What is Full text of Act No. 273 / 2010 Coll.?

Full text of Act No. 273 / 2010 Coll., Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as resulting from subsequent amendments — Full text of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as resulting from subsequent amendments.

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Full text of Act No. 273 / 2010 Coll. - Full text of Act No. 254 / 2001 Coll., o...

273

PRESIDENT OF THE GOVERNMENT

Announces

The full text of Act No. 254 / 2001 Coll., on the Water and the amendment of certain laws (Water Act), as follows by Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 25 / 2008 Coll., Act No. 150 / 2010 Coll.

WATER LAW

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

WATER LAW (WATER LAW)

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Purpose and subject matter of the law

(1) The purpose of this Act is to protect surface and groundwater, to lay down conditions for the economical use of waterresources and to maintain and improve the quality of surface and groundwater, to create conditions for reducing the adverse effects of floods and droughts and to ensure the safety of waterworks 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.

§ 2

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.

§ 2a

(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.

§ 3

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.

§ 4

(1) Water reserved for minerals under the Special Testament (1a) and natural medical resources and natural mineral waters certified under the Special Testament (2) shall be covered by that Law only if expressly provided for.

(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).

HLAVA II

_

Díl 1

Basic obligations

§ 5

(1) Anyone handling surface or groundwater must ensure that they are protected and used economically and efficiently in accordance with the terms of this Act and ensure that their energy potential is not impaired and other public interests protected by specific legislation3).

(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) In the implementation of construction 4) or their changes or changes in their use, builders are required to ensure that they are supplied by the nature and purpose of the use of such structures by water and drainage, cleaning or other disposal of waste water from them in accordance with this Act, and to ensure that surface water is segregated or retained and removed due to the impact of atmospheric precipitation on such structures (hereinafter referred to as "collision water") in accordance with the building law (4). The construction office may not issue a building permit or a decision on an additional permit for the construction or a decision on the authorisation of modifications to the construction before completion of the construction or, where appropriate, the approval of the approval or the decision to change the use of the construction.

Díl 2

Treatment of surface water

§ 6

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.

§ 7

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 and special ships (6) intended 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 service ships so as not to pollute surface or groundwater.

(4) The pumping of waste water or defective substances from vessels and the supply of craft by propulsion or operating materials outside ports shall be prohibited if their volume is in individual cases more than 50 litres or if such activities are not secured by a 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-important waterway (7), this voyage is prohibited on water tanks and water flows, which are provided for by the Ministry of Transport and Communications in agreement with the Ministry of Environment in cooperation with the Ministry of Agriculture by decree. Surface waters 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 and Communications in an agreement with the Ministry of Environment in cooperation with the Ministry of Agriculture by decree.

(6) The prohibition of navigation provided for 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 waterworks or other structures on or on water courses, vessels of persons carrying out 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.

Díl 3

Authorisation, consent and observations

Oddíl 1

Authorisation

§ 8

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 its pollution and subsequent discharges into those waters or surface waters, where appropriate, in so far as it is not an activity carried out by virtue of an authorisation under the Mining Act, Explosives and State Mining Stationery 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).

(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.

§ 9

(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 expression 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).

(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 dangerous substances or dangerous 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 charging (Sections 88 and 101) 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 for the disposal of waters which can only be carried out by the use of a waterworks may only be issued at the same time as a permit for such a waterworks in joint proceedings, unless it is an existing or authorised waterworks. In the case of the issue of permits for the handling of water at the same time as the authorisation for the execution of the water works, the statements of such permits shall be mutually conditional; where both decisions are appealed, the appeal proceedings against the water permit shall be initiated first, the appeal procedure for which is the object of the building permit for the execution of the water work shall be suspended until the date on which the decision of the appellate administrative authority in the appeal proceedings against the water permit becomes final.

(6) 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 penalties have been imposed on a legitimate person for repeated infringements of the obligations laid down by or under this Law.

(7) 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.

(8) When authorising the treatment of waters for the purpose of fish or aquatic poultry farming or other aquatic animals [§ 8 (1) (a) (4) and (5)], the Water Authority shall, in its authorisation, lay down the conditions for the use of defective substances for the feeding of fish and the treatment of surface water on fish storage tanks. Where the conditions for the use of dangerous and particularly dangerous 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).

(9) 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.

§ 10

(1) Authorised to be authorised to handle water, with the exception of the authorisation provided for in § 8 (1) (a) (2) to (4) and (c), for a quantity of at least 6 000 m3 of water in a calendar year or 500 m3 of water in a calendar month, as well as those authorised to handle water in such quantities, which is a natural medical source or a source of natural mineral water or which is a reserved mineral, are required to measure the amount of water to which it is loaded and to transmit the results of such measurements to the water administrator in accordance with the procedure referred to in § 22 (2).

(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 quantities referred to in paragraph 1 for each type of water management, the measurement of the quantity of water accumulated or airborne as referred to in paragraph 2, shall be determined by decree after consultation with the Ministry of the Environment and the Ministry of Health.

(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.

§ 11

(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.

§ 12

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 to reduce pollution of surface water and groundwater by hazardous and particularly dangerous substances (Section 39 (3));

(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.

§ 13

Termination of the authorisation to handle waters

(1) The authorisation for the disposal of waters expires

(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).

§ 14

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.

§ 15

Construction permit for water works

(1) The authorisation of the Water Authority is required for the implementation, changes and uses of water works and for their abolition and disposal. A permit to carry out or alter a water work to be used for the treatment of waters authorised under § 8 may be issued only if the appropriate water treatment or water treatment is authorised at the same time as the authorisation to carry out or change a water work (§ 9 (5)). In the case referred to in Article 126 (5), the authorisation to carry out or alter a water work shall not be issued at the same time as the decision under the Integrated Prevention Act; the rights and obligations arising from the authorisation to carry out, modify or change the water works may be exercised at the earliest from the date on which the decision under the Integrated Prevention Act becomes final.

(2) The building permit and the declaration do not require construction modifications of the water ducts and sewerage, unless their route is changed.

(3) The Water Authority shall, in the building permit, lay down the obligations and, where appropriate, the conditions under which they are to be issued and the purpose for which the water works are to serve; the obligations laid down must comply with this law. The Water Authority may, in the building permit, require the presentation of the operating rules of the water works at the latest, together with the notification provided for in Section 120 of the Construction Act or with the request for approval.

(4) The Water Authority shall exercise the competence of the Special Construction Office under the Special Law (10).

(5) The Water Authority may call upon the applicant for a building permit to submit a design of the handling order or, where appropriate, the calculation of the flood wave of a specific flood, in the case of water works of surging or accumulating surface water and buildings benefiting from their energy potential.

(6) The protection of water and water-bound ecosystems shall be taken into account when authorising water works, their changes, their changes in use and their removal. Such water works shall not create barriers to the movement of fish and aquatic animals in either direction of the water flow. This does not apply in cases where:

(a) if they go for ponds or water tanks for fish farming, or if they are built to cover soya and ravine;

(b) require protection against floods or other public interest; or

(c) where the movement of fish and aquatic animals in both directions cannot be ensured due to technical imfeasibility or disproportionate costs.

(7) Where an authorisation issued pursuant to the provisions of Paragraph 8 (1) or the previous provisions on the treatment of water is withdrawn, the Water Authority shall decide on the conditions of continued duration and, where appropriate, the removal of the water works which enabled the treatment of water.

(8) The Water Authority may order the cessation of works on the construction or removal of the construction carried out or carried out in accordance with an exceptional procedure under the building law by order of the flood authority of the municipality, municipality with extended scope or region. The publication of this decision is the first step in the proceedings.

(9) Water works may not be authorised in the abbreviated procedure under Section 117 of the Construction Act; This does not apply in the case of structures of water lines, sewers and sewerage objects which do not require a permit to handle water.

(10) The Water Authority shall notify the decision on the abolition of the water works to the competent construction office.

§ 15a

Notification of water works and water treatment

(1) In order to carry out water works intended for the treatment of waste water into a capacity of 50 equivalent inhabitants, the essential part of which is the CE products referred to in the special legislature10c), notification to the Water Authority is sufficient. The provisions of the Construction Act on the Notification of Buildings shall apply mutatis mutandis in their reporting.

(2) The notification referred to in paragraph 1 shall include:

(a) the formalities provided for in the Construction Act (4);

(b) the category of CE-marked product;

(c) project documentation processed by a person who has been authorised to do so under special legislation (10d);

(d) the method of discharge of waste water;

(e) the statement of the relevant water flow manager in the case of discharges of waste water from the water works into surface waters;

(f) the opinion of the river basin administrator;

(g) the expression of a person with professional competence in the case of discharges of waste water from the water works through the soil layers into groundwater; and

(h) operating rules.

(3) Maintenance work which could adversely affect the environment or the stability of the water works is required by its owner to notify the water authority. The notification shall also be subject to the renewal of water works destroyed by natural disasters or accidents and water treatment. In the cases referred to in the first and second sentences, the time limit for communication by the water authority that it does not object to the renewal shall be 15 days; within that period, the construction office may prohibit the notified renewal or maintenance work or the water treatment plant.

(4) If the Water Authority agrees to carry out the notified water work, the water treatment referred to in Article 8 (1) (c) shall also be permitted; Article 9 (2) shall not apply in that case. The Water Authority shall communicate these facts without undue delay to the river basin administrator. In the event that the water flow is affected by the implementation of the notified water work, the Water Authority shall also inform the competent water flow manager.

§ 16

Authorisation for discharge of waste water containing a particularly dangerous substance into the sewerage

(1) For discharges of waste water which can reasonably be considered to contain one or more particularly dangerous defective substances (§ 39 (3)), the authorisation of the water authority is required for sewerage. When issuing authorisations, the Water Authority shall be bound by the emission standards and deadlines for their achievement set out in the Government Decree issued pursuant to Paragraph 38 (8).

(2) Where waste water containing particularly dangerous defective substances is discharged into the sewerage from one or more separate technologically defined production sites, the authorisation referred to in paragraph 1 shall be required separately for each of those plants. Where industrial waste water containing particularly hazardous pollutants is discharged into the sewerage, which is part of the production site, and is cleaned in an installation intended to clean or dispose of such waste water, the Water Authority may authorise until the point of discharge from that facility.

(3) When granting such authorisation, the Water Authority shall act accordingly in accordance with the provisions of § 38 (8) to (10).

(4) The Water Authority shall, in the authorisation referred to in paragraph 1, impose an obligation to establish a control point and a method of measuring the volume of discharges of waste water, their levels of pollution by particularly dangerous hazardous substances and the way in which the results of the measurements will be transmitted to it. It shall take account of the approved sewer system.

(5) Where installations with sufficient and demonstrable efficiency are installed for the removal of particularly hazardous pollutants from waste water discharged into the sewerage, the Water Authority may, in the authorisation, specify in place of the obligation under paragraph 4 the conditions of operation of such equipment.

Oddíl 2

Consent

§ 17

(1) The consent of the Water Authority is necessary for the construction, installation or activities for which no authorisation is required under this Act but which may affect the water conditions, namely:

(a) the construction and installation of the land on which the watercourse is situated or on land adjacent to such land, if such buildings and installations affect the water conditions;

(b) to set up long-distance pipelines and structures allowing underground storage of substances in the earth's sinuses, as well as warehouses, landfills and, where appropriate, tanks where the operation of such structures and landfills is likely to significantly jeopardise the quality of surface or groundwater;

Citation	Full text of Act No. 273 / 2010 Coll., Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	22.09.2010
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 273 / 2010 Coll.

Full text of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as resulting from subsequent amendments

Contents