Act No. 216 / 2007 Coll.
Act amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended
Valid
Law
Effective from 22.08.2007
Text versions:
22.08.2007
216
THE LAW
of 18 July 2007
amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and amending certain related laws (Act on Environmental Impact Assessment), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll., Act No. 163 / 2006 Coll. and Act No. 186 / 2006 Coll., is amended as follows:
1. in Article 4 (1) (b) and (c):
"(b) amendments to the project listed in Annex 1 to this Act of Category I where its capacity and scope are to be significantly increased or where its technology, traffic management or use is significantly changed and the changes referred to in (a) are not concerned; such changes to projects shall be subject to assessment where provided for in the survey procedure;
(c) the projects listed in Annex 1 to this Act of Category II and the changes to those projects where the change in the project has its own capacity or scope reaches the relevant limit value, if indicated, or if its capacity and scope are to be significantly increased or if its technology, traffic management or use is significantly changed; such projects and changes to projects shall be subject to assessment, where provided for in the survey procedure, '.
2. in Article 4 (1), the following points (d) and (e) are inserted after point (c), including footnote 2a:
"(d) the projects listed in Annex 1 to this Act which do not reach the relevant limit values, where they are mentioned (hereinafter referred to as the" below-limit intention ") and the competent authority shall provide that they shall be subject to a survey procedure; such projects shall be subject to assessment where provided for in the survey procedure;
(e) structures, activities and technologies which, according to the opinion of the nature conservation authority issued under the Special Legislation (2a), may, individually or in conjunction with others, have a significant impact on the territory of a European site or bird area; these structures, activities and technologies shall be subject to assessment where provided for in the survey procedure;
2a) § 45h and 45i of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll. '
Point (d) shall be renumbered as point (f).
3. Paragraph 6 (2) to (4), including footnote 4a, reads as follows:
"(2) In the case of a sub-limited project, the notifier shall submit its notification in writing in one copy or an electronic data message bearing the guaranteed electronic signature (4a). The details of the notification of a sub-limited project are set out in Annex 3a to this Act.
(3) The competent authority shall inform the notifier within 15 days, on the basis of the notification of a sub-limitation project and taking into account the principles set out in Annex 2 to this Law, whether the sub-limitation project will be subject to the investigation procedure and, at the same time, publish it on the Internet.
(4) The notifier shall submit the notification of the intention in writing and on the technical medium of the data, if necessary by e-mail (hereinafter referred to as "electronic format '), in the number of copies provided for in the agreement with the competent authority. The formalities for notification of a project pursuant to Article 4 (1) (a), (b), (c) and (e) are set out in Annex 3 to this Act. In the case of a project which is subject to an assessment under Annex 1 to this Act, the notifier must always state the outline of the main options studied and the underlying reasons for its choice in view of the environmental impact.
4a) Act No. 227 / 2000 Coll., on electronic signature and amending certain laws (Act on electronic signature), as amended. '.
4. In Article 6, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The notifier may submit a notification with the content and scope referred to in Annex 4 to this Act, in the number of copies provided for in an agreement with the competent authority. In the case of projects and changes to projects referred to in Article 4 (1) (a), (b) and (c), the notifier may submit, instead of the notification, the environmental impact documentation (hereinafter referred to as the" dossier ') referred to in Annex 4 to this Act; in this case, further progress shall be made in accordance with Section 8. For projects which are subject to environmental impact assessment beyond the Czech Republic pursuant to § 11, the notification shall always be submitted.
(6) Where the notification complies with the requirements referred to in paragraph 4 or paragraph 5, first sentence, the competent authority shall, within 7 working days of receipt of the notification, ensure that the notification referred to in paragraph 16 is made public and at least the text part of the notification is published on the Internet. The competent authority shall, within the same period, send a copy of the notification requesting observations to the administrative authorities concerned and to the local authorities concerned. The Delegated Authority (hereinafter referred to as the Regional Authority) shall send a copy of the notification to the Ministry within the same time limit. ';
Paragraph 5 shall become paragraph 7.
5. In Article 7 (1), the words "the environmental effects of the project (hereinafter referred to as the dossier) 'are deleted.
6. In Article 7 (1), the final part of the provision reads:
"For the purposes of the projects and changes to the projects referred to in Article 4 (1) (b), (c), (d) and (e), the objective of the investigation procedure shall also be to establish whether the project or its change has a significant impact on the environment, or whether the project, individually or in conjunction with others, can have a significant impact on the territory of a European site or bird area and whether it will be assessed under this law. '
7. In the first sentence of Article 8 (1), the words "The notifier shall, on the basis of the notification, the statement on the notification referred to in Article 6 (3) and (4) and the conclusion of the investigation procedure referred to in Article 7," shall be replaced by the words "If not for the procedure referred to in Article 6 (5), the notifier shall, on the basis of the notification, ensure comments on the notification referred to in Article 6 (7) and the conclusion of the investigation procedure referred to in Article 7."
8. Paragraph 8 (2) reads as follows:
"(2) Where the competent authority concludes that the dossier does not contain the particulars referred to in this Act, it shall return it within 10 working days of its receipt to the notifier; otherwise, within the same time limit, it shall send it to the administrative authorities and the local authorities concerned for comments and shall ensure that information on the documentation referred to in Article 16 is made public and shall at least publish on the Internet the text part of the dossier. The competent authority shall, without undue delay, deliver to the processor an opinion on the environmental effects of the project (hereinafter referred to as the" opinion ').'.
9. in Article 8 (4) and (5):
"(4) The competent authority shall deliver the observations received without delay upon receipt to the processor an opinion.
(5) The competent authority may, on the basis of the comments received on the dossier or on the basis of a recommendation from the processor, return the opinion to the notifier for revision or addition within 40 days of the date on which the project documentation was delivered to the processor. ';
10. In Article 8, paragraph 6 is added:
"(6) In the event of the recovery of the documentation referred to in paragraph 5, the completed or revised dossier shall be treated in accordance with paragraph 2. The competent authority shall, without delay, forward an opinion to the processor, supplemented or revised. The completion of the documentation may be sent to the authorities concerned and to the local authorities concerned and published in accordance with Article 16 at the same time as the assessment. '
11. in Article 9 (5), the first sentence is deleted;
12. Paragraph 9 (9) reads:
"(9) The competent authority may waive the public consultation of the documentation and the opinion referred to in Article 17 unless it has received a reasoned disagreement on the dossier. ';
13. in Article 11 (1) (a), the words "the intention referred to in Article 4 (1) (d) and (e)" shall be inserted after the words "Annex 1";
14. in Article 11 (1) (b), the words "the intention referred to in Article 4 (1) (d) and (e)" shall be inserted after the words "Annex 1";
15. in Paragraph 22, the words "and the projects referred to in Article 4 (1) (d) and (e)" shall be added at the end of the text of point (a).
16. In Annex No 1, category II, point 10.15, including footnote 12a, is deleted.
17. The following Annex 3a is inserted after Annex 3:
"Annex No. 3a to Act No. 100 / 2001 Coll.
Transitional provision
Environmental impact assessments initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
Efficacy
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 216 / 2007 Coll., amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and on the Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2007 |
|---|---|
| Effective from | 22.08.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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