Act No. 254 / 2001 Coll.
Water Act and Amendment of Certain Laws (Water Act)
Valid
Law
Effective from 01.01.2002
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 2a
§ 3
§ 4
HLAVA II
Díl 1
§ 5
§ 5a
Díl 2
§ 6
§ 7
Díl 3
Oddíl 1
§ 8
§ 9
§ 9a
§ 10
§ 11
§ 12
§ 13
§ 14
§ 14a
§ 16
§ 16a
Oddíl 2
§ 17
§ 17a
Oddíl 3
§ 18
§ 18a
Díl 4
§ 19
§ 19a
§ 20
HLAVA III
§ 21
§ 22
HLAVA IV
§ 23
§ 23a
§ 23b
§ 24
§ 25
§ 26
HLAVA V
Díl 1
§ 27
§ 28
§ 28a
Díl 2
§ 29
Díl 3
§ 30
§ 30a
§ 31
§ 32
§ 33
§ 34
§ 35
Díl 4
§ 36
§ 37
Díl 5
§ 38
§ 38b
§ 39
§ 39a
§ 40
§ 41
§ 42
HLAVA VI
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
HLAVA VII
§ 54
HLAVA VIII
§ 55
§ 55a
§ 55b
§ 55c
§ 56
§ 57
§ 58
§ 59
§ 59a
§ 60
§ 61
§ 62
HLAVA IX
Díl 1
§ 63
§ 64
§ 64a
Díl 2
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
Díl 3
§ 77
§ 78
§ 79
§ 80
§ 81
Díl 4
§ 82
§ 83
§ 84
§ 85
Díl 5
§ 86
§ 87
HLAVA X
Díl 1
§ 87a
Díl 2
§ 87b
§ 87c
§ 87d
Díl 3
§ 87e
§ 87f
§ 87g
§ 87h
Díl 4
§ 87i
Díl 5
§ 87j
§ 87k
§ 87l
§ 87m
HLAVA XI
Díl 1
Oddíl 1
§ 88
§ 88a
§ 88b
§ 88c
§ 88d
§ 88e
§ 88f
§ 88g
§ 88h
Oddíl 2
§ 88i
§ 88j
§ 88k
§ 88l
Díl 2
Oddíl 1
§ 89
§ 89a
§ 89b
§ 89c
§ 89d
§ 89e
§ 89f
§ 89g
§ 89h
§ 89i
§ 89j
§ 89k
§ 89l
Oddíl 2
§ 89m
§ 89n
§ 89o
§ 89p
§ 89q
Díl 3
Oddíl 1
§ 90
§ 90a
§ 90b
§ 90c
§ 90d
§ 90e
§ 90f
§ 90g
Oddíl 2
§ 90h
§ 90i
HLAVA XII
§ 101
§ 102
HLAVA XIII
§ 103
§ 103a
HLAVA XIV
§ 104
§ 105
§ 106
§ 107
§ 107a
§ 108
§ 109
§ 110
§ 111
§ 112
§ 114
§ 115
§ 115a
§ 115b
HLAVA XV
Díl 1
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 122
§ 123
§ 124
§ 125
Díl 2
§ 125a
§ 125b
§ 125c
§ 125d
§ 125e
§ 125f
§ 125g
§ 125h
§ 125i
§ 125k
Díl 3
§ 125l
HLAVA XVI
§ 126
§ 126a
§ 126b
§ 127
ČÁST DRUHÁ
§ 128
㤠83a
§ 83b
§ 83c
§ 83d
㤠100a
ČÁST ČTVRTÁ
§ 130
ČÁST PÁTÁ
§ 131
ČÁST ŠESTÁ
§ 132
ČÁST SEDMÁ
§ 133
ČÁST DEVÁTÁ
§ 135
ČÁST DESÁTÁ
§ 136
ČÁST JEDENÁCTÁ
§ 137
Zobrazeno prvních 200 z celkem 2404 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
254
THE LAW
of 28 June 2001
on water and amending certain laws (Water Law)
Parliament has decided on this law of the Czech Republic:
WATER LAW (WATER LAW)
INTRODUCTORY PROVISIONS
Purpose and subject matter of the law
(1) The purpose of this Act is to protect surface and groundwater, such as vulnerable and irreplaceable elements of the environment and natural resources, to lay down conditions for the economical use of water resources, for the conservation of water resources and for the prevention of water scarcity and for the preservation and improvement of the quality of surface and groundwater, to create conditions for reducing the adverse effects of floods and droughts and to ensure the safety of water works in accordance with European Community law (1). The purpose of this Act is also to contribute to ensuring the supply of drinking water to the population and the protection of aquatic ecosystems and their directly dependent terrestrial ecosystems.
(2) The law regulates legal relations with surface and groundwater, the relationships of natural and legal persons with the use of surface and groundwater, as well as relations with land and buildings with which these waters are directly related, in order to ensure the sustainable use of these waters, the safety of water works and the protection against the effects of floods and droughts. In the context of the relations governed by this law, the principle of return on costs for water services, including costs for related environmental protection and costs for resources used, shall be taken into account in accordance with the principle that the polluter pays.
Definition of terms
(1) Surface waters are waters naturally occurring on the earth's surface; they do not lose this character if they flow through temporarily covered sections, natural sinuses beneath the earth's surface or in overhead lines.
(2) Groundwater is water naturally occurring under the earth's surface in the saturation zone in direct contact with rock; groundwater is also considered to be water flowing through underground drainage systems and well water.
(3) The water body is defined by a significant concentration of surface or groundwater in a particular environment characterised by a common form of their occurrence or by the common properties of the water and the characteristics of the hydrological regime. Water bodies are divided into surface water and groundwater bodies.
(4) The surface water unit is defined by the concentration of surface water in a particular environment, for example in the lake, in the water tank, in the water flow trough.
(5) The strongly affected body of water is a body of surface water which has a substantially altered character as a result of human activity.
(6) The artificial body of water is a surface water body created by human activity.
(7) The groundwater unit is the defined concentration of groundwater in the relevant collector or collectors; the collector means a rock layer or aggregate of rocks with sufficient permeability to allow significant continuous accumulation of groundwater or its flow or take.
(8) The water source is surface or groundwater that is used or can be used to meet human needs, particularly for drinking purposes.
(9) The treatment of surface or groundwater is due to their leaching by means of water works, the use of their energy potential, their use for navigation or for the swimming of wood, fish or aquatic poultry, their collection, discharge of waste water into them, and other ways by which their properties may be used or influenced by their quantity, flow, presence or quality.
(10) The water catchment area is the area from which all surface effluents flow through a network of watercourses and, where appropriate, lakes into the sea in a single outlet, mouth or delta of the water flow.
(11) The sub-catchment area is the area from which all surface effluents flow through a network of watercourses and, where appropriate, lakes to a certain point of water flow (usually a lake or river confluence).
(12) The hydrogeological area is a territory with similar hydrogeological conditions, type of drainage and groundwater circulation.
(13) The water line is a continuously interconnected network of watercourses and other waterlines, including parts of air parts and temporarily covered sections, interrupted only by places where natural leakage occurs.
(14) Other water lines are flowing surface or groundwater not complying with the definition of water flow according to § 43.
(15) The authorised person shall be the competent legal person responsible for the decision of the Ministry of Agriculture to carry out the technical safety oversight of water components, including the processing of the technical safety oversight programme and the processing of the scope of the measurement of technical safety oversight, within the scope of its mandate, and for the processing of assessments for the classification of water works in categories in terms of technical safety oversight.
(16) The delegation shall be the decision of the Ministry of Agriculture authorising the implementation of the technical safety oversight of water components, including the processing of the technical safety oversight programme and the processing of the scope of the measurement of the technical safety oversight, and the processing of assessments for the classification of water works in the categories in terms of technical safety oversight.
(1) Surface water status means the general state of the surface water body determined by an ecological or chemical state, whichever is worse.
(2) Groundwater status means the general state of the groundwater body determined by the quantitative or chemical state, whichever is worse.
(3) Ecological status means the expression of the quality of the structure and function of surface water-bound aquatic ecosystems.
(4) A good state of surface water is that of the body of surface water where its ecological and chemical status is at least good.
(5) A good groundwater state is that of the body of groundwater where its quantitative and chemical status is at least good.
(6) A good chemical status of surface water is the chemical status required to achieve the objectives of water protection as an environmental component (§ 23a) where concentrations of pollutants do not exceed environmental quality standards.
(7) A good groundwater chemical status is the chemical status required to achieve the objectives of water protection as an environmental component (§ 23a), where concentrations of pollutants do not exceed environmental quality standards.
(8) Environmental quality standard means the concentration of a pollutant or group of substances in water, sediments or living organisms which must not be exceeded for reasons of human health and the environment.
(9) Quantitative groundwater status means an expression of the degree of impact on the groundwater body by direct and indirect sampling.
Water rights and the legal nature of waters
(1) Surface water and groundwater are not owned and are not part or accessories of the land on or under which they occur; the rights to these waters are governed by this law.
(2) The surface and groundwater are not considered to have been taken from these waters.
(3) In doubt whether or not surface or groundwater is concerned, the Water Authority shall decide.
(1) Water reserved for minerals under the Special Act (1a) and natural medical and mineral water resources certified under the Special Act (2) shall be covered only if they expressly provide for this.
(2) For the purposes of this Act, mine waters shall be regarded as surface and, where appropriate, underground waters and shall be subject to this Law, unless otherwise provided for in the Special Law (1a).
_
Basic obligations
(1) Anyone handling surface water or groundwater is obliged to ensure that they are protected and that they are used economically and efficiently in accordance with the terms of this Act and to ensure that their energy potential is not impaired and other public interests protected by specific legislation.3)
(2) Anyone handling surface or groundwater for production purposes shall be obliged to make effective adjustments in the production of the products resulting in the economical use of water resources and taking into account the best available technologies in order to fulfil the obligations referred to in paragraph 1.
(3) When carrying out or changing or changing the use of structures, the builder shall be obliged to provide them with water supply and sewage drainage according to the nature and purpose of the use of such structures. If sewerage is not available on site, waste water is disposed of by direct cleaning with subsequent discharge into surface or groundwater waters. In the case of the technical imfeasibility of the first and second sentences, waste water may be stored in an impermeable pit (cesspool), followed by a balance of the accumulated water to equipment approved for their disposal. In addition, the builder is obliged to ensure that the effluent of surface water resulting from the impact of atmospheric precipitation on these structures (hereinafter referred to as "collision water") is reduced by accumulation and subsequent use, or by seeping on land, evaporation, or, if none of these means is possible or sufficient, by withholding and controlled draining or combining them. The construction, the change of construction before completion of the construction, the use of the construction or the decision on the additional permit of the construction or the change of use of the construction may not be authorised without these conditions.
The water authorities, as the authorities concerned, shall take into account the objectives of the protection of surface water and groundwater, their economic use and the creation of conditions for reducing adverse effects of floods and droughts in built-up areas, stationary areas and transformations. The water authorities shall provide the spatial planning authorities with data and supporting documents for the identification of areas suitable for limiting and withholding rainfall and the implementation of water elements.
Treatment of surface water
General treatment of surface waters
(1) Any person may, at his own risk without the authorisation or approval of the water authority, remove or otherwise dispose of surface water for his own use, unless special technical equipment is needed.
(2) The authorisation or approval of the water authority is also not required for the capture of surface water by simple facilities on individual land and construction sites or for the change of natural water outflow in order to protect them from harmful effects of these waters.
(3) In the general treatment of surface water, the quality or health of the water shall not be jeopardised, the natural environment disturbed, the outflow conditions aggravated, the banks, the water works and equipment, the aquaculture facilities and the rights and the legitimate interests of others infringed.
(4) The Water Authority may, without compensation, regulate, restrict or prohibit the general treatment of surface waters by decision or measures of a general nature where this is required by the public interest, in particular where it is involved in infringement of obligations under paragraph 3 or for reasons of the safety of persons. The competence of other administrations to determine the conditions for the use of these waters for bathing is not affected by this law.
Use of surface water for navigation
(1) The use of surface water for navigation and the collection of water necessary for the operation of vessels does not require the authorisation of the Water Authority.
(2) Vessel operators shall be obliged to equip them with the necessary waste water storage facilities and operate them properly if, when used or operated, waste water may arise and shall be obliged to prevent losses of waste water and defective substances from vessels to surface waters.
(3) Port operators, special service facilities (56) and special ships (6) for the transport of fuel and waste from vessels (hereinafter referred to as "service ships") are required to ensure the supply of fuel and operating materials and the disposal of waste water or defective substances from vessels in ports or by means of special service facilities or service ships so as to avoid pollution of surface or groundwater.
(4) The pumping of waste water or defective substances from vessels and the supply of vessels by propulsion or operating materials outside ports shall be prohibited if their volume is in individual cases more than 50 litres or if these activities are not provided by a special service facility or service ship.
(5) On surface waters in the protection zones of Class I aquatic resources and on tanks designated by the authorisation or decision of the Water Authority pursuant to § 8 (1) (a) (4) or under previous fish farming regulations, the voyage of vessels with combustion engines shall be prohibited. If it is not a transport major waterway, 7) this voyage is prohibited on water tanks and water flows, which are provided for by the Ministry of Transport in agreement with the Ministry of Environment in cooperation with the Ministry of Agriculture by decree. Surface water can only be used for navigation so as not to jeopardise the interests of recreation, water quality and water ecosystems, safety of persons and water works; the scope and conditions of the use of surface water for navigation are laid down by the Ministry of Transport in agreement with the Ministry of Environment in cooperation with the Ministry of Agriculture by decree.
(6) The prohibition of navigation referred to in paragraph 5 shall not apply to vessels of the State Navigation Administration, the Fire Department of the Czech Republic, the armed forces of the Czech Republic, the police of the Czech Republic, the municipal police, the Customs Administration of the Czech Republic and watercourses managers, where they are used for service purposes, vessels used for the construction, maintenance or operation of water works or other structures on or on water courses, vessels of persons carrying out their duties under this Act or vessels used for the necessary provision of health services or for the protection against floods. The prohibition of navigation referred to in paragraph 5 shall not apply to vessels of persons holding a valid permit for the management of waters referred to in Article 8 (1) (a) (4) or under previous rules, except for the protection zones of water resources I.
(7) Exemptions from the prohibition and restrictions referred to in paragraph 5 shall be decided on a case-by-case basis by the Water Authority after consultation with the State Navigation Administration.
(8) Control of compliance with the prohibition on the voyage of vessels with combustion engines on surface water referred to in paragraph 5, as well as control of the use of surface water for navigation, taking into account the extent and conditions of their use, shall be carried out by the Police of the Czech Republic and the State Navigation Administration.
Authorisation, consent and observations
Authorisation
Authorisation to handle surface or groundwater
(1) The authorisation for the handling of surface or groundwater (hereinafter referred to as "the authorisation for the handling of waters") is necessary.
(a) if it is surface water and not general handling
1. to be collected,
2. for their sigh or accumulation,
3. to exploit their energy potential;
4. for the use of such waters for the purpose of farming fish or aquatic poultry or other aquatic animals, where appropriate, for business purposes;
5. other handling;
(b) if it is groundwater
1. to be collected,
2. for accumulation,
3. drawing them down to reduce their levels;
4. for the artificial enrichment of groundwater sources with surface water;
5. other handling;
(c) to discharge waste water into surface or groundwater waters;
(d) to draw on surface or groundwater water and subsequently discharge it into those waters in order to obtain heat energy;
(e) to draw on contaminated groundwater for the purpose of reducing their pollution and their subsequent discharges, in so far as the activity is not carried out on the basis of a permit pursuant to the Mining Act, Explosives and State Mining Swords (7b);
(f) use of mining water as a substitute under a special law 1a).
(2) The authorisation to handle waters is granted to natural or legal persons for their application. A natural or legal person who has a valid authorisation for the handling of waters referred to in paragraph 1 or under previous provisions (hereinafter referred to as "the authorised person ') shall be entitled to dispose of waters to the extent and for the purpose indicated in the authorisation in force.
(3) No authorisation to dispose of waters is required
(a) pumping experiments in the conduct of hydrogeological surveys or in the examination of the potency of groundwater sources, provided that they are to last for less than 14 days and that the water consumption does not exceed 1 l / s at that time;
(b) the sampling of surface and groundwater for the detection and evaluation of the state of these waters (§ 21);
(c) for the single collection of surface or groundwater in case of emergency work, fires and other natural disasters;
d) to handle surface waters during the exercise and intervention of the Fire Department of the Czech Republic and fire protection units, Police of the Czech Republic, municipal police or armed forces of the Czech Republic; Such handling must be discussed in advance with the Water Authority during the exercise;
(e) the use of the energy potential of groundwater in the absence of the collection or pumping of groundwater;
(f) for the use of mining water by organisations for their own use or for the discharge of mining water by organisations (1a),
(g) to release waste water from relief chambers into surface water;
(h) for the discharge of waste water not containing dangerous defective substances, particularly dangerous defective substances or priority hazardous substances arising from the preparation of meals, personal hygiene or as a product of human metabolism in the operation of a camp which is a recovery action or other similar action for children under another legislation66), provided that:
1. the number of participants under the age of 15 shall not exceed 60;
2. the accommodation of the participants is provided exclusively in tents; and
3. measures are taken to avoid any threat to the quality of surface and groundwater.
(4) In doubts as to whether the treatment of surface or groundwater is concerned and what type of treatment of surface or groundwater is concerned, the Water Authority shall decide.
(1) The authorisation to dispose of waters is issued for a limited period of time. The authorisation for the handling of waters shall specify the purpose, scope, obligations and, where appropriate, the conditions under which such authorisation is issued. The statement of a person with professional competence shall be the basis for the issue of a permit for the handling of groundwater, unless the Water Authority decides otherwise in exceptional cases. 8)
(2) A waste water discharge permit may not be issued for a period of more than 10 years, in the case of waste water discharges with particularly hazardous or hazardous substances referred to in Annex 1 for a period of more than 4 years.
(3) Where the Water Authority authorises the collection of surface or groundwater subject to charge (Part 1 and Part XII of Title XI) for a period of more than 1 year, it shall at the same time determine the amount of annual collection authorised.
(4) The collection of groundwater for the production of packed infant or spring water may be permitted if the source of groundwater complies with the quality requirements of packed infant or spring water as laid down in the Decree governing quality and health requirements of packaged waters and the manner in which they are adapted (8a); where groundwater under this decree can be modified, the limits on its quality in the indicators in which it can be modified shall be deemed to be fulfilled.
(5) A permit to dispose of water for the use of their energy potential may not be issued for less than 30 years. The Water Authority shall, in accordance with the procedure laid down in Article 12 (2), extend the period of validity of the authorisation for the period laid down in the existing authorisation, unless an administrative penalty has been imposed by the right authority for repeated infringements of the obligations laid down by or under this Law.
(6) The permit for the treatment of water for its bloating or accumulation shall be issued for the period of use of the waterworks which allows such water management.
(7) When authorising the management of waters for the purpose of fish or poultry farming or other aquatic animals [§ 8 (1) (a) (4) and (5)], the Water Authority shall specify in the authorisation the conditions for the use of defective substances for the feeding of fish in cases other than those provided for in § 39 (13) and for the treatment of surface water on fish storage tanks. Where conditions for the use of dangerous defective and particularly dangerous defective substances are laid down in the authorisation, such authorisation shall not be granted for more than 4 years. An authorised person who treats defective substances within the scope of the conditions set out in the first sentence shall not be subject to the second sentence of Paragraph 39 (1).
(8) Authorisations for the treatment of water for the artificial enrichment of groundwater resources by surface water may be granted only if the use of a surface or groundwater source for this purpose does not result in a threat to the objectives set in accordance with § 23a for that water source or targets established under § 23a for an artificially enriched groundwater source.
(9) The authorisation for the treatment of waters which can only be carried out by the use of a waterworks is a condition of enforceability of the authorisation of the waterworks under a special law. The authorisation to dispose of waters shall cease to be valid if, within 3 years of the date on which it has acquired legal authority, the authorisation of the project under a special law is not granted.
(10) If the project is authorised under a building law which cannot be implemented without an exemption under Paragraph 23a (8), the Water Authority shall decide on the exemption. The issue of an exemption decision is a condition of enforceability of the project authorisation under the building law.
(1) The application for authorisation to dispose of waters contains, in addition to the general requirements laid down in the administrative rules
(a) a basic description of the treatment of water, its type, scope and purpose; and
(b) identification of the place where the waters are handled.
(2) The application shall include:
(a) documentation for the permit of the construction where it is intended to be used for the authorised treatment of water;
(b) the consent of the owner of the land or the construction of the waterworks concerned by the authorised treatment of waters, unless the applicant is their owner; the consent must be indicated on the situation drawing and must include the signature of the owner of the land or the construction of the waterworks and its identification details;
1. natural persons name, surname, date of birth, address of place of permanent residence, and, if not, address of residence,
2. the legal person's name, registered office and identification number, if assigned;
(c) an affidavit of title for the construction of a waterworks if the existing waterworks are to be used for the authorised treatment of water and this waterworks is not subject to registration in the property register;
(d) the opinion of the river basin administrator; This does not apply in the case of an application for a permit for the collection of groundwater for household use and for a permit for the discharge of waste water into surface or groundwater for household use,
(e) the statement of the relevant water flow manager, if authorised water management is to be affected by the water flow;
(f) water flow data in the water stream if the water flow is to be affected by the authorised water management;
(g) the design of the minimum residual flow rate, the location and the way in which it is measured if the permitted water management may result in a reduction in the flow rate;
(h) the expression of a person with professional competence when groundwater treatment is authorised; and
(i) an implementation project for remediation work in the case of water management under Section 8 (1) (e).
(1) To measure the quantity of water to be handled and to transmit the results of such measurements to the competent river basin administrator in accordance with the procedure laid down in Article 22 (2), the competent authority shall:
(a) authorised to be authorised to handle water pursuant to § 8 (1) (a) (1) or § 8 (1) (b) (1) in a total quantity of at least 1 000 m3 of water in a calendar year or 100 m3 of water in a calendar month;
(b) authorised to be authorised to handle water pursuant to § 8 (1) (a) (5), § 8 (1) (b) (2) to (5) or § 8 (1) (d), (e) or (f) in a total quantity of at least 6 000 m3 of water in a calendar year or 500 m3 of water in a calendar month;
(c) those who are authorised to dispose of water in a quantity of at least 6 000 m3 of water in a calendar year or 500 m3 of water in a calendar month which is a natural medical source or a source of natural mineral waters or which is a reserved mineral.
(2) The authorised person who is authorised to inhale, or to accumulate surface water, if appropriate, and exceeds the permitted volume of water in the water part of the water or water accumulated by water of 1 000 000 m3, is obliged to measure the amount of air or accumulated water and to transmit the information to the competent river basin administrator in accordance with the procedure laid down in Article 22 (2).
(3) The method and frequency of measuring the amount of water referred to in paragraph 1 for each type of water management, the measurement of the amount of water accumulated or airborne as referred to in paragraph 2, shall be determined by the Ministry of Agriculture, after consultation with the Ministry of the Environment and the Ministry of Health by decree.
(4) The Water Authority may provide for further details of these measurements in the water permit. In the event of an emergency, the Water Authority may, on a proposal from the competent authority, determine the method and extent of measurement outside the procedure for the authorisation for the handling of waters, for a limited period of time strictly necessary.
(1) The rights and obligations arising from the authorisation to dispose of waters which have been issued for a purpose relating to property to land or buildings shall be transferred to their acquirer if such land or buildings continue to serve the purpose specified in the permit. This also applies to their users during the period of use of these land or buildings to an extent which corresponds to the scope of the user's rights to them resulting from the relationship between the owner and the user. The procuring entities of such land or buildings, or their users as appropriate, shall notify the competent authority of the transfer or transfer of the land or construction with which the permit for the management of the water is linked, within 2 months of the date of their transfer or transfer or, where applicable, the creation of rights of use.
(2) The authorisation for the treatment of water does not confer rights on foreign land and construction, nor does the water authority, the water-flow administrator or the owner of the water-works have legal obligation to compensate the seafarer for the impossibility to dispose of water in the maximum authorised quantity and with certain characteristics.
(3) Unless otherwise provided for by the Water Authority, the authorised authority may allow the exercise of its authorisation for the handling of waters to others.
(4) Where the authorised treatment of water is strictly necessary in the public interest and the authorised person does not use its authorisation in whole or in part, the Water Authority may require it to allow the use of its water works or facilities for the authorised treatment of water by another, water authority designated by a natural or legal person, for a period of time strictly necessary or pending a decision on its expropriation or restriction of ownership, for appropriate compensation.
Amendment and revocation of the permit for the handling of waters
(1) The Water Authority may, by itself, amend or revoke the official authorisation for the handling of waters:
(a) where the authorised authorisation issued for the treatment of waters is not used or is used only for a minimum period of more than 2 years without serious reason; This does not apply in the case of authorisations under § 8 (1) (b) (1) for the collection of water from back-up sources for the supply of drinking water from the public tap,
(b) where an obligation to connect to sewerage has been imposed on a competent person who is authorised to discharge waste water into surface or groundwater waters, under special legislation 8b),
(c) when the minimum groundwater level has not yet been established or changed.
(2) The Water Authority may amend or revoke the authorisation for the handling of waters at the request of the authorised authority. Where an authorisation has been issued to another person, the applicant must demonstrate that it is authorised by that authorisation.
(3) The Water Authority shall amend or revoke the authorisation for the handling of waters, including in the proceedings referred to in paragraph 1 or 2, if necessary.
(a) to achieve the objectives of the protection of waters adopted in the river basin management plan (Sections 24 and 26);
(b) to meet the reduction programmes for surface water pollution (Sections 34 (2) and 35 (1));
(c) to comply with a programme for the reduction of pollution of surface water and groundwater by hazardous and particularly dangerous substances (Section 39 (4));
(d) for the supply of drinking water under the water and sewage development plan 8c).
(4) Where a competent authority requests a change in the validity of a permit for the handling of waters, the authorisation shall not cease until the final decision on the application has been taken; the application must be submitted before the expiry of the authorisation for the handling of waters.
(5) Paragraph 9 to 11 shall apply mutatis mutandis to the modification and revocation of authorisations for the handling of waters.
Termination of the authorisation to handle waters
The authorisation for the handling of waters shall cease to exist.
(a) the expiry of the period for which it was granted;
(b) by the demise of a water work (§ 55) allowing the authorised treatment of water, unless the Water Authority provides for a period of time and conditions for putting the construction into its original state within 1 year after the demise of the work, in which case the authorisation shall cease to be in vain at the end of that period;
(c) the loss of a legal person or the death of a natural person to whom an authorisation has been granted, unless an authorisation has been transferred to another acquirer pursuant to Article 11 (1).
Authorisation for certain activities
(1) Authorisation for certain activities
(a) the planting of trees or bushes in flood areas to the extent affecting the effluent conditions;
(b) the extraction of sand, gravel, mud with the exception of mud for medicinal purposes, boulders, etc. (hereinafter referred to as "river material") from land on which the watercourse is situated;
(c) geological work related to the intervention of land in flood areas (§ 66) and water conservation zones;
(d) to fill the weaned arms of watercourses;
(e) return to the original trough (§ 45),
(f) to store extractive waste in surface water 10b).
(2) Authorisations for the activities referred to in paragraph 1 (a) or (b) shall not be required if they are carried out by the water flow manager (§ 48) in connection with its administration or by the owner of the water work in connection with the maintenance of the water tank. Furthermore, it is not necessary, in accordance with paragraph 1 (a), if the owner of the forest is carried out for reasons of restocking and in the activities imposed by Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended.
(3) Where this results from the nature of the case, the Water Authority may specify in the authorisation the conditions and the period for which the authorisation is granted.
(1) The application for authorisation for certain activities referred to in Article 14 (1) shall contain, in addition to the general requirements laid down in the administrative rules:
(a) a basic description of the activity, its scope and its purpose; and
(b) identification details of the place where the activity is to take place.
(2) The application shall include:
(a) a document proving the applicant's right to the immovable property, which is to be affected by the authorised activity, where the water authority cannot verify the existence of such right in the property register;
(b) documentation of the activity authorised, including a description of its anticipated effects on the environment;
(c) the opinion of the river basin administrator; and
(d) the statement of the relevant water flow manager, if the authorised activity is to be affected by the water flow.
Authorisation for discharges of waste water containing a particularly dangerous substance or a priority hazardous substance into the sewerage
(1) Discharges of waste water which may reasonably be considered to contain one or more particularly dangerous defective substances or priority hazardous substances shall require the authorisation of the water authority for sewerage.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 2a
§ 3
§ 4
HLAVA II
Díl 1
§ 5
§ 5a
Díl 2
§ 6
§ 7
Díl 3
Oddíl 1
§ 8
§ 9
§ 9a
§ 10
§ 11
§ 12
§ 13
§ 14
§ 14a
§ 16
§ 16a
Oddíl 2
§ 17
§ 17a
Oddíl 3
§ 18
§ 18a
Díl 4
§ 19
§ 19a
§ 20
HLAVA III
§ 21
§ 22
HLAVA IV
§ 23
§ 23a
§ 23b
§ 24
§ 25
§ 26
HLAVA V
Díl 1
§ 27
§ 28
§ 28a
Díl 2
§ 29
Díl 3
§ 30
§ 30a
§ 31
§ 32
§ 33
§ 34
§ 35
Díl 4
§ 36
§ 37
Díl 5
§ 38
§ 38b
§ 39
§ 39a
§ 40
§ 41
§ 42
HLAVA VI
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
HLAVA VII
§ 54
HLAVA VIII
§ 55
§ 55a
§ 55b
§ 55c
§ 56
§ 57
§ 58
§ 59
§ 59a
§ 60
§ 61
§ 62
HLAVA IX
Díl 1
§ 63
§ 64
§ 64a
Díl 2
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
Díl 3
§ 77
§ 78
§ 79
§ 80
§ 81
Díl 4
§ 82
§ 83
§ 84
§ 85
Díl 5
§ 86
§ 87
HLAVA X
Díl 1
§ 87a
Díl 2
§ 87b
§ 87c
§ 87d
Díl 3
§ 87e
§ 87f
§ 87g
§ 87h
Díl 4
§ 87i
Díl 5
§ 87j
§ 87k
§ 87l
§ 87m
HLAVA XI
Díl 1
Oddíl 1
§ 88
§ 88a
§ 88b
§ 88c
§ 88d
§ 88e
§ 88f
§ 88g
§ 88h
Oddíl 2
§ 88i
§ 88j
§ 88k
§ 88l
Díl 2
Oddíl 1
§ 89
§ 89a
§ 89b
§ 89c
§ 89d
§ 89e
§ 89f
§ 89g
§ 89h
§ 89i
§ 89j
§ 89k
§ 89l
Oddíl 2
§ 89m
§ 89n
§ 89o
§ 89p
§ 89q
Díl 3
Oddíl 1
§ 90
§ 90a
§ 90b
§ 90c
§ 90d
§ 90e
§ 90f
§ 90g
Oddíl 2
§ 90h
§ 90i
HLAVA XII
§ 101
§ 102
HLAVA XIII
§ 103
§ 103a
HLAVA XIV
§ 104
§ 105
§ 106
§ 107
§ 107a
§ 108
§ 109
§ 110
§ 111
§ 112
§ 114
§ 115
§ 115a
§ 115b
HLAVA XV
Díl 1
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 122
§ 123
§ 124
§ 125
Díl 2
§ 125a
§ 125b
§ 125c
§ 125d
§ 125e
§ 125f
§ 125g
§ 125h
§ 125i
§ 125k
Díl 3
§ 125l
HLAVA XVI
§ 126
§ 126a
§ 126b
§ 127
ČÁST DRUHÁ
§ 128
㤠83a
§ 83b
§ 83c
§ 83d
㤠100a
ČÁST ČTVRTÁ
§ 130
ČÁST PÁTÁ
§ 131
ČÁST ŠESTÁ
§ 132
ČÁST SEDMÁ
§ 133
ČÁST DEVÁTÁ
§ 135
ČÁST DESÁTÁ
§ 136
ČÁST JEDENÁCTÁ
§ 137
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Regulation Information
| Citation | Act No. 254 / 2001 Coll., on waters and on the amendment of certain laws (Water Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.07.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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