Government Regulation No. 30 / 2014 Coll.

Government Regulation on the establishment of binding rules for financial contributions to forest management and selected hunting activities

Valid Effective from 01.03.2014
30
GOVERNMENT REGULATION
of 19 February 2014
laying down binding rules on the provision of financial contributions to forest management and selected hunting activities
The Government orders pursuant to § 46 (9) of Act No. 289 / 1995 Coll., on Forests and on the amendment and amendment of certain laws (Forest Act), as amended by Act No. 501 / 2012 Coll., and pursuant to § 62 (2) of Act No. 449 / 2001 Coll., on hunting, as amended by Act No. 501 / 2012 Coll.:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS
§ 1
This Regulation lays down binding rules on the granting of financial contributions to forest management under the Forest Act and on selected hunting activities under the Hunting Act, the method of controlling their use and the models of applications for financial contributions.
§ 2
(1) An application for a financial contribution to forest management and selected hunting activities is submitted
(a) the Ministry of Defence, in respect of forests on land which are objects of importance for the defence of the state31) (hereinafter referred to as "military forests") and where a financial contribution is requested under Part Two of this Regulation;
(b) the Ministry of the Environment, if the forests are situated in the territory of national parks and their protection zones and if the application for a financial contribution is made pursuant to Part Two of this Regulation or if the application for a financial contribution pursuant to Part Three of this Regulation and the subject of the financial contribution has been met on the parcels in national parks,
(c) the Regional Office, if it is for other forests and if a financial contribution is requested under Part Two of this Regulation;
(d) the Ministry of Agriculture, where the application for a financial contribution is made pursuant to Part Three of this Regulation and the subject of the financial contribution has been met on grounds intended for State defence;
(e) the Regional Office, where the application for a financial contribution is made pursuant to Part Three of this Regulation and the subject of the financial contribution is met on the other parcels.
(2) A financial contribution shall not be granted if the total amount of the financial contribution requested in the application is less than CZK 1,000.
(3) The amount of the financial contribution shall be determined at the rate per technical unit or on the basis of a cost accounting of up to 80%. The actual costs incurred shall not be demonstrated for the contribution granted at the rate. The amount of the financial contribution shall be rounded down to the whole crown.
(4) In view of the volume of State budget funds under the approved State Budget Act, the financial contribution may be granted at a relatively lower rate than that required. Following the decision to grant the financial contribution, the applicant's bank account is indicated by the Ministry of Defence, the Ministry of Environment or the Ministry of Agriculture.
(5) Where the applicant is an applicant for a financial contribution to forest management pursuant to Part Two of this Regulation, a member of the association (1) or a member of the association without legal personality authorised by the association agreement, he shall attach a copy of the founding document or contract to the application.
(6) Where the applicant is a lessee or a smuggler for a financial contribution to forest management pursuant to Part Two of this Regulation, the application shall be accompanied by a copy of the lease or smelting contract and the consent of the owner of the land to the tenant or smuggler of the financial contribution.
(7) The applicant for a financial contribution to forest management pursuant to Title I, II, III, VII or IX of Part Two, before the start of work on the subject of the financial contribution, shall submit to the Ministry of Defence, the Ministry of the Environment or the competent regional office a declaration of the applicant for the financial contribution to forest management (hereinafter referred to as the "declaration"). The notification shall be valid for the period from the date of submission, but not earlier than the beginning of the calendar year for which the notification is submitted until the end of the calendar year for which the notification is submitted. The notification shall be submitted in aggregate for all works carried out during the period of validity of the notification.
(8) The notification of the applicant for a financial contribution to forest management pursuant to Part Two, Titles I, II, III, VII or IX of this Regulation shall be made by means of a form the model of which is set out in Annex 11 to this Regulation. The information contained in the declaration shall also be provided by the applicant to the competent regional authority electronically published by the Ministry of Agriculture on its website.
(9) In the event of a change to one of the elements mentioned in the declaration or application relating to the applicant, his address for service or a bank connection, the applicant shall notify the Ministry of Defence, the Ministry of Environment, the Ministry of Agriculture or the competent regional authority without undue delay of the change and provide supporting evidence thereof.
(10) A financial contribution shall not be granted unless the conditions laid down in this Regulation are met.
(11) A financial contribution shall not be granted where the subject of the financial contribution has been financed or approved for funding from other public sources.
(12) Where the applicant is a legal person who records the beneficial owner in accordance with the law governing the registration of beneficial owners (39), the application shall be accompanied by a complete extract of the data on the beneficial owner of the legal person in force at the time of the application, which shall not be more than 3 months from the date of the application.

ČÁST DRUHÁ

FINANCIAL CONTRIBUTIONS TO FOREIGN MANAGEMENT

HLAVA I

FINANCIAL CONTRIBUTION TO ECONOMIC AND NATURAL SAFETY TECHNOLOGY IN THE FOREIGN MANAGEMENT
§ 3
(1) A financial contribution to environmental and nature-friendly forest management technologies may be granted to the forest owner or to a person subject to the rights and obligations of the forest owner under the forest law (hereinafter referred to as "forest owner") or to a person referred to in Article 2 (5), provided that they were one of those persons at the time of completion of the subject-matter, the legal successors of such a person or persons managing the estate of that person.
(2) The financial contribution to environmental and nature-friendly forest management technologies is granted, if it is military forests, forests in the territory of national parks and their protection zones and, if not an applicant, other forests.
(3) The subject of a financial contribution to environmental and nature-friendly forest management technologies is:
(a) the clearance or approach of wood with a lift in the forest;
(b) the clearance or approximation of wood by horses in the forest;
(c) the concentration of timber in the forest by balancing it, provided that the maximum technically permissible weight per axle of the exporting machine is not more than 6 000 kg;
(d) the destruction of the cleavage by chipping or crushing during the restoration of the forest with the dispersal of matter in the restored crop; or
(e) the clearance or approximation of timber by an iron horse in the forest area.
(4) The applicant shall submit to the Ministry of Defence, the Ministry of the Environment or the competent regional authority a request for a financial contribution to environmental and nature-friendly forest management technologies within 3 months immediately following the month in which the subject of the financial contribution was met.
(5) The request for a financial contribution to environmental and nature-friendly forest management technologies shall be made on a form the model of which is set out in Annexes 2 to 4 to this Regulation. The information contained in the application form shall also be provided by the applicant to the competent regional authority electronically published by the Ministry of Agriculture on its website. At the request of the provider or the competent regional authority, copies of the invoices, forest economic records or other production technical documents containing the type of technology used, the number of technical units used and the identification of the crop groups in which the technology was used shall be submitted as proof of compliance with the subject of the financial contribution. In the case of a financial contribution as referred to in paragraph 3 (c), copies of the technical certificate, certificate of conformity or other authentic instrument or technical documentation demonstrating the value of the maximum technically permissible mass for each of the axles of vehicles used for the balance of timber or, if applicable, of a vehicle registered in the road register, a copy of the vehicle registration certificate shall also be submitted at the request of the provider or the competent regional authority.
(6) A financial contribution to environmental and nature-friendly forest management technologies may be granted provided that the quality of the work carried out and its compliance with forest management legislation is confirmed by the forestry industry.
(7) The rates of the financial contribution to environmental and nature-friendly forest management technologies are set out in Part I of Annex 1 to this Regulation. In the case of a combination of several ecological and nature-friendly technologies within a single cleaning process, the rate which is more favourable for the applicant shall be used.
(8) The amount of the financial contribution to environmental and nature-friendly forest management technologies must not exceed EUR 300 / ha per year or EUR 1 500 / ha in total over a period of 5 years, given the area to which the applicant applies environmental and sustainable technologies. This amount shall be converted according to the exchange rate published in the first Official Journal of the European Union, issued in the calendar year in which the financial contribution is granted and indicated at the date closest to the beginning of that calendar year.
(9) The amount of the financial contribution to environmental and nature-friendly forest management technologies shall be determined as the sum of the product of the rate and quantity of technical units actually carried out.

HLAVA II

FINANCIAL CONTRIBUTION TO RESEARCH, INSURANCE AND SOURCE OF FOREIGN FLOWERS UP TO 40 YEARS OF AGE
§ 4
General conditions for granting the financial contribution
(1) A financial contribution may be granted to the owner of the forest or person referred to in Article 2 (5), provided that they were one of those persons at the time of completion of the subject-matter of the allowance, by the legal successors of such a person or persons managing the estate. This financial contribution shall be granted, not for forests in the territory of national parks and their protection zones.
(2) The financial contribution for the renewal, conservation and rearing of forest areas up to 40 years of age shall be:
(a) natural recovery;
(b) artificial renewal of nets;
(c) artificial restoration by planting first;
(d) the provision of forest areas within the legal period;
(e) conversion of crops with an inappropriate or replacement woody composition or reconstruction of crops after damage;
(f) rearing forest crops up to the age of 40;
(g) the establishment of new fences;
(h) follow-up of forest planting;
(i) the mechanical preparation of the land prior to forest renewal; or
(j) the keeping of pliers on piles or bales with its keeping to the ground.
(3) The applicant shall submit to the Ministry of Defence or to the competent regional authority, within 3 months immediately following the month in which the subject of the financial contribution has been met, a request for a financial contribution for the renewal, recovery and rearing of forest areas under 40 years of age.
(4) The application for a financial contribution for the renewal, conservation and rearing of forest areas under 40 years of age shall be submitted on a form the model of which appears in Annexes 2 and 3 to this Regulation. The information contained in the application form shall also be provided by the applicant to the competent regional authority electronically published by the Ministry of Agriculture on its website.
(5) The rates of the financial contribution for the renewal, rearing and rearing of forest areas under 40 years of age are set out in Part II of Annex 1 to this Regulation.
(6) The amount of the financial contribution to the renewal, reinsurance and rearing of forest areas up to 40 years of age is determined as the sum of the product of the rate and quantity of technical units actually carried out.
§ 5
Natural recovery
(1) The application for a financial contribution to natural recovery is accompanied, at the request of the provider or the competent regional authority, by a forest map with a graphical diagram of the renewal elements.
(2) A financial contribution for natural recovery may be granted if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm;
(b) the seed parameters laid down by other legislation9 have been achieved; and
(c) there is at least a minimum number of individuals per hectare fixed for wood by other legislation10).
(3) The financial contribution for natural recovery shall also be granted for forest parcels identified as without forests in the forest economic plan or in the forest economic curriculum.
§ 6
Artificial network renewal
(1) The application for a financial contribution for artificial renewal of nets is accompanied by the accompanying sheet of the seed materialused (11) or by the affidavit of the forest owner on the origin of the reproductive material12) in the case of the use of reproductive material from its own forests and, at the request of the provider or the competent regional authority, also by a forest map with a graphic drawing of the renewal elements.
(2) A financial contribution for artificial renewal of networks may be granted if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm;
(b) the seed parameters laid down by other legislation9 have been achieved;
(c) wood seed material is used which is suitable for the appropriate set of forest types according to another legislation (18);
(d) the rules for the transmission of forest reproductive material under other legislation (13) and Annex 12 to this Regulation are complied with; and
(e) there is at least a minimum number of individuals per hectare fixed for wood by other legislation10).
(3) The financial contribution for artificial renewal of nets shall also be granted for forest parcels identified as without forests in the forest economic plan or in the forest economic curriculum.
§ 7
Artificial seed recovery first
(1) An application for a financial contribution for artificial renewal by planting shall be accompanied by the accompanying document of the seed material14) or by an affidavit of the forest owner on the origin of the reproductive material12) in the case of the use of reproductive material from its own forests and, at the request of the provider or the competent regional authority, also by a forest map with a graphic drawing of the renewal elements.
(2) A financial contribution for artificial renewal by planting may be granted if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm;
(b) plantings capable of planting material of wood which is suitable for a given set of forest types under another legislation (18) have been used;
(c) the rules on the transfer of forest reproductive material under other legislation (13) and Annex 12 to this Regulation have been complied with;
(d) there is at least a minimum number of individuals per hectare fixed for wood by other legislation13); and
(e) the parameters of the planted planting material laid down by other legislation9 are respected.
(3) The financial contribution for the artificial renewal of the first planting shall be granted up to a maximum of 1.3 times the minimum number of individuals per hectare laid down for wood by other legislation10).
(4) The financial contribution for the artificial renewal of seed shall also be granted for:
(a) forest parcels identified as without forests in the forest economic plan or in the forest economic curriculum; or
(b) the subsoil of the specified crops.
§ 9
Securing forest areas within the legal period
(1) A forest map with a graphical drawing of the forest areas secured shall be attached to the application for a financial contribution for the provision of forest areas within the legal period upon request of the provider or the competent regional authority.
(2) A financial contribution for the provision of woods15) within the time limit laid down by the Forest Act 16) may be granted if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm; and
(b) in the case of forest land replanted with planting, artificial renewal by planting was carried out in 2018 or earlier.
(3) In the case of secured forest land, the area for the wood shall be reported at the time of its collateral.
§ 10
Transformation of crops with unsuitable or replacement woody composition or reconstruction of crops after damage
(1) A financial contribution for the conversion of crops with an inappropriate or replacement woody composition or the reconstruction of crops after damage may be granted if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm;
(b) the State Administration of Crop Forests has authorised an exemption from the prohibition on the implementation of tolling intentional logging in forest areas under 80 years of age; and
(c) the age of the crop, plus the number of years from the beginning of the validity of the forestry or forestry economic curriculum, until the work for which the financial contribution is requested has been carried out, shall not exceed 40 years of age as indicated in the forestry or forestry economic curriculum.
(2) The financial contribution for the conversion of crops with an unsuitable or replacement woody composition or the reconstruction of the crops after damage shall be granted to the area of forest area removed as part of its conversion or reconstruction.
(3) The financial contribution for the conversion of crops with an inappropriate or replacement woody composition or the reconstruction of the crops after damage shall not be granted for the work carried out in the framework of forest protection under Section 35b.
§ 11
Education of forest crops up to 40 years of age
(1) A financial contribution for the cultivation of forest crops under 40 years of age may be granted if the quality of the work carried out and its compliance with forest management legislation is confirmed by the forestry industry.
(2) The financial contribution for the rearing of forest crops under 40 years of age shall be granted for forest crops for which the age, after the addition of the number of years from the beginning of the period of validity of the economic plan or of the forestry economic curriculum, until the work for which the financial contribution is requested has been carried out, shall not exceed 40 years for the age referred to in the economic plan or the forestry economic curriculum.
(3) The financial contribution for the rearing of forests under 40 years of age shall be granted no more than twice over the period of validity of the forestry plan or the forestry economic curriculum.
§ 11a
Establishment of new fences
(1) The application for a financial contribution shall be accompanied, on request of the provider or the competent regional authority, by a forest map with a graphical outline of the fenced area covered by the application and by other fences within the growing group, highlighting those financed or approved for funding from other public sources.
(2) A financial contribution may be granted if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm;
(b) the minimum height of the fence is 160 cm,
(c) in the context of forest renewal, forest crops with at least 40% of the area of timber for a given set of forest types under another legislation (18) have been protected by melliorological and strengthening timber; and
(d) in the case of forest replanting protection, the fence shall be established no later than the first calendar year immediately following the calendar year in which the planting was carried out.
(3) The fulfilment of the subject of the financial contribution means the achievement of the recovery parameters in accordance with § 5 (2) (b) and (c), § 6 (2) (b) and (e) or § 7 (2) (d) following the establishment of a fence.
§ 11b
Follow-up of forest planting
(1) The application for a financial contribution is accompanied by a forest map with a graphical drawing of the planting of forest land at the request of the provider or the competent regional authority.
(2) A financial contribution may be granted if:
(a) in the relevant calendar year, the legal period for forest cultivation has not been exceeded;
(b) the wood listed in the application is suitable for the appropriate set of forest types under another legislation (18);
(c) replanting has been completed to the extent necessary during the calendar year in such a way that the number of viable individuals is at least the minimum number of individuals per hectare laid down for wood by other legislation13);
(d) the protection of planting, to the extent necessary, has been ensured, in the course of the calendar year in question, at least against roar and, in the case of non-fenced plantings, against the stock of animals;
(e) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm; and
(f) planting has been carried out by artificial replanting in 2019 or subsequent years.
(3) The completion of the subject of the financial contribution shall be understood as the completion of the follow-up care of the planting of the forest in the relevant calendar year, as a general rule, the implementation of the protection of non-fenced planting against the winter culling of animals or the control and, to the extent necessary, the repair of the fencing of the planting before the end of the calendar year.
(4) The financial contribution shall be granted annually from the year of planting of the forest crop until the time of securing the forest crop, but for a maximum period of 5 years immediately consecutive.
(5) In the case of mixed planting of forest crops, the application shall show a reduced area of suitable timber at the time of completion of the financial contribution.
§ 11c
Mechanical soil preparation before forest renewal
(1) A financial contribution may be granted if the quality of the work carried out and its compliance with forest management legislation is confirmed by the forestry industry.
(2) The fulfilment of the subject-matter of the contribution shall be understood to mean the removal or agitation of the sod or the wall.
(3) A financial contribution shall not be granted in the case of mechanical soil preparation by milling, provided that the contribution referred to in Article 3 (3) (d) is simultaneously required.
§ 11d
Saving pliers to piles or bales with its keeping to the ground
(1) A financial contribution may be granted if the quality of the work carried out and its compliance with forest management legislation is confirmed by the forestry industry.
(2) The volume of the cleavage corresponds to the volume of the culvert. At the request of the competent regional authority, the applicant shall provide evidence of the volume of the broken down by invoice, forest economic records or other production technical documents.

HLAVA III

FINANCIAL CONTRIBUTION TO THE AMOUNT OF MELIORATION AND RELATED WOOD
§ 12
General conditions for granting the financial contribution
(1) A financial contribution to increase the proportion of tree meliorations and strengthening trees may be granted to the forest owner or person referred to in Article 2 (5), provided that they were one of those persons at the time of completion of the subject-matter of the allowance, the legal successors of such a person or persons managing the estate of such a person. This financial contribution shall be granted in respect of forests in the territory of national parks and their protection zones.
(2) The financial contribution towards increasing the proportion of tree-growing and strengthening trees is intended to:
(a) the natural restoration of meliorative and strengthening timber;
(b) artificial renewal of meliorative and strengthening trees;
(c) artificial restoration of the meliorative and strengthening trees by planting first;
(d) the provision of forest areas of melliorative and strengthening trees within the legal period;
(e) conversion of crops with an inappropriate or replacement woody composition or reconstruction of crops after damage;
(f) rearing forest crops up to the age of 40;
(g) the establishment of new fences;
(h) individual protection of seedlings of melliorative and strengthening timber against game; or
(i) the placing of pliers on piles or fouls with its retention for fouling in the forest.
(3) The applicant shall submit to the Ministry of the Environment, within 3 months immediately following the month in which the subject of the financial contribution has been met, a request for a financial contribution to increase the proportion of meliorative and strengthening timber.
(4) The application for a financial contribution to increase the proportion of tree meliorations and strengthening trees shall be submitted on the form set out in Annex 4 to this Regulation.
(5) The rates of the financial contribution to increase the proportion of tree meliorations and strengthening trees are set out in Part III of Annex 1 to this Regulation.
(6) The amount of the financial contribution to the increase in the proportion of meliorative and strengthening timber shall be determined as the sum of the product of the rate and quantity of technical units actually carried out.
(7) A financial contribution to increase the proportion of melliorative and strengthening trees shall not be granted in the case of a low-grade blue larch or a tisolist Douglas.
§ 13
Natural restoration of meliorative and strengthening trees
(1) An application for a financial contribution to the natural restoration of meliorative and strengthening timber shall be accompanied, at the request of the provider, by a forest map with a graphical diagram of the renewal elements.
(2) A financial contribution to the natural recovery of tree-growing and strengthening trees may be granted if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm;
(b) the seed parameters laid down by other legislation9 have been achieved;
(c) there is at least a minimum percentage of the meliorative and strengthening timber provided for by other legislation18 on the rebuilding area; and
(d) there is at least a minimum number of individuals per hectare fixed for wood by other legislation10).
(3) The financial contribution for the natural recovery of meliorative and strengthening timber is granted only for meliorative and strengthening timber. Where the basic wood at the site is simultaneously meliorising and strengthening, it shall be considered as meliorating and strengthening for the purpose of providing this financial contribution.
(4) The financial contribution for the natural restoration of the meliorative and strengthening timber shall also be granted for forest parcels identified as without forests in the forest economic plan or in the forest economic curriculum.
§ 14
Artificial renewal of meliorative and reinforcing trees
(1) The application for a financial contribution to the artificial renewal of the meliorative and reinforcing trees is accompanied by a accompanying sheet of the seed material11 used) or an affidavit of the forest owner on the origin of the reproductive material12) in the case of the use of reproductive material from its own forest areas and, upon request by the provider, also a forest map with a graphical drawing of the renewal elements.
(2) A financial contribution may be granted for the artificial renewal of meliorative and strengthening trees of the mains if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm;
(b) the seed parameters laid down by other legislation9 have been achieved;
(c) wood seed material is used which is suitable for the appropriate set of forest types according to another legislation (18);
(d) the rules for the transmission of forest reproductive material under other legislation (13) and Annex 12 to this Regulation are complied with;
(e) there shall be at least a minimum percentage of the meliorative and strengthening timber provided for by other legislation18 on the renewed area; and
(f) there is at least a minimum number of individuals per hectare fixed for timber by other legislation10).
(3) The financial contribution for the artificial renewal of the meliorative and strengthening trees of the mains is granted only for meliorative and strengthening timber. Where the basic wood at the site is simultaneously meliorising and strengthening, it shall be considered as meliorating and strengthening for the purpose of providing this financial contribution.
(4) The financial contribution for the artificial renewal of meliorative and strengthening trees shall also be granted for forest land identified as without forests in the forest economic plan or in the forest economic curriculum.
§ 15
Artificial restoration of melliorative and strengthening trees by planting first
(1) An application for a financial contribution to the artificial renewal of the meliorative and strengthening timber by planting shall be accompanied by the accompanying sheet of the seed material14) or the affidavit of the forest owner on the origin of the reproductive material12) in the case of the use of reproductive material from its own forests and, at the request of the provider, also by a forest map with a graphic drawing of the renewal elements.
(2) A financial contribution for the artificial renewal of the meliorative and strengthening timber by planting may be granted if:
(a) the quality of the work carried out and its compliance with forest management legislation is confirmed by the forest farm;
(b) plantings capable of planting material of wood which is suitable for a given set of forest types under another legislation (18) have been used;
(c) the rules on the transfer of forest reproductive material under other legislation (13) and Annex 12 to this Regulation have been complied with;

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationGovernment Decree No. 30 / 2014 Coll., on the establishment of binding rules on the provision of financial contributions to forest management and selected hunting activities
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation28.02.2014
Effective from01.03.2014
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History