Full text of Act No 231 / 1999 Coll.
Law on the Protection of the Agricultural Soil Fund (full text as resulting from subsequent amendments)
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15.10.1999
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231
_
Announces
the full text of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as follows from the amendments made by Act No. 10 / 1993 Coll. and Act No. 98 / 1999 Coll.
The Czech National Council decided on this law:
AGRICULTURAL SOURCES FUND
(1) The Agricultural Soil Fund is the basic natural wealth of our country, an irreplaceable means of production allowing agricultural production and is one of the main environmental components. Protection of the agricultural land fund, its enhancement and rational use are activities which also ensure protection and improvement of the environment.
(2) The Agricultural Soil Fund constitutes agricultural land, i.e. arable land, hop, vineyards, gardens, fruit plantations, meadows, pastures (hereinafter referred to as "agricultural land") and land which has been and is to continue to be cultivated but is not temporarily cultivated (hereinafter referred to as "temporarily cultivated land").
(3) The agricultural land fund shall also include ponds of fish or aquatic poultry farming and non-agricultural land required for agricultural production, such as field trips, land with facilities relevant to field irrigation, irrigation water tanks, draining ditches, quarries for protection against contamination or flooding, protective terraces against erosion, etc.
(4) The fact that it is part of an agricultural land fund pursuant to paragraphs 2 and 3 shall be decided in doubt by the protection authority of the agricultural land fund.
AMENDMENTS TO THE CULTURES OF AGRICULTURAL AND NON-AGRICULTURAL SOIL AND AGRICULTURAL FUND
Changes in agricultural and non-agricultural crops
(1) On the basis of a decision given in the procedure for the use of the land (1), on application by the owner of the land or, where appropriate, by the lessee of the land supported by the owner's consent, the conversion of non-agricultural soils (2) to agricultural land may be carried out (§ 1 (2)).
(2) The conversion of meadow or pasture into arable land may only take place on the basis of the agreement of the authority for the protection of the agricultural land fund.
(3) The authority for the protection of the agricultural land fund is entitled, for environmental reasons, to impose a change of culture on the owner or tenant of the agricultural land. The decision imposing a change in the culture of agricultural land authorises the owner or lessee to be reimbursed by the protection authority of the agricultural land fund for the costs incurred and losses resulting from the change. The resources from the State Environmental Fund of the Czech Republic may be used to cover expenditure under this provision. 3)
Management of agricultural land
(1) The owners or tenants of land must manage the agricultural land in such a way that they do not pollute the soil and thereby the food chain and sources of drinking water with harmful substances that threaten the health or life of humans and the existence of living organisms, (4) do not damage the surrounding land and the beneficial physical, biological and chemical properties of the land and protect the cultivated land according to approved land modification projects.
(2) The owners or tenants of land belonging to the agricultural land fund shall be obliged to allow the authorities of the agricultural land conservation fund to enter the land for the purpose of surveillance and control activities.
(3) Where there are serious reasons for doing so, the protection authorities of the agricultural soil fund may impose the removal of the identified defects referred to in paragraph 1, or decide that land contaminated with harmful substances that threaten the health or life of humans may not be used for the production of agricultural products entering the food chain.
(4) Measures imposed pursuant to paragraph 3 shall be discussed in advance with owners or tenants of land belonging to the agricultural land fund.
(5) Following the implementation of the measure on the basis of the decision referred to in paragraph 3, the owner or lessee of the land may request the State Environmental Fund of the Czech Republic (3) to grant a contribution to mitigate the economic consequences of the measures imposed, if they are to remedy the non-fault of the damage.
PRINCIPLES FOR THE PROTECTION OF THE AGRICULTURAL SOCIAL FUND
For non-agricultural purposes, mainly non-agricultural land, in particular unbuilt and insufficiently utilised land, must be used in the concurrently built territory of the municipality or in the non-built areas of the building grounds (5), buildings outside that territory, building spaces and areas resulting from the demolishing of surviving buildings and installations. However, where necessary, withdrawal of the agricultural land fund must take place, in particular:
(a) as little as possible to interfere with the organisation of the agricultural land fund, the hydrological and outflow conditions within the territory and the network of agricultural special-purpose roads;
(b) remove only the most necessary area of the agricultural land fund;
(c) when placing directional and liner structures as little as possible to make it difficult to manage the agricultural land fund;
(d) upon completion of the authorisation for non-agricultural activities, without delay, to make such a landscaping arrangement that the land concerned may be reclamated and be eligible for additional functions in the landscape under an approved recovery plan.
PROTECTION OF THE AGRICULTURAL SOURCES FUND
For land planning activities
(1) In order to ensure that the protection of the agricultural land-use fund is ensured in the context of a territorial planning activity carried out under the Specific Regulations (6), purchasers and processors of land-based planning documents and land-based planning materials are obliged to comply with the principles of such protection (§ 4), to propose and justify such a solution as is most advantageous in terms of the protection of the agricultural land-use fund and other legally protected general interests. In doing so, it must assess the expected consequences of the proposed solution on the agricultural land fund, as a rule compared to other possible solutions.
(2) Proposals for land-use planning documents and land-use planning documents must already be discussed with the soil protection authorities during the process of the concepts and given their agreement before approval.
(3) A territorial decision, 7) which is to be affected by the agricultural land fund, may not be given unless consent to its withdrawal has been given by the protection authority of the agricultural land fund (§ 9), except where such consent is not required.
When processing proposals for the determination of mining areas
(1) The legal and natural persons authorised to extract minerals are required to follow the principles of protection of the agricultural land fund (§ 4) in the processing of proposals for the setting of conquest areas under the specific legislation8), to propose and justify such a solution as is most advantageous in terms of the protection of the agricultural land fund and other legally protected general interests. In doing so, it must assess the expected consequences of the proposed solution on the agricultural land fund, taking into account the possibility of reclamation, as a rule compared to other possible solutions.
(2) Proposals for the establishment of conquest areas must be discussed with the authorities for the protection of the agricultural land fund and given their agreement before approval.
When processing the installation input
(1) When processing the award of building 9), investors are required to follow the principles of the protection of the agricultural land fund (Section 4) and to propose the location of the building in such a way that, in terms of the protection of the agricultural land fund and other legally protected general interests, the losses of the agricultural land fund occur as little as possible, while evaluating the consequences of the proposed solution on that fund. If the solution is not clear, it is necessary to propose the location of the construction in alternatives.
(2) The application for approval of the award of the construction in which the agricultural land fund is expected to be withdrawn must be supported by the agreement of the authorities protecting the agricultural land fund (§ 9), except where such consent is not required.
(3) The design of routes above and below ground lines, roads, 10) national draft11) and waterways and their parts, 12) which are being processed at the stage prior to the processing of the award of these structures, must be discussed with the authorities for the protection of the agricultural land fund and given their agreement.
For construction, mining and industrial activities and geological and hydrogeological exploration
(1) In order to avoid damage to the agricultural land fund in construction, mining and industrial activities, or, where appropriate, to minimise such damage, legal and natural persons engaged in such activities are required to comply with the principles of protection of the agricultural land fund (Section 4), in particular:
(a) to hide separately the upper cultural layer of the soil and, where appropriate, the deeper-placed soil-capable fertilisation on the whole area concerned and to ensure that it is used or properly stored for the purpose of reclamation, or to ensure that it is transported and spread to areas designated by the soil protection authority, unless, in justified cases, that authority grants an exemption from the obligation to carry out the soil cover;
(b) to store the leeway soil in the harvested areas and, if this is not possible or economically justified, to deposit it primarily on areas of infertile or of poor quality which have been withdrawn from the agricultural land fund for that purpose;
(c) to perform appropriate surface treatment of the areas concerned in order to prepare for reclamation in the form, soil storage and water conditions where the implementation of the reclamation is considered;
(d) carry out, in accordance with approved plans, the reclamation of the areas concerned in order to be eligible for additional functions in the landscape;
(e) take measures to prevent leakage of solid, liquid and gaseous substances damaging the agricultural soil fund and its vegetation cover.
(2) In the geological and hydrogeological survey and in the construction, repair and maintenance of aerial and underground lines on the agricultural land fund, operators of such work shall comply with the obligations referred to in paragraph 1, and
(a) to carry out work on land, particularly at the time of serenity, and to bring the areas concerned to their original state,
(b) carry out work in such a way as to minimise damage to the agricultural land fund and its vegetation cover;
(c) discuss the work planned in time with the owner or, where appropriate, the tenant of the land belonging to the agricultural land fund.
(3) Where work related to geological and hydrogeological surveys and to the construction, repair and maintenance of aerial and underground lines requires the removal of the agricultural land fund for a period of more than one year, including the time needed to bring the land concerned into its original state, operators of such work shall be required to ask the authority for the protection of the agricultural land fund to accept the withdrawal from the agricultural land fund (§ 9).
WITHDRAWAL OF THE AGRICULTURAL SOURCES
(1) In order to withdraw the land from the agricultural land fund for non-agricultural purposes, the agreement of the protection authority of the agricultural land fund, which is necessary for the decision to be taken in accordance with the specific rules, 13), except in the cases referred to in paragraph 2.
(2) The agreement of the body of the agricultural land fund referred to in paragraph 1 does not need to be withdrawn from the agricultural land fund
(a) on parcels which are:
1. unbuilt area of built-in building land, 14)
2. in garden settlements 15) interest organisations or other legal persons,
3. special purpose areas for facilities and equipment 16) or in the case of medical, cultural, educational and ecclesiastical objects and equipment;
4. in the concurrently built territory of the municipality, they are owned by a natural person whose removal is to take place in the interests of that person for the construction of a garage, gardening cabins, holiday cabins, small buildings (buildings with additional function to the construction of the main), 17), construction for small-scale cultivation or breeding and construction of a wine cellar,
5. designed for buildings for living in the concurrently built territory of the village, 17a)
(b) for location
1. signals, stabilising stones and other marks for geodetic purposes, masts of overhead lines, input shafts of underground line, unless in individual cases the area exceeds 30 m2;
2. pumping stations, drilling wells and wells and above-ground or underground line stations, unless the area is more than 55 m2 in each case, and wind pits;
(c) for non-agricultural purposes for a period of less than one year, including the time needed to bring the land into its original state.
(3) Soil may be withdrawn from the agricultural land fund permanently or temporarily. The land may be temporarily withdrawn only if, after the end of the purpose of its removal, the area concerned is reclaimed in accordance with an approved recovery plan so that it can be returned to the agricultural land fund.
(4) The application for the approval of the withdrawal of land from the agricultural land fund referred to in paragraph 1 shall be submitted by the person in whose interest it is intended to be withdrawn (the applicant).
(5) In the application referred to in paragraph 4, the applicant shall indicate the purpose of the intended withdrawal and justify why the proposed solution is most favourable with regard to the protection of the agricultural land fund and the environment. It shall include:
(a) the data of the cadastre of real estate (18) on the parcels proposed for withdrawal from the agricultural land fund, as well as the area of parcels or parts thereof and the drawing of the proposed withdrawal, in a copy of the cadastral map, supplemented by an indicative plot of parcels from the previous land register;
(b) an extract from the cadastral of real estate indicating ownership and / or user relations with the land concerned;
(c) the statement of the owners of the parcels concerned and, where appropriate, their tenants on the proposed withdrawal;
(d) the calculation of the levies on the withdrawal of land from the agricultural land fund, not of the withdrawal at which the levies are not prescribed;
(e) a plan of reclamation, if the land is to be returned to the agricultural land fund after the purpose of withdrawal or reclamation by afforestation (planting of timber or bushes) or by the establishment of a water area;
(f) a preliminary balance of the cover of the cultural layers of the soil and a proposal on how they are used economically.
The protection authority of the agricultural land fund may, where necessary, require the submission of further documents necessary for the examination of the application.
(6) The protection authority of the agricultural land fund shall examine the application and its annexes and, if it finds that the land may be withdrawn from the agricultural land fund, shall give its consent to such withdrawal, in particular:
(a) define which parcels or parts thereof are concerned by such consent;
(b) lay down the conditions necessary to ensure the protection of the agricultural land fund;
(c) approve the reclamation plan referred to in paragraph 5 (e), or, where appropriate, provide for specific arrangements for its implementation in terms of timing and termination of work, provided that there are particular reasons for this in the case of coal quarry (surface) extraction or geological exploration, in particular in the case of very deep drilling;
(d) determine whether and to what extent payments for the withdrawal of land from the agricultural land fund will be made.
(7) The amount of the contributions referred to in paragraph 6 (d) shall be defined only by indicative reference to the authority for the protection of the agricultural land fund. The final amount of the levy is determined by a decision (Paragraph 11 (2)).
(1) The consent to the withdrawal of land from the agricultural land fund issued pursuant to Article 9 (6) is a binding part of the decisions to be taken in accordance with the specific rules. (6) The applicant shall comply with the conditions laid down in it from the date on which those decisions became final and, where appropriate, within the time limits specified therein. The validity of the consent issued shall be the same as those of those decisions and shall be extended at the same time as the extension of the authorisation pursuant to the specific provisions. 6)
(2) The authority responsible for the protection of the agricultural land fund which has given its consent to the withdrawal of land from the agricultural land fund may, on a proposal from the applicant, amend the conditions and other facts laid down in it in the procedure for amending decisions issued under specific rules. 6)
(3) On the basis of a decision given under the special legislation19) and the declaration by the owner of the cadastral office, the cadastral office will make an amendment to the type of land 19a) in the cadastral register, if the land referred to in § 1 (2) of this Act is affected by the withdrawal agreement, or if it is affected by non-agricultural land belonging to the agricultural land fund (§ 1 (3)).
GROUNDS FOR THE WITHDRAWAL OF SOURCES FROM THE AGRICULTURAL SOURCES FUND
(1) He in whose interest the agreement to withdraw the land from the agricultural holding (Section 9 (6)) has been given, is obliged to pay a levy of the amount fixed in accordance with the Annex to this Act, if the agricultural land or the land is temporarily not cultivated (Section 1 (2))
(a) permanently for the purposes of making irreversible changes preventing the agricultural use of the agricultural land fund; for the purposes of this Act, this means the location of a building firmly linked to the land, mine or mining work (quarry, mine, gravel openings, etc.), or the implementation of a terrain treatment requiring a plot of land on the parcels concerned,
(b) temporarily (Paragraph 9 (3)).
(2) The amount of the levy on the withdrawal of land from the agricultural land fund shall be decided by the authority for the protection of the agricultural land fund in accordance with the Annex to this Law, following final decisions made under specific rules. 6) The part of the 40% levy is the revenue of the budget of the municipality in whose district the land is removed, the rest is the income of the State Environmental Fund of the Czech Republic. 3) The contributions which are the income of the municipal budget can only be used to improve the environment in the municipality and to protect and restore nature and landscape.
(3) The levy on permanently withdrawn land (paragraph 1 (a)) is not prescribed if the land is withdrawn for:
(a) the construction of agricultural primary production, the construction of agricultural special-purpose roads, the establishment of fish or aquatic poultry ponds and the implementation of investments in land to improve soil fertility (melioration facilities, etc.);
(b) construction of buildings and equipment needed for waste water treatment;
(c) communication, courtyard, reinforced areas and greenery for residential and civil and technical equipment,
(d) the purposes listed in Paragraph 9 (2).
(4) For the purposes of this Act, buildings and facilities for anti-erosion protection, water regime optimisation and landscape revitalisation shall be considered as investments in land to improve soil fertility.
(5) The levy on temporarily withdrawn land (paragraph 1 (b)) is not prescribed if the agricultural land is withdrawn for the cultivation of Christmas trees or trees grown for energy purposes.
(6) The payment for permanent land withdrawal shall not be made in cases of withdrawal for buildings for housing on areas designated for this purpose by an approved municipal territorial plan or regulatory plan always outside the concurrently established territory of the municipality. 17a)
(7) For the purposes of calculating the contributions, buildings of schools of all types, nursery schools, cinemas, theatres, cultural houses, exhibition halls, hospitals, clinics, health facilities and centres, social care institutes including youth institutions, nursery, children's homes, church buildings (chapel, churches, prayer houses) and cemeteries are considered as buildings for civil use.
(8) The construction of agricultural primary production for which no payment is made for the removal of land from the agricultural land fund shall not be regarded as being linked to animal husbandry for other purposes such as sports (track, training hall, etc.).
(9) If the land is permanently removed from the agricultural land fund on condition that, after the end of the purpose of the removal, the land is reclaimed by afforestation (planting of timber or bushes) or by the establishment of a water area, the payments shall be as for temporary withdrawal.
(10) The payments for the permanent withdrawal of land from the agricultural land fund shall be paid on a one-off basis, except in the cases referred to in paragraph 9.
(11) The payments for the temporary withdrawal of land from the agricultural land fund and for the permanent withdrawal of land in the cases referred to in paragraph 9 shall be paid annually until the completion of the reclamation under the approved plan [Paragraph 9 (6) (c)].
Maturity of contributions
(1) A lump-sum payment (Paragraph 11 (10)) is payable within 30 days of the date on which the decision on the levy became final.
(2) If the contributions are paid annually (Section 11 (11)), they shall be due no later than the end of each calendar year in which the withdrawal takes place.
(3) If the levy has not been paid in full and in good time, the amount of the penalty paid shall be the subject of an obligation to pay the penalty payment which shall:
(a) in the case of a legal person or a natural person authorised to do business (21), 0,05% of the amount due for each day of delay;
(b) for a natural person, 5% of the amount due per year.
The amount of the periodic penalty payment shall be fixed by the financial authority by means of a payment order based on the opinion of the agricultural holding fund protection authority which issued the levy decision (Section 11 (2)). The penalty shall be payable within 15 days of the date of receipt of the payment notice. In justified cases, the Ministry of Finance of the Czech Republic may reduce or waive the periodic penalty payments or, where appropriate, designate authorities and define their authorisation to authorise such relief.
(4) The financial authority (21a) collects and enforce the withdrawal levy under specific rules. 21b)
(5) If the amount of the levy paid on a one-off basis (Paragraph 11 (10)) does not exceed the total amount of CZK 50, the levy is not payable.
SCOPE OF THE AGRICULTURAL FUND PROTECTION AUTHORITIES
(1) The authorities responsible for the protection of the agricultural land fund are municipal authorities, district authorities, national parks administration and the Ministry of the Environment of the Czech Republic. On the territory of the capital city of Prague are these authorities district offices, the Magistrate's Office of the capital of Prague and the Ministry of the Environment of the Czech Republic.
(2) In military resorts (22), the special authorities of the Federal Ministry of Defence perform the function of the agricultural soil fund.
Authorised municipal authorities and in the territory of the capital of Prague district offices
(a) decide, pursuant to Article 1 (4), in doubt that it is part of an agricultural land fund;
(b) impose, pursuant to Article 2 (3), a change in the culture of agricultural land on parcels of up to 1 ha;
(c) impose, pursuant to Article 3 (3), the removal of defects detected in supervisory and control activities;
(d) agree, pursuant to Article 5 (2), to proposals for zoning documents or to proposals for zoning documents based on approved zoning plans of the local departments;
(e) grant, in accordance with Article 9 (6), the approval of the withdrawal of land from the agricultural land fund if the agricultural land and land temporarily not cultivated (Article 1 (2)) is affected by an area of up to 1 ha, setting out the conditions to ensure the protection of the agricultural land fund, approving the recovery plan, and, where appropriate, laying down a special arrangements for its implementation, and determining whether and to what extent payments for the withdrawal of land from the agricultural land fund will be made,
(f) issue, pursuant to Article 11 (2), a decision on levies on the withdrawal of land from the agricultural land fund and allow, pursuant to Article 12 (1), a deferral of the deadline for payment of such contributions;
(g) impose fines under Paragraph 20.
District offices and in the territory of the capital of Prague
(a) grant, pursuant to Article 2 (2), consent to the conversion of meadow or pasture into arable land;
(b) impose, pursuant to Article 2 (3), a change in the culture of agricultural land on parcels of more than 1 ha;
(c) decide, in accordance with Article 3 (3), that land contaminated with harmful substances which threaten the health or life of humans must not be used for food production;
(d) agree, in accordance with Article 5 (2), to the proposals for territorial planning documents of the local departments and zones and to the proposals for territorial planning documents, not to cases within the competence of the entrusted municipal authorities (Article 14 (d)), with the exception of the proposals for territorial planning documents of the local departments in which the district office is situated (in the territory of the capital of Prague, except for the territorial planning documents which deal with the entire territory);
(e) agree, in accordance with Article 6 (2), to proposals for the establishment of conquest areas where the proposed solution affects an agricultural land fund of up to 10 hectares,
(f) grant, pursuant to Article 7 (3), approval to draft routes of above and underground lines, infrastructure, national waterways and waterways and their parts, the largest part of which is located in the territory of the relevant district (capital city of Prague),
(g) grant, in accordance with Article 9 (6), the approval of the withdrawal of land from the agricultural land fund, if the agricultural land and land not cultivated (Article 1 (2)) is affected by an area of between 1 and 10 hectares, setting out the conditions to ensure the protection of the agricultural land fund, approving the recovery plan, or laying down, where appropriate, a special scheme for its implementation, and determining whether and to what extent the charges for the withdrawal from the agricultural land fund will be imposed;
(h) direct and unify the performance of the State administration on the protection of the agricultural land fund, which is provided by the entrusted municipal authorities in the territory of the relevant district (district offices in the territory of the capital city of Prague), oversee how these authorities perform their tasks, carry out control activities and encourage them to apply measures to remedy the deficiencies identified;
(i) state administration in the field of protection of the agricultural land fund, unless another authority is competent under this law.
The management of national parks shall exercise jurisdiction on the territory of such parks in order to protect the agricultural land fund in accordance with a specific regulation. 23)
Ministry of Environment of the Czech Republic
(a) in accordance with Article 5 (2), consent is given to the proposals for the territorial planning documentation of the local departments in which the seat of the district office is situated, to the proposals for the territorial planning documents which deal with the entire territory of the capital of Prague and to the proposals for the territorial planning documents of the large territorial units;
(b) agree, pursuant to Article 6 (2), on proposals for the establishment of conquest areas where the proposed solution affects the agricultural land fund of more than 10 hectares;
(c) in accordance with Article 7 (3), gives its consent to draft routes of above-ground and underground lines, infrastructure, national railways and waterways and their parts located in the territory of two or more counties, not including cases within the jurisdiction of the district authorities (Article 15 (f));
(d) agree, in accordance with Article 9 (6), to the withdrawal of land from the agricultural land fund, if agricultural land and land temporarily not cultivated for an area of more than 10 hectares, setting out the conditions to ensure the protection of the agricultural land fund, approving the recovery plan, or laying down specific arrangements for its implementation, and determining whether and to what extent payments for the removal of land from the agricultural land fund will be required;
(e) manage the performance of the state administration on the agricultural land fund protection section and monitor the performance of its tasks by the authorities of the agricultural land fund of the basic and middle-class on that section;
(f) develop the concept of protecting the agricultural land fund as an environmental component and ensure the preparation of generally binding legislation;
(g) produce interpretations on the provisions of generally binding legislation on the protection of the agricultural land fund;
(h) carry out control activities and give the authorities the protection of the agricultural land fund the incentive to apply measures within their scope to remedy the deficiencies identified.
Common provisions on the exercise of state administration in the field of protection of the agricultural land fund
(1) The application to initiate the procedure under the law is submitted by legal and natural persons to the entrusted municipal office (in the territory of the capital of Prague at the district office), the largest part of the agricultural land fund to be affected by the relevant proposal. That authority shall examine the proposal and, if it is not competent to deal with it, forward it, with its opinion, to the protection authority of the agricultural land fund of higher grade. Similarly, the authority for the protection of the agricultural soil fund of the middle degree, if the competent Ministry of the Environment of the Czech Republic is responsible for handling the proposal.
(2) If the agricultural land fund concerned by the proposal submitted is located in the geographical area of two or more entrusted municipal offices or district offices (in the territory of the capital of the district offices of Prague), the authority responsible for the management of the agricultural land fund protection is the one in whose territory the largest part of the land concerned is situated, where it has jurisdiction under § 14 to 16.
(3) The authorities of the protection of the agricultural land fund ensure compliance with the provisions of the law and the rules issued on the basis of it, check consistently that the conditions and measures laid down by them are complied with in accordance with the procedure laid down by the law and, within the limits of their competence, impose measures to remedy the deficiencies identified.
(4) The authorities of the protection of the agricultural soil fund cooperate with all the authorities of the state administration whose activities concern the agricultural soil fund, the environmental inspection bodies of the Czech Republic, the State Environmental Fund of the Czech Republic and the Land Fund of the Czech Republic.
SPECIAL PROVISIONS
If the cadastral authority finds that a natural change has taken place in the re-mapping or in other activities linked to the management of the cadastral property, it shall examine the facts established with the owners of the land concerned, and shall bring the condition of registration into line with the state of nature, as a result of the small gradual long-term movements of the land belonging to the agricultural land fund.
FINES
(1) Legal persons, as well as natural persons authorised to do business, 24) who breach the obligations referred to in paragraph 2 shall be entitled to impose fines up to a maximum of 500 times the minimum wage laid down in the special regulation. 25)
(2) Fines shall be imposed on:
(a) the withdrawal of land which is part of the agricultural land fund without the consent of the protection authority of the agricultural land fund, in so far as this is not necessary (§ 9 (2));
(b) an illegal change of culture or failure to implement a imposed change of culture (§ 2);
(c) failure to comply with measures imposed by a public authority under this Act.
(3) The fine may be imposed within one year of the date on which the authority responsible for imposing the fine became aware of the infringement, but no later than three years from the date on which the infringement occurred.
(4) The imposition of the fine referred to in paragraph 1 shall not affect the criminal liability of workers of a legal person or a natural person authorised to do business. 24) The liability for damage under specific rules shall also remain unaffected.
(5) Where soil damage or degradation is caused by a natural person as part of the agricultural land fund (Section 1), the protection authority of the agricultural land fund shall act in accordance with the specific rules. 26)
(6) The fines are 50% of the income of the State Environmental Fund of the Czech Republic (3) and 50% of the income of the body which imposed the fine. The fine shall be collected and enforced by the financial authority in accordance with specific rules. 21b)
PROVISIONS COMMON, TRANSITIONAL AND FINAL
The General Rules on Administrative Procedure do not apply to proceedings under Articles 2 (2), 5 (2), 6 (2), 7 (3) and 9 (6).
The Ministry of the Environment of the Czech Republic will issue more detailed arrangements
(a) the criteria to be followed by the authorities for the protection of the agricultural land fund when granting consent to the change of meadow or pasture to arable land (Section 2 (2));
(b) which criteria are relevant for the protection of the agricultural land fund to be able to impose a change in the culture of agricultural land (Section 2 (3));
(c) the maximum permitted content of harmful substances in soil which endanger the health or life of humans and the existence of living organisms (§ 3 (1) and (3));
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Regulation Information
| Citation | Full text of Act No. 231 / 1999 Coll., Act on the Protection of the Agricultural Soil Fund (full text as resulting from subsequent amendments) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.10.1999 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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