Act No. 275 / 2002 Coll.
Act amending Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws, as amended
Valid
Law
Effective from 01.01.2003
Text versions:
01.01.2003
28.06.2002
275
THE LAW
of 29 May 2002
amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended by Act No. 477 / 2001 Coll. and Act No. 76 / 2002 Coll., is amended as follows:
1. In Article 17, the following paragraph 5 is inserted after paragraph 4, including footnote 25a:
"(5) The municipality may collect payment for the collection, collection, transport, sorting, recovery and disposal of municipal waste from natural persons under contract. The contract shall be concluded in writing and shall include the amount of the remuneration. If the municipality chooses this remuneration, it cannot provide for a municipal waste charge under § 17a or a local fee for the operation of the collection, collection, transport, sorting, recovery and disposal system under a special law. 25a)
25a) § 10b of Act No. 565 / 1990 Coll., on Local Charges, as amended. '
Paragraph 5 shall become paragraph 6.
2. After Paragraph 17, the following Section 17a is inserted:
Municipal waste charge
(1) The municipality may provide for a general binding decree (Paragraph 17 (2)) and collect a charge for municipal waste ("the levy") arising from its territory. The charge may not be set at the same time as the local charge for the operation of the collection, collection, transport, sorting, recovery and disposal of municipal waste under a special law. 25a)
(2) The payer shall be any natural person whose activity produces municipal waste. The fee shall be paid by the owner of the property where municipal waste is generated. If it is a building in which a community of unit owners has been established under a special law, that community is the payer. The payer shall charge the fee to the individual taxpayers.
(3) The administration of the levy is carried out by the municipality which introduced it in its territorial district.
(4) If the payer fails to pay the fee in due time or at the correct amount, the payer shall notify the municipality, which shall, on the basis of this, charge the fee with a payment scale.
(5) The maximum amount of the fee shall be determined on the basis of the estimated eligible costs of the municipality resulting from the municipal waste treatment scheme allocated to individual taxpayers, according to the number and volume of containers for disposal of individual real estate waste or the number of users of flats and taking into account the level of sorting of such waste. The fee may also reflect the costs of renting containers for disposal. The fee is the income of the municipality. '
3. In Paragraph 83, the following paragraph 13 is added:
"(13) The provisions of this Act shall also apply to legal relationships arising before the date of its entry into force, the purpose of which is to pay for the collection, collection, transport, sorting, recovery and disposal of municipal waste from natural persons; the creation of such legal relations and the claims arising therefrom shall be assessed in accordance with existing legislation. ';
Efficacy
This Act shall take effect on 1 January 2003.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 275 / 2002 Coll., amending Act No. 185 / 2001 Coll., on Waste and on the Amendment of Certain Other Laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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