What is Full text of Act No. 18 / 2010 Coll.?

Full text of Act No. 18 / 2010 Coll., Act of the Czech National Council No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as seen from later amendments — Full text of the Act of the Czech National Council No. 114 / 1992 Coll., on Nature and Landscape Conservation, as seen from later amendments.

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Yes, Full text of Act No. 18 / 2010 Coll. is still valid and effective.

Full text of Act No. 18 / 2010 Coll. - Full text of the Act of the Czech Nation...

18

PRESIDENT OF THE GOVERNMENT

Announces

The full text of the Act of the Czech National Council No. 114 / 1992 Coll., on the Protection of Nature and Landscape, as it results from the changes made by the Act Act No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll., Act No. 161 / 1999 Coll., Act No. 267 / 2008 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 387 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 100 / 2004 Coll., Act No. 168 / 2004 Coll., Act No. 218 / 2004 Coll., Act No. 387 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 2006 Coll.

THE LAW

on nature and landscape conservation

The Czech National Council decided on this law:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Purpose of the law

The purpose of the Act is to contribute to the conservation and restoration of natural balance in the landscape, to the protection of diversity of life forms, natural values and beauty, to the sustainable management of natural resources and to the creation of a Natura 2000 system in the Czech Republic, in accordance with the law of the European Community1c. In doing so, account must be taken of the economic, social and cultural needs of the population and of regional and local circumstances.

§ 2

Nature and Landscape Protection

(1) Nature and landscape protection under this law means the further defined care of the state and natural and legal persons for wild animals, wild plants and their communities, minerals, rocks, paleontological findings and geological units, the care of ecological systems and landscapes, as well as the care of landscape appearance and accessibility.

(2) Protection of nature and landscape under this Act is ensured in particular:

(a) the protection and development of a territorial system of environmental stability in the landscape;

(b) the general protection of species of wild plants and wildlife and the special protection of those species which are rare or endangered, by positive influence on their development in nature and by ensuring that they are maintained, including through the use of special nurseries and nurseries, where appropriate;

(c) the protection of selected mineral sites, paleontological findings and geomorphological and geological phenomena as well as the special protection of selected minerals;

(d) the protection of timber grown outside the forest;

(e) the creation and management of a network of specially protected territories;

(f) participation in the development and approval of forest economic plans to ensure environmentally sound forest management;

(g) participation in the planning and construction process in order to promote the creation of an environmentally balanced and aesthetically valuable landscape;

(h) participation in the protection of the soil fund, in particular in land-based adjustment;

(i) by influencing water management in the landscape in order to maintain natural conditions for the life of aquatic and wetland ecosystems, while maintaining the natural nature and nature of the nearby appearance of watercourses and areas and wetlands;

(j) the renewal and creation of new, naturally valuable ecosystems, such as in reclamation and other major changes in the structure and use of the landscape;

(k) protecting the landscape for environmentally appropriate forms of economic exploitation, tourism and recreation.

§ 3

Definition of terms

(1) For the purposes of this Act, certain basic terms are defined as follows:

(a) the territorial system of environmental stability of the landscape (hereinafter referred to as the "environmental stability system") is an interconnected set of natural and altered but natural ecosystems which maintain a natural balance. A distinction is made between local, regional and trans-regional environmental stability systems,

(b) an important landscape element such as ecologically, geomorphologically or aesthetically valuable part of the landscape shapes its typical appearance or contributes to maintaining its stability. Forests, pegs, watercourses, ponds, lakes, valleys are important landscape elements. They also include other parts of the landscape, which, according to § 6, register the nature conservation body as an important landscape element, in particular wetlands, steppe lawns, draws, limits, permanent grasslands, mineral sites and fossils, artificial and natural rock formations, starting and unveiling. They may also include valuable areas of grassland, including historical gardens and parks. The specially protected part of nature is excluded from this definition [point (f)],

(c) a wild-growing plant (hereinafter referred to as "plant") is an individual or colony of plant species, including fungi, whose populations are kept in the wild spontaneously. The plant is all its underground and above ground parts,

(d) the wild animal ("the animal") is an individual of an animal species whose population is kept in the wild spontaneously, including an individual bred in human care released in accordance with legislation. The animal means all development stages of the individual. The wild population of a domesticated species shall not be considered as a wild animal,

(e) the animal bred in human care is an individual of an animal species born and bred in a controlled environment (1) as a descendant of parents acquired in accordance with this Act and the legislation in the field of trafficking in endangered species (1a);

(f) a rescue station is a facility providing comprehensive care for all animals temporarily unable to survive in the wild in order to return them to the wild, providing, where appropriate and appropriate in view of their health, adequate long-term care, information on the causes of the threats and the appropriate ways of protecting the animals and may cooperate in the implementation of measures to prevent the injury or mortality of the animals,

(g) the animal or plant species is also a systematic unit of a lower order;

(h) the specially protected part of nature is a very significant or unique part of living or inanimate nature; it may be a part of the landscape, geological formation, tree, animal, plant and mineral, declared for special protection by a State authority under Part Three or Five of this Act,

(i) the wood growing outside the forest (hereinafter referred to as "wood") is a tree or bush growing individually in groups in the open landscape as well as in residential areas on land outside the forest fond1b);

(j) paleontological finding is a matter which is an important evidence or remnant of life in the geological past and its development up to now;

(k) the biotope is a set of all non-living and living factors that in interaction create the environment of a particular individual, species, population, communities. Biotop is a local environment that meets the requirements of plant and animal species,

(l) the ecosystem is a functional system of living and inanimate environmental components which are interconnected by the exchange of substances, energy flows and the transmission of information and which interact and develop within a certain space and time;

m) the landscape is a part of the earth's surface with a characteristic relief, consisting of a set of functionally interconnected ecosystems and civilisation elements,

(n) the natural habitat is a natural or semi-natural land or water area defined on the basis of geographical characteristics and characteristics of living and inanimate nature;

(o) natural habitats in the interest of the European Communities (hereinafter referred to as "European habitats") are natural habitats on the European territory of the Member States of the European Communities of those types which are at risk of being lost on their natural site of enlargement or have a small natural area of enlargement due to their retreat or their natural characteristics or constitute exceptional examples of typical characteristics of one or more of the biogeographical regions and which are laid down by the legislation of the European Communities (1d); priority shall be given to those types of European habitats which are at risk of disappearance on the European territory of the Member States of the European Communities, for which the European Communities have a particular responsibility and which are laid down by European Community legislation (1g),

(p) species in the interest of the European Communities (hereinafter referred to as "European significant species") are species in the European territory of the Member States of the European Communities which are at risk, vulnerable, rare or endemic and which are provided for by the legislation of the European Community1e); European priority species requiring special territorial protection, for which the European Communities have special responsibility and which are provided for by European Community legislation (1f), are identified as priority;

(q) A European site is a site requiring special territorial protection (1g) and meeting the conditions laid down in Article 45a (1) which:

1. has been included in the list of sites located on the territory of the Czech Republic selected on the basis of the criteria laid down by the legislation of the European Community1g) requiring territorial protection ("the national list") until it is included in the list of sites of European Community importance ("the European list"),

2. fulfils the conditions for inclusion in the national list but has not been included there and includes a priority type of natural habitat or a priority species, and the inclusion of which in the European list is discussed with the European Commission ("the Commission") until the Czech Republic has agreed to include or not to include a site with the Commission or in a decision of the Council of the European Union ("the disputed site"); or

3. has been included in the European List;

(r) Natura 20001g) is a whole European system of territory with a set degree of protection, which allows the conservation of the types of European habitats (1d) and habitats (1f) in their natural area of enlargement in a state favourable to protection or, where appropriate, to restore this status. In the Czech Republic, Natura 2000 consists of defined bird areas and declared European sites,

(s) the conservation status of the natural habitat shall be considered as "favourable" if its natural area of extension and the areas covered by it are stable or increasing and the specific structure and functions necessary for its long-term conservation exist and are likely to continue to exist in the foreseeable future and the conservation status of its typical species is favourable;

(t) the conservation status of a species is considered to be "favourable" if data on population dynamics of the species concerned indicate that it is maintained as a viable element of its natural habitat in the long term, and the natural area of the species is not and is unlikely to be restricted in the foreseeable future, and there are, and likely to continue to be, sufficiently large habitats for the long term to maintain its stocks;

(u) the integrity of the European site or bird area is understood to mean the coherence of the ecological structures and functions of the European site or bird area assessed in relation to the subjects of their protection;

(v) breeding is any holding of an animal in captivity.

(2) Types of European habitats and European significant species present in the Czech Republic are defined by the Ministry of the Environment by implementing legislation. For European species, it shall identify those which require specific territorial protection under European Community legislation (1f).

ČÁST DRUHÁ

GENERAL PROTECTION OF NATURE AND COUNTRIES

§ 4

Basic obligations for general nature conservation

(1) The definition of the environmental stability system, ensuring the conservation and reproduction of natural wealth, favourable effects on the surrounding parts of the landscape and the creation of foundations for the multilateral use of the landscape, is established and evaluated by the authorities of spatial planning and conservation of nature in cooperation with the authorities of water management, the protection of the agricultural land fund and the state administration of the forestry sector. Protection of the environmental stability system shall be the responsibility of all owners and users of land forming its basis; its creation is a public interest in which the owners of the land, the municipality and the State participate. Details of the definition and evaluation of the environmental stability system and the details of plans, projects and measures in the process of its creation are laid down by the Ministry of the Environment of the Czech Republic (hereinafter referred to as the "Ministry of Environment ') by a generally binding legislation.

(2) Important landscape elements are protected from damage and destruction. They are only used in such a way as not to interfere with their recovery and not to endanger or weaken their stability function. Interventions which could lead to damage or destruction of an important landscape element or to the threat or weakening of its eco-stabilization function must be given a binding opinion by the nature conservation authority. Such interventions include, in particular, the placement of buildings, land modifications, land changes, land drainage, watercourses and tanks and mineral mining. Details of the protection of significant landscape elements are laid down by the Ministry of the Environment by a generally binding legislation.

(3) The binding opinion of the nature conservation authority from the point of view of this Act is also necessary for the approval of forest economic plans and the protocol for the transfer of forest economic osnov1b), for the deforestation and afforestation of land above 0,5 ha and for the construction of forest roads and forest melioration systems. The binding opinion of the Nature Protection Authority shall not be required for crop and mining interventions in forests carried out in accordance with the forest economic plan or protocol taken over by the forest economic curriculum and in the event of accidental mining. A binding opinion on the approval of forest economic plans and the protocol transmission of forest economic curricula shall be issued at the request of the competent authority of the state administration of forests. The binding opinions issued after 60 days following receipt of the request to the competent nature conservation authority shall not be taken into account. If the owner (3a) asks for a preliminary information pursuant to Paragraph 90 (17) on the conditions for the issuance of a consensual binding opinion on the approval of the forestry plan, the competent authority shall, as a general rule, provide this information at the date of the basic investigation, no later than 60 days after receipt of the request.

(4) In the context of the procedure for issuing the binding opinion referred to in paragraph 3, the nature conservation authority shall also carry out an evaluation of the consequences of forest plans and forest economic curricula for European sites or bird areas. The nature conservation authority shall not give a favourable binding opinion on the approval of forest economic plans and the protocol for the transmission of forest economic curricula if they have a significant negative impact on the favourable status of the object of protection of a European site or bird area. In other cases, the nature conservation authority shall issue a favourable binding opinion. The binding opinion on the approval of forest economic plans and the protocol transmission of forest economic curricula shall replace the reasoned opinion referred to in Article 45i (1). The procedure for assessing the consequences of forest economic plans and forest economic curricula shall not apply to the provisions of specific legislation on environmental impact assessment (3b).

§ 5

General protection of plants and animals

(1) All species of plants and animals are protected against destruction, damage, collection or capture which leads or could lead to a threat to these species to being or to degeneration, to the destruction of species' reproductive capabilities, the destruction of the population of species or the destruction of the ecosystem of which they are part. In breach of these conditions of protection, the nature conservation authority shall be entitled to prohibit or restrict the disruptive activity.

(2) The protection provided for in paragraph 1 shall not apply to plant and animal control interventions covered by specific regulations (4). The endangered or rare species of animals and plants are particularly protected in accordance with § 48 to 50 of this Act.

(3) Natural and legal persons are required to act in the course of agricultural, forestry and construction work, in the course of water treatment, in transport and energy, in such a way as to avoid excessive plant mortality and the injury or mortality of animals or the destruction of their biotopes which can be prevented by technically and economically available means. The nature conservation authority shall impose the provision or use of such means, unless the obligor does so himself.

(4) The deliberate extension of a non-native plant or animal to the landscape is only possible with the permission of the nature conservation authority; This does not apply to non-indigenous plant species if it is managed in accordance with an approved forest economic plan or forest owner-occupied forest economic curriculum. Geographically non-native species of a plant or animal is a species that is not part of the natural communities of a particular region.

(5) The deliberate spread of cross-breeds of plant or animal species into the countryside is possible only with the permission of nature conservation authorities.

(6) The nature conservation authority may decide, in accordance with specific legislation4b, to catch geographically non-native animals, including the setting of conditions.

(7) The export and import of endangered plants and animals protected by the international conventions by which the Czech Republic is bound (hereinafter referred to as "the international conventions") are authorised by the nature conservation authority, with the exception of the export and import of endangered species of wild fauna and flora, which are regulated by a special Regulation (4a).

(8) Anyone who has taken on an animal unable to survive temporarily or permanently in the wild as a result of injury, illness or other circumstances shall provide the necessary treatment, or shall forward it to the operator of the rescue station. If an animal temporarily unable to survive in the wild is involved, the person who took it shall take measures to prevent physical changes or behavioural changes which would subsequently prevent its return to nature and its involvement in the wild population. If it is a specially protected animal, the procedure laid down in Paragraph 52 (2) shall be followed.

(9) The rescue station may be operated only on the basis of a decision of the Ministry of the Environment to permit the operation of the rescue station, within which the location of the rescue station is determined, its territorial scope and the extent of care that the rescue station may provide with regard to its equipment and expertise. The application for authorisation to operate a rescue station shall propose the scope of the care provided, the definition of territorial scope and describe its personnel, organisational and technical reinsurance. The Ministry of the Environment shall seek the opinion of the local competent authority for the protection of animals, hunting and veterinary services (4b) for the decision. The designation "rescue station 'may only be used by those who hold a valid permit to operate the station under this provision (" rescue station operator'). The Ministry of the Environment shall keep an overview of the rescue stations and publish it in a way that allows remote access.

(10) The Ministry of the Environment may, on its own initiative, on a proposal from the emergency station operator or on a proposal from the authority referred to in paragraph 8, amend or revoke the permit to operate a rescue station if the conditions under which the authorisation was granted have changed or ceased to exist, or if the operator of the rescue station seriously or repeatedly infringes the provisions of this Act on the special protection of species or regulations on the protection of animals against abuse. In the decision to amend or revoke the permit to operate a rescue station, the Ministry of the Environment shall, if necessary, provide for the provision of further care for animals kept in a rescue station.

(11) The Ministry of the Environment shall lay down by means of implementing legislation detailed conditions for keeping animals in rescue stations, in particular with regard to the possibility of involving these animals back in wild populations and the manner in which they are treated.

§ 5a

Protection of wild birds

(1) In order to protect species of birds living freely in the European territory of the Member States of the European Communities (hereinafter referred to as "birds"), it is prohibited to:

(a) their intended killing or capture by any means;

(b) intentionally damaging or destroying their nests and eggs or removing their nests;

(c) the collection and possession of their eggs in the wild, including empty eggs;

(d) the deliberate disturbance of these birds, in particular during the breeding and rearing of young birds, in so far as it would be significant in terms of the objectives of the Birds Directive (4c);

(e) the holding of bird species the hunting and catching of which are prohibited.

(2) The sale, transport for sale, holding and breeding for sale and offering for sale of live or dead birds and any readily identifiable parts of birds or bird products are prohibited.

(3) Those who hold, breed, transport, exchange or offer such birds subject to prohibition for sale or exchange shall be obliged to prove their legal origin and identity at the request of the nature conservation authority or nature guard. The proof of origin shall be treated mutatis mutandis in accordance with Section 54.

(4) The provisions of paragraph 1 (a) and (e) shall not apply to the fishing of certain species of birds as defined and carried out in accordance with the rules on hunting and that act. The provisions of paragraph 1 (e) and paragraph 2 shall not apply to the rearing of game birds which may be fished. A list of these species shall be established by the Ministry of the Environment in agreement with the Ministry of Agriculture by implementing legislation.

(5) Anyone who builds or reconstructs high-voltage overhead lines is obliged to provide them with protective devices to effectively prevent the killing of birds by electrocution.

(6) The provisions of this provision and of Section 5b shall apply to specially protected bird species in accordance with § 48 only if the protection does not apply to them more stringent, in accordance with § 50 to 57 or under special legislation4a).

§ 5b

Conditions for the derogation procedure for the protection of birds

(1) The Nature Protection Authority may, if there is no other satisfactory solution, provide for a procedure derogating from the procedure set out in Article 5a (1) and (2), where this is necessary in the interests of public health or public safety, in the interests of air safety, in the prevention of serious damage to crops, domestic animals, forests, fisheries and water management, or in order to protect wild fauna and flora. A derogation may also be provided for the purposes of research and teaching, resettlement of a particular territory of populations of a species or reintroduction of a species in its original enlargement zone or for breeding in human care for that purpose.

(2) The nature conservation authority may provide for the derogation provided for in paragraph 1 for the small quantity of birds to be caught, held or otherwise used, provided that the decision on the derogation is taken only on the basis of an assessment of the local population and under strict control conditions.

(3) The decision referred to in paragraph 1 shall include:

(a) the species and quantities of birds to be covered by the derogation procedure;

(b) the means, method or methods permitted for capture or killing;

(c) the reason for the derogation based on paragraph 1 or 2, the conditions and time and local circumstances under which such action may be carried out;

(d) the method of checks to be carried out by the nature conservation authority providing for a derogation procedure.

(4) In the event that the derogation procedure relates to an unspecified circle of persons, the Ministry of the Environment shall determine it by means of measures of a general nature which shall include the elements referred to in paragraph 3 (a) to (d) and the conditions under which the derogation procedure may be applied. The authority which is entitled in such a case to declare that the conditions for the derogation have occurred shall be the local authority responsible for nature conservation.

(5) Those who carry out the activities provided for in paragraph 1 or 4 shall, by 31 December of each year, report to the nature conservation authority an intervention carried out under a derogation procedure. The nature conservation authority shall immediately inform the Ministry of the Environment.

§ 6

Registration of significant landscape elements

(1) The decision to register a significant landscape element is issued by the nature protection authority. The party to the proceedings shall be the owner of the land concerned. The marketing authorisation shall also be notified to the lessee of the land concerned, to the competent building office and to the municipality.

(2) The decision referred to in paragraph 1 shall, in addition to the formalities laid down in the general rules on administrative management (4d), always specify the definition of an important landscape element and the lessons learned about the legal consequences of registration (§ 4 (2)).

(3) The decision referred to in paragraph 1 may be revoked by the authority which has decided to register only in the case of public interest.

§ 7

Wood protection

(1) The wood shall be protected under this provision against damage and destruction, unless it is subject to more stringent protection (Sections 46 and 48) or protection under the Specific Regulations (5).

(2) Wood management, in particular treatment and maintenance, is the responsibility of owners. In case of epizootic or other serious diseases of wood, the nature conservation authority may require owners to carry out the necessary interventions, including felling.

§ 8

Authorisation to cut wood

(1) The authorisation of the nature conservation authority is necessary for the felling of timber, unless otherwise specified. Authorisations may be issued for serious reasons after evaluation of the functional and aesthetic importance of the trees. A permit to cut timber on road land may be issued by the Nature Protection Authority only in agreement with the Road Administration Office (6), and a permit to cut timber on railway tracks may be issued by the Nature Protection Authority only in agreement with the Railway Administration (6a).

(2) The authorisation does not need to be used for felling of timber for growing purposes, that is to say, for the purpose of restoring the crops or for the purpose of conducting the breeding process, for the maintenance of coastal crops carried out in the management of watercourses, for the removal of timber in the protection zone of the installations of the electricity and gas systems carried out in the operation of these systems 6b) and for health reasons, unless otherwise provided in this Act. For these reasons, cutting shall be notified in writing at least 15 days in advance to the nature conservation authority, which may suspend, restrict or prohibit them if they contravene the requirements for the protection of timber.

(3) Authorisations shall not be required to cut down timber with a specified size or other characteristics. This size or other characteristics shall be determined by the Ministry of the Environment by means of a generally binding legislation.

(4) Authorisations do not need to be cut down if life or health is likely and imminent or if there is damage to a significant extent. Those who undertake felling under these conditions shall notify the nature conservation authority within 15 days of the felling.

(5) The Ministry of the Environment sets out by implementing legislation illegal interference in timber which is contrary to the requirements for their protection, the particulars of the application for authorisation for the felling of timber growing outside the forest, the particulars of the notification of felling of timber and the period during which felling is normally carried out.

§ 9

Replacement and levies

(1) The nature conservation authority may, in its decision to authorise the felling of timber, impose on the applicant adequate replacement planting to compensate for the environmental damage caused by felling of timber. At the same time, it may impose the following care on timber for the necessary period, but not more than five years.

(2) The replacement planting referred to in paragraph 1 may be carried out on land not owned by the applicant for felling only with the prior consent of the owner. The municipalities shall keep an overview of the land suitable for replacement planting in their territorial district after prior consultation with the owner.

(3) If the nature conservation authority does not impose a replacement planting as referred to in paragraph 1, he who is obliged to pay the contribution to the budget of the municipality which uses it to improve the environment for construction purposes and with the permission of the nature conservation authority. He who has been illegally cutting down timber is obliged to pay a contribution to the State Environmental Fund of the Czech Republic (7). The amount of the contributions, the conditions for their storage and any waivers shall be laid down in a separate law.

(4) At the same time, by ensuring the replacement of planting provided for in paragraph 1 or by paying the levy provided for in paragraph 3, the obligation of the replacement measure provided for in Paragraph 86 (2) as well as the compensation of the ecological damage (8) shall be fulfilled.

§ 10

Protection and use of caves

(1) Caves are underground spaces created by the action of natural forces, including their fillings and natural phenomena in them.

(2) It is prohibited to destroy, damage or modify caves or otherwise alter their preserved state. Exemptions from this prohibition may be granted by the Nature Protection Authority only where it is in the interests of the protection of the cave or where the other public interest protected by this or other law significantly outweighs the interest in the protection of caves.

(3) For the exploration or research of the cave, permission of the nature conservation authority is required. Authorisations do not need persons authorised by the nature conservation authority to carry out monitoring or inventory, as well as persons in the exercise of state administration, police, persons in the defence of the state and persons in the provision of veterinary care, rescue services or water flow management.

(4) The same protection provided for in paragraphs 2 and 3 as caves shall also be enjoyed by natural phenomena on the surface (for example, beauty sinks, scrapings, dives and herbicides) associated with caves.

(5) The discovery of a cave in mining minerals or in carrying out geological work is required to notify the nature conservation authority without delay. The person authorised to conquer shall also be obliged for as long as necessary, unless the safety and health at work is compromised, to stop the mining activities which could damage the cave found, and to ensure the documentation of the cave at their expense. The documentation shall be transmitted to the nature conservation authority. The content and scope of the documentation shall be determined by the Ministry of the Environment by decree.

§ 11

Protection of paleontological findings

(1) Those who make a paleontological finding which they recognise themselves shall ensure that it is protected against destruction, damage or theft and shall provide it with information on the circumstances of the finding, in particular the location of the finding. In addition, it shall be obliged to communicate in writing the information on the finding made and to allow access and documentation of that finding to persons authorised by the nature conservation authority.

(2) The owner of the land on which the paleontology finding was made, or of the person carrying out the activities in which the finding took place, is obliged, at the request of the nature conservation authority, to allow the persons responsible for carrying out the rescue paleontology research and for the duration of that investigation, but not more than eight days after the notification of the finding, to refrain from, at the place of the finding, any activity which could lead to its destruction or damage. After the completion of the rescue paleontology research, persons authorised by the nature conservation authority shall be allowed to carry out expert paleontological supervision of other work.

(3) Exports of paleontological findings are permitted only with the consent of the nature conservation authority.

§ 12

Protection of landscape and nature park

(1) Landscape character, which is in particular a natural, cultural and historical characteristic of a particular site or area, is protected from activities that reduce its aesthetic and natural value. Intervention into the landscape, in particular the placing and authorisation of buildings, may be carried out only with a view to preserving important landscape elements, especially protected areas, cultural dominance of the landscape, harmonious scale and landscape relations.

(2) The approval of the nature conservation authority is necessary for the placing and authorisation of buildings and other activities which could reduce or alter the landscape. Details of landscape conservation may be provided by the Ministry of the Environment by a generally binding legislation.

(3) In order to protect a landscape character with significant concentrated aesthetic and natural values, which is not particularly protected under Part Three of this Act, the Nature Protection Authority may establish a generally binding legislation on the natural park and provide for restrictions on the use of land which would result in destruction, damage or interference with the state of the territory.

(4) Landscape features shall not be assessed in the built-up territory and in the built-up areas for which the spatial plan or regulatory plan provides for the area and spatial layout and the conditions of protection of landscape character agreed with the nature conservation authority 9a).

§ 13

Transitional protected areas

(1) Territories with a temporary or unforeseen presence of significant plant or animal species, minerals or palaeontological findings may, by its decision, declare the conservation authority as a temporary protected area. The transitional area may also be declared for other serious reasons, in particular scientific, study or information. The transitional protected area shall be declared for a predetermined period or, where appropriate, for a repeated period such as nesting period. The decision to publish it shall limit the use of the territory which would result in destruction, damage or interference with the development of the object of protection.

(2) Where damage is not negligible to the owner or lessee of the land due to the protection conditions of the temporarily protected area, it shall, at his request, be liable for financial compensation from the nature conservation authority which has declared the temporary protected area. When deciding on the amount of the financial compensation, the nature conservation authority may require supporting documents or data on the land yield.

ČÁST TŘETÍ

SPECIAL TERRITORY PROTECTED

HLAVA PRVNÍ

§ 14

Category of specially protected areas

(1) The territory of the natural or aesthetically very important or unique can be declared particularly protected; the conditions for their protection shall be laid down.

(2) The categories of specially protected territories are:

(a) national parks;

(b) protected landscape areas;

(c) national nature reserves;

(d) natural reserves,

(e) national natural monuments;

(f) natural monuments.

HLAVA DRUHÁ

§ 15

National parks

(1) Extensive territories, unique on a national or international scale, with a significant proportion of which are occupied by natural or human activities of small-scale ecosystems in which plants, animals and non-living nature are of particular scientific and educational importance may be declared national parks.

(2) All use of national parks must be subject to the conservation and improvement of natural circumstances and must be in line with the scientific and educational objectives pursued by their declaration.

(3) National parks, their mission and close protection conditions are declared by law.

§ 16

Basic protection conditions of national parks

(1) The entire territory of national parks is prohibited

(a) to manage land in a manner which requires intensive technology, in particular by means and activities which may cause substantial changes in biodiversity, structure and function of ecosystems or irreversibly damage the soil surface;

(b) to dispose of waste originating outside the territory of the national park and to dispose of other waste outside places reserved with the consent of the nature authority;

(c) to camp and build fires outside the places reserved by the nature conservation authority;

(d) to enter and remain with motor vehicles and trailers off-road and local roads and places reserved with the consent of the nature protection authority, except for the entry and residence of vehicles of public authorities, vehicles needed for forestry and agricultural management, State defence and protection of national borders, fire protection, health and veterinary services and water management organisations' vehicles;

(e) organise and organise mass sports, tourist and other public events and operate water sports outside those reserved with the consent of the nature conservation authority;

(f) to conduct rock climbing and flying on parachutes and hang gliders and to ride bicycles off the road, local communications and places reserved with the consent of the nature conservation authority;

(g) to collect plants other than forest fruits or to catch animals, unless otherwise provided for in this Act, the closer protection conditions or the visiting rules of the national park;

(h) to permit or carry out the deliberate spread of non-geographical species of plants and animals;

(i) introduce intensive game breeding, such as disciplines, farm farms and pheasants, except rescue farms, and use poisoned baits in the exercise of hunting rights;

(j) amend the existing land water regime;

k) to build new motorways, roads, railways, industrial buildings, residential buildings, navigational channels, electrical lines of very high voltage and long-distance production lines;

(l) carry out chemical sprinkling routes;

(m) to benefit from minerals, rocks and humolites other than building stone and sand for construction in the national park;

n) organise sightseeing flights by means of means of motor air;

(o) to change the preserved natural environment contrary to the closer conditions of protection of the national park.

(2) The first zone of the national park (Paragraph 17 (1)) is further prohibited.

(a) permit and place new buildings;

(b) enter outside roads marked with the consent of the nature authority, except for owners and tenants of land;

(c) to amend the current composition and area of cultures, unless the change in the national park care plan results,

(d) fertilize, use slurry, silage and other liquid waste.

§ 17

Breakdown of national parks

(1) The methods and methods for the protection of national parks are graduated on the basis of the breakdown of the territory of national parks, as a general rule, into three zones of nature protection defined with regard to natural values. The most stringent protection regime shall be established for the first zone. The more detailed characteristics and the zone regime are governed by the generally binding legislation declaring the national park.

(2) The definition and changes of the different zones of nature conservation are laid down by the Ministry of the Environment by decree after consulting the municipalities concerned. The boundaries of the first zone shall be marked by the management of the national park in the field in an appropriate manner.

§ 18

repealed

§ 19

National Park Visiting Regulations

(1) The territory of national parks is restricted to entry, entry, free movement of persons outside the built-up area and recreational and tourist activities of persons. The conditions of this restriction and the list of tourist and recreational activities which are prohibited shall be laid down in this Act and the Visiting Regulations.

(2) The Visiting Regulations shall be issued by the Nature Protection Authority of the National Park by measures of a general nature; persons permanently residing or working in a national park may be excluded from its scope to the extent specified. The visiting rules may also be issued for part of the national park territory.

Citation	Full text of Act No. 18 / 2010 Coll., Act of the Czech National Council No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as seen from later amendments
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	21.01.2010
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 18 / 2010 Coll.

Full text of the Act of the Czech National Council No. 114 / 1992 Coll., on Nature and Landscape Conservation, as seen from later amendments

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