Act No. 218 / 2004 Coll.
Act amending Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and Act No. 219 / 2000 Coll., on the Property of the Czech Republic and its Presence in Legal Relations, as amended
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Effective from 28.04.2004
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01.01.2007
28.04.2004
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218
THE LAW
of 8 April 2004
amending Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and Act No. 219 / 2000 Coll., on the Property of the Czech Republic and its Presence in Legal Relations, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Nature and Landscape Conservation Act
Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by Act No. 347 / 1992 Coll., Act No. 289 / 1995 Coll., the Constitutional Court Act No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll., Act No. 161 / 1999 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., and Act No. 100 / 2004 Coll., is amended as follows:
1. Paragraph 1 of the Act, including the title and footnote 1a, reads:
Purpose of the law
The purpose of the Act is to contribute, with the participation of the respective regions, municipalities, owners and land managers, to the maintenance and restoration of the natural balance in the landscape, to the protection of diversity of life forms, natural values and beauty, to the gentle management of natural resources and to the creation of a Natura 2000 system in the Czech Republic in accordance with the law of the European Community1a. In doing so, account must be taken of the economic, social and cultural needs of the population and of regional and local circumstances.
(1a) Council Directive 92 / 43 / EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. Council Directive 79 / 409 / EEC of 2 April 1979 on the conservation of wild birds. ';
2. in Paragraph 3 (d):
"(d) a wild animal (" the animal ") is an individual of an animal species which is present in nature and is not in direct human care. An individual of an animal or bird species derived from captive breeding shall be considered to be in direct human care, which is unmistakably identified or identified by an indelible ring or microchip or other unmistakable manner and registered by the nature protection authority. The nature conservation authority shall, upon written request by the holder within 30 days, be obliged to register such an individual unless it has reasonable grounds to suspect the illegal origin of the individual, '.
3. In Article 3, at the end of point (k), the dot is replaced by a comma and the following points (l) to (s) are added:
"(l) the natural habitat is a natural or semi-natural land or water area defined on the basis of geographical characteristics and characteristics of living and inanimate nature;
(m) natural habitats in the interest of the European Communities (hereinafter referred to as "European habitats") are natural habitats in the European territory of the Member States of the European Communities of those types which are threatened by disappearance in their natural area of enlargement or have a small natural area of enlargement due to their retreat or their natural characteristics or constitute exceptional examples of typical characteristics of one or more of the biogeographical areas and which are laid down by the legislation of the European Communities; (1b) priority shall be given to those types of European habitats which are at risk of disappearance in the European territory of the Member States of the European Communities, for which the European Communities have special responsibility and which are laid down in the legislation of the European Communities, 1e)
(n) species in the interest of the European Communities (hereinafter referred to as "European significant species") are species in the European territory of the Member States of the European Communities which are at risk, vulnerable, rare or endemic and which are provided for in the legislation of the European Communities; (c) priority shall be given to European important species requiring specific territorial protection for which the European Communities have special responsibility and which are provided for by European Community legislation, 1d)
(o) the European site is a site requiring special territorial protection (1e) and meeting the conditions laid down in Paragraph 45a (1), which:
1. has been included in the list of sites located on the territory of the Czech Republic selected on the basis of the criteria laid down by the legislation of the European Community1e) requiring territorial protection ("the national list"), pending its inclusion in the list of sites of European Community importance ("the European List"),
2. fulfils the conditions for inclusion in the national list but has not been included there and includes a priority type of natural habitat or a priority species, and the inclusion of which in the European list is discussed with the European Commission ("the Commission") until the Czech Republic has agreed to include or not to include a site with the Commission or in a decision of the Council of the European Union ("the disputed site"); or
3. has been included in the European List;
(p) Natura 20001e) is a whole European system of territories with a set degree of protection which allows the conservation of natural habitats and habitats of species in their natural area of enlargement in a conservation-friendly state or, where appropriate, allow the restoration of such status. On the territory of the Czech Republic, Natura 2000 consists of birds' areas and European sites which enjoy contractual protection (§ 39) or are protected as specially protected areas (§ 14),
(q) the conservation status of a natural habitat shall be considered "favourable" if its natural area of extension and the areas covered within that site are stable or increasing and the specific structure and functions necessary for its long-term conservation exist and are likely to continue to exist in the foreseeable future, and the conservation status of its typical species is favourable;
(r) the conservation status of a species is considered "favourable" if data on population dynamics of the species in question indicate that it is maintained as a viable element of its natural habitat in the long term, and the natural area of the species is not and is unlikely to be restricted in the foreseeable future, and there are, and likely to continue to be, sufficiently large habitats for the long term to maintain its stocks;
(s) breeding is any holding of the animal in captivity.
(1b) Annex I to Council Directive 92 / 43 / EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
(1c) Annexes II, IV and V to Council Directive 92 / 43 / EEC.
1d) Annex II to Council Directive 92 / 43 / EEC.
(e) Council Directive 92 / 43 / EEC. "
4. In Article 3, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Those types of European habitats [paragraph 1 (m)], including priority species, and those of European importance [paragraph 1 (n)], including those occurring in the Czech Republic, are defined by the Ministry of Environment by implementing legislation. For European species, they shall indicate those which require specific territorial protection under European Community legislation. 1d) '.
5. Paragraph 5 (5) reads as follows:
"(5) The deliberate spread of a cross-breed of plants or animals into the countryside is possible only with the permission of nature conservation bodies."
6. In Article 5, the following paragraph 7 is added:
"(7) It shall be prohibited to use the methods, methods and means laid down by the implementing legislation for the capture and killing of wildlife; This is without prejudice to the prohibitions laid down by specific legislation. (b) The Ministry of the Environment may, by decision, grant an exemption from prohibited methods, methods and means only under the conditions set out in § 5b or § 56 (3).
4b) Act No. 246 / 1992 Coll., to protect animals against abuse, as amended. Act No. 449 / 2001 Coll.
7. After Article 5, the following Sections 5a and 5b are inserted:
Protection of wild birds
(1) In order to protect species of birds living freely in the European territory of the Member States of the European Communities (hereinafter referred to as "birds"), it is prohibited to:
(a) their intended killing or capture by any means;
(b) intentionally damaging or destroying their nests and eggs or removing their nests;
(c) the collection and possession of their eggs in the wild, including empty eggs;
(d) the deliberate disturbance of these birds, in particular during the breeding and rearing of young birds, in so far as it would be significant in terms of the objectives of the Birds Directive, 4c)
(e) the holding of bird species the hunting and catching of which are prohibited.
(2) The sale, transport for sale, holding and breeding for sale and offering for sale of live or dead birds and any readily identifiable parts of birds or bird products are prohibited.
(3) Those who hold, breed, transport, exchange or offer such birds subject to prohibition for sale or exchange shall be obliged to prove their legal origin and identity at the request of the nature conservation authority or nature guard. The proof of origin shall be treated mutatis mutandis in accordance with Section 54.
(4) The provisions of paragraph 1 (a) and (e) shall not apply to the fishing of certain species of birds as defined and carried out in accordance with the rules on hunting and that act. The provisions of paragraph 1 (e) and paragraph 2 shall not apply to the rearing of game birds which may be fished. A list of these species shall be established by the Ministry of the Environment in agreement with the Ministry of Agriculture by implementing legislation.
(5) The provisions of paragraph 1 (a) and (d) do not apply to cases of urgent need in the interests of public health and public safety and in the interests of the safety of air traffic where, because of the risk of delay, it is not possible to comply with § 5b. Those who act in accordance with this provision shall notify the extent of the intervention and its consequences to the nature conservation authority within 15 days.
(6) Anyone who builds or reconstructs high-voltage overhead lines is obliged to provide them with protective devices to effectively prevent the killing of birds by electrocution.
(7) The provisions of this provision and of Section 5b shall apply to specially protected bird species in accordance with Section 48 only if they are not subject to stricter protection, in accordance with Sections 50 to 57 or under a special law. (4a)
Conditions for the derogation procedure for the protection of birds
(1) The Nature Protection Authority may, if there is no other satisfactory solution, provide for a procedure derogating from the procedure set out in Article 5a (1) and (2), where this is necessary in the interests of public health or public safety, in the interests of air safety, in the prevention of serious damage to crops, domestic animals, forests, fisheries and water management, or in order to protect wild fauna and flora. A derogation may also be provided for the purposes of research and teaching, resettlement of a particular territory of populations of a species or reintroduction of a species in its original enlargement zone or for breeding in human care for that purpose.
(2) The nature conservation authority may provide for the derogation provided for in paragraph 1 for the small quantity of birds to be caught, held or otherwise used, provided that the decision on the derogation is taken only on the basis of an assessment of the local population and under strict control conditions.
(3) The decision referred to in paragraph 1 shall include:
(a) the species and quantities of birds to be covered by the derogation procedure;
(b) the means, method or methods permitted for capture or killing;
(c) the reason for the derogation based on paragraph 1 or 2, the conditions and time and local circumstances under which such action may be carried out;
(d) the method of checks to be carried out by the nature conservation authority providing for a derogation procedure.
(4) In the event that the derogation procedure concerns an unspecified circle of persons, the Ministry of the Environment shall provide it with an implementing act which shall include the elements referred to in paragraph 3 (a) to (d) and the conditions under which the derogation procedure may be applied. The authority which is entitled in such a case to declare that the conditions for the derogation have occurred shall be the local authority responsible for nature conservation.
(5) Those who carry out the activities provided for in paragraph 1 or 4 shall, by 31 December of each year, report to the nature conservation authority an intervention carried out under a derogation procedure. The nature conservation authority shall immediately inform the Ministry of the Environment.
(c) Council Directive 79 / 409 / EEC of 2 April 1979 on the conservation of wild birds. '
8. Paragraph 10, including the title and footnote 9, reads:
Protection and use of caves
(1) Caves are underground spaces created by the action of natural forces, including their fillings and natural phenomena in them.
(2) It is prohibited to destroy, damage or modify caves or otherwise alter their preserved state. Exemptions from this prohibition may be granted by the Nature Protection Authority only where it is in the interests of the protection of the cave or where the other public interest protected by this or other law significantly outweighs the interest in the protection of caves.
(3) For the exploration or research of the cave, permission of the nature conservation authority is required. Authorisations do not need persons authorised by the nature conservation authority to carry out monitoring or inventory, as well as persons in the exercise of state administration, police, persons in the defence of the state and persons in the provision of veterinary care, rescue services or water flow management.
(4) The same protection provided for in paragraphs 2 and 3 as caves shall also be enjoyed by natural phenomena on the surface (for example, beauty sinks, scrapings, dives and herbicides) associated with caves.
(5) The discovery of a cave in mining minerals or in carrying out geological work is required to notify the nature conservation authority without delay. The person authorised to conquer shall also be obliged for as long as necessary, unless the safety and health at work is compromised, to stop the mining activities which could damage the cave found, and to ensure the documentation of the cave at their expense. The documentation shall be transmitted to the nature conservation authority. The content and scope of the documentation shall be determined by the Ministry of the Environment by decree.
9) Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Law), as amended. '
9. Article 18 shall be deleted;
10. in § 20 (3), § 78 (5), § 79 (3) (d), § 90 (1), the reference to § 18 shall be deleted;
11. in § 22 (2) and (3), in § 60, § 60 (3) and (4), the words "right of management" are replaced by the words "jurisdiction to manage property."
12. In Article 23, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The exchange of land, justified by the interests of nature protection, shall not be considered as disposals referred to in paragraph 1. ';
13. Paragraph 27, including the title, reads:
Breakdown of protected landscape areas
(1) As a general rule, four, but at least three, tiered nature conservation zones are defined in order to further determine how nature conservation is to be protected; the first zone has the most stringent protection regime. A more detailed regime of nature conservation zones for protected landscapes is governed by the legislation declaring the protected landscape area.
(2) The definition and changes of the different zones of nature conservation are laid down by the Ministry of the Environment by decree. "
14. In Paragraph 35 (2), the word "reservation 'is replaced by" monuments'.
15. In Paragraph 36, the following paragraph 2 is inserted after paragraph 1:
"(2) Change or damage to or economic exploitation of the natural monument resulting in its damage shall be prohibited. ';
Paragraph 2 shall become paragraph 3.
16. Paragraph 38, including the title and footnote 14a, reads:
Management plans for specially protected areas
(1) The plan for the management of the specially protected area and its protection zone (hereinafter referred to as the "care plan") is a technical and conceptual nature protection document which, based on data on the current development and current status of the specially protected area, proposes measures to maintain or improve the status of the object of protection in the specially protected area and to ensure that the specially protected area is protected from adverse effects of the surrounding area in its protection zone. The plan serves as a basis for other types of planning documents14a) and for decision-making of nature conservation bodies. It shall not be binding on natural or legal persons.
(2) The management plan shall be prepared by the nature conservation authority responsible for the declaration of the specially protected territory. The development of plans for the care of national parks and protected landscape areas is provided by the Ministry of the Environment.
(3) Before approving the care plan, the nature conservation authority shall give notice of the possibility of familiarising itself with the proposal for a care plan. It shall publish the notice on the public administration portal and send it to the municipalities concerned, which shall publish it on its official record.
(4) The proposal for a management plan shall also be discussed by the nature conservation authority with the municipalities and regions concerned. The nature conservation authority shall draw up a protocol on how to settle the comments of owners, municipalities and regions, which shall at the same time be approved by the management plan. The plan of care shall normally be approved by the Nature Protection Authority for a period of 10 to 15 years.
(5) The approved management plan will be deposited by the nature conservation authority in the central list of nature conservation (§ 42) and transmitted in electronic form on the technical medium of data to the municipalities and regions concerned.
(6) The implementation of the care of specially protected areas and their protection zones is ensured by the nature conservation authorities responsible for approving the care plan, acting in accordance with the approved care plan.
(7) The Ministry of the Environment shall, by means of implementing legislation, determine the content of the management plans for the different categories of specially protected areas and the procedure for their processing.
14a) For example part of the first Act No. 50 / 1976 Coll., § 24 of Act No. 289 / 1995 Coll., § 23 to 26 of Act No. 254 / 2001 Coll., § 36 to 38 of Act No. 449 / 2001 Coll. '.
17.
Contractual protection
(1) Instead of declaring a national nature reservation, a national natural heritage, a natural reserve, a natural monument or a monument tree, including their protection zones, a protected area or a tree may be declared as memorable if it is no longer protected under this Act, on the basis of a written contract concluded between the owner of the land concerned and the authority which is entitled to publish it. In addition, trees or other territories with concentrated natural values where significant or unique ecosystems are represented within the relevant biogeographical region or habitats of rare or endangered species of animals and plants may be further protected, provided that they are no longer specifically protected under this law. The contract shall include in particular:
(a) the definition of the protection conditions of the protected area or of the monument tree;
(b) a method of care for a protected area or tree.
Under the contract, the protection thus established shall be linked to the land in kind, the registration of which shall be requested by the competent nature conservation authority. The requirements of the content of the contract shall be adapted by the Ministry of the Environment by implementing legislation.
(2) The Protected Territory shall designate, unless otherwise provided for in the contract, the authority entitled to publish it on its cargo. The method of identifying the protected area and the monument tree in the field and in map materials is laid down by the Ministry of the Environment implementing generally binding legislation. The designated protected area or the marked monument tree shall be prohibited from damaging. ';
18.
Procedure for the declaration of specially protected areas and the demarcation of zones of national parks and landscape areas
(1) Where it is necessary to declare a specially protected territory or its protection zone or to define zones of a national park or a protected landscape area under Part Three of this Act, the nature conservation authority responsible for the declaration or definition shall ensure that the proposal is processed. When processing the design, the Nature Protection Authority shall evaluate the state of the preserved natural environment of the territory proposed for protection and determine the method of its protection.
(2) The proposal for the declaration of a specially protected territory or the definition of zones of a national park or a protected landscape area shall be notified in writing by the nature conservation authority responsible for the declaration or definition of known owners and tenants of the property concerned by the intended protection. The proposal to declare a national park, a protected landscape area or its protection zone or to define zones of a national park or protected landscape area shall be published by the nature conservation authority on the public administration portal. It will also send it to municipalities and regions whose territories are affected by the proposal. The municipality shall publish information on its receipt on the official record within 5 days. The property owners concerned by the proposed protection and the municipalities and regions concerned may object to the proposal within 60 days of its publication on the public administration portal with the nature conservation authority responsible for the publication or definition referred to in paragraph 1. Within 60 days of the last date of application of the observations received, the nature conservation authority shall examine and take a decision on the objections. It shall, as a general rule, make a joint decision on the objections. Only natural and legal persons who object to the application shall be parties to the proceedings. The competent decision on objections shall be published by the Nature Protection Authority on the public administration portal.
(3) Since the publication of the draft declaration of part of nature referred to in paragraph 2 for a special protection until the publication, but for a maximum period of one year, each shall refrain from any action which would adversely alter or harm the preserved state of nature of the territory proposed for special protection.
(4) The content and essentials of the design of a specially protected area or its protection zone or the demarcation of zones of a national park or a protected landscape area are laid down by the Ministry of the Environment by implementing legislation.
(5) The restrictions on the owners of the parcels concerned under the legislation declaring a specially protected area or its protection zone or defining zones of a national park or a protected landscape area shall not exceed the scope of the restrictions resulting from the design of a specially protected area or its protection zone or the delimitation of zones of a national park or a protected landscape area and from the decision on objections referred to in paragraph 2. ';
19. In Paragraph 41, the following paragraph 1 is added:
"(1) The intention to declare natural reserves and natural monuments will be discussed by the nature conservation authority with the authorities of the state authorities concerned under specific legislation. 15)."
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
20. in Paragraph 41 (3), the word "central" shall be deleted;
21. In Article 42, at the end of paragraph 1, the sentence "The central list shall also include the European sites, the birds' areas and the protected areas referred to in paragraph 39."
22. Paragraph 43, including the title, reads:
Exemptions from the prohibition in specially protected territories
Exemptions from the prohibition in the specially protected territories provided for in Articles 16, 26, 29, 34, 35 (2), 36 (2), 45h and 45i, in cases where the public interest is significantly outweighed by the interest of nature protection, are permitted by the Government in each case by decision. '
23. In Article 44 (1), the sentence "This consent is not necessary for the purposes of zoning and construction procedures if the buildings are in the continuously built territory of the municipality in the fourth zone of the protected landscape area and if the municipality has approved zoning documentation with an integrated opinion of the nature conservation authority on this dossier."
24. the following Part Four is inserted after Part Three, including the headings and footnotes 19a to 19g:
NATURA 2000
PROCEDURE IN THE EQUIPMENT OF NATURA 2000 AND ITS PROTECTION
European sites
Establishment of a national list
(1) The European sites will be included in the national list of sites that make a significant contribution in the biogeographical region or areas to which they belong.
(a) to maintain or restore a favourable situation of at least one type of European habitat or of at least one European major species in terms of conservation; or
(b) maintaining the biodiversity of the biogeographical region.
For species occurring in large-scale sites of European importance, the selected sites in the natural area of distribution of these species are characterised by the physical and biological factors necessary for their life and reproduction.
(2) The government shall establish the sites to be included in the national list by means of a regulation setting the boundaries of the biogeographical regions within the territory of the Czech Republic and indicating in particular:
(a) the name of the site, its geographical location, including the location map and its area;
(b) which types of European habitats and which European major species requiring territorial protection are naturally present on the site; and
(c) in which category under Section 14, including the protection zones, the site will be proposed after inclusion in the European List if it is not protected by contract pursuant to Section 39.
The national list distinguishes sites with priority habitat types and priority species.
(3) The Ministry of the Environment will submit the national list together with other required information on each site to the Commission.
(4) The sites included in the European list and the disputed sites will be notified by the Ministry of the Environment in the Collection of Laws by means of a communication.
Provisional protection of European sites of importance
(1) Damage to a European major site included in the national list and to the disputed site is prohibited. It shall not be regarded as damaging to the proper management carried out in accordance with the applicable legislation 19a) and contracts concluded under § 69 of this Act. An exemption from this prohibition may be granted by the Nature Protection Authority only for imperative reasons of overriding public interest. This is without prejudice to Sections 45h and 45i and the protection conditions of the specially protected territories. The authority granting the exemption shall inform the Ministry of the Environment without delay.
(2) The provisional protection of the sites referred to in paragraph 1 shall cease to apply on the day following their publication for a specially protected area, or the entry into force of the contractual protection, or after publication in an overview of European sites not included in the European List, announced by the Ministry of the Environment in the form of a communication in the Collection of Laws.
Protection of European sites
(1) Within 30 days from the date of notification of the inclusion of a European major site in the European List of Acts (Section 45a (4)), in the case of sites already declared as part of specially protected areas, the authority responsible for the declaration of a specially protected area in a given European site in the national list shall, within 30 days of the date of notification of the inclusion of a European major site in the European List of Laws (Section 45a (4), in the absence of sites already declared as part of specially protected areas, notify the owners of the sites via the authorities of the municipality, as a general rule by means of a public order that their protection on the land concerned may be ensured by contract where it is permitted.
(2) If, within 60 days of the date of receipt of the notice referred to in paragraph 1, the owner does not take any written action to conclude the contract or, on the basis of such action, the contract referred to in paragraph 39 shall not be concluded within one year, the European site shall be declared as a specially protected area in the category of protection laid down by the national list, in accordance with the procedure laid down by this law for the publication of the specially protected territory of the category concerned. A different category of specially protected territory may exceptionally be determined by the Ministry of the Environment depending on the nature of the European site, where justified.
(3) The declaration of specially protected areas referred to in paragraph 2 shall be made by the competent nature conservation authorities no later than 6 years after the site has been included in the European list. In defining the protection conditions of the specially protected territory, account shall be taken of the results of discussions with owners and tenants of land. Only the owners and tenants who made the comments are involved in the management of the nature conservation authority's comments. In the interests of the economy of the proceedings, the administrative procedure for comments on the same specially protected territory may be merged.
If, when drawing up a draft national list pursuant to § 45a, the European sites with one or more types of priority natural habitats and priority species 5% of the area of the territory of the Czech Republic exceed those of the European Community1e, the Ministry of the Environment shall, in accordance with the law of the European Community1e, discuss with the Commission an appropriate proposal to reduce the application of the criteria for the selection of all sites of Community importance.
Birds' areas
(1) The areas of birds shall be defined as the most appropriate areas for protection in terms of the occurrence, condition and frequency of the populations of those bird species present in the Czech Republic and laid down by the legislation of the European Communities, 4c) as laid down by the Government by regulation.
(2) The birds' areas shall be defined by the Government by a regulation in order to ensure the survival and reproduction of the species referred to in paragraph 1 on their grounds of enlargement, taking into account the protection requirements of those species; In so doing, it may establish the activities to which the consent of the nature conservation authority is required, taking into account economic requirements, recreational, sport and development objectives of the municipalities and regions concerned, in accordance with the territorial planning documentation; take into account the requirements to ensure State defence in the territory of military exits.
(3) The definition of bird areas referred to in paragraph 2 in a territory which is not yet specifically protected under Part Three of this Act may only be determined after consultation with the regions and municipalities concerned. A record of the way in which all comments are settled shall be drawn up for discussion. The settlement will respect the requirements of European Community legislation.
(4) A contract may be concluded with the owner or lessee of the land on the manner in which the birds are operated. If the owners or tenants of the land show an interest in the conclusion of such a contract in writing, the nature protection authority shall, within 90 days, open negotiations on that contract. The nature conservation authority shall conclude a contract if this contract does not conflict with the legislation of the European Communities and this law. Where, on the basis of the requirements of the owner or lessee of the land, the contract contains provisions on the execution of activities subject to the consent of the nature conservation authority referred to in paragraph 2, that consent shall not be required for the activity in question by the owner or lessee of the land.
(5) Any dispute between the nature conservation authority, on the one hand, and the other bodies referred to in paragraphs 3 and 4, on the other, in particular with regard to the protection of their rights in relation to the requirements of European Community legislation and the provisions of paragraphs 3 and 4, shall be decided by the court.
(6) The Ministry of the Environment will, if necessary, ensure the processing of a summary of the recommended measures to maintain the favourable status of the populations of these species in terms of conservation.
(7) The method of identification of bird areas in the field is laid down by the Ministry of the Environment by implementing legislation.
Monitoring of the state of bird areas, European sites and European species
(1) Nature conservation bodies shall monitor the state of birds' areas, European relevant species and the different types of European habitats, in particular European sites; the information obtained is transmitted to the Ministry of the Environment. On the basis of this monitoring, the Ministry of the Environment shall, every 3 years, draw up a report on the implementation of the provisions of Sections 5a, 5b and 45e and every 6 years, and a report on the implementation of the measures referred to in Sections 5 (7), 10, 45a, 45b, 45c, 45g, 45h, 45i, 49, 50, 54 and 56, which shall include in particular information on those measures, as well as an assessment of their impact on the status of European habitats and their different types and of European relevant species in terms of their protection and the main results of monitoring of their status, with particular regard to priority habitat types and priority species. It shall submit the report to the Commission and the public.
(2) The Government, in accordance with the legislation of the European Communities (1e) and Article 3 (1) (q) and (r) of this Act, determines the state of the European habitat and the status of a European species which is considered favourable from the point of view of protection.
Conditions for issuing authorisations, endorsements, opinions or exemptions from prohibitions
The authorisation, consent, positive opinion or exemption from the prohibition provided for in this Act for a European site or bird area may be granted by the Nature Protection Authority only if serious or irreversible damage to natural habitats and habitats of species to which a European site or bird area is designated is excluded, or if there is no systematic or long-term disturbance of the species to which those territories are intended, if such disturbance could be significant for the purpose of this Act, unless otherwise provided for in Section 45i.
Evaluation of the impact of concepts and intentions on European sites and bird areas
(1) Any concept (b) or intention (19c) which may, on its own or in conjunction with others, have a significant impact on the territory of a European site or bird region shall be subject to an evaluation of its consequences on that territory and the state of its protection from those aspects. This shall not apply to the management plans processed by the nature conservation authority for this territory, as well as to forest plans and forest plans for which the binding opinion referred to in Article 4 (3) shall in such a case take into account Article 6 (3) and (4) of Council Directive 92 / 43 / EEC.
(2) The assessment of the consequences of the concepts and projects referred to in paragraph 1 shall be carried out in accordance with specific legislation on environmental impact assessment, 19d) unless otherwise provided for in Section 45i.
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Regulation Information
| Citation | Act No. 218 / 2004 Coll., amending Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and Act No. 219 / 2000 Coll., on the Property of the Czech Republic and its Presence in Legal Relations, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.2004 |
|---|---|
| Effective from | 28.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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