Government Regulation No. 203 / 2009 Coll.
Government Regulation on the procedure for the detection and application of compensation and the procedure for determining its amount in areas designated for the management of floods
Valid
Regulation
Effective from 25.06.2009
203
GOVERNMENT REGULATION
of 22 June 2009
on the procedure for the detection and application of compensation and the procedure for determining the amount thereof in the areas designated for the management of floods
The Government orders pursuant to § 68 (2) of Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Laws (Water Act), as amended by Act No. 181 / 2008 Coll., ("the Act '):
Procedure for the application of compensation
(1) The right to compensation is exercised by the lodging of a claim by the injured party for compensation for damage caused by the controlled spill of the flood ("the application"). The details of the application are set out in the Annex to this Regulation.
(2) The application shall be submitted to the Ministry of Agriculture (hereinafter referred to as "the Ministry") without undue delay after the completion of the controlled flood spill, which means emptying the retention space. The date of commencement and termination of the controlled flood spill shall be published by the Ministry on its website on the basis of the information of the owner of the waterworks.
Procedure for determining compensation
(1) The Ministry shall carry out an inspection of the territory in which the damage caused by the flood spills occurred, not later than 15 days after the date of receipt of the application, unless otherwise agreed with the injured party.
(2) The Ministry shall draw up a report on the damage suffered no later than 30 days after the date of completion of the inspection referred to in paragraph 1.
(3) The Ministry will draw up a report on the extent and duration of the flooding of forest areas, unless it is possible to draw up a report on the damage suffered. After the damage has been detected, the injured person shall, without undue delay, make a notification of the damage caused by the controlled spill of the forest flood.
(4) The Ministry will carry out a further inspection of the territory in which damage to forest crops has been caused by the controlled flood, within 15 days of the date of notification at the latest and within 30 days of the date of the jumping of the survey, shall draw up a report on the damage suffered.
(5) On the basis of the information contained in the Protocol drawn up pursuant to paragraph 2 or 4, the Ministry shall determine the amount of compensation under the law and this Regulation.
Procedure for determining the amount of compensation for damage to field crops
The amount of compensation for damage to field crops shall be determined on the basis of the market price at the time of the spread and taking into account the type of damaged field crop and the annual period during which the managed spread occurred, separately for each type of crop. The costs of disposing of damaged crops shall be reimbursed as shown.
Procedure for determining the amount of compensation for land damage
The amount of compensation for soil damage shall be determined at the level of the costs of putting the soil back into its original state, taking into account the possibility of restoring the production and non-production functions of the soil, the nature of the damage, in particular the removal of the ornice, the resulting creases, undesirable loads and soil contamination. The cost of putting the soil back in its original state, including the cost of carrying out analyses to detect pollutants in the soil as a result of a controlled flood spill and the cost of the removal of sewerage, shall be reimbursed as shown.
Procedure for determining the amount of compensation for forest damage
The determination of the amount of compensation for damage caused to forests shall be governed by the legislation governing the method of calculating the amount of damage or damage caused to forests (1).
Procedure for determining the amount of damages at the construction site
The amount of compensation for damage at the construction site shall be determined at the level of the cost of putting the construction in its original state, including the cost of the removal of the flooding. These costs shall be reimbursed as shown.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Fischer, CSc.
Minister for Agriculture:
Ing. Shebesta v. r.
Annex to Government Regulation No 203 / 2009 Coll.
Forms of application for compensation for damage caused by the controlled flood spread
1) Decree No. 55 / 1999 Coll., on the method of calculating the amount of damage or damage caused to forests.
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Regulation Information
| Citation | Government Regulation No. 203 / 2009 Coll., on the procedure for the detection and application of damage compensation and the procedure for determining its amount in the territories designated for managed floods |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.06.2009 |
|---|---|
| Effective from | 25.06.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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