to the application, at least 30 days before their intended implementation, and, if the changes have not been known in advance, within 15 days of their creation.

(2) The Ministry shall decide on the basis of the notification referred to in paragraph 1, depending on the seriousness of the changes, to amend the authorisation to use the resource or to suspend the use of the resource or to revoke the authorisation. When suspending the use of resources, the Ministry shall at the same time set a time limit within which the user is obliged to remedy the shortcomings which led to the suspension of use of the resource.

(3) The Ministry may, by decision, revoke the final authorisation to use the resource if the user:

(a) has not submitted to the Ministry, within the period referred to in Article 13 (2), documentation for the authorisation of the project or has not completed or completed such documentation within the period specified by the Ministry;

(b) have not begun using the resource within the time limit set in the authorisation to use the resource.

(4) By decision, the Ministry shall revoke the authorisation to use the resource if:

(a) the characteristics of the source have changed in such a way that, in view of the interests set out in this Act, they are not suitable for its use;

(b) the user seriously infringes the conditions laid down by this law or in the authorisation to use the resource;

(c) the use of the resource has adversely affected groundwater or the environment;

(d) the user requests cancellation.

(5) Decomposition against decisions by the Ministry under paragraphs 2 to 4 shall not have suspensory effect.

§ 15

Termination of authorisation to use the resource

(1) The authorisation to use the resource shall cease to exist

(a) the expiry of the period for which it was issued, where that period was indicated in the authorisation;

(b) the loss of the user if the user is a legal person;

(c) the death of the source user, if the user is a natural person;

(d) the cessation or cancellation of a trade or other authorisation (12) or the cessation of the activity in which the source was used;

(e) exhaustion, degradation or loss of resources.

(2) A user wishing to continue using the resource after the end of the period for which the authorisation to use the resource has been issued may request an extension of the period of use of the resource at the latest 12 months before the end of that period. The Ministry shall take a decision on this application no later than 3 months after the date of the application.

(3) In the event of the cessation of the authorisation to use the resource referred to in paragraph 1 (b) and (c), the legal person or natural person continuing the subject of the business (13) or the activity in which the resource is used may use the resource for as long as necessary to obtain the authorisation to use the resource for himself if he notifies the Ministry of Justice of his intention to continue using the resource within 15 days of the date of expiry of the authorisation and submits an application for authorisation to use the resource within 60 days of the date of expiry of the authorisation; In such cases, the Ministry may determine which formalities provided for in Section 10 need not include the application. Pending the issue of a new authorisation for use of a resource, that person shall comply with the conditions set out in the authorisation for use of that resource even if it has expired.

HLAVA III

RESOURCES AND TRAINING

§ 16

(1) The user of the source is obliged

(a) comply with the conditions laid down in the authorisation for use of the resource and the obligations laid down by this law;

(b) notify the Ministry and the competent customs office of the commencement of use of the resource without delay;

(c) keep the equipment intended to ensure the use and protection of the source in good condition;

(d) ensure hydrological and hydrogeological surveillance of the source and monitoring of the chemical, physical, microbiological and radiological properties of the source and yield and their health;

(e) verify the quality of the source and the quality of the yield for its extraction, transport, possible accumulation and, in the case of a natural medical source, even when used for balneation by the Reference Laboratory of Natural Medicinal Resources to the extent and frequency specified in the authorisation for the use of the resource;

(f) to implement measures to ensure the use and protection of the resource and measures imposed to remedy the deficiencies identified;

(g) to follow the instructions of the persons referred to in Article 39 in carrying out the supervision of the use and protection of the source;

(h) provide the data necessary for the maintenance of the register of natural medicinal resources and the register of natural mineral water sources;

(i) notify the Ministry of the actual quantity of revenue from the source by the 15th day of each calendar month for the preceding calendar month;

(j) only use packaging and packaging materials which do not alter the characteristics of the yield and do not have adverse effects on human health for the proceeds from the natural medical source;

(k) indicate on the packaging the yield from the natural medical source, in the case of peloid on the package leaflet, the characteristic composition, the storage method, the period of use and other information provided for in the Ministerial Decree;

(l) to allow the use of a natural medical resource to be used by another user authorised under Paragraph 18 (1) for operating costs;

(m) to allow the beneficiaries referred to in Paragraph 39 to enter land, buildings and facilities and to carry out the necessary investigations and sampling;

(n) to allow the free collection of mineral water from the source to natural persons for their personal use and free access to it, provided that authorisation to use the source is provided for (§ 12 (5)).

(2) The user of the source is obliged to ensure professional supervision of the use and protection of the source by a natural person holding a certificate of competence issued under this Act, no later than 1 year after the entry into force of the decree issued under Paragraph 46 (1) (i).

(3) The source user may only perform interventions and modifications on the source collection equipment with the agreement of the Ministry.

§ 17

(1) By decision of the Ministry, the user shall, at his own expense, conserve or remove the collection facilities to which the source is used if:

(a) does not use the source;

(b) the authorisation to use it under Article 14 (2) to (4) has been revoked;

(c) the permit for its use has expired pursuant to Article 15 (1) (a), (b), (d) or (e), with the exception of the procedure laid down in Article 15 (3);

(d) in order to protect the base structure, it is necessary to remove the source collection equipment.

(2) Decomposition against a decision by the Ministry under paragraph 1 shall not have suspensory effect.

(3) The Ministry shall ensure that the source is preserved or removed if:

(a) it shall not issue a decision pursuant to paragraph 1;

(b) the source does not have a user.

§ 18

Another user and administrator of the natural medical source

(1) If the amount of the natural medical resource is greater than the amount indicated in the authorisation issued to the user of the resource or if the user does not use the amount indicated in the permit for use (§ 14 (2)), the Ministry may authorise the use of the remaining capacity of the resource to another user. Paragraph 10 to 16 shall apply mutatis mutandis. The parties to the procedure for the authorisation of the use of a natural medical resource by another user are the current user of that resource and the other applicant for the authorisation to use it.

(2) At the same time, the user who has been authorised by the Ministry to use the natural medical resource first is the administrator of the source. The natural health source manager shall fulfil the obligations arising from Sections 10 to 17 to the extent specified by the Ministry. The Ministry may designate another user's natural health source manager if its original administrator so requests or does not adequately fulfil the obligations of the user or natural health source administrator.

(3) In a spa area with a large number of health service providers providing spa care using a natural medical resource in this area, the Ministry may designate a person who is not a user of that source by the administrator of that resource.

§ 19

Professional supervision

(1) Only a natural person holding a certificate of competence issued under this Act (hereinafter referred to as "balneotechnik") may supervise the use and protection of resources.

(2) Professional competence shall be verified by examination and certified. The Ministry shall verify competence and issue a certificate of competence for a period of 5 years.

(3) The precondition for obtaining professional competence is:

(a) higher education14) water, hydrogeological or related direction or region and 2 years of experience in water or related fields; or

(b) higher vocational education15) and at least five years of experience in water management or related fields; or

(c) full secondary education15) and at least 10 years of experience in water management or related fields; and

(d) successful completion of the test.

(4) A natural person shall submit a request for a proficiency test to the Ministry. The test may be repeated not earlier than 3 months after the date of the unsuccessful test. The creation and composition of the examination committee, the scope, method and organisation of the proficiency test shall be determined by the Ministry's Decree.

Date of Promulgation	18.05.2001
Effective from	18.06.2001
Effective until	-
Status	Valid

Act No. 164 / 2001 Coll.

Act on Natural Medical Resources, Natural Mineral Water Resources, Natural Spa and Spa Areas and on the Change of Certain Related Laws (Spa Act)

Contents