Act No. 181 / 2008 Coll.
Act amending Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended
Valid
Law
Effective from 01.07.2008
181
THE LAW
of 24 April 2008
amending Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Water Law
Act No. 254 / 2001 Coll., on the Water and amending certain laws (Water Act), as amended by Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 342 / 2006 Coll. and Act No. 25 / 2008 Coll., is amended as follows:
1. The following Section 28a is inserted after Section 28, including the title and footnote 18a:
Area protected for the accumulation of surface water
(1) The areas of morphologically, geologically and hydrologically suitable for the accumulation of surface water to reduce the adverse effects of floods and droughts may be defined as protected areas for their territorial protection against other activities for the accumulation of surface water. In these territories, existing uses may be changed, buildings placed and other activities carried out only if they do not make their future use impossible or significantly difficult for the accumulation of surface water.
(2) The Generel of the area protected for the accumulation of surface water and the basic principles for the use of these areas will be acquired by the Ministry of Agriculture in agreement with the Ministry of the Environment. Generel is the basis for the development policy proposal. 18a)
18a) § 33 (2) (c) of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act). '
2. In Article 54, paragraph 6 is added, including footnote 32a:
"(6) The river basin managers shall report within the relevant river basin area a reduction in the retention capacity of the flood areas due to changes in the territory of 32a), in particular the implementation of flood protection structures, and, in the exercise of their competence, propose to the competent authorities a method of compensating for potential adverse effects of changes in the area on the retention capacity of flood areas.
32a) § 2 (1) (a) of Act No. 183 / 2006 Coll. '
3. The following Section 55a is inserted after Section 55:
The rights to land and buildings required for the implementation of public utility structures for flood protection may be withdrawn or reduced in accordance with the procedure laid down in the Expropriation Act. '
4. Paragraph 68, including the title and footnote 33a, reads:
Area designated for controlled floods
(1) The land necessary for the recovery or accumulation of surface water by public-service flood protection structures to which ownership has been restricted by agreement or procedure in accordance with Paragraph 55a shall be considered as the land intended for controlled floods.
(2) Damage resulting from the controlled spread of floods on soil, field crops, forest crops and buildings within the territory referred to in paragraph 1 shall be the damage caused by the State represented in money by the Ministry of Agriculture. The amount of the compensation for damage caused on land or construction shall be determined on the basis of the amount of the costs necessary to bring the land or construction into its original state, including the cost of removing unwanted flooding, the amount of the compensation for damage caused on field crops, depending on the market prices of field crops at the time of the spread, including the cost of disposal of damaged crops; the amount of compensation for damage caused on forest soils shall be determined in accordance with the Forest Act 33a). The procedure for the detection and application of compensation and the procedure for determining its amount shall be laid down by the Government by regulation.
(3) The compensation is also due to the financial damage resulting from the loss of entitlement to the subsidy granted under the Act on Agriculture, which has lost the injured party in the context of the regulated flood spread.
(4) The injured party to whom the compensation provided for in paragraph 2 has been granted may not be granted State aid under the Flood Diversion Act in order to restore the territory of the affected by a natural or other disaster.
(5) The injured party shall not be entitled to compensation if he fails to comply with the conditions laid down for the use of land intended for the spread of floods.
33a) Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended. '
5. In the second sentence of Paragraph 88 (15), the words ", in particular for the municipality in whose territory the groundwater is collected," shall be inserted after the word "infrastructure."
6. in Paragraph 107 (u):
"(u) to exercise the responsibility of a special construction office for water works enabling the disposal of waters referred to in points (l) to (n),";
7. in Paragraph 107 (x):
"(x) to exercise the competence of a special construction office for waste water treatment plants used for the management of the waters referred to in (k) and, if they reserve it for other water works associated with that treatment, ';
8. in Article 107, point (y) is deleted;
Point (z) shall be renumbered as point (y).
9. In Paragraph 108, at the end of paragraph 2, the words "and to the principles of territorial development 'shall be added.
10. In Paragraph 115 (18), the fourth sentence is deleted.
11. in Article 126a, the words "entrusted to the municipal authority" and the words "their flood commissions," shall be inserted after the words "the municipal authority";
Transitional provisions
1. Owners of water works provided for in Article 20 (1) of Act No. 254 / 2001 Coll., as effective by the date of entry into force of this Act, classified from the point of view of technical safety oversight pursuant to § 61 (2) of Act No. 254 / 2001 Coll., as effective by the date of entry into force of this Act, shall be required to submit to the competent cadastral office, by 1 January 2011 at the latest, the documents necessary for the registration of these buildings and the marking of the protection zones provided for in § 20 (2) of Act No. 254 / 2001 Coll., as effective from the date of entry into effect of this Act, to the cadastral of real estate. Owners of other water works pursuant to § 20 (1) of Act No. 254 / 2001 Coll., as effective by the date of entry into force of this Act, are obliged to comply with this obligation by 1 January 2021.
2. Proceedings which were not definitively terminated before the date of entry into force of this Act shall be completed in accordance with the existing legislation. If a decision which has been given in proceedings under existing legislation has been annulled and returned for reconsideration, the decision shall be taken in accordance with existing legislation.
3. Paragraph 68 (2) of Act No. 254 / 2001 Coll., as effective from the date of entry into force of the Act, shall apply mutatis mutandis to damages for agricultural land in dry tanks intended to protect the territory of the municipality, county or state built before the date of entry into force of this Act.
4. The Minister of Finance is hereby authorised to use the funds intended to eliminate the flood damage incurred in 2006 and the new flood prevention measures transferred to state financial assets, as well as to eliminate flood damage incurred after 2006 on water flows and water works. This use increases the total budgetary expenditure of the state budget and reduces the stocks in the accounts of state financial assets.
Efficacy
That law shall take effect on the first day of the second calendar month following its publication, with the exception of Article I (1), which shall take effect on 1 July 2009.
Wolf
Klaus v. r.
Topolánek v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 181 / 2008 Coll., amending Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0