Act No. 182 / 2024 Coll.
Act amending Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended, Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended, and Act No. 465 / 2023 Coll., amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water, Energy and Electronic Communications Infrastructure (Line Act), as amended, and other related laws
Valid
Law
Effective from 01.08.2024
Zobrazeno prvních 200 z celkem 391 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
182
THE LAW
of 29 May 2024
amending Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended, Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended, and Act No. 465 / 2023 Coll., amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water and Energy Infrastructure and Electronic Communications Infrastructure (Line Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Water Law
Act No. 20 / 2004 Coll., Act No. 45 / 2013 Coll., Act No. 61 / 2014 Coll., Act No. 74 / 2002 Coll., Act No. 20 / 2004 Coll., Act No. 55 / 2013 Coll., Act No. 61 / 2014 Coll., Act No. 61 / 2005 Coll., Act No. 76 / 2002 Coll., Act No. 20 / 2002 Coll., Act No. 20 / 2004 Coll., Act No. 54 / 2008 Coll., Act No. 74 / 2011 Coll., Act No. 74 / 2011 Coll., Act No. 55 / 2011 Coll.
1. In Paragraph 8 (3), at the end of point (g), the dot is replaced by a comma and the following point (h) is added, including footnote 66:
"(h) for the discharge of waste water not containing dangerous defective substances, particularly dangerous defective substances or priority hazardous substances arising from the preparation of meals, personal hygiene or as a product of human metabolism when operating a camp which is a recovery action or other similar action for children under another legislation66), provided that:
1. the number of participants under the age of 15 shall not exceed 60;
2. the accommodation of the participants is provided exclusively in tents; and
3. measures are taken to avoid any threat to the quality of surface and groundwater.
66) Sections 8 to 12 of Act No. 258 / 2000 Coll., on the Protection of Public Health, as amended. '
2. the following Section 9a is inserted after Section 9:
(1) The application for authorisation to dispose of waters contains, in addition to the general requirements laid down in the administrative rules
(a) a basic description of the treatment of water, its type, scope and purpose; and
(b) identification of the place where the waters are handled.
(2) The application shall include:
(a) documentation for the permit of the construction where it is intended to be used for the authorised treatment of water;
(b) the consent of the owner of the land or the construction of the waterworks concerned by the authorised treatment of waters, unless the applicant is their owner; the consent must be indicated on the situation drawing and must include the signature of the owner of the land or the construction of the waterworks and its identification details;
1. natural persons name, surname, date of birth, address of place of permanent residence, and, if not, address of residence,
2. the legal person's name, registered office and identification number, if assigned;
(c) an affidavit of title for the construction of a waterworks if the existing waterworks are to be used for the authorised treatment of water and this waterworks is not subject to registration in the property register;
(d) the opinion of the river basin administrator; This does not apply in the case of an application for a permit for the collection of groundwater for household use and for a permit for the discharge of waste water into surface or groundwater for household use,
(e) the statement of the relevant water flow manager, if authorised water management is to be affected by the water flow;
(f) water flow data in the water stream if the water flow is to be affected by the authorised water management;
(g) the design of the minimum residual flow rate, the location and the way in which it is measured if the permitted water management may result in a reduction in the flow rate;
(h) the expression of a person with professional competence when groundwater treatment is authorised; and
(i) an implementation project for remediation work, in the case of water management under § 8 (1) (e). ';
3. The following Section 14a is inserted after Section 14:
(1) The application for authorisation for certain activities referred to in Article 14 (1) shall contain, in addition to the general requirements laid down in the administrative rules:
(a) a basic description of the activity, its scope and its purpose; and
(b) identification details of the place where the activity is to take place.
(2) The application shall include:
(a) a document proving the applicant's right to the immovable property, which is to be affected by the authorised activity, where the water authority cannot verify the existence of such right in the property register;
(b) documentation of the activity authorised, including a description of its anticipated effects on the environment;
(c) the opinion of the river basin administrator; and
(d) the statement of the relevant water flow manager, if the authorised activity is to be affected by the water flow. ';
4. The following Section 16a is inserted after Section 16:
(1) The application for authorisation for the discharge of waste water containing a particularly dangerous defective substance or a priority hazardous substance for sewerage contains, in addition to the general requirements laid down in the administrative rules
(a) basic data on discharges of such waste water, its scope and its purpose; and
(b) identification of the place of discharge of these waste water.
(2) The application shall include:
(a) the consent of the owner or, where appropriate, the sewage operator; and
(b) proof of verification of the required properties of equipment intended to clean or dispose of waste water containing a particularly dangerous defective substance where the effectiveness of the equipment is demonstrated by a declaration of conformity or by an test report recognised by the testing laboratory. ";
5. The following Section 17a is inserted after Section 17:
(1) The request for consent shall contain, in addition to the general requirements laid down in the Administrative Rules:
(a) a basic description of the project, its scope and its purpose; and
(b) identification details of the place where the intention is to take place.
(2) The application shall include:
(a) documentation of the construction, installation or activity, except for the consent referred to in Article 17 (1) (i);
(b) a technical assessment of the impact of the project on outflow conditions, if it may be affected;
(c) the opinion of the river basin administrator, with the exception of the consent referred to in Article 17 (1) (g) and (i) for household purposes;
(d) the statement of the relevant water flow manager if the intention is to be affected by the water flow; and
(e) the project of geological work in the case of consent pursuant to Article 17 (1) (i). ';
6. The following Section 18a is inserted after Section 18:
(1) The request for observations pursuant to Paragraph 18 contains, in addition to the general requirements laid down in the Administrative Rules, the following elements:
(a) a basic description of the project, its scope and its purpose; and
(b) identification details of the place where the intention is to take place.
(2) The application shall include the opinion of the river basin administrator. "
7. The following Section 19a is inserted after Section 19, including the title and footnote 67:
Release register
(1) A register of discharges from sources of pollution into surface water (hereinafter referred to as the "discharge register ') is hereby established as an information system for the public administration, which serves the water authorities, the water authorities, the water catchment areas, the Fire Department of the Czech Republic, the Czech environmental inspection, the Czech Police and the Military Police in the destruction of the accident, the investigation of the causes of the accident and the collection of information on potential sources of threat to the quality of surface or groundwater.
(2) The registry administrator is the Ministry of the Environment.
(3) The discharge register includes data on discharges
(a) which is authorised to discharge waste water or discharge mining water into surface waters in quantities exceeding 6 000 m3 or 500 m3 in the calendar year in the calendar month and which are kept in the register of discharges of waste water and mining waters referred to in Article 22 (3) (b);
(b) located in a territory close to establishments with an integrated permit (67) for the discharge of waste water into surface waters;
(c) located on significant watercourses, outside the discharges referred to in (a) and (b); or
(d) located on small watercourses, outside the discharges referred to in (a) and (b).
(4) The identification of discharges referred to in paragraph 3 (b) and (c) shall be acquired and transmitted to the registry by the relevant river basin managers.
(5) The Ministry of the Environment, in cooperation with the Ministry of Agriculture, provides by decree for the scope and manner of keeping a register of discharges, the scope and method of determining the area near operations with an integrated authority67) for discharges of waste water into surface waters and the extent of the data, and for their detection and entry into the register of discharges.
(6) The water authorities shall continuously enter in the register the data on the discharges found, with the exception of those on objects relevant to State defence, to the extent provided for by the decree issued pursuant to paragraph 5 and transmit them in electronic form to the Ministry of the Environment.
67) Act No. 76 / 2002 Coll., as amended. '
8. in Paragraph 23a (8) (b), the word "superior" shall be replaced by "predominant."
9. In Paragraph 23a, paragraphs 12 and 13 are added:
"(12) The application for an exemption referred to in paragraph 8 shall contain, in addition to the general requirements laid down in the administrative rules:
(a) a basic description of the project, its scope and its purpose; and
(b) identification details of the place where the intention is to take place.
(13) The application shall include:
(a) project documentation or a description of the project;
(b) details of compliance with the conditions for granting the exemption;
(c) the opinion of the river basin administrator; and
(d) an administrative act which shows that the intention cannot be authorised or implemented without the exemption provided for in paragraph 8, if it has been issued by an administrative authority other than the competent authority to grant the exemption. "
10. The following Section 23b is inserted after Section 23a, including the title and footnote 68:
Specific provisions on the authorisation of renewable energy installations
(1) It is considered that the planning, construction, modernisation and operation of renewable energy installations, their connection to the system and the associated system itself and storage facilities, when assessing the existence of the prevailing public interest or the predominance of the benefits of new changes to human health, maintaining the protection of the population or sustainable development referred to in Article 23a (8) (b), are in the prevailing public interest and serve public health and safety 68).
(2) Paragraph 1 shall not apply in the case of the planning and construction of new renewable water-based energy sources.
(68) Article 16f of Directive (EU) 2018 / 2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, as amended by Directive (EU) 2023 / 2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018 / 2001, Regulation (EU) 2018 / 1999 and Directive 98 / 70 / EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015 / 652. '
11. in Article 25 (1) (a) (3), the words "and proposals for specific objectives for water protection" shall be deleted;
12. The following Section 30a is inserted after Section 30:
(1) The proposal for the establishment of a water source protection zone contains, in addition to the general procedural requirements of the administrative procedure, basic information on the proposed water source protection zone, its scope and its purpose, including the justification for specific protective measures.
(2) The proposal shall include:
(a) the description and technical details of the water source and its collection, the characteristics of the territory of the proposed protection zones in relation to the hydrological river basin or hydrogeological rayon of the water source, the analysis of the risk of risk to the yield, quality or health of the water source and the proposal for the establishment of protection zones and its justification;
(b) a record of the detailed measurement of the changes containing the geometric and position identification of the protection zone, unless its boundary is identical to the parcel boundaries of the cadastral map;
(c) a list of the immovable property by municipality and cadastral territory, indicating the parcel numbers on which the protection zone or zones are proposed;
(d) the authorisation of the construction of the water works and the authorisation of the use of the water works if the protection zone is to be affected by the existing water works;
(e) a permit for the handling of surface or groundwater, if it is intended to be affected by the protection zone, provided that it has been issued by an authority other than the competent authority for the establishment of the protection zone;
(f) the opinion of the river basin administrator; and
(g) the statement of the relevant water-flow manager, if the watercourse is to be affected by the protection band. ';
14. The following Section 38b is inserted after Section 38a:
(1) The application for the establishment of the method and conditions for the discharge of mining water into surface or groundwater waters contains, in addition to the general requirements laid down in the administrative rules
(a) a basic description of the discharge of mining water into surface or groundwater waters, its scope and its purpose; and
(b) identification of the place of discharge.
(2) The application shall include:
(a) an affidavit of title to the construction of a water works, where the permit for discharge of mining water is related to the existing water works, and this water works is not subject to registration in the property register;
(b) the opinion of the river basin administrator;
(c) the statement of the relevant water flow manager, where authorised discharge of mining waters is to affect the water flow; and
(d) the expression of a person with professional competence in relation to the discharge of mine waters into groundwater. ";
15. in Paragraph 39 (2), the words "and after approval by the water authority shall include an emergency plan in the integrated environmental reporting system" shall be added at the end of the text of point (a).
16. The following Section 39a is inserted after Section 39:
(1) The application for the conditions for the use of defective substances or for the authorisation of an exemption for the use of defective substances contains, in addition to the general requirements laid down in the Administrative Rules
(a) a basic description of the use, scope and purpose of the defective substances; and
(b) identification details of the place where the defective substances are to be used.
(2) The application shall include:
(a) the opinion of the river basin administrator;
(b) the statement of the relevant water flow manager if the water flow is to be affected by the use of the defective substances;
(c) identification data and safety data sheets of defective substances, where available, and justification for the selection and quantity of defective substances in relation to the purpose of the derogation;
(d) a permit for the treatment of waters referred to in Article 8 (1) (e), unless it is applied for at the same time as an application for exemption, and proof that the applicant is authorised under Article 8 (2), or that the applicant has been authorised to exercise his authorisation if the authorisation has been granted to another person;
(e) in the case of an application for conditions for the use of defective substances pursuant to Article 9 (7) or for the authorisation of an exemption for the use of defective substances for feeding to fish and treatment of surface water on fish storage tanks;
1. a permit for the handling of waters, unless it is requested at the same time as a request for exemption, and proof that the applicant is authorised pursuant to Paragraph 8 (2) or that the applicant has been authorised to exercise his authorisation, provided that the authorisation has been granted to another person,
2. the results of water analyses in ponds, provided that the previous exemption decision has been ordered and has not been sent on an ongoing basis to the Regional Office;
3. the expression of the Regional Health Station, if the tank is included in a list drawn up under the Public Health Protection Act 48), and
4. the assumption of the species composition of the pond, and
(f) in the case of an application for an exemption for the use of defective substances in the framework of approved remediation technologies, a further implementation project for the remediation work, from which it will be clear
1. the quantity of defective substances to be applied at each stage and during the whole period of remediation;
2. a description of the use of the defective substances; and
3. identification of the place of use consisting of the designation of the application objects and the indication of the parcel numbers of the parcels. ';
17. in Article 40 (2) and (3):
"(2) The accident is always a serious deterioration or serious threat to the quality of surface or groundwater by petroleum substances, dangerous harmful substances as referred to in points 1 and 9 of Part II of Annex No 1 to this Act, particularly dangerous substances, priority hazardous substances, or radioactive substances and radioactive wastes, or deterioration or threat of the quality of surface or groundwater in the protected area of natural water accumulation or in the water source protection zone.
(3) Technical defects and defects of the equipment for the capture, storage, disposal, transport or disposal of defective substances which have preceded and are related to the accident shall also be considered as part of the accident. ';
18. Paragraph 41, including the title and footnote 35, reads as follows:
Accident obligations
(1) Whoever causes an accident (hereinafter referred to as "the cause of the accident") or detects an accident is obliged to report it immediately to the Czech Fire Department.
(2) The driver of the accident is obliged to take immediate measures to eliminate the causes and consequences of the accident ("destruction of the accident"). It follows an approved emergency plan, or instructions from the water authority responsible for the accident site, the Czech Environmental Inspection Centre or the Czech Fire Department in carrying out rescue and disposal operations. The place of the accident shall be deemed to be the place of the accident or, if the place of the accident is not known, the place where the accident was first detected.
(3) The Fire Department of the Czech Republic shall immediately inform the water law authority responsible for the accident site, the water catchment manager, the Czech environmental inspection and the police of the Czech Republic. If an accident occurs in the protection zone of natural medical resources or sources of natural mineral water or on surface waters used for bathing pursuant to § 34, the Czech Environmental Inspection Office shall inform the Ministry of Health without delay. If a drinking water source is threatened or contaminated by an accident, the water authority responsible for the site of the accident shall immediately inform the regional health centre concerned.
(4) Management of work in the disposal of the accident is the responsibility of the water authority responsible for the site of the accident with which the Fire Department of the Czech Republic cooperates. The rescue and liquidation work in the crash is run by the Fire Department of the Czech Republic.
(5) The investigation of the causes of the accident is the responsibility of the water authority responsible for the place of the accident. For the purpose of investigating the causes of the accident, the water manager shall ensure that samples of accidents affected by surface or groundwater, including appropriate samples of sediments and live organisms and discharges of waste water in the accidents in the affected territory, are taken and transmitted without delay to the laboratory with appropriate accreditation for the analysis of those samples; This shall be without prejudice to the possibility of sampling by the authorities or persons referred to in paragraph 6.
(6) The Czech environmental inspection, river basin managers, the police of the Czech Republic, the Military Police and the Water Law Authorities, whose administrative circuits have been affected by the accident, cooperate in the management of the work in the disposal of the accident and in the investigation of the causes of the accident, provided that they have been invited by the Fire Department of the Czech Republic or by the authority responsible for the site of the accident, or by the regional authority referred to in Article 107 (1) (d).
(7) If there is an accident that can only be resolved by the use of exceptional expertise, the Czech Environmental Inspection Office can take over the management of the work in the disposal of the accident and investigation of the causes of the accidents; paragraphs 4 to 6 shall apply mutatis mutandis.
(8) The owner of the accident shall cooperate with those authorities and persons at the request of the authority or persons referred to in paragraph 3 in the destruction of the accident.
(9) Persons involved in the destruction of the accident are required to provide the necessary data to the Fire Department of the Czech Republic, to the water authority responsible for the site of the accident and to the Czech Environmental Inspection Office if they so request.
(10) The Ministry of the Environment provides by decree the method and extent of the accident reports to the Fire Department of the Czech Republic, their disposal, investigation of their causes and the method of sampling.
35) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended. '
19. In the first sentence of Paragraph 42 (1), the words "defective condition (" remedy measure ') and, where appropriate, the measures to ensure alternative water collection where the nature of the case so requires' shall be replaced by the words "removal of the consequences of the defect or, where the nature of the case so requires'.
20. In the last sentence of Paragraph 42 (1), the words "Fire department of the Czech Republic or fire protection units' are replaced by the words" essential components of the integrated rescue system 'and the words "used' are replaced by the words" used '.
21. in the second sentence of Article 42 (4), the words "to a person or a natural person doing business under special legislation, 23)" shall be replaced by the words "or an undertaking to a natural person;"
22. In Paragraph 42 (4), the last sentence is replaced by the following: "For the purpose of payment of payments for corrective measures carried out, the region shall establish a special account within its budget, supplemented annually with up to CZK 10 000 000. An enlarged municipality whose office serves as an authority of water authority which has imposed the implementation of the remedy measure shall request the country concerned to pay for the corrective measure. The region concerned shall, without undue delay, send funds at the agreed amount to an enlarged municipality which shall send them to the person who has taken the corrective measures. ';
23. in Paragraph 47 (2), the dot is replaced by a comma at the end of point (i) and the following point (j) is added:
"(j) notify the competent water authority of discharges in watercourses in cases where it finds that a valid permit for the discharge of waste water into surface water is not issued in accordance with Article 8 (1) (c).";
24. In Section 55a (2) of the Introductory Part of the provision, the words "the possibility of overcoming the work by transferring or sailing at the points of use of surface water for recreational navigation shall be taken into account 'and the words" water flow' shall be inserted after the words "and shall be allowed to overcome it within the waterway '.
25. in Article 55a (2) (c), the words "exceeding the work" shall be inserted after the words "when."
26. in Article 59 (1) (a), the words "the operating order of the water works for the treatment of waste water with authorised discharge of waste water containing particularly dangerous defective or dangerous defects referred to in Annex 1 to this Act shall be inserted after the words" the content "; or"
27. in Paragraph 59 (2):
"(2) The Water Authority may require the owner of the water works to be processed and submitted for approval to the owner of the water works operating order for the treatment of waste water with authorised discharge of waste water containing particularly dangerous defective or dangerous defects, as set out in Annex 1 to this Act, into the surface or handling order of the water works. The Water Authority may lay down the conditions for the processing of the operating or handling rules and the time limit for its submission to the owner of the water works. In addition, it may require the owner of the waterworks to complete or modify the operational or handling order submitted. The Water Authority may also require the owner of the water works to amend the approved operating or handling rules and to submit such amendments for approval. The operating or handling rules shall be approved by the Water Authority for a limited period of time which does not exceed the period of validity of the permit for discharge of waste water. ';
28. In Paragraph 59, paragraphs 6 and 7 are added:
"(6) The application for approval of the Water Works Manipulative Rules shall contain, in addition to the general requirements laid down in the Administrative Rules, the basic details of the Water Works.
(7) The application shall include:
(a) a permit for the handling of water related to the water part to be approved and, where the authorisation was issued to a person other than the applicant, proof that the authorised person has granted the authorisation;
(b) authorisation for the use of water works;
(c) the handling rules;
(d) the opinion of the river basin administrator; and
(e) the statement of the relevant water-flow manager as regards the handling order of the water works to be affected by the water-flow. ';
29. In Section 59a, the word "one-off" is inserted after the words "to suffer," and at the end of the section, the sentence "This obligation is imposed on the land as a service for the benefit of the water works and, if this is not possible, for the benefit of the person who owns the water works pursuant to § 55 (1) of this Act."
30. In Paragraph 59a, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) On the basis of a certificate from the Water Authority, the Catastral Office shall register the service referred to in paragraph 1 on the basis of a proposal from the owner of the waterworks for the duration of the waterworks to the property register; the consent of the owner of the land is not required.
(3) The Water Authority shall, at its request, issue a certificate to the owner of the water works stating that the conditions for the establishment of the service referred to in paragraph 1 have been met, to the extent specified in the second and third sentences, on the basis of the documentation submitted or the document which the owner of the water works is obliged to keep for the entire duration of the construction under the construction law. The Water Authority shall certify the water work to which the service attests, on which parcels marked under the special provision are situated and the moment of its construction, or the fact that it was built before 1 January 2002. Where only part of the land is encumbered or is required for another reason, a geometrical plan submitted by the owner of the water works to which the loaded part of the land is defined shall be included in the certificate of the water authority. ';
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 182 / 2024 Coll., amending Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended, Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended, and Act No. 465 / 2023 Coll., amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water and Energy Infrastructure and Electronic Communications Infrastructure (Line Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.06.2024 |
|---|---|
| Effective from | 01.08.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 569
Public Contracts 2
Smlouva o smlouvě budoucí o zřízení služebnosti "Vodohospodářská infrastruktura v obci Petrovic...
Město Domažlice
Obec Újezd
03.10.2025
Notifications
Smlouva o horizontálm spolupráci pro ochranu vod a pro podporu výkonu státní správy v oblasti vodníh...
Česká republika - Ministerstvo životního prostředí
Výzkumný ústav vodohospodářský T. G. Masaryka veře...
76 098 249 CZK
12.12.2023
Notifications
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0