Decree No. 189 / 2013 Coll.
Ordinance on the protection of timber and the authorisation of felling
Valid
Order
Effective from 15.07.2013
189
DECLARATION
of 27 June 2013
on the protection and authorisation of timber felling
The Ministry of the Environment provides pursuant to § 79 (4) (d) and for the implementation of § 8 (3) and (5) of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended by Act No. 349 / 2009 Coll., (hereinafter referred to as the Act):
PROTECTION AND AUTHORISING OF THE WOODS
Definition of terms
For the purposes of this decree:
(a) the trees in which their above-ground parts touch each other, grow or overlap, and the stem circumference of individual trees measured at 130 cm above the ground does not exceed 80 cm; if any of the trees in the crop exceeds those dimensions, they shall always be considered as individual trees,
(b) the social functions of wood, a set of functions affecting the environment of man, such as reducing dust, reducing noise or improving the microclimate; social functions include aesthetic functions, including the application of trees to landscape and urban environments,
(c) a continuous tree line of at least 10 trees with regular spacing; if a tree is missing in a continuous series of at least 10 trees, that section shall also be considered as part of the tree line; trees growing in fruit orchards, nurseries and crops of energy trees or Christmas trees shall not be considered as trees.
Illegal interventions in timber
(1) Illicit interference in timber means that the damage or destruction of timber causes a substantial or permanent reduction of its ecological or social functions, or immediately or subsequently causes them to die.
(2) The action referred to in paragraph 1 shall not be illegal if it is carried out for the purpose of maintaining or improving any of the functions of the wood, in the context of the care of a specially protected species of plant or animal, in the context of the care of a specially protected area carried out in accordance with a care plan or principles of care, or in the context of the care of a European significant site or bird area carried out in accordance with the summary of the recommended measures.
Size and characteristics of timber not required for felling
Authorisations for the felling of timber, provided that they are not part of an important landscape element [§ 3 (1) (b) of the Act], replacement planting (§ 9 (1) of the Act) or tree formation, are not required under § 8 (3) of the Act
(a) for wood with a strain circumference of up to 80 cm measured at 130 cm above the ground;
(b) for wood crops involved, provided that the total area of felled wood crops involved does not exceed 40 m2;
(c) for crops of energy trees or Christmas trees, normally of one species, grown to achieve rapid and high production of trees or wood matter and with a production cycle between harvests of up to 10 years of age;
(d) for fruit trees growing on land in a built-up area (6) registered in the property register as a type of land garden or a built-up area and courtyard.
Forms of the application for the authorisation of felling and a binding opinion on felling and the particulars of the notification of felling
(1) The application for authorisation for felling of timber (Section 8 (1) of the Act) and the application for a binding opinion on felling of timber (Section 8 (6) of the Act) must include, in addition to the general requirements of the administrative procedure,:
(a) the designation of the cadastral territory and the parcel on which the timber is located, a brief description of the location of the timber and the situation plan;
(b) proof of the applicant's ownership or lease or user relationship with the relevant land, if it is not possible to verify it in the property register, including the written consent of the owner of the land to be felled, if the applicant is not the owner of the land; This does not apply to an application for authorisation for felling of timber or a binding opinion on felling of timber in connection with an intention for which the purpose of the expropriation is specified by a specific legislation;
(c) the specification of the trees to be cut down, in particular the species and, where appropriate, the families of the trees, their number and circumference of the strain at a height of 130 cm above the ground; the area of the felled area may be indicated instead of the number of felled trees, indicating the species and, where appropriate, the natural habitat; and
(d) the justification for the application.
(2) The notification of felling of timber (Sections 8 (2) and 8 (4) of the Act) must include, in addition to the general requirements of the administrative procedure:
(a) the designation of the cadastral territory and the parcel on which the timber is located, a brief description of the location of the timber and the situation plan;
(b) proof of the property right, rental or user relationship of the notifier to the land concerned, unless it can be verified in the land register, including the agreement of the owner of the land with the felling, unless the notifier is the owner of the land, with the exception of the procedure provided for in Article 8 (4) of the Act, and with the exception of the felling of timber in the maintenance of shore soils carried out in the management of watercourses (4), in the removal of timber in the protection zone of the plant of the plant for the construction of the railway,
(c) the specification of the trees to be cut down or cut down, in particular the species and, where appropriate, the families of the trees, their number and the circumference of the strain at a height of 130 cm above the ground; the area of the felled area may be indicated for felling of the wood soils involved, indicating the species and, where appropriate, the family of the trees,
(d) the justification for the notification; and
(e) in the case of felling of timber under Article 8 (4) of the Act, proof of the facts suggesting that the conditions for this procedure have been met.
(3) The notification of the felling of timber (Section 8 (4) of the Act), which was carried out by the components of the integrated rescue system from the decision of the master of the rescue or destruction work or in the protection of the population, contains the indication of the place where the timber was located (cadastral territory and the parcel or address number) and their quantity and type or, where appropriate, genus.
Period during which wood felling is usually carried out
The felling of trees is generally carried out during the period of their serenity. The term "vegetable tranquility" means the period of natural attenuation of physiological and ecological functions of the wood.
Amendment to the Decree implementing certain provisions of the Nature and Landscape Conservation Act
In Decree No. 395 / 1992 Coll., implementing certain provisions of the Act of the Czech National Council No. 114 / 1992 Coll., on Nature Protection and Landscape Protection, as amended by Decree No. 105 / 1997 Coll., Decree No. 200 / 1999 Coll., Decree No. 85 / 2000 Coll., Decree No. 190 / 2000 Coll., Decree No. 116 / 2004 Coll., Decree No. 381 / 2004 Coll., Decree No. 573 / 2004 Coll., Decree No. 96 / 2007 Coll., Decree No. 141 / 2007 Coll., Decree No. 267 / 2007 Coll., Decree No. 60 / 2008 Coll., Decree No. 45 / 2006 Coll., Decree No. 96 / 2007 Coll., Decree No. 141 / 2007 Coll., Decree No. 267 / 2007 Coll.
EFFECTIVE
This Decree shall take effect on 15 July 2013.
Minister:
Mgr. Chalupa v. r.
4) Paragraph 47 (2) (b) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 150 / 2010 Coll.
5) § 24 (3) (g), § 25 (3) (g), § 58 (1) (f) and § 59 (1) (g) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended.
6) Paragraph 2 (1) (d) of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 189 / 2013 Coll., on the Protection of Wood and the Authorisation of Felling |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.2013 |
|---|---|
| Effective from | 15.07.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0