What is Act No. 200 / 1994 Coll.?

Act No. 200 / 1994 Coll., on surveying and amending and supplementing certain laws related to its implementation — The Act on Geometry and the amendment and amendment of certain laws related to its implementation.

When it became Act No. 200 / 1994 Coll. effectiveness?

Act No. 200 / 1994 Coll. became effective 01.01.1995.

Is Act No. 200 / 1994 Coll. still valid?

Yes, Act No. 200 / 1994 Coll. is still valid and effective.

How many times was it Act No. 200 / 1994 Coll. amended?

Act No. 200 / 1994 Coll. has 23 time versions of the text.

Act No. 200 / 1994 Coll. - The Act on Geometry and the amendment an...

200

THE LAW

of 29 September 1994

on geography and amending and supplementing certain laws relating to its implementation

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GEOGRAPHICAL

Oddíl první

Preliminary provisions

§ 1

The Act defines the surveying activities and regulates the rights and obligations in their execution, verification of the results of the surveying activities, geodetic reference systems and state map works.

§ 2

For the purposes of this Act:

(a) by surveying a summary of geodetic, photographic and cartographic activities including technical activities in the property register, 1)

(b) a geodetic reference system of coordinate, height or gravity system clearly defined for surveying activities in the Czech Republic,

(c) geodetic foundations a set of equipment, technical parameters of geodetic reference systems, catalogue data and mathematical relationships and constants, which serve to unequivocally localise spatial information in binding geodetic reference systems, where the equipment includes basic point fields and a national network of permanent stations for accurate positioning;

(d) points of a set of points of the basic point field of the position, height and gravity and a set of thickening points and points of the detailed point fields;

(e) the mark of the point sign of the point field, including the signal and protection device of the point field point;

(f) cartographic work resulting from the cartographic representation of the earth's surface, cosmos, spacecraft or parts thereof, objects, phenomena and their spatial relations in graphic or digital form, together with text and other accessories;

(g) a basic state map work with a basic generally usable content, continuously showing the territory according to uniform principles, created and issued by a public authority;

(h) a thematic state map work showing, as a general rule, on the basis of the basic state map work, the thematic facts identified and published by a public authority;

(i) engineering geodesy a summary of geodetic methods and procedures for the purposes of exploration, design, construction or assembly and use of building objects and technological equipment;

(j) by remote sensing of the Earth, collecting data on the territory from space or air carriers and processing of such data in order to obtain information on the location, type and state of objects and phenomena on the earth's surface and in subsurface layers;

k) Orthophooting of the Czech Republic geo-referenced seamless orthopaedic imaging of the territory of the Czech Republic based on aerial measurement images,

(l) basic bases of geographical data of the Czech Republic (hereinafter referred to as "database") database set of selected geographical, topographic and geodetic data from the whole territory of the Czech Republic (hereinafter referred to as "data"),

(m) a digital technical map of a database file containing data on transport and technical infrastructure and selected natural, building and technical objects and equipment which display and describe their actual status and data on the projects to make changes to transport and technical infrastructure;

(n) a permanent location-accurate station, a set of technical equipment that records data from the signals of global navigation satellite systems and enables users to provide such data or any other services and outputs derived from such data.

Oddíl druhý

Geographical activities

§ 3

(1) Geographical activities are the measurement, calculation and other related professional activities in the determination of dimensions and spatial relations by methods of surveying normally carried out

(a) for the purpose of building and developing geodetic foundations, the management of the cadastral property, the management of spatial information in territorial-oriented information systems, the creation of cartographic works and documentation of national borders, the boundaries of territorial units and real estate ("real estate"); or

(b) under construction.

(2) In case of doubt as to whether the surveying activities are concerned, the Czech office of surveying and cadastral (hereinafter referred to as the Office) shall decide.

(3) Geographical activities are only authorised by competent persons.

(4) A natural person with completed secondary education or higher education in the geographical direction shall be considered as a competent person for the pursuit of the agricultural activities.

§ 4

Geographical activities in the public interest

(1) Geographical activities in the public interest are:

(a) building, renewal and maintenance of point fields;

(b) drawing up a new set of geodetic property information, 1)

(c) drawing up of a geometrical plan and documentation setting out the boundary of the land, 1)

(d) the creation and maintenance of database files containing spatial information for State defence purposes;

(e) the creation and management of the database;

(f) the creation, renewal and publication of basic and thematic national map works;

(g) drawing up of land-based documents and documentation for the performance of the administration, 3)

(h) measurement of national borders, 4)

(i) building, restoring and maintaining a state network of permanent stations for accurate positioning;

j) the creation and renewal of orthopho of the Czech Republic,

(k) surveying activities under construction referred to in § 12 (2);

(l) the establishment of digital technical maps and the drawing up of documents for their management (3).

(2) The results of agricultural activities in the public interest benefit from:

(a) the authorities of the State Administration of the Geometry and the cadastral of real estate of the Czech Republic (hereinafter referred to as the "Geometry and Catalogue Authorities"),

(b) the authorities of the Ministry of Defence and the legal entity established or constituted by it, within the scope of the State's defence needs;

(c) other public authorities and local authorities within their jurisdiction.

(3) The following basic spatial data are provided for the infrastructure for spatial information in the European Community4a:

(a) basic state maps for public use;

(b) geodetic data on geodetic base equipment;

(c) the database;

(d) orthophony of the Czech Republic,

(e) database file of geographical nomenclature,

(f) data from the basic register of territorial identification, addresses and real estate ("the register of territorial identification").

(4) Geometric activities in the public interest requiring the use of measuring instruments may be carried out only by using such measuring instruments complying with the requirements of the specific legislation. (b)

§ 4a

Content, administration, use and dissemination of database data

(1) Database contains data on objects in categories

(a) residential, economic and cultural objects;

(b) communication, 4c)

(c) distribution networks and pipelines;

(d) vodstvo,

(e) territorial units including protected territories;

(f) vegetation and surface;

(g) field relief;

(h) geodetic points.

(2) Managers 4d) establish and maintain a database as part of the public administration information system. 4e) Data databases are generally usable as basic data.

(3) Data databases are binding on the creation of 1: 5 000 and smaller national map works and the basis for the creation of data-containing public administration information systems. The provisions of the first sentence shall not apply to State map works and information systems intended for the purpose of ensuring State defence and crisis management.

(4) The database administrator shall be entitled to require from the public authorities, local authorities and legal entities set up by them, data managed by those authorities and legal entities to maintain the database:

(a) spatial and descriptive information on geographical objects kept in the database;

(b) the results of the agricultural activities used in the public interest;

(c) identifiers of geographical objects maintained in public administration information systems.

(5) The authorities of the State, the authorities of the local authorities and the legal entities set up by them are required to provide the data referred to in paragraph 4 to the database administrator free of charge, unless the restriction resulting from other legislation15 is prevented. If such data cannot be provided, the authorities of the State, the authorities of the local authorities or the legal persons set up by them shall notify the database administrators in writing of the reasons for not providing them.

§ 4b

Digital technical map of the region

(1) The digital technical map is maintained for the territory of the region. The administrator of the digital technical map of the region shall be the Regional Authority in the delegation.

(2) The digital technical map of the region is a source of information which is used mainly for the purposes of spatial planning, preparation, placement, authorisation and implementation of buildings, the provision of environmental information under the Environmental Information Law and the provision of data under the Infrastructure Construction Coordination Act and measures to reduce the costs of introducing high-speed electronic communications networks.

(3) The digital technical map of the region has a public and non-public part. The implementing legislation specifies which data of the digital technical map of the region are public and non-public.

(4) The content of the digital technical map of the region consists of data on:

(a) the types, location, course and characteristics of the transport and technical infrastructure objects and equipment, including data on their protection and safety zones and data on the projects to make changes to transport and technical infrastructure in the territories of 15), and data on the upcoming infrastructure constructions16);

(b) the location, course and characteristics of the selected building and technical objects and equipment and of the selected natural objects on, below or above the ground, which characterise the basic spatial layout of the territory.

(5) The data referred to in paragraph 4 shall include data on owners, administrators, operators and editors of objects and equipment. The detailed definition of the content of the digital technical map of the region, including the manner and extent of the management of data on owners, administrators, operators and editors in accordance with the first sentence and including the definition of objects, equipment and projects referred to in paragraph 4, shall be laid down in implementing legislation.

(6) Data relevant to State defence, internal order and security are kept in the digital technical map of the region in a manner agreed with the competent authority of the State.

(7) The editor writes the data in the digital technical map of the region. The editor shall be responsible for the correctness, completeness and up-to-date of the recorded datas13) within the characteristics of the accuracy set out in the implementing regulation. The editor of data on objects and equipment of transport and technical infrastructure and data on projects to make changes to transport and technical infrastructure in the territory shall be the owner of the technical and transport infrastructure; the operator or manager of the technical and transport infrastructure may fulfil this obligation. The data editor of the upcoming infrastructure construction17). The data editor referred to in paragraph 4 (b) shall be the administrator of the digital technical map of the region. The editor may, on the basis of a written agreement, ensure that his or her editorial duties are fulfilled through another person; this is without prejudice to the responsibility of the editor under the second sentence.

(8) If the data referred to in paragraph 4 (a) are changed, the editor shall immediately enter the change in the digital technical map of the region through the single interface referred to in Article 4d (3) (b). If the data referred to in paragraph 4 (b) change, the editor shall record the change without delay after the documents for its registration have been forwarded to him.

(9) On completion of the construction which is created, amended or destroyed the object or equipment referred to in paragraph 4 (b), the construction14) shall transmit to the administrator of the digital technical map of the region, through the uniform interface referred to in § 4d (3) (b), the data relating to that object or installation. It shall be responsible for the accuracy, completeness and up-to-date of the data transmitted.

(10) Data on the digital technical map of the region shall be provided in the form and under the conditions laid down in the implementing legislation. Data from the public part shall be provided for inspection by everyone. Non-public and public data concerning technical infrastructure buildings and installations, their protection and safety zones and plans to make changes to technical infrastructure within the territory shall be provided:

(a) public authorities to the extent necessary for the performance of their tasks in the exercise of their powers;

(b) owners, managers and operators of transport and technical infrastructure to the extent necessary to ensure the operation, maintenance, restoration and development of such infrastructure; data on the infrastructure construction in progress shall be provided only for buildings financed entirely or partly from public sources;

(c) future construction constructions17) to the extent necessary for the preparation of such structures; data on the planned infrastructure construction not financed entirely or partly from public sources shall be provided only to the extent of the territory registered under § 4d (3) (c) (3);

(d) owners of the immovable property concerned;

(e) persons authorised to verify the results of the agricultural activities to the extent necessary for that activity;

(f) persons covered by other legislation.

(11) The Authority is managing, controlling and methodologically harmonising the performance of regional authorities in the field of the management of digital technical maps of regions.

§ 4c

Digital technical map of the municipality

(1) A digital technical map may also be maintained for the territory of the municipality. The manager of the digital technical map of the municipality is the municipality within its own competence.

(2) The digital technical map of the municipality may contain data

(a) pursuant to Article 4b (4); these data shall be taken into the digital technical map of the municipality from the digital technical map of the region;

(b) other facilities and objects not covered by the digital technical map of the region, where this is relevant to the fulfilment of the municipality's responsibilities; the documentation for the management of these data is provided by the municipality's own activities.

(3) Paragraph 4b (3) and (10) shall apply mutatis mutandis to the digital technical map of the municipality.

(4) The agreement on how to maintain data relevant for State defence, internal order and security in the digital technical map of the region is also binding on digital technical maps of municipalities in the territory of the relevant region.

§ 4d

Digital Public Administration Map

(1) The digital public administration map consists of the link between the cadastral map, the orthopote of the Czech Republic and the digital technical maps of the regions.

(2) The information system of the digital public administration map is the information system of the public administration. The administrator of this information system is the Office.

(3) The information system of the digital public administration map provides in particular:

(a) a uniform interface for the display of the cadastral map, orthopotope of the Czech Republic and digital technical maps of regions; the regional authorities provide the necessary synergies for this,

(b) a common interface for the transmission of data to update the digital technical map of regions and for the entry into digital technical map of regions;

(c) keeping a list

1. owners, operators and managers of technical infrastructure, including details of the territory in which they fulfil the obligation under Section 168 (b) of the Construction Act;

2. owners, operators and managers of transport infrastructure, including details of the territory in which they operate; and

3. future builders, including details of the territory in which they prepare infrastructure structures under Section 2a of the Infrastructure Construction Coordination Act;

(d) keeping a list of editors of digital technical maps of regions and persons who perform their editorial duties as editors, including the scope of their editorial authorisation.

(4) Detailed definitions of the content of the lists referred to in paragraph 3 (c) and (d) shall be laid down in implementing legislation.

(5) Where there is a change to the data contained in the lists referred to in paragraph 3 (c) and (d), the person whose data relates to the change shall immediately notify the administrator of the digital public service map information system through the single interface referred to in paragraph 3 (b).

§ 5

Provision of results of surveying activities

(1) The Geographical Office publishes the data of the database, orthopho of the Czech Republic, state map work, database file of geographical nomenclature and point fields free of charge as open data16). This is not the case if the data to which access is excluded or limited for reasons of ensuring the resilience of the critical infrastructure entity under the Critical Infrastructure Act are concerned.

(2) Upon request, the Geometry Authority shall provide the data referred to in paragraph 1 and other data from documented results of the geometrical activities, the data bases administered and the operation of the national network of accurate positioning centres in the form laid down in the implementing legislation. The implementing legislation also provides for a remuneration for them.

(3) The geographical authority shall provide the data referred to in paragraph 2 without delay after the applicant has paid the payment for the provision of the data, no later than 20 days after payment of the payment.

(4) The Geographical Office shall reject the application or part thereof if:

(a) the data required do not exist;

(b) the data are required in a form other than that provided for in the implementing act;

(c) the payment for their provision has not been paid; or

(d) data provision is hampered by restrictions resulting from other legislation15).

(5) The implementing act shall set the level of remuneration so that the total income from the provision of data does not exceed the costs of reproduction, disclosure and dissemination.

§ 5a

Providing the results of surveying activities by the Ministry of Defence

(1) On request, the Ministry of Defence provides data from documented results of surveying activities and from managed bases of state defence data to state authorities, local authorities, public research institutions and other bodies for the exercise of their responsibilities for the purpose of State defence, security, crisis management, integrated rescue system and risk-management research free of charge.

(2) The Ministry of Defence shall provide the data referred to in paragraph 1 without delay, not later than 20 days after the request, only to the extent necessary to achieve the purpose referred to in paragraph 1.

(3) The Ministry of Defence shall reject the application or part thereof if:

(a) the data required do not exist;

(b) the data are required for a purpose other than that referred to in paragraph 1;

(c) the extent of the data required clearly does not correspond to the extent necessary to achieve the purpose referred to in paragraph 1;

(d) the provision of data is hindered by restrictions arising from other legislation15), an international agreement which is part of the legal order, or by the legitimate interest of the Czech Republic or a third party; or

(e) data are required in a form other than that in which they are documented.

§ 5b

Common provisions for the provision of results of surveying activities

The provision of data under Sections 5 and 5a shall not be subject to the Freedom of Access to Information Act and the right to environmental information law; This information shall not be provided under the Freedom of Information Act and the right to environmental information law.

Oddíl třetí

Rights and obligations in the exercise of geographical activities

§ 6

Obligations in the performance of agricultural activities

(1) Persons authorised to carry out surveying activities are obliged to:

(a) notify the changes and defects detected in the geodetic data of the points of the points of the geographical area of the authority and the cadastral which provided the data within 30 days of the finding of this fact;

(b) to provide the authorities referred to in Article 4 (2) (a) free of charge with the results of the agricultural activities used in the public interest and evidence demonstrating the accuracy of the results;

(c) to provide the authorities referred to in Article 4 (2) (b) with the results of the agricultural activities available for State defence purposes free of charge.

(2) State authorities and local authorities are obliged to provide the persons authorised to carry out the agricultural activities in the public interest with the necessary synergies.

§ 7

Entry into real estate

(1) The mandates of the staff of the authorities referred to in Article 4 (2) and the persons authorised to carry out the surveying activities shall be entitled to enter and enter the land, to the extent necessary, 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.

(2) An authorised staff member of the body referred to in Article 4 (2) (a) and (b) shall demonstrate the right to enter the property in the course of the performance of the surveying and surveillance activities (8) by a service pass.

(3) Other persons are to be shown

(a) an official licence issued by one of the State authorities referred to in Article 4 (2); or

(b) a trade certificate for the pursuit of agricultural activities and, where appropriate, a certified copy thereof.

(4) The owner or operator of an installation likely to endanger life or health shall allow authorised staff of the public administration and local authorities and persons authorised to carry out surveying activities, to enter the establishment and to be obliged to teach them about safety and health at work. All such persons shall comply with the rules governing activities in such establishments.

§ 8

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

(1) The brand manager is obliged to ensure its maintenance, relocation, removal and renewal.

(2) In order to protect the mark of the basic point field, a protection zone shall be defined and declared in accordance with the building law as necessary. No action shall be taken in the protection zone which could jeopardise the mark or make it more difficult or impossible to use it.

(3) The points of the detailed position field and their marks may be established and maintained, in agreement with and on the load of the AIFM, by persons authorised to carry out surveying activities.

(4) If, for serious reasons, the mark is to be moved, removed or other measures taken to protect it, the owner or the authorized user of the property shall notify their administrator in advance.

(5) The owner or authorized user of the property shall notify the manager of the mark of the damage, threat and destruction of the mark within 30 days of the date of the finding of this fact.

(6) The brand manager shall, as a general rule, decide, within 60 days of the date of receipt of the notification referred to in paragraph 4, to transfer or remove the mark or to impose measures to protect the mark of the owner and the authorised owner of the property.

§ 9a

(1) The marks of the points of the base point fields and the protection zones of the marks of the base point fields are kept in the register of territorial identification as special purpose territorial elements. The data editor on the mark marks of the base point fields and the protection zones of the mark marks of the base point fields shall be the Geographical Authority.

(2) The marks of the points of the basic point fields are kept in the territorial identification register

(a) the identification details which are the code, the point number and the name of the point;

(b) location data, which are the coordinates of the point in the coordinate system of the single trigonometric network of the cadastral;

(c) details of links to other territorial elements.

(3) The protection zones of the marks of the basic point fields shall be kept in the territorial identification register:

(a) the identification details which are the protection zone code, the point number and the name of the point;

(b) location data, which are boundaries and demarcation point;

(c) details of links to other territorial elements.

§ 10

Compensation for property damage and compensation for restrictions on the use of real estate

(1) The mandates of the staff of the authorities referred to in Article 4 (2) and of the persons authorised to carry out the surveying activities are required to conserve the rights and property of the owner and the authorized user of the property and to put the property in its original state when the surveying activities are completed. In doing so, they are obliged to ensure that they do not interfere with the management and use of the property as little as possible. They may also, after prior notification, to the extent necessary to carry out the necessary landscaping for their own cargo, clean up and remove crops obstructing the agricultural activities and the use of marks.

(2) If it is not possible to bring the property into its original state and if the owner or the authorized user of the property is exposed to material damage as a result of the performance of the agricultural activities, it shall be entitled to compensation. The property damage is borne by whoever caused it through the performance of surveying activities. The right to compensation for property damage must be exercised for field cultures no later than 30 days from the date of its creation, in other cases within one year of its creation, otherwise it shall cease to exist.

(3) Where the owner or the authorized user of the property is limited by the placing of a mark in the usual use of the property, he shall be entitled to adequate compensation for that restriction. The refund for the restriction shall be paid by the manager of the mark for which this right must be exercised within one year of the date of notification of the location of the mark on the property, otherwise it shall cease to exist.

(4) If the refund agreement and its amount are not reached pursuant to paragraphs 2 and 3, the court shall decide.

§ 11

Obligations in the performance of geographical activities for State defence purposes and in buildings with a special protection regime

Citation	Act No. 200 / 1994 Coll., on surveying and amending and supplementing certain laws related to its implementation
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	07.11.1994
Effective from	01.01.1995
Effective until	-
Status	Valid

Act No. 200 / 1994 Coll.

The Act on Geometry and the amendment and amendment of certain laws related to its implementation

Contents