Act No. 17 / 1992 Coll.
Environmental Act
Valid
Effective from 16.01.1992
17
THE LAW
of 5 December 1991
on the environment
Federal Assembly of the Czech and Slovak Federal Republic,
based on the fact that man, along with other organisms, is an integral part of nature,
commemorating the natural interdependence of man and other organisms,
respecting the right of man to transform nature in accordance with the principle of sustainable development,
aware of its responsibility for maintaining a favourable environment for future generations; and
highlighting the right to a favourable environment as one of the fundamental rights of man,
It has been decided in this law:
Purpose of the law
The Act defines basic concepts and establishes basic principles of environmental protection and the obligations of legal and natural persons in protecting and improving the state of the environment and in the use of natural resources; is based on the principle of sustainable development.
BASIC INJURY
Environment
The environment is all that creates the natural conditions of the existence of organisms, including humans, and is a prerequisite for their further development. Its components are mainly air, water, rocks, soil, organisms, ecosystems and energy.
Ecosystem
The ecosystem is a functional system of living and inanimate environmental components that are interconnected by the exchange of substances, energy flows and the transmission of information and that interact and develop in a certain space and time.
Environmental stability
Environmental stability is the ability of the ecosystem to compensate for changes caused by external factors and to maintain its natural characteristics and functions.
Loading of the territory
The load on the territory is such a load on the territory by human activity, in particular its constituents, ecosystem functions or environmental stability.
Sustainable development
The sustainable development of society is such a development that retains the opportunity to meet their basic living needs for current and future generations, while not reducing the diversity of nature and maintaining the natural functions of ecosystems.
Natural resources
(1) Natural resources are those parts of living or inanimate nature that man uses or can use to meet his needs.
(2) Renewable natural resources have the ability to recover partially or completely when gradually consumed, by themselves or with the contribution of man. Non-renewable natural resources are no longer consumed.
Pollution and environmental damage
(1) Environmental pollution is the introduction of such physical, chemical or biological agents into the environment as a result of human activity which is essentially or by volume alien to the environment.
(2) Environmental damage is a deterioration of the state of the environment by pollution or other human activities beyond the limits laid down by specific regulations.
Environmental protection
Environmental protection includes activities that prevent or reduce pollution or damage to the environment. It includes the protection of its individual components, types of organisms or specific ecosystems and their interconnections, as well as the protection of the environment as a whole.
Environmental injury
The environmental damage is the loss or weakening of the natural functions of ecosystems, resulting from damage to their constituents or the disruption of internal links and processes due to human activity.
PRINCIPLES FOR ENVIRONMENT PROTECTION
The territory shall not be burdened by human activity beyond the load-bearing level.
(1) The permitted level of environmental pollution shall be determined by the limit values laid down by specific regulations; These values shall be determined in accordance with the achieved state of knowledge in such a way as to avoid endangering human health and to avoid endangering other living organisms and other environmental compartments.
(2) Limits shall be established taking into account the potential cumulative effect or interaction of pollutants and activities.
If, in view of all the circumstances, it is considered that there is a risk of irreversible or serious damage to the environment, there must be no doubt that such damage will actually take place, there must be no reason to delay measures to prevent such damage.
Everyone may, in a specified manner, seek from the competent authority their rights under this law and other provisions governing environmental matters.
Education, education and education are carried out in such a way as to lead to thought and action that is consistent with the principle of sustainable development, to the awareness of responsibility for maintaining the quality of the environment and its components and to respect for life in all its forms.
OBLIGATIONS FOR ENVIRONMENTAL PROTECTION
(1) Everyone is obliged, in particular by measures at source, to prevent pollution or damage to the environment and to minimise the adverse effects of their activities on the environment.
(2) Anyone using territory or natural resources, design, implement or remove buildings, is obliged to carry out such activities only after assessing their environmental effects and the burden on the territory, to the extent laid down by this law and by specific provisions.
(3) Anyone intending to introduce into the production, circulation or consumption of technology, products and substances, or intending to import them, is obliged to ensure that they meet the conditions of environmental protection and that, in cases provided for by this law and specific provisions, they are assessed in the light of their potential environmental effects.
(1) Anyone who pollutes or harms the environment, or who uses natural resources, by his or her activities is obliged to ensure, at his or her own expense, the monitoring of this activity and the possible consequences thereof.
(2) Legal persons and natural persons authorised to do business are required to provide information on their environmental performance to the extent and under the conditions laid down by specific provisions.
Any person who finds that there is a threat of environmental damage or that it has already occurred shall, within the limits of his or her ability, take the necessary measures to avert or mitigate the consequences of the threat and report these facts to the public authority without delay; the obligation to intervene is not for anyone who would thereby endanger the life or health of his or the loved one. 1)
LIABILITY FOR DISTORTION OF ENVIRONMENTAL OBLIGATIONS
(1) Anyone who has caused environmental damage or other illegal activities shall be obliged to restore the natural functions of the disturbed ecosystem or part thereof. Where this is not possible or is not expedient for serious reasons, it shall replace the environmental damage by other means (replacement performance); If this is not possible, he is obliged to compensate for this damage in money. These refunds shall not be excluded. The method of calculating the environmental injury and other details shall be laid down in a specific regulation.
(2) The competent authority of the State shall decide on the imposition of the obligation referred to in paragraph 1.
(3) The State is entitled to the environmental damage caused; details are laid down by the laws of the Czech National Council and the Slovak National Council.
(4) The general provisions on liability for damage and compensation for damage shall apply to environmental damage, unless otherwise provided for in paragraphs 1 to 3.
(5) The provisions of paragraphs 1 to 3 are without prejudice to the general provisions on liability for damage and compensation.
Transfers
(1) A legal or commercial natural person commits an offence by:
(a) cause environmental damage in the course of its activities by breaching legislation; or
(b) it shall not take measures to remedy or discourage a public authority under Paragraph 19.
(2) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if it is an offence referred to in paragraph 1 (a);
(b) 500 000 CZK if the offence referred to in paragraph 1 (b) is committed.
(3) Transfers are discussed by the environmental authorities.
Fines or other measures under those rules shall be imposed for infringements of obligations laid down in specific provisions on the protection of the environment; This shall be without prejudice to any criminal liability or liability under general law.
The competent authorities of the State Environmental Administration shall be entitled to decide, for a maximum period of 30 days (interim measures), to temporarily suspend or restrict an activity which may cause or cause such damage, where there is a threat of serious damage to the environment or where damage has already occurred, and at the same time to propose measures to remedy the matter to the competent authorities of the State. The details shall be laid down in specific provisions.
ECONOMIC INSTRUMENTS
Natural or legal persons shall pay taxes, fees, levies and other payments for the pollution of the environment and, where applicable, its components and the economic exploitation of natural resources, provided that specific provisions so provide.
Specific provisions provide that legal or natural persons who protect the environment or use natural resources in accordance with the principle of sustainable development may benefit from tax and levy adjustments or from the provision of credit and subsidies.
Environmental protection instruments are also environmental funds; the details are laid down in specific provisions.
PROVISIONS TRANSITIONAL AND FINAL
(1) The use of territories, natural resources, construction, technology, products and substances which do not comply with the provisions of this Act and the conditions resulting from specific regulations on the protection of individual environmental compartments must be brought into line with those provisions within the time limits laid down by them.
(2) Where the compliance referred to in paragraph 1 is not achieved within the time limits laid down by the specific provisions, the activity shall be restricted or terminated. Decisions shall be taken by the competent authorities of the State.
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
1) § 116 of the Civil Code.
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Regulation Information
| Citation | Act No. 17 / 1992 Coll., on the Environment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.01.1992 |
|---|---|
| Effective from | 16.01.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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