Act No. 256 / 2016 Coll.
Act amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended
Valid
Law
Effective from 05.08.2016
Text versions:
05.08.2016
256
THE LAW
of 14 July 2016
amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and amending certain related laws (Act on Environmental Impact Assessment), as amended
Parliament has decided on this law of the Czech Republic:
In Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Laws (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll., Act No. 163 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 216 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 436 / 2009 Coll., Act No. 38 / 2012 Coll., Act No. 85 / 2012 Coll., Act No. 167 / 2012 Coll., Act No. 350 / 2012 Coll., Act No. 39 / 2015 Coll., and Act No. 268 / 2015 Coll., in Section 23, Act No. 23a, including footnote 14 reads:
(1) For the purposes of this Act, a priority transport plan shall mean an intention,
(a) which is located on the trans-European transport network (14);
(b) for which a territorial decision has been taken no later than 31 March 2015;
(c) for which a consensual opinion has been delivered on the assessment of the effects under Act No. 244 / 1992 Coll., on the assessment of the environmental effects ("Act No. 244 / 1992 Coll."); and
(d) laid down by a regulation by the Government.
(2) The competent authority shall always be the Ministry in the case of a priority transport project.
(3) The competent authority shall issue a binding opinion on the priority transport project on the effects of the priority transport project on the environment, which is the basis for the decision in subsequent proceedings. The binding opinion referred to in the first sentence shall include measures to prevent, exclude, reduce or compensate for adverse effects on the environment. The validity of the binding opinion under the first sentence shall be 5 years.
(4) When issuing a binding opinion on the effects of a priority transport project on the environment, the competent authority shall take into account effective environmental and public health legislation.
(5) A binding opinion on the effects of a priority transport project on the environment shall be issued at the request of the notifier, which shall include a basis containing a description of the current technical solution of the project and its impact on the environment and public health; the application may be submitted by 31 January 2017 at the latest. In the case of a priority transport project as defined by the Government by the Regulation, the notifier shall also state in the supporting document referred to in the first sentence the outline of the main variants studied and the key reasons for its choice in relation to the environmental impact. Paragraph 6 to 9 shall not apply when issuing a binding opinion on the effects of a priority transport project on the environment. Where a consensual binding opinion has been delivered on the effects of a priority transport project on the environment, the opinion referred to in Article 9a (1) shall not be required in subsequent proceedings.
(6) A binding opinion on the effects of a priority transport project on the environment and the documents for its publication will be published by the competent authority on the Internet.
(7) The procedure in which a decision is taken under specific legislation1a), which allows the placing or implementation of a priority transport project for which a binding opinion has been given on the effects of a priority transport project on the environment, is a follow-up procedure.
(8) In the follow-up procedure, the competent authority shall verify that there have been no changes to the priority transport plan that could have a significant negative impact on the environment. Article 9a (4) and (5) shall apply mutatis mutandis to the verification referred to in the first sentence; the amendments shall be assessed against the intention described in the supporting document referred to in paragraph 5. Where, on the basis of the verification referred to in the first sentence, a dissenting binding opinion has been delivered, the administrative authority leading the follow-up procedure shall reject the application.
(9) The administrative authority conducting the follow-up shall include in its decision measures to prevent, exclude, reduce or compensate for the adverse effects on the environment referred to in the binding opinions referred to in paragraphs 3 and 8.
(10) In response to the opinion on the assessment of effects issued under Act No. 244 / 1992 Coll. for a priority transport project pursuant to paragraph 1, Article II (1) of Act No. 39 / 2015 Coll., amending Act No. 100 / 2001 Coll., on the assessment of environmental effects and on the amendment of certain related laws (Act on Environmental Impact Assessment), as amended, shall not apply.
14) Regulation (EU) No 1315 / 2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661 / 2010 / EU. '.
Efficacy
This Act shall take effect on the day of its publication.
v. Pokorná- Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 256 / 2016 Coll., amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and on the Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.08.2016 |
|---|---|
| Effective from | 05.08.2016 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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