Act No 186 / 2001 Coll.
Act amending Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended by Act No. 120 / 2000 Coll., and Act No. 359 / 1992 Coll., on Geographical and Catastrophic Bodies, as amended
Valid
Law
Effective from 01.07.2001
186
THE LAW
of 15 May 2001
amending Act No. 200 / 1994 Coll., on Surveying and amending and supplementing certain laws relating to its implementation, as amended by Act No. 120 / 2000 Coll., and Act No. 359 / 1992 Coll., on Geographical and Catastrophic Bodies, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Geometry Act and amending and supplementing certain laws related to its introduction, as amended by Act No. 120 / 2000 Coll.
Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws relating to its introduction, as amended by Act No. 120 / 2000 Coll., is amended as follows:
1. in Paragraph 2 (d):
"(d) points of a set of points of the principal point field of the position, height and gravity and a set of concentration points and points of the detailed point fields,";
2. in Article 2, the following point (e) is inserted after point (d):
"(e) the mark of the point mark of the point field, including the signal and protection device of the point field point, ';
Points (e) to (k) shall be renumbered as points (f) to (l).
3. In Paragraph 2 (k), at the end of the comma is replaced by a dot and point (l) is deleted.
4. In Article 3 (1), the words "basic and detailed points' are replaced by" point fields'.
5. In Article 3, the following shall be added at the end of paragraph 2:
6. in Paragraph 4 (1) (a):
"(a) the construction, restoration and maintenance of point fields,"
7. in Article 4 (1), point (b) is deleted;
Points (c) to (k) shall be renumbered (b) to (j).
8. in Article 4 (1) (i), "(a) to (i)" shall be replaced by "(a) to (h)";
9. in Paragraph 6 (2) (a), the words "basic and detailed point fields" are replaced by "point fields."
10. in Article 6 (2) (b), the words "the supporting documents necessary for assessing the accuracy of the results of the agricultural activities" shall be replaced by the words "documents proving the accuracy of the results."
11. in Article 7 (1):
"(1) The authority of the staff of the authorities referred to in Article 4 (2) and the persons authorised to carry out the surveying activities shall, to the extent necessary, be entitled to enter and enter the land after prior notification to the owner or the beneficiary of the land. Such persons may enter the buildings with the consent of the owner or authorized user of the building. Together with them, they can enter and enter and enter the buildings by their support staff. The owner or authorized user of the land shall not prevent such persons from entering and entering the land. ';
12.
Setting up point field marks
(1) State authorities and persons authorised to carry out surveying activities are entitled to use real estate to the extent necessary to establish, maintain, relocate, remove and renew brands.
(2) The brand manager shall be the authority of the surveyor and the cadastre, except for the marks established on the basis of the surveying activities carried out for defence purposes by the State whose administrator is the Ministry of Defence or the legal entity set up by it. The label manager shall carry out the activities resulting from paragraph 1 and shall keep a documentation label.
(3) The person establishing the mark is required to discuss its location with the property owner before its establishment. The brand manager shall, if not the owner, inform the owner of the property and the authorised owner in writing of the restrictions arising from the establishment of the property. Such a restriction on the exercise of ownership or user rights must be linked to the provision of adequate compensation (Paragraph 10 (3)).
(4) The owner or authorized user of the property is obliged to abide by the location of the marks on the property and refrain from doing anything that might harm them, make them useless or destroy them.
(5) Where other legally protected interests are affected by the activities referred to in paragraph 1, 9) they shall be treated after prior consultation with the authorities responsible for protecting those interests.
9) For example, Act No. 49 / 1997 Coll., on Civil Aviation, and amending and supplementing Act No. 455 / 1991 Coll., on Trade Business (Trade Business Act), as amended, Act No. 13 / 1997 Coll., on Road, as amended, Act No. 266 / 1994 Coll., on Railways, as amended, Act No. 50 / 1976 Coll., as amended, Act No. 289 / 1995 Coll., on the Protection of the Agricultural Land Fund, as amended, Act No. 114 / 1992 Coll., as amended, Act No. 44 / 1988 Coll., as amended, Act No. 334 / 1992 Coll.
13. in Article 9 (6), the words "basic point field" are replaced by the words "marks."
14. The first and second sentences of Paragraph 10 (1) shall read: "The mandates of the staff of the authorities referred to in Article 4 (2) and persons authorised to carry out surveying activities shall be required to conserve the rights and property of the owner and the authorised owner of the property and upon completion of the surveying activities of the property. In doing so, they shall be obliged to ensure that they as little as possible disturb the management and use of the property. '
15. The second sentence of Paragraph 11 (1), including footnote 11, reads: "In matters affecting classified information, it is governed by a special law. 11)
11) Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended. '
16. In Article 12 (1), the words "for verification of the results of surveying activities (" official authorisation ')' are added at the end.
17.
Granting of official authorisation
(1) The Authority shall grant the official authorisation provided for in Article 13 (1) (a) to (c). The official authorisation provided for in Paragraph 13 (1) (d) shall be granted by the Ministry of Defence.
(2) An official authorisation shall be granted to a natural person on the basis of his written request if:
(a) is fully capable of legal action and integrity;
(b) has completed a higher education course in the geographical direction of at least the Master's study programme11a) and has then completed at least 5 years of professional experience in the Czech Republic in the geographical activities for which he has applied for official authorisation; and
(c) have successfully passed the proficiency test (hereinafter referred to as the "test").
(3) Upon successful completion of the examination, the competent authority referred to in paragraph 1 shall decide on the granting of an official authorisation and shall issue an official authorisation to the natural person within 10 days of the legal authority of that decision.
(4) Where a natural person who is a citizen of a Member State of the European Union holds an authorisation similar to an official authorisation pursuant to Article 13, the competent authority referred to in paragraph 1 shall, upon his written request, issue him an official authorisation if he fulfils the condition referred to in paragraph 2 (a) and has successfully passed a comparative proficiency test or has carried out three years of professional experience in the geographical activities for which he has applied for an official authorisation.
(5) For the purposes of this law, those who have not been convicted shall be deemed to be righteous.
(a) for an offence the nature of which is linked to the performance of agricultural activities;
(b) for an offence committed intentionally for an unconditional prison sentence of at least 1 year.
(6) The completion of higher education in the geographical direction outside the Czech Republic will be demonstrated by a natural person by a certificate of the competent authority.
(7) Written application for official authorisation
(a) pursuant to Article 13 (1) (a) to (c), it shall be submitted to the surveyor and the cadastral inspector2 (hereinafter referred to as the "Inspectorate") under whose jurisdiction the natural person has his permanent residence; if the natural person does not have a permanent residence in the Czech Republic, he shall submit an application to the Regional and Catastrophe Inspectorate in Prague,
(b) Article 13 (1) (d) shall be submitted to the Ministry of Defence.
(8) The Office and the Ministry of Defence maintain lists of natural persons to whom they have granted official authorisation. The lists are publicly available. The list led by the Office is available for inspection by the authorities of the surveyors and the cadastral, the list is available for inspection by the Ministry of Defence.
11a) Article 46 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended. '
18. The following Section 14a is inserted after Section 14:
Test
(1) Only a natural person who has applied for an official authorisation may carry out the examination and fulfils the conditions laid down in Article 14 (2) (a) and (b). The examination shall take place before the expert examination committee no later than 6 months after the date of receipt of the written application for official authorisation to the competent authority referred to in Article 14 (7). The test is composed in Czech.
(2) The members of the expert examination committees for the granting of official authorisations provided for in Article 13 (1) (a) to (c) shall be appointed and removed by the President of the Office from the staff of the Office and, where appropriate, from other bodies of surveying and cadastral, as well as from experts from universities and practitioners. The Minister for Defence shall appoint members of the expert examination committees for the granting of official authorisations pursuant to Article 13 (1) (d). The expert examination committee shall have an odd number of members and shall be at least three members.
(3) The examination shall demonstrate the theoretical and practical knowledge of the geographical activities for which the natural person requests the granting of official authorisation, the knowledge of the relevant legislation and the ability to apply it and the competence to verify the results of the geographical activities in practice.
(4) A natural person who has not passed the test successfully is entitled to repeat it once within 6 months of failing the test. If he does not pass the test repeatedly within that period, he may submit a new application for an official authorisation after two years of failure to pass the test. ';
19. in § 15 (2) and (7), "§ 14 (2)" is replaced by "§ 14 (1)";
20. in Paragraph 15 (2), "Paragraph 14 (1) (a)" is replaced by "Paragraph 14 (2) (a)";
21. In Article 15 (3), the words "concerning the formalities or accuracy of the results of the agricultural activities verified pursuant to Article 13 (1) (a) and (b)," shall be deleted.
22. in Article 15 (3) and (4), the words "the Czech Geographic and Catastral Office" are replaced by the words "the Office."
23. Paragraph 15 (5) reads:
"(5) A reasoned written proposal for the withdrawal of official authorisation shall be submitted to the Office by an inspector whose territorial scope the results of the surveying activities have been submitted for use for the purposes of the cadastral and state map works. The Authority may also withdraw official authorisations on its own initiative. ';
24. in Paragraph 15 (6), the words "Article 14" shall be replaced by the words "and 14a" and the words "possibly i" shall be deleted;
25. in Article 16 (1) (c) and Article 16 (4) (b), "Article 14 (2)" is replaced by "Article 14 (1)."
26. in Article 16 (1) (e):
"(e) keep a record of the results which it has verified separately in accordance with Article 13 (1) (a) to (d), indicating the name of the person who carried out the surveying activities, the cadastral territory where the surveying activities were carried out, the dates and the serial number of the verification.";
27. In Article 16, at the end of paragraph 1, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) confirm the practice carried out by the person requesting the granting of an official authorisation, where that person has carried out the practice under his authority;
(g) to notify changes in the information contained in the application for official authorisation to the authority which issued the official authorisation. ';
28. in Paragraph 17 (2):
"(2) Geodetic reference systems, national map works binding throughout the national territory and the basic principles of coordination and management of change information for updating the content of national map works shall be laid down by the Government by regulation."
29. the following section shall be inserted after Section Five:
Distortion of order in the area of surveying
(1) The transfer to the area of surveying shall be made by the person who:
(a) improperly makes it impossible or difficult to carry out the agricultural activities to be used for the cadastre of real estate of the Czech Republic or the basic state map work, the control of the surveying activities or the supervision of the verification of their results;
(b) destroy, damage or improperly transfer the mark or do not notify a change and a detected defect in geodetic data:
1. points of geodetic bases,
2. thickening points and points of the detailed point field;
(c) infringes the obligations laid down for the protected territory of the point of geodetic bases;
(d) unduly uses or extends the results of the agricultural activities;
(e) carry out surveying activities without being competent to do so.
(2) For the offence, the Geumerical Authority (12a) or the Inspectorate (12b) may impose a fine of up to CZK 25,000 in order to protect the State and in objects with a special regime of the Ministry of Defence.
(3) The imposition of a fine for an offence may be discussed within 1 year of the date on which the ODA or the Ministry of Defence became aware of the breach of order on the geographical section, no later than 3 years from the date on which the infringement occurred.
(4) (c) unless otherwise provided for in that law.
(1) Another administrative offence in the area of surveying shall be committed:
(a) a natural person in the course of his business or a legal person, if the conduct referred to in Article 17a (1) is committed;
(b) a person authorised to carry out surveying activities where:
1. does not provide the competent authorities of the State with the results of land-based activities used in the public interest free of charge,
2. not to submit to the competent authorities of the State for inspection or, where appropriate, to use the geodetic part of the documentation of the actual implementation of the construction,
3. Not to notify changes and detected defects in the geodetic data of the points of the surveying authority and the cadastral that provided the data within 30 days of the finding of this fact,
(c) a natural person who has been granted an official authorisation if:
1. does not comply with the conditions or obligations laid down by this Act for verifying the results of the surveying activities used for the Czech Real Estate Register or the basic state map work;
2. Refuses to confirm the practice of the person requesting the granting of the official authorisation which he has carried out under his authority;
3. Not to report changes to the information contained in the application for an official authorisation,
4. verify the outcome of the surveying activity carried out by a person who is not competent to do so.
(2) For the breach of order on the section of surveying according to § 17b (1), the Geometry Office or the Inspectorate may impose a fine of up to CZK 250,000 in the performance of surveying activities for the purpose of defence of the State and in objects with a special regime of the Ministry of Defence.
(3) The imposition of a fine for another administrative offence may be discussed within 1 year of the date on which the ODA or the Ministry of Defence became aware of the breach of order on the geographical section, no later than 5 years after the date on which the infringement occurred.
(4) A person who has committed another administrative offence may be relieved of his / her liability if he / she has demonstrated that he / she has made every effort to prevent an infringement.
(5) In fixing the amount of the fine, the Geometric Office or the Inspectorate or the Ministry of Defence shall take into account the seriousness of the other administrative offence, in particular the manner and circumstances in which it is committed, the importance and extent of its consequences, the duration of the infringement and the fact whether and how the person responsible has agreed to eliminate or mitigate the harmful consequences of another administrative offence.
(6) Specific legislation shall apply to the treatment of another administrative offence in the area of surveying. 13)
(1) A repeated breach of order on the area of surveyor means a breach of obligation under this law committed by a person within 3 years of the legal authority of a decision imposing a fine on him for previous infringements on the section of surveyor.
(2) The fine shall be payable within 30 days of the date on which the decision by which it was imposed takes effect and shall be the income of the state budget of the Czech Republic. The fine shall be collected and enforced by the Territorial Financial Authority in accordance with specific legislation. 13a)
12a) § 3a (g) of Act No 359 / 1992 Coll., as amended.
12b) § 4 (f) of Act No. 359 / 1992 Coll., as amended.
12c) Act No. 200 / 1990 Coll., on Infringements, as amended.
13) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended.
13a) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
Section 6 shall be renumbered Section 7.
30. in Article 20 (1), the words "the Czech Geographic and Catastral Office" are replaced by the words "the Office."
31. in Paragraph 20 (1) (b):
"(b) the subject matter and content of the administration of basic and thematic national map works, except those resulting from the activities referred to in Article 11 (3), and the procedure for the standardisation of geographical nomenclature;"
32. In Article 20 (1), the following points (e) and (f) are replaced at the end of the dot:
'(e) the content and method of conducting the test;
(f) the content and manner of carrying out the comparative proficiency test. ';
Transitional and final provisions
(1) Official authorisations granted before the date of entry into force of this Law remain valid.
(2) The procedure for granting and withdrawing official authorisations initiated before the date of entry into force of this Act shall be completed in accordance with the provisions in force at the time of their initiation.
Amendment of the Geographic and cadastral bodies Act
Act No. 359 / 1992 Coll., on Geographical and Catastral Bodies, as amended by Act No. 107 / 1994 Coll., Act No. 200 / 1994 Coll., Act No. 62 / 1997 Coll. and Act No. 132 / 2000 Coll., is amended as follows:
1. in Article 3, the following points (k) and (l) are inserted after point (j):
"(k) organise and carry out proficiency tests and comparative proficiency tests for the granting of official authorisation;
(l) keeps a list of natural persons to whom it has granted official authorisation; ';
Point (k) shall be renumbered as point (m).
2. in Article 3a (g), including footnote 6d, the following shall be added:
"(g) deals with breaches of order on the section of surveying according to special law, 6d)
6d) § 17a (1) (b) (1), § 17a (1) (c) and § 17b (1) (a) of Act No. 200 / 1994 Coll., as amended. '
3. in Paragraph 4 (f), including footnote 8a, the following shall be added:
"(f) discuss breaches of order on the section of surveying according to special law, 8a)
8a) § 17a (1) (a), (b) (2), § 17a (1) (d) and (e), § 17b (1) of Act No. 200 / 1994 Coll., as amended. '
4. in Article 5, the following point (b) is inserted after point (a):
"(b) perform the management of thickening points and detailed fields of position and height,"
Points (b) to (e) shall be renumbered (c) to (f).
5. Part two is deleted.
PERFORMANCE TO DECLARATION OF THE COMPLETE VERSION OF THE LAW
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 200 / 1994 Coll., on Geometry and on the amendment and addition of certain laws related to its implementation, as is apparent from the Laws amending it.
EFFECTIVE
This Law shall enter into force on 1 July 2001, with the exception of Article I (17) as regards Article 14 (4), which shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 186 / 2001 Coll., amending Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended by Act No. 120 / 2000 Coll., and Act No. 359 / 1992 Coll., on Geometric and Catastral Authorities, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.06.2001 |
|---|---|
| Effective from | 01.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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