Act of the Czech National Council No. 244 / 1992 Coll.
Act of the Czech National Council on Environmental Impact Assessment
Valid
Effective from 01.07.1992
244
THE LAW
Czech National Council
of 15 April 1992
on the environmental impact assessment of development concepts and programmes
The Czech National Council decided on this law:
INTRODUCTORY PROVISIONS
Subject matter
The Act provides for environmental impact assessment of development concepts and programmes (hereinafter referred to as "the concept ') and designates the competent authority to assess environmental effects, which is the Ministry of the Environment (hereinafter referred to as" the competent authority').
ASSESSMENT OF CONCEPTIONS
(1) For the purposes of this Act, the concept presented and approved at the level of central government bodies (hereinafter referred to as the "Authorising Authority") shall be that of energy, transport, agriculture, waste management, mining and processing, recreation and tourism. Furthermore, a territorial planning document15) and an indicative water management plan shall be considered a concept. 16)
(2) The conceptual promoter (hereinafter referred to as "the promoter ') shall ensure that an assessment of the environmental effects of the concept is included in the design, as appropriate, in accordance with Annex 3, Part C, points III and IV.
(3) The promoter shall, in an appropriate manner and in agreement with the Ministry, ensure that the draft concept or its principles are published at least 60 days before it is discussed.
(4) The applicant shall send a draft concept, drawn up taking into account any comments to the public, to the competent authority which shall deliver an opinion on it within 30 days of its receipt, except where it is itself the petitioner.
(5) The authorising authority will not discuss the concept without the opinion of the competent authority.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
This law does not apply to general administrative rules.
This Act shall take effect on 1 July 1992.
Burešová v. r.
Pithart v. r.
Příloha č. 3
Annex No 3
DOCUMENTATION OF THE EVENING OF ENVIRONMENTAL AMOUNTS
Basic data 2)
- name
- character (new construction, modernization, reconstruction, repair)
- location (district, municipality, cadastral territory)
- reason for location in a given location (link to already implemented action, availability of raw materials, labour, other)
- Applicant
- designer
- user
- start date, completion
- a brief description of the technical and technological solution (main characteristics of the production process, capacity, exchange rate, number of employees)
- level of the proposed technical solution
- total costs
- a list of the territories of the municipalities likely to be affected
Data on direct environmental impacts 2)
I. DATA ON ENTERTAINMENT
1. land
- soil harvesting; (ha, bonita); total; of which temporary seizure; the permanent acquisition of the agricultural land fund; Forest Soil Fund
- protected area
- protection zones
2. water
- total water consumption (m3 / hour; m3 / year)
- of which operational purposes
- total water consumption (m3 / hour; m3 / year)
- water source (public water supply, surface source, other)
3. other raw materials and energy resources
- type, annual consumption, method of acquisition (own resource, import)
4. claims on transport and other infrastructure
II. OUTPUT DATA
1. air
(a) main point sources of air pollution
- the pollution-producing technological process
- the quantity of pollutants t / year emitted (in particular solid emissions, sulphur oxides, nitrogen oxides, CO, heavy metals, hydrocarbons, hydrocarbon halogen derivatives and other characteristic pollutants)
- method of emission capture (type of separation device, designed capacity, efficiency)
(b) main sources of air pollution (landfills of dusty raw materials, works, etc.)
- type of resource
- the corresponding technological process
- surface area
- resource (permanent, regular, random)
- quantity of pollutants emitted (t / year)
(c) main sources of liner pollution (transport, etc.)
- type of resource
- quantity of pollutants emitted t / year
2. waste water
- total amount of effluent m3 / year (of which directly to the recipient, to the sewage treatment plant)
- the technological process in which waste water is produced
- type, design capacity and efficiency of waste water in critical pollution indicators
- nature of the recipient (water flow, pollution class)
- the quantity of discharges t / year; mg / l; average maximum levels (in particular BSK5, CHSKCr, phosphorus, nitrogen and other characteristic chemical, biological and microbiological indicators of radioactivity, water temperature)
3. wastes (not included in exhalation and waste water)
- type of waste (municipal waste, hazardous waste, radioactive waste)
- the technological process in which waste is generated
- amount of waste t / year
- waste management
4. noise, vibration
5. radiation radioactive, electromagnetic
Comprehensive description and environmental impact assessment
I. Description of the proposed options of the solution (e.g. geographical or technological nature - localization, type of technology), description of the options of reference (e.g. non-activity variant, active zero variant, eco-optimal solution variant) including their comparison.
II. A brief description of the environment likely to be significantly affected
A. essential characteristics
1. air (climate factors, air quality)
2. water (groundwater, water streams, spring areas, abundance, flow rates, water consumption, water quality)
3. soil (type, bonita, soil contamination)
4. geo-factors of the environment (geological conditions, hydrogeology, terrain fragility, seismicity, erosion)
5. fauna and flora (species and places of occurrence, in particular endangered and protected species and places of occurrence)
6. territorial system of environmental stability and landscape
B. Other characteristics
1. landscape (use of landscape, housing, production and recreation)
2. the character of the city district, functional characteristic suburban zones
3. protected areas, nature reserves, national parks
4. areas of raw material resources and other natural resources
5. protection zones
6. architectural and historical monuments, archaeological sites
7. Other environmental characteristics
8. location of the building in relation to the zoning documentation (supporting documents)
III. Comprehensive description of expected environmental effects and estimation of their relevance (expected direct, indirect, secondary, cumulative, synergistic, short-term, temporary, long-term and permanent effects)
A. Effects on population
- health risks, social consequences, economic consequences
- population affected by the effects of construction, activity or technology
- distortion of factors affected by the effects of construction, activity or technology
- disturbance of well-being factors
B. Effects on ecosystems, their constituents and functions
1. effects on air and climate
- the quantity and concentration of emissions and their impact on the nearby and remote surroundings
- significant odour
- other influences on air and climate
2. effects on water
- influence on the nature of drainage of the area
- changes in hydrological characteristics (groundwater levels, flow rates, water resource rates)
- influence on water quality
3. effects on soil, territory and geological conditions
- influence on the extent and manner of land use
- soil pollution
- change of local topography, impact on soil stability and erosion
- influence on the rock environment and mineral resources
- changes in hydrogeological characteristics
- influence on protected parts of nature
- effects resulting from waste disposal
4. effects on flora and fauna
- damage and extinction of plant and animal species and their habitats
5. impacts on ecosystems
C. Effects on anthropogenic systems, their constituents and functions
- influence on buildings, architectural and archaeological monuments and other human creations
- influence on cultural values of intangible nature (local traditions etc.)
- damage and loss of geological and paleontological monuments
D. Effects on the structure and functional use of the territory
- impact on transport (local communication, road, rail, air, shipping)
- influence of related buildings and activities (construction of new communications, engineering networks, housing)
- development of downstream infrastructure
- influence on aesthetic qualities of the territory
- influence on recreational use of the landscape
E. Other influences
- biological effects
- effect of noise and radiation
- other environmental effects
F. Large-scale influences in the landscape
- the suitability of localisation of individual variants in terms of ecological loading capacity of the territory
- current and potential resulting state of ecological burden on the territory (cumulative effects of all spatial phenomena and factors)
IV. Description of measures proposed to prevent, eliminate, minimise or compensate for environmental effects
- territorial planning measures
- technical measures (pollution disposal, waste recycling, archaeological research, measures to protect cultural monuments)
- compensatory measures
- other measures
V. Description of safety risks
- possibility of accidents
- impacts on the environment
- preventive measures
- follow-up measures
VI. Outline of the monitoring and management programme and plans for post-project analysis
VII. Indication of specific methods of prognosis and initial tests used in the impact assessment and how to obtain data on existing and prospective environmental conditions at the site where construction, activity or technology is to be implemented.
VIII. Indication of deficiencies in knowledge and uncertainty encountered in the processing of documentation
IX. Summary of non-technical character, supplemented by graphic annexes, maps, etc.
X. Conclusion
1) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. Decree No. 85 / 1976 Coll., on a more detailed modification of the zoning and construction rules, as amended.
2) Article 17 (2) of Act No. 17 / 1992 Coll., on the Environment.
3) Article 17 (3) of Act No. 17 / 1992 Coll.
4) Article 20 (2) of Act No. 17 / 1992 Coll.
5) § 21 paragraphs 1 and 2 of Act No. 17 / 1992 Coll.
6) For example, Act ČNR No. 114 / 1992 Coll., on the conservation of nature and landscape, Decree of the Government of the Czech Republic No. 40 / 1978 Coll., on the protected areas of natural accumulation of the waters of Beskyda, Jeseníky, Jizera Mountains, Giant Mountains, Orlická Mountains, Šumava and Ždářské highlands, Decree of the Government of the Czech Republic No. 10 / 1979 Coll., on the protected areas of natural accumulation of the waters of Brda, Jablínkovsk Mountains, Novorno.
7) § 34 paragraph 1 of Act No. 50 / 1976 Coll.
8) Paragraph 59 (1) of Act No. 50 / 1976 Coll.
9) For example, Act No. 102 / 1971 Coll., on the Protection of State Secrets, as amended by Act No. 383 / 1990 Coll., Decree No. 419 / 1990 Coll., on the essential facts forming the subject of State Secrets, Decree No. 420 / 1990 Coll., amending Decree No. 148 / 1971 Coll., on the Protection of Economic and Professional Secrets.
10) Act No. 83 / 1990 Coll., on the association of citizens.
11) For example, Act No. 50 / 1976 Coll., Act No. 138 / 1973 Coll., on Water (Water Act), Act No. 135 / 1961 Coll., on Road (Road Law), as amended, Act No. 51 / 1965 Coll., on Railways, as amended, Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act), as amended.
12) Annex No. 3 to Act No. 17 / 1992 Coll.
13) Annex No. 4 to Act No. 17 / 1992 Coll.
14) Article 26 (1) of Act No. 17 / 1992 Coll.
15) § 13 of Act No. 50 / 1976 Coll.
16) § 3 of Act No. 138 / 1973 Coll. § 8 of Act No. 130 / 1974 Coll., on Public Water Administration, as amended.
17) Article 117 of Act No. 194 / 1988 Coll., on the jurisdiction of federal central government bodies, as amended.
18) Act No. 30 / 1968 Coll., on State Testing, as amended.
19) § 61 of Act No. 194 / 1988 Coll.
20) § 6 of Act No. 30 / 1968 Coll.
21) Decree of the Government of the Czech and Slovak Federal Republic No. 53 / 1992 Coll., on minimum wage.
22) § 2 (1) (g) of the ČNR Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic.
23) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
1) Paragraph 2 (2) of Act No. 238 / 1991 Coll., on Waste.
2) To be reported for each variant.
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Regulation Information
| Citation | Act of the Czech National Council No. 244 / 1992 Coll., on Environmental Impact Assessment of Development Concepts and Programmes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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