Act No. 184 / 2016 Coll.
Act amending Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended
Valid
Law
Effective from 28.06.2016
Text versions:
28.06.2016
13.06.2016
184
THE LAW
of 24 May 2016
amending Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on the Protection of the Agricultural Soil Fund
Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 10 / 1993 Coll., Act No. 98 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 167 / 2008 Coll., Act No. 9 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 41 / 2015 Coll., Act No. 402 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 503 / 2012 Coll., Act No. 64 / 2014 Coll., Act No. 41 / 2015 Coll., is amended as follows:
1. in Article 3 (1) (a):
"(a) cause pollution of agricultural land by exceeding indicator values. Indicative values shall mean the content of the risk substances or risk elements on agricultural land which exceed which there is a risk to the health of food or feed, a direct threat to human or animal health in contact with soil and a negative impact on the production function of agricultural land, as laid down in the implementing legislation; the use of substances and preparations on agricultural soils in accordance with specific legislation28 shall not be considered as pollution of agricultural soils; ';
2. In Article 3 (3), the text "On agricultural land where the indication value has been found to be exceeded, the use of fertilisers or preparations containing a risk substance or a risk element which has been exceeded shall be prohibited; Indicative values shall mean the content of the risk substances or risk elements in agricultural land which exceed which risks the health of food or feed, the direct threat to human or animal health in contact with soil and the negative impact on the production function of agricultural land, as laid down in the implementing legislation. 'is replaced by the text" Preventive values represent the upper limits of the levels of the risk substances and of the risk elements laid down in the implementing legislation'.
3. Paragraph 3b (4) reads as follows:
"(4) The authorities of the protection of the agricultural land fund shall send data related to the removal of agricultural land from the agricultural land fund, including data on the withdrawal payments to the registration of the withdrawal of agricultural land maintained by the Ministry of the Environment by means of a designated electronic application using an electronic form established by the Ministry of the Environment. The data from the decision on consent to withdrawal and the data from the decision on contributions shall be sent within 30 calendar days of the date on which the decision becomes final, the data from the decision on the basis of which the consent is based, within 7 months of the date on which the decision becomes final. ';
4. In Paragraph 4 (4), the word "designation 'is replaced by" use'.
5. Paragraph 5 (3), including footnote 7, is deleted.
6. In Article 7 (1), the words "a zoning decision requiring consent pursuant to Article 9 'are replaced by the words" an authorisation of a project under a building law requiring approval pursuant to Article 9';
7. Paragraph 7 (2) reads as follows:
"(2) Location alternatives shall be developed whenever the construction is located outside the built-up area, except where the construction is located in accordance with the applicable zoning principles or the current zoning plan. ';
8. In Article 7 (3), the words "infrastructure, national waterways and waterways and their parts' are replaced by the words" road (10), (11) and (12) '.
9. In Article 7 (4), the part of the sentence behind the semicolon, including the semicolon, is deleted.
10. in Article 7 (5), point (b) shall be deleted;
Points (c) and (d) shall be renumbered (b) and (c).
11. in Article 9 (2) (a) (2), the words "building for housing or" shall be deleted;
12. in Article 9 (2) (c), the words "and the nature of the loved ones" shall be inserted after the words "natural recovery."
13. In Article 9, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) the storage of solid manure on agricultural soils before their application (38).
38) Paragraph 6 (1) of Decree No 377 / 2013 Coll., on the storage and use of fertilisers. '
14. in Paragraph 9 (6), the dot is replaced by a comma at the end of point (k) and the following point (l) is added:
"(l) the observations referred to in Article 7 (4), in the case of the design of the routes above and below ground lines, infrastructure, national railways and waterways and their parts."
15. in Article 11 (3), the words' power of the first decision 'are replaced by the words' effectiveness of the first authorisation act ';
16. in Paragraph 11 (4) (a), the words "within 1 year of its date of validity" shall be replaced by the words "within 6 months of the date of acquisition of legal authority."
17. in Article 11 (6), the sentence "The validity of the decision on contributions to the original debtor shall cease to exist on the same date as the payment obligation to the original debtor; This shall not affect the obligation to pay any arrears. ';
18. in Paragraph 11a (1) (b), the words "State-owned infrastructure 35)" are replaced by the words "motorways, roads and local roads 35)."
Footnote 35:
"35) Act No. 13 / 1997 Coll., on roads, as amended."
19. in Article 11a (1) (k):
"(k) ensuring the interests of nature and landscape conservation by transferring land to type of land
1. the other area shall be used in a way that is infertile or contaminated; or
2. the water area shall be used in the manner of the contaminated area or pond, or ';
20. in Article 11a (1), the following points (l) to (p) are added:
"(l) a registered significant landscape element or a temporarily protected area by changing the consent referred to in Article 10 (2);
(m) the change of the type of land to the type of forest parcel with the use of the type of land intended for the performance of forest functions, with the exception of land in the first and second protection classes;
(n) water tanks;
(o) buildings for water-management melodies, irrigation and drainage of land;
(p) the implementation of the elements of the approved joint gear plans in relation to the measures referred to in points (d), (e) and (i) and the environmental protection and production measures. ';
21. in Article 11b (4), the sentence "The same date shall cease to apply to the decisions on contributions for temporary withdrawal. This shall not affect the obligation to pay any arrears. ';
22. in Paragraph 15 (k), the words "contributions after" shall be inserted after the words "under Paragraph 11 (2) o."
23. in Article 20 (1) (f):
"(f) in contravention of Article 3 (3), use treated sludge or sediment on agricultural land which has exceeded the preventive values;"
24. in Paragraph 20 (1) (i), "Article 10 (2)" is replaced by "Article 10 (1)."
25. in Article 20a (1) (f):
"(f) the contravention of Article 3 (3) shall apply to treated sludge or sediment on agricultural land which has exceeded the preventive values."
26. in Article 20a (1) (i), "Article 10 (2)" is replaced by "Article 10 (1)."
27. In the first sentence of Article 21 (1), the words "the consent of which would otherwise be a binding part or, if this authorisation is not a decision 'shall be deleted.
28. In Article 21, the following paragraph 3 is added:
"(3) Opinions issued under this Act as a basis for decisions or other acts under the Construction Act shall be a binding opinion under the Administrative Code and shall not be a separate administrative decision. ';
29. In Part B of the Annex to the Act in the group of factors B, the words "underground and surface 'are deleted.
30. In Annex D, point 2, including footnote 39, reads:
'2. It shall determine whether any of the environmental factors listed in Part B will be adversely affected by the removal of land from the agricultural land fund and, consequently, determine the corresponding ecological weight of that influence. Where several environmental factors are affected, the highest environmental weight determined shall be applied. The ecological weight of the impact shall not be used in calculating the levies on agricultural land withdrawn from the agricultural land fund on areas
(a) the production and storage intended for that purpose by the principles of territorial development or by a territorial plan approved by 31 December 2014 and valid on that date;
(b) intended to promote balanced and dynamic economic development of the State, which under the Investment Incentives Act is approved by the Government of the Ministry of Industry and Trade (39), or
(c) family houses, including related buildings located on one building plot, provided that the builder is a natural person and the family house is intended to serve the housing needs of the builder.
The third sentence shall not apply to the areas required for the location of buildings for storage not related to the purpose of the investment in production.
39) § 1b of Act No. 72 / 2000 Coll., on investment incentives and on the amendment of certain laws (Act on investment incentives), as amended by Act No. 84 / 2015 Coll. '
Transitional provision
It is not necessary to accept the withdrawal pursuant to Article 9 if the proceedings concerning a family house located in a built-up area of up to 0,5 ha [Paragraph 9 (2) (a) (2) of Act No. 334 / 1992 Coll., as effective before the date of entry into force of this Act, were initiated under the Construction Act at the time of the effective date of Act No. 334 / 1992 Coll., as amended before the date of entry into force of this Act, and the relevant authorisation act did not have any legal effects. If the construction of a family house requires more authorisation acts under the building law, the first of them shall be understood.
Efficacy
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 184 / 2016 Coll., amending Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.06.2016 |
|---|---|
| Effective from | 28.06.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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