Decree No. 271 / 2019 Coll.
Order laying down procedures for the protection of the agricultural land fund
Valid
Order
Effective from 15.11.2019
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271
DECLARATION
of 24 October 2019
laying down procedures for the protection of the agricultural land fund
According to Article 22 (1) (f) to (i) of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 41 / 2015 Coll., ("the Act '):
Subject matter
This decree provides
(a) how to assess the expected consequences of the proposed solution on the agricultural land fund (hereinafter referred to as "impact assessment") in the procurement and processing of land planning documentation and how to assess the land planning documentation, including the framework content of the opinion;
(b) the content and manner of evaluation of the consequences of proposals for the establishment of conquest areas;
(c) procedures to ensure the protection of the agricultural land fund in construction, mining and industrial activities, landscaping, geological and hydrogeological surveys;
(d) the manner in which land reclamation is carried out, the content of the plan of reclamation and the basis for the reclamation of nature conservation; and
(e) the requirements of the pedological survey.
Method of assessing the consequences of procurement and processing of land planning documentation
(1) Areas and corridors are the subject of an evaluation of the consequences of territorial development principles.
(2) The text part of the assessment of the consequences of the procurement and processing of territorial development principles includes:
(a) the designation and proposed use of the area or corridor covered by the planned land fund (hereinafter referred to as "the harvest");
(b) an estimate of the area taken from each area and corridor according to their proposed use, which is further broken down by conservation class; for the corridor, the area of capture determined in accordance with Article 9 (3), including breakdown by protection class,
(c) an estimate of the area taken into account for each area and corridor on which recovery will be carried out on agricultural land after the non-agricultural activity, including a summary of these areas according to the type of use proposed and a summary of their areas, irrespective of the type of use proposed;
(d) a summary of the areas determined by the estimated take-up according to the type of proposed use of the areas and corridors, which is further broken down by conservation class;
(e) a summary of the assessments established by the estimated take-up of the proposed areas and corridors, irrespective of the type of use proposed, which is further broken down by protection class;
(f) information on the existence of plains (1), drains (2) and buildings for the protection of land against erosion activities of water3) located in the territory of several municipalities or affecting the territory of several municipalities, within the scope of the territorial analysis basis (4); and
(g) the justification for the solution which is most favourable in terms of the protection of the agricultural land fund and other legally protected general interests under Article 5 (1) of the Act.
(3) The data referred to in paragraph 2 (a), (b), (d) and (f) are shown graphically in the evaluation of the effects on sustainable development of the territories (4).
(4) The data referred to in paragraph 2 (a) to (f) shall be presented in the form of the table set out in the Annex to this Regulation as Table 1.
(1) The impact assessment of the zoning plan shall cover corridors, stalling areas, conversion areas and landscape changes; the main use of the area is decisive for assessing the consequences of the acquisition and processing of the zoning plan and, if the main use of the area is not provided, the eligible use of the area is decisive.
(2) The text part of the assessment of the consequences of the procurement and processing of the zoning plan contains:
(a) the designation and proposed use of the area or corridor concerned by the capture;
(b) the area of capture according to the proposed use of each area and corridor, which is further broken down by conservation class; for the corridor, the area of capture determined in accordance with Article 9 (3), including breakdown by protection class,
(c) an estimate of the area of land to be recovered on agricultural land after the non-agricultural activity, including a summary of such areas by type of use proposed and a summary of such areas, irrespective of type of use proposed;
(d) a summary of the area taken according to the type of area and corridor proposed, which is further broken down by conservation class;
(e) a summary of the inventories of the proposed areas and corridors, regardless of the type of use proposed, which is further broken down by protection class;
(f) information on the existence of plaque1), draft2) and buildings to protect the land from erosion activity of water3), within the scope of territorial analysis (4);
(g) information on areas and corridors contained in the applicable planning documentation containing agricultural land of Class I or Class II protection, and if the draft zoning plan does not change the use of these corridors and areas,
(h) details of the affected network of special-purpose roads used for the management of agricultural, forestry land and the network of field routes by the proposed solution;
(i) a justification for the solution which is most favourable in terms of the protection of the agricultural land fund and other legally protected general interests under Section 5 (1) of the Act.
(3) The graphic part of the assessment of the consequences of the procurement and processing of the zoning plan contains:
(a) a sketch of the areas and corridors on which the survey is expected;
(b) the areas of the harvest for which there is only temporary withdrawal of agricultural land or temporary withdrawal predominates;
(c) the boundaries of the classes of protection, including bonified soil ecological units, within the scope of territorial analysis;
(d) the area of agricultural soils under cover (1) and the area of agricultural soils with waterproofed m2), to the extent of territorial analysis;
(e) buildings for the protection of the land against erosion activity of water3), within the scope of territorial analysis (4);
(f) special purpose communication for the management of agricultural, forestry and field roads;
(g) the border of the established territory;
(h) the boundaries of corridors and areas referred to in the information referred to in paragraph 2 (g); and
(i) the boundaries of the cadastral territories.
(4) The data referred to in paragraph 2 (a) to (g) shall be presented in the form of a table set out in the Annex to this Regulation as Table 2.
(1) Individual parcels are the subject of an assessment of the effects of the regulatory plan.
(2) The text part of the assessment of the effects on the procurement and processing of the regulatory plan contains:
(a) data from the land register or part thereof covered by the land register to which the land is located, namely the partyte number, the cadastral territory, the area, the type of land, the use of the land,
(b) land use proposed by the regulatory plan;
(c) the area of acquisition according to the proposed use of individual parcels, which is further broken down by conservation class;
(d) an estimate of the area of land to be recovered on agricultural land after the non-agricultural activity, including a summary of such areas by type of use proposed and a summary of such areas, irrespective of type of use proposed;
(e) a summary of the records by type of land use proposed, which is further broken down by conservation class;
(f) a summary of the survey of the proposed land, regardless of the type of use proposed, which is further broken down by conservation class;
(g) information on the existence of plaque1), drains 2) and buildings to protect the land from erosion activity of water3), within the scope of territorial analysis (4);
(h) details of the affected network of special-purpose roads used for the management of agricultural, forestry land and field roads by the proposed solution; and
(i) a justification for the solution which is most favourable in terms of the protection of the agricultural land fund and other legally protected general interests under Section 5 (1) of the Act.
(3) The information referred to in paragraph 2 (a) to (g) shall be presented in the form of a table set out in the Annex to this Regulation as Table 3.
(4) The graphical part of the assessment of the consequences of the procurement and processing of the regulatory plan includes:
(a) a sketch of the area of the collection on the image of the cadastral map indicating the proposed permanent and temporary withdrawal;
(b) the boundaries of the protection classes, including the soil-protected ecological units;
(c) the area of agricultural soils under cover (1) and the area of agricultural soils with water-based duods( m2), within the territorial analysis base (4);
(d) buildings for the protection of land against erosion activity of water3), within the scope of the territorial analysis basis4),
(e) special purpose communication for the management of agricultural, forestry and field land; and
(f) the border of the established territory.
Content of the justification of the proposed solution
The reasoning of the solution which is most advantageous in terms of the protection of the agricultural land fund and other legally protected general interests under Article 5 (1) of the Act contains:
(a) the justification for the proposed solution, including the assessment of compliance with the principles of area protection of the agricultural land fund set out in Section 4 of the Act (hereinafter referred to as the "principles of protection of the agricultural land fund"); where the proposal is submitted in a variant, the justification shall include a comparison of the variants; and
(b) a demonstration of a significantly prevailing public interest in the acquisition of agricultural land of Class I and Class II of protection against the public interest of the protection of the agricultural land fund pursuant to Section 4 (3) of the Act, in the absence of a case under Section 4 (5) of the Act.
Assessment of the draft territorial development principles
(1) In the proposal for a territorial development principle or a proposal for an update of the territorial development principles, the Land Protection Authority shall assess areas and corridors on the basis of an evaluation of the consequences of the acquisition and processing of the territorial development principles and the justification of the principles of territorial development as a whole in terms of compliance with the principles of the protection of the agricultural soil fund, based in particular on the data and requirements of Sections 2, 5 and 9.
(2) The authority for the protection of the agricultural land fund will assess the different options separately in the case of a design processed in variants.
(3) On the basis of the assessment by the Agricultural Soil Fund Protection Authority in its opinion pursuant to Article 5 (2) of the Act, the individual areas and corridors concerned by the harvest, or parts thereof, which it agrees to use in accordance with the proposal for territorial development principles, and areas and corridors, or parts thereof concerned by the harvest, which it does not agree to use in accordance with the proposal for territorial development principles for the protection of the agricultural land fund. Areas and corridors, or parts thereof, the proposed use of which the soil protection authority agrees, shall identify the designation, use and estimation of the record, broken down by conservation classes. Areas and corridors, or parts thereof, the proposed use of which the soil protection authority does not agree, shall identify the marking and the proposed use.
Assessment of the draft zoning plan
(1) The Land Protection Authority will assess the draft zoning plan on the basis of an assessment of the consequences of the procurement and processing of the zoning plan and the justification of the zoning plan proposal as a whole in terms of compliance with the principles of the protection of the agricultural zoning fund, based in particular on the data and requirements set out in Sections 3, 5 and 9.
(2) In addition, the protection authority of the agricultural land fund will examine the proposal for the definition of the built-up area and, in the case of a proposal processed in variants, the protection authority of the agricultural land fund will assess the different variants separately.
(3) On the basis of an assessment by the Agricultural Soil Fund Protection Authority in an opinion pursuant to Article 5 (2) of the Act, the individual areas and corridors concerned by the harvest, or parts thereof which it agrees to use in accordance with the draft zoning plan, and the areas and corridors or parts thereof affected by the harvest, which it does not agree to use in accordance with the draft zoning plan for the protection of the agricultural land fund. Areas and corridors, or parts thereof, the proposed use of which the soil protection authority agrees, shall identify the designation, use and estimation of the record, broken down by conservation classes. Areas and corridors, or parts thereof, the proposed use of which the soil protection authority does not agree, shall identify the marking and the proposed use.
(4) The application for the establishment of a built-up area shall be confirmed by the protection authority of the agricultural land fund or shall indicate the requirements for its adaptation.
Assessment of the draft regulatory plan
(1) The Agricultural Soil Fund Protection Authority shall assess the draft regulatory plan on the basis of an evaluation of the consequences of the procurement and processing of the regulatory plan and the justification of the draft regulatory plan as a whole in terms of compliance with the principles of the protection of the agricultural Soil Fund, based in particular on data and requirements for the evaluation of the consequences of the procurement and processing of the territorial planning documents referred to in Sections 4, 5 and 9.
(2) In the case of a design processed in variants, the protection authority of the agricultural land fund shall assess each variant separately.
(3) On the basis of the assessment of the Agricultural Soil Fund Protection Authority in its opinion pursuant to Article 5 (2) of the Act, the individual parcels concerned by the harvest, or parts thereof, with which it agrees to use in accordance with the draft regulatory plan, and the parcels or parts thereof affected by the harvest, which it does not agree to use in accordance with the draft regulatory plan for the protection of the agricultural Soil Fund. Land, or parts thereof, the proposed use of which the Land Protection Authority agrees, shall identify the designation, the proposed use and the estimated take, broken down by conservation class. Land, or parts thereof, the proposed use of which the Land Protection Authority does not agree, shall identify the designation and use proposed.
Common provisions on the content and scope of the assessment of the consequences of the procurement and processing of land planning documents and on the way in which the land planning documents are assessed
(1) Areas or land as defined in the territorial planning documents shall be evaluated for the entire area of land covered by the agricultural land fund to be affected by non-agricultural activities.
(2) In the case of mineral mining areas, the land planning documentation shall be indicated in the assessment of the consequences of the acquisition and processing of the land-based planning documentation.
(a) whether it is mining in or outside the quarrying area;
(b) the planned method of extraction;
(c) the type of mineral or raw material extracted; and
(d) whether reclamation on agricultural land will be possible after the mining activity has ceased.
(3) The assessment of the record area of the corridor shall be carried out by multiplying the length of the corridor with the estimated width of the structure, including the estimated average width of the embankments, incisions and ditches, including other components of the construction. For supranational or underground installations whose implementation requires the approval of the removal of agricultural land from the agricultural land fund, the sum of the estimated length of the underground line inlet shafts and the sum of the estimated length of the masts of overhead lines shall be taken as the length of the corridor.
(4) The estimated land use is not evaluated for areas and corridors of territorial reserves.
(5) Paragraphs 1 to 4 and the provisions of Sections 2 to 8 shall apply mutatis mutandis to the variant of the zoning documentation and to the updating or modification of the zoning documentation in the range of changed parts.
Content and manner of evaluation of the consequences of the processing and discussion of proposals for the determination of conquest spaces
(1) The evaluation of the consequences of the processing and discussion of proposals for the establishment of conquest areas shall be carried out by the applicant for approval of the proposal for the establishment of a conquest area for the whole area of land belonging to the agricultural land fund to which the conquest area is to be established, including its separate parts and the area of areas concerned by the relevant actions; for the purposes of this Decree, related actions shall mean outages, droughts, drains, treatment areas, operational facilities, deponics, handling lanes, construction site equipment and transport connections.
(2) The evaluation of the consequences of the processing and discussion of proposals for the establishment of conquest areas contains the text part, the graphic part and the reclamation study.
(3) The text part of the evaluation of the consequences of the processing and discussion of proposals for the establishment of conquest areas contains:
(a) the size of the parcels or parts thereof concerned and their total, broken down by temporary and permanent withdrawal;
(b) the size of the parcels or parts thereof, according to their classification in the protected soil units and conservation classes;
(c) data from the land register or parts thereof concerned by the acquisition, namely, the parquet number, the cadastral territory, the area, the type of land, the use of the land,
(d) data on hydrological and outflow ratios and special purpose road networks used for the management of agricultural and forestry parcels;
(e) information on the existence of plains (1), drains (2) and buildings to protect the land from erosion activity (3);
(f) data on the territorial system of environmental stability;
(g) data on storage conditions on the bearing and the way in which it is conquered, such as the power of the raw material, the existence of non-bilingual blocks, the level of groundwater, the standing of the mining base,
(h) the provisional balance of the cover;
(i) details of location of the hiding place and associated actions;
(j) the reasons why the solutions proposed in the proposal for the establishment of a mining area in the territory are the most favourable in terms of the protection of the agricultural land fund; and
(k) the justification why the proposed method of reclamation is most favourable in terms of the protection of the agricultural land fund.
(4) The graphical part of the assessment of the consequences of the processing and discussion of proposals for the establishment of conquest areas contains:
(a) a picture of the cadastral map indicating the plot number and the border marking
1. the proposed conquest area,
2. soil-protected ecological units and conservation classes,
3. blocks of mineral reserves according to the results of geological exploration;
4. the area of agricultural soils under cover (1) and the area of agricultural soils with water-treated m2); and
5. Built-in territory; and
(b) a map of the wider territory on a scale of at least 1: 10 000 with border marking
1. the proposed conquest area,
2. a protected bearing area; and
3. other conquest areas of the same raw material.
(5) The rehabilitation study contains:
(a) information on the method of extraction, in particular the production processes, the standing of the base and the height of the groundwater level;
(b) the preliminary balance of the cover and its location and the preliminary balance of the noise and its location;
(c) details of the method of reclamation and, where appropriate, the modification of the conquest area, in the absence of retrospective reclamation, in particular the type of land after reclamation or treatment;
(d) a drawing of the area concerned by the extraction and related actions with marked land borders on a scale of at least 1: 5 000, indicating the proposed methods of reclamation;
(e) longitudinal and transverse cuts of the conquest area characterising the territory after reclamation, marked:
1. the lowest cubits achieved by authorised surface mining activities;
2. groundwater level,
3rd terrain level after reclamation; and
4. the establishment of a reclamated area on the surrounding land; and
(f) information on the expected consequences of mining activity resulting from the degradation of the terrain due to mining in a deep-sea manner.
Procedures to ensure the protection of the agricultural land fund in construction, mining and industrial activities, landscaping and geological and hydrogeological surveys
(1) The assessment of the consequences of construction, mining and industrial activities, landscaping, geological and hydrogeological surveys, and of the construction, repair and maintenance of overhead and underground lines includes the text and graphic part; the base for the graphic section is images of the cadastral map.
(2) The assessment of the consequences of construction, mining and industrial activities, landscaping and geological and hydrogeological surveys, and of the construction, repair and maintenance of aerial and underground lines shall be carried out by the applicant for the approval of the removal of agricultural land from the agricultural land fund for the entire area of land belonging to the agricultural land fund, which is to be affected by the intention and related actions. The projects subject to authorisation under other legislation shall be based on the documentation necessary for the authorisation of the project.
(3) The assessment of the consequences of extractive activities shall be carried out by the applicant for the approval of the removal of agricultural land from the agricultural soil fund, depending on the purpose and method of extraction referred to in paragraphs 4 and 5.
(4) The evaluation of the effects of the extractive activity shall be carried out by the applicant for the approval of the removal of agricultural land from the agricultural land fund for the whole area of the land covered by the agricultural land fund to be affected by the extraction over a period of 10 years, without deciding whether it is a mining operation in the contiguous area or on bearings for which the contiguous area is not established.
(5) In the case of deep-sea mining, the applicant for the approval of the removal of agricultural land from the Agricultural Soil Fund shall process the evaluation of the effects of mining activities on the whole area of land belonging to the Agricultural Soil Fund, which is to be affected by the construction of mining buildings and related actions and the consequences of mining activities resulting from the degradation of the terrain due to mining carried out in a deep-sea manner or for other reasons related to mining activities.
(1) The text part of the evaluation of the consequences of construction, mining and industrial activities, landscaping, geological and hydrogeological surveys and the construction, repair and maintenance of overhead and underground lines contains:
(a) the way in which the project and related actions are carried out;
(b) justification for the need, function and importance of the project and related actions;
(c) an overall assessment of the expected effects of the project and related actions on the agricultural land fund and the justification why the proposed solution is the most advantageous in terms of the protection of the agricultural land fund;
(d) whether the proposed solution is based on valid planning documentation or on approved proposals for the establishment of conquest areas with consent to the proposal for the establishment of a conquest area pursuant to Article 6 of the Act;
(e) a description of the activities related to geological and hydrogeological surveys in the case of geological or hydrogeological surveys;
(f) an inventory of the parcels or parts thereof removed broken down by cadastral territory and by method of withdrawal from time to time (permanent or temporary); the inventory shall be presented in the form of tables shown as Tables 4 and 5 in the Annex to this Order; the inventory contains:
1. data from the land register or parts thereof covered by the land register, namely the parquet number, the cadastral territory, the area, the type of land, the use of the land,
2. total and withdrawn areas of land or parts thereof;
3. data on the classification of land in the soil and conservation classes,
4. Information on the existence of plains (1), drains (2) and buildings to protect the land from erosion activity of water3),
(g) the sum of the area of the harvested agricultural land broken down by cadastral territory and the type of withdrawal from time to time (permanent or temporary) broken down by soil-protected ecological units; the sum shall be presented in the form of the table set out in the Annex to this Decree as Table 6.
(2) In the case of deep-sea mining, the text part of the assessment of the effects of mining activities, other than those provided for in paragraph 1, shall also include the period of the expected consequences of mining activity resulting from the degradation of the terrain due to mining, the extent, the nature of these consequences and the measures to eliminate them.
The graphical part of the evaluation of the consequences of construction, mining and industrial activities, landscaping, geological and hydrogeological surveys, and the construction, repair and maintenance of overhead and underground lines contains a drawing
(a) the boundaries of the areas removed from agricultural land broken down into the parcels withdrawn according to the method of withdrawal in time (permanent or temporary);
(b) the areas of agricultural soils under cover (1) and the areas of agricultural soils with water-based m2);
(c) structures to protect the land from erosion activity of water3),
(d) the boundaries of the built-up area and the areas which may be stalled if the intention is to be implemented on that area;
(e) the boundaries of protected soil units and conservation classes;
(f) land types by land register;
(g) the boundaries of the individual stages of mining carried out on a surface basis, with the determination of the order of time and, where appropriate, the stages of the related actions, in the case of mining,
(h) the boundaries of the areas with the consequences of mining activity resulting from the drop in terrain, indicating the period of their expected formation, in the case of deep-sea mining operations; and
(i) the landscape elements on the image of the cadastral map.
(1) The provisional cover balance shall include:
(a) the parquet numbers and areas of the land, or parts thereof, including a drawing on the image of the cadastral map on which the cover will be made;
(b) the balance of the plot, divided into the balance of the upper cultural layers of the soil and the further-imposed fertilisation of capable soil; and
(c) a proposal for the economical use of the hiding place.
(2) The preliminary cover balance shall be carried out on the basis of the results of a pedological survey.
(3) If the plot is not to be used in the reclamation of the withdrawn parcels, the preliminary account of the plot shall include a proposal for its economic use mainly for agricultural purposes on other parcels.
(4) The design of economical use includes the introduction of the site of the deponification of the hiding place until it is used and the method of protecting the hiding place from weeds, erosion, removal, pollution and alienation.
(5) On the activities related to the plot, a protocol shall lead by consent to the removal of agricultural land from the agricultural land fund under Section 9 of the Act. The protocol shall record the volume of the plot, transfer, spread out or other use and storage of the plot, the protection and treatment of the plot in the division into the upper cultural layers of the soil, and the further-stored fertilisation capable of soil.
(6) In the case of the removal of agricultural land from the agricultural land fund which does not require the approval of the removal of agricultural land from the agricultural land fund pursuant to Article 9 (8) of the Act, the hiding and its protection shall be carried out in accordance with paragraphs 4 and 5 and with Article 8 of the Act.
Forms of pedological research
(1) The pedological survey contains:
(a) a sketch of the area removed on the image of the cadastral map indicating the boundaries of the soil-protected ecological units, the conservation classes and the location of the pedological probes;
(b) photodocumentation of all pedological probes carried out with the enclosed meter so that, in each individual case, the power of individual soil horizons is visible to the nearest cm;
(c) a description of the pedological probes, indicating the classification of the soil, the power of the humous horizons and the power of the lower horizons, including a description of their nature and a description of the density of the pedological probes;
(d) a sketch of the hiding areas in the removed area on the image of the cadastral map indicating the power of the hidden layer of the upper cultural layer of the soil, or, where appropriate, a deeper land-capable fertilisation; this is not supported if the hidden layer has the same power throughout the area,
(e) a verbal description of the conclusions of a pedological survey, containing information on the proposed power of the hiding of the upper cultural layers of the soil in the removed area, the power of the hiding of the deeper stored fertilisation of the capable soil in the removed area, or the justification why the hiding of the soil will not be carried out.
(2) The density of the pedological probes is determined taking into account the area of the parcel and, where appropriate, the heterogeneity of the soil cover indicated by the BPEJ code boundaries. In the case of a homogeneous area indicated by one map BPEJ, at least 1 probe / ha shall be carried out, with a heterogeneous soil cover composition given by the occurrence of more BPEJ, at least 3 probes / ha shall be carried out.
(3) The horizontal composition of the soil profile of the pedological probe is documented to a minimum depth of 0,8 metres if the soil profile allows it.
Method of carrying out soil reclamation, content of the recovery plan and material for changing the reclamation
(1) Authorised to consent to the removal of agricultural land from the agricultural land fund provided for in Article 9 of the Act shall carry out reclamation immediately after the non-agricultural use of agricultural land has been completed,
(a) remove temporary structures, installations and other material residues from non-agricultural activities on the land concerned;
(b) carry out the activities and measures of technical and biological reclamation continuously in the order and extent specified in the approved recovery plan; and
(c) maintain a protocol throughout the period of reclamation, recording the procedures used in the reclamation, the course and dates of the reclamation work.
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Regulation Information
| Citation | Decree No. 271 / 2019 Coll., laying down procedures for the protection of the agricultural land fund |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.10.2019 |
|---|---|
| Effective from | 15.11.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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