Act No. 305 / 2000 Coll.
Water Law
Valid
Law
Effective from 01.01.2001
Text versions:
01.01.2001
07.09.2000
305
THE LAW
of 4 August 2000
on the river basin
Parliament has decided on this law of the Czech Republic:
(1) On the date of entry into force of this Act, it shall cease to exist without liquidation
a) The Elbe basin, a joint stock company, based in Hradec Králové, ul. Víta Inedible 951,
b) Morava basin, public limited company, registered in Brno, Wooden 11,
c) Odra, public limited company, based in Ostrava 1, Varenská 49,
d) The water catchment area of the Ohře, a joint stock company, based in Chomutov, Bezručova 4219,
e) Vltava water catchment area, joint stock company, based in Prague 5, Holečkova 8.
(2) The effective date of this Act arises
a) The Elbe basin, a state-owned company, based in Hradec Králové, ul. Víta Nejedné 951,
(b) Moravia water catchment area, state-owned establishment, located in Brno, Wooden 11,
c) Odra water catchment area, state enterprise, based in Ostrava 1, Varenská 49,
d) The water catchment area of the Ohře, state enterprise, based in Chomutov, Bezručova 4219,
e) Vltava water catchment area, state enterprise, based in Prague 5, Holečkova 8,
(hereinafter referred to as "the water catchment area ').
(3) The status, legal situation, activity, merger, merger and division of the Flood shall be governed by the provisions of the State Enterprise Act as from the date of entry into force of this Act, (1) unless otherwise provided for in that Act.
(4) The office of founder of the Flood shall be performed by the Ministry of Agriculture on behalf of the State.
(5) The provisions of the Act on the Conditions for Transfer of State Property to Other Persons cannot be applied to the treatment of State Property under this Act. 2)
Transfer of title
Cases owned by individual public limited liability companies referred to in § 1 (1) (a) to (e) shall be transferred to the State at the date of entry into force of this Act. On the same day, the law of the economy (3) is established on these matters and on the State-owned items which these public limited companies use at the date of entry into force of this Act.
Transfer of other rights and obligations
(1) At the date of entry into force of this Act, all rights, with the exception of property rights, and all obligations, including employment relationships, shall be transferred from the individual public limited liability companies referred to in § 1 (1) (a) to (e) to the relevant Community bodies referred to in § 1 (2) (a).
(2) The value of rights and obligations registered at the date of entry into force of this Act in the accounts of the relevant public limited liability company, which shall be kept in accordance with the law, shall be taken as the value of the rights and obligations which are transferred under paragraph 1 for each of the Institutions. Similarly, this applies to the value of the items for which the right of management of the individual Flood arises under § 2.
(3) The designated property for each water catchment area is land and buildings, including water works, for which they have acquired the right to operate pursuant to § 2.
(4) The individual water catchment areas create and use a fund of cultural and social needs in accordance with a specific legislation, 4) to which the balance of the social fund is transferred.
(5) The initial minimum amount of the reserve and investment fund, development fund and remuneration shall be equal to the amount of those funds of the relevant public limited company at the date of entry into force of this Act.
Main activity of the Water
(1) The main object of the operation The water catchment area is the management of watercourses of major importance, (5) the watercourses forming the state border, as well as the operation and maintenance of state-owned water works.
(2) The water catchment area also carries out activities with the main object of the activity and activities entrusted to it by this law and by specific legislation. 6)
(3) The water catchment areas may use the assets for which they have acquired the right to operate only to the extent and under the conditions laid down by the founder.
Common, transitional and final provisions
(1) The directors of each of the joint-stock companies referred to in Paragraph 1 (1) shall become directors of the relevant bodies at the date of entry into force of this Act; This function shall be performed by each of them until the appointment of the new Director of the relevant Department.
(2) The appointment of new directors of the Water and the appointment and choice of their supervisory board shall be made no later than 2 months after the date of entry into force of this Act.
(3) On the date of entry into force of this Act, the term of office of members of the board of directors and members of the supervisory boards of public limited liability companies referred to in Paragraph 1 (1) shall end.
The shares of public limited liability companies shall be abolished on the date of entry into force of this Act.
(1) Trade authorisations granted to public limited liability companies referred to in Article 1 (1) on the date of entry into force of this Act shall be transferred to the relevant Institutions referred to in Article 1 (2), to which the rights and obligations of each public limited liability company shall be transferred pursuant to Article 3.
(2) The directors of the various Flood companies shall notify in writing the relevant business offices (7) within 30 days of the date of entry into force of this Act the continuation of the business of the company in question.
(1) The founder shall submit to the competent regional court, which shall keep the trade register, no later than 3 months after the date of entry into force of this Act, a proposal for the deletion of the acquired public limited liability companies referred to in § 1 (1) and a proposal for the entry into the commercial register of the various Institutions referred to in § 1 (2).
(2) The application for registration of each Department of Commerce contains:
(a) the name and address of the Flood,
(b) the main object of the activities of the Water Community,
(c) the size and terms of the business determined by the founder;
(d) the name, surname, birth number and permanent residence of the Director of the Water Department;
(e) the names, surnames, birth numbers and permanent residence of the members of the Board of Supervisors of the Water Council;
(f) the designation and address of the Ministry performing the function of founder;
(g) the name, surname and function of the person authorised to act on behalf of the Ministry acting as founder,
(h) the total book value of the designated assets (§ 3 (3))
(i) the amount of the Water Fund at the date of entry into force of this Act, which is its minimum amount.
(3) The application for registration of the Flood in the Commercial Register is attached
(a) an auditor's attestation of the total value of the designated assets;
(b) the auditor's confirmation of the amount of the reserve at the date of entry into force of this law;
(c) certified photocopies of trade authorisations.
(4) The entry in the Commercial Register on the basis of a proposal submitted by the founder pursuant to paragraphs 1 to 3 is of a declaratory nature.
(5) Where a change to any of the information referred to in paragraph 2 entered in the Commercial Register is made, the Founder shall without delay submit a proposal to the competent court which maintains the Commercial Register to record such change in the Commercial Register.
(1) The founder shall submit to the competent cadastral office, no later than 3 months after the date of entry into force of this Act, a proposal for the recording of the relevant changes resulting from this Act in the cadastral operators, including the indication of the right of management (2) to real estate for the relevant Flood. 8)
(2) The Catastral Office shall make changes in the property register by recording on the date of entry into force of this Act.
Efficacy
This Law shall take effect on 1 January 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Act No. 77 / 1997 Coll., on State Enterprise, as amended.
2) Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended.
3) Article 761 (1) of the Commercial Code.
4) Decree No. 310 / 1995 Coll., on the Fund of Cultural and Social Needs, as amended.
5) Decree No. 28 / 1975 Coll., determining the watercourses and their basins and establishing a list of water-relevant watercourses.
6) For example Act No. 138 / 1973 Coll., on Water (Water Act), as amended, Act No. 130 / 1974 Coll., on Public Water Administration, as amended.
7) Act No. 570 / 1991 Coll., on Trade Offices, as amended.
8) Paragraph 2 (4) (b) of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended. § 8 (2) of Decree No. 190 / 1996 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended by Act No. 210 / 1993 Coll. and Act No. 90 / 1996 Coll., and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll., as amended by Decree No. 113 / 2000 Coll.
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Regulation Information
| Citation | Act No. 305 / 2000 Coll., on water catchment areas |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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