Government Decree No. 26 / 2005 Coll.

Government Regulation defining the Soutok-Hardonicko Bird Region

Valid Effective from 13.01.2005
Contents
26
GOVERNMENT REGULATION
of 15 December 2004
delimiting the Soutok-Hardonicko Bird Region
The Government orders pursuant to § 45e paragraphs 1 and 2 of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended by Act No. 218 / 2004 Coll.:
§ 1
Subject matter
(1) The bird region of Soutok-Hardonicko ("the bird region") is defined.
(2) The protection of the birds' areas are the stocks of white stork (Ciconia ciconia), white stork (Pernis apivorus), white stork (Milvus migrans), white stork (Milvus milvus), royal eagle (Aquila heliaca), blue whiting (Falco cherrug), iceberg (Alcedo atthis), red flounder (Picus canus), medius strakapoude (Dendrocopos medius), and white lees (Figula albicollis) and their biotopes.
(3) The purpose of the protection of the birds' area is to preserve and restore ecosystems relevant to birds' species as referred to in paragraph 2 on their natural grounds of enlargement and to ensure conditions for the conservation of the populations of those species in a favourable conservation situation.
§ 2
Definition of bird area
(1) The bird region is situated in the territory of the South Moravian Region, in the cadastral territories of Břeclav, Hodonin, Kostice, Lanžhot, Mikulčice, Moravian Nová Ves, Poštorná, Harbony and Týnek in Moravia.
(2) The territorial demarcation and description of the border of the bird area are contained in Annex 1 to this Regulation, the indicative graphical representation of the area is set out in Annex 2 to this Regulation.
(3) The map documents of the scale 1: 25 000, in which the territory of the birds' area is drawn, are stored in the central list of nature protection1) and in electronic form at the Ministry of the Environment, the Regional Office of the South Moravian Region, the Pálava County Centre and the municipal authorities of the enlarged municipalities whose administrative area is located.
§ 3
Activities to which the consent of the nature protection authority is required
(1) Only with the prior agreement of the competent authority of nature protection (2) may the territory of municipalities be located in the birds' area outside the concurrently built and stoppable (3)
(a) to carry out tolls and pre-tolls and mechanised work in the forestry activity at a distance of less than 200 m from known occupied hives of apiculture in the period from 1 May to 15 August, brown tunas in the period from 1 April to 31 July, red tunas in the period from 15 March to 30 June and horoha in the period from 1 February to 15 June and at a distance of less than 300 m from known occupied eagle nests in the period from 15 February to 31 July;
(b) to take care of forest crops less than 200 m from known occupied forest nests between 1 May and 30 May, brown seabream in the period from 1 April to 30 May, red seabream in the period from 15 March to 30 May and thorn in the period from 1 February to 30 May and less than 300 m from known occupied eagle nests in the period from 15 February to 30 May;
(c) to carry out tolls and pre-tolls in forest areas with a representation of oak of 50% or more, over 80 years of age, in forest areas with a representation of ash of 50% or more, over 60 years of age, in forest areas with the participation of maple beans, habra and lime, the sum of which is 50% or more, over 50 years of age, in forest areas with the participation of willow and topola, the sum of which is 50% or more, over 30 years of age, between 16 April and 31 July;
(d) regulate or make adjustments to watercourses or other water-management adjustments to the unregulated sections of the water-courses of Dyje and Kyjovka;
(e) to change the type of land and the means of usingit (4);
(f) carry out activities causing a change in the level of established surface and groundwater levels which could cause a change in the biotope of the species for which the bird area is established;
(g) to carry out tolls and pre-tolls which have not been located in an approved forest economic plan or in a adopted forest economic curriculum.
(2) Prior consent of the competent nature conservation authority is not required
(a) the activities referred to in paragraph 1 in the case of measures preventing or hindering the effects of harmful factors on the forest and in the case of measures in the event of exceptional circumstances and unforeseen damage in the forest under special legislation (5);
(b) for the activities referred to in paragraph 1 (g), where such extractions have been notified at least 15 days in advance to the competent authority of nature conservation and for extractions which are not subject to notification obligations under the special legislature6),
(c) the activities referred to in paragraph 1 (f), where this is a procedure in accordance with the waterworks rules (7);
(d) the activities referred to in paragraph 1 (e), where such activities are subject to a decision under a specific legislation (8) and have been given an opinion by the competent nature conservation authority;
(e) the activities referred to in paragraph 1 in the case of activities carried out under specific legislation9) in the territory of the designated conquest area and exclusive bearings.
(3) The location of known occupied nests and nests referred to in paragraph 1 (a) and (b) shall be communicated in writing to the owners of the forest land concerned by the competent nature conservation authority before or during the period of limitation of mining activities.
§ 4
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
v. Ing. Jahn v. r.
Deputy Prime Minister
Minister of Environment:
RNDr. Ambrozek v. r.

Příloha č. 1

Annex No. 1 to Government Decree No. 26 / 2005 Coll.
Territorial demarcation and description of the border of the Soutok-Hardonicko Bird Region
The southern point of the bird region is the confluence of the rivers Moravia and Dyje. From there, the border of the bird region leads to the national border of the Czech Republic with the Slovak Republic the centre of the river Moravia against its current (i.e. roughly northeast direction) to the entrance of the old trough of Moravia (Stará Morava or Salajka) under Hodonin (about 100 m below river km 99). From there it leads the border along the right (west) bank of Old Moravia upstream to the mouth of a dry passing flood canal. From there, the border turns sharply towards the south and leads along the right (west) bank of the canal leading to the south (after about 750 m this channel copies the western edge of the forest). Near cubicle 159.8, the border turns sharply to west to north-west and leads further along the right bank of this canal to its connection with the river Kyjovka. Here the border crosses the Kyjovka River and leads to the southwest along the right bank of Kyjovka (from the entrance of the canal under the village of Lusatia to the village of Kostice). In the location of the bridge across the Kyjovka River on reinforced communication *) (southeast of Kostika village) the border bends about 150 m to the north-west and follows this communication, forming at the same time the dam of Kostik pond. Following these 150 m, the border is further south-west on the road * *) along the north-west bank of the Kostik pond. From the southern tip of the pond (where the road meets Kyjovka) crosses the eastern southeast direction of the Kyjovka River towards the mouth of the canal (left-hand tributary of the Kyjovka River) and from there the border leads about 500 m south-easterly direction along the left (south) bank of this canal to the edge of the forest. From there, the border leads south along the outer (right, west) bank of the canal, forming at the same time the edge of the forest, up to the bridge on the so-called English alley (path). From there, the border continues towards the southwest along the English road, after about 350 m, where the road and the border of PO leads through the former (now mostly ruderalized or ploughed) meadows (the line "Behind the Ride"), the border comes again to the edge of the forest. From there, the border of the bird region continues through the forest along the English road another 450 m southwest, crossing the Lanžhot- Brodská railway line, then the border continues along the English road another 50 m southwest and then 180 m south, to the watercourse, the so-called Clear or Fourth Jar. From there, the border leads along the right (north) bank of the Clear Peak towards the west and southwest, passing under the D2 motorway, to the road * * *) II / 425 Kúty-Lanžhot. Following the western edge of this road, the border of the bird area leads about 500 m north-northwest to the city of Lanžhot up to the bridge over the river Kyjovka. Behind it, the border is again formed by the right bank of the river Kyovka - downstream (towards the southwest) to the edge of the forest (the High Line). Along the western edge of the forest, the border continues in the southwest direction about 400 m to the river Svodnice, along the northwest direction along the left (east) bank of the Svodnice stream. From the bridge U Šulák door leads along the field road to the north around the ponds, following them along their northern edge west towards the left bank of Svodnice and continues along that bank further upstream. At the point of branching the Svodnice into two tributaries (between the lines of the Back Hrud, the meadows near the forest and Podchodky) the border of the westerner (i.e. the right) branches along its left (east) bank upstream towards the north-west to the bridge on the railway line No. 250 Breclav-Lanžhot. From there, the border on the south side of this railway line leads to the southwest, along the bridge (so-called Bratislava Bridge) crosses the river Dyji and continues along the railway track, turning gradually towards the north-west, north and north-east to the point where the railway line 250 (Břeclav-Lanžhot) and the joint section of the line 258 Břeclav-Hohenau and 246 Břeclav-Znojmo meet before the next bridge across the river Dyji (the so-called Vienna Bridge). From there, the border continues on the eastern side of the railway line 258 Breclav-Hohenau - first in the southwest direction (it crosses the flow of the Dyje river lightening channel), later the railway line and the border of the bird's region turn aroundingly south and later the southeast until it reaches the state border of the Czech Republic and the Austrian Republic (border line X40). In addition, the border of the bird region leads along the national border between the Czech Republic and the Republic of Austria through the centre of the river Dyje downstream (i.e. in roughly south direction) to the confluence with the river Moravia, where the national borders of the Czech Republic, the Slovak Republic and the Republic of Austria are interconnected.
Explanatory notes:
*) If the text of the Annex indicates that the border is guided by road communication, it is expressed as it leads on the edge of the road auxiliary parcel, and that it is the border facing the bird's area.
* *) If the text of the Annex indicates that the border leads along the way, it is expressed that it leads along the edge of the road, namely the border heading into the bird's area.
* * *) If the text of the Annex indicates that the border leads on the road, it is expressed that it leads on the edge of the road auxiliary parcel, and that it leads on the edge of the bird's area.

Příloha č. 2

Annex No 2 to Government Decree No. 26 / 2005 Coll.
Indicative graphical representation of the bird region Soutok-Hardonicko

1) Article 42 of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 218 / 2004 Coll.
2) Sections 77a (3) (v) and 78 (2) of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll.
3) § 139a of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.
4) § 32 paragraph 1 of Act No. 50 / 1976 Coll. § 2 paragraph 3 and § 6 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll. and Act No. 120 / 2000 Coll.
5) § 32 paragraphs 1 and 2 of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
6) § 33 paragraph 3 of Act No. 289 / 1995 Coll.
7) Paragraph 59 (1) (a) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
8) § 39 et seq. of Act No. 50 / 1976 Coll.
9) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 226 / 2003 Coll. and Act No. 227 / 2003 Coll. Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll., Act No. 10 / 1993 Coll., Act No. 168 / 1993 Coll., Act No. 132 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 366 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 61 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 150 / 2003 Coll.

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Regulation Information

CitationGovernment Decree No. 26 / 2005 Coll., defining the South-Harbour Bird Region
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation13.01.2005
Effective from13.01.2005
Effective until-
Status Valid
The regulation text is for informational purposes only.
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