Act No. 312 / 2019 Coll.
Act amending Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Acts (Water Act), as amended
Valid
Law
Effective from 01.02.2020
312
THE LAW
of 31 October 2019
amending Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Acts (Water Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Water Law
Act No. 250 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 61 / 2014 Coll., Act No. 444 / 2005 Coll., Act No. 151 / 2008 Coll., Act No. 157 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 150 / 2010 Coll.
1. In Paragraph 15a, the following paragraphs 3 to 5 are inserted after paragraph 2:
"(3) In order to carry out a water work up to an area of 20 000 m2 with a dam height of up to 2,5 m, which serves for the sifting and accumulation of water and which is not subject to technical safety oversight or meets the criteria for classification in the Category IV technical safety oversight, notification to the water authority shall be sufficient. The provisions of the Construction Act on the Announcement of Buildings shall apply mutatis mutandis to the reporting of water works under the first sentence.
(4) The notification referred to in paragraph 3 shall include:
(a) the requirements laid down in the Construction Act (4) and the binding opinion of the zoning authority pursuant to § 96b of the Construction Act, the territorial decision or the territorial consent being not given; if not an intention to be implemented in a territory protected under Part Three or Four of the Nature and Landscape Conservation Act, a binding opinion of the Nature Protection Authority shall not be required,
(b) the project documentation processed by a person who has been authorised to carry out this activity under a special legislation (10d), which contains a accompanying report, a summary technical report, situation drawings, documentation of objects and technical and technological equipment, the documentary part, the design of the construction inspection plan, the proposal for the inclusion of the waterworks in the category of technical safety oversight and the scope and, where applicable, the conditions for carrying out the technical safety oversight (§ 61 (4), the data on the maximum level of air and accumulated water, the normal level of air and accumulated water, and the volume of air and accumulated water at normal level,
(c) an assessment for the classification of a waterworks in the category proposing technical safety oversight conditions (§ 61 (4));
(d) the opinion of the river basin administrator;
(e) the statement of the relevant water flow manager where the water part or the management of the water is affected;
(f) the opinion of the municipality in whose territorial area water conditions may be affected.
(5) Where the water part or the management of the water is affected by the water flow, the project documentation referred to in paragraph 4 (b) shall also include water flow data in the water flow and the design of the minimum residual flow including the location and method of measuring it (§ 36 (2)). ';
Paragraphs 3 and 4 shall be renumbered paragraphs 6 and 7.
2. In Article 15a (7), the words "paragraph 1 'shall be inserted after the words" the implementation of the notified water work' and the words "the second and third sentences' shall be deleted.
3. In Article 15a, paragraphs 8 and 9 are added:
"(8) If the Water Authority agrees to carry out the notified water work referred to in paragraph 3, the water treatment referred to in Article 8 (1) (a) (2) shall be permitted and, where appropriate, the treatment of surface water shall be deemed to be authorised for the purposes of the introduction of that water work and the reintroduction of surface water into the water stream or surface water. By agreement of the Water Authority with the declaration, the permit for the management of the water referred to in the first sentence shall be valid for the period of use of the water works.
(9) The consent to carry out the notified water work referred to in paragraph 1 or 3 shall also be delivered to the river basin administrator and, where the water flow or water management is affected by the water flow manager. This shall not affect the delivery of consent to the implementation of the notified construction project under the construction law. '
4. After Paragraph 15a, the following Section 15b is inserted:
Field adjustment notification
(1) However, in order to make landscaping arrangements for water retention in the landscape up to 1,5 m in depth of more than 300 m2 up to 20 000 m2 in an unbuilt area which does not have a common border with public infrastructure, notification to the water authority is sufficient. The provisions of the Construction Act on the Announcement of Buildings shall apply mutatis mutandis to the reporting of off-road modifications under the first sentence.
(2) The notification of the landscaping arrangements referred to in paragraph 1 shall contain the requirements laid down in the Construction Act (4) and the binding opinion of the zoning authority pursuant to § 96b of the Construction Act, and no territorial decision or agreement shall be given. If no landscaping is carried out in the territory protected under Part Three or Four of the Nature and Landscape Conservation Act, a binding opinion of the Nature Protection Authority shall not be required.
(3) The documentation referred to in paragraph 1 shall include:
(a) an accompanying report with basic data on landscaping;
(b) data on the expected effects of field treatment on the environment, a technical description of the procedure and method of work, data on filling materials, the location and storage of the extracted materials, the method of compaction and surface treatment;
(c) a situation drawing based on a copy of the cadastral map; and
(d) a situation drawing of a scale of usually 1: 500 with an indication of the proposed landscaping, the land on which their consequences are manifested, including the designated protection or safety zones or flood areas, and the necessary geometric parameters determining in the situation drawing the location and height location of the landscaping. "
5. In Article 36, the following paragraph 4 is added:
"(4) In the case of a waterworks referred to in Article 15a (3), if the conditions laid down in Article 15a (5) are met, the minimum residual flow rate shall be proposed in the project documentation. The design of the minimum residual flow rate specified in the project documentation shall be deemed to have been determined by the water authority's agreement to report the water work. ';
6. In Article 55 (3), the words "landscaping 'shall be inserted after the words" water treatment'.
7. In Paragraph 59, the following paragraph 4 is inserted after paragraph 3:
"(4) The owner of the water works declared in accordance with Paragraph 15a (3) shall process and submit the handling rules to the water authority for approval at the latest with the request for approval under the building law."
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
8. In Paragraph 61, the following paragraph 6 is inserted after paragraph 5:
"(6) In the case of a water work under Section 15a (3), subject to technical security supervision, it shall, with the agreement of the water authority, declare that water work is classified in the IV category of technical safety oversight in accordance with the opinion submitted for notification. The scope and, where appropriate, the conditions of technical security oversight shall be subject to the approval of the water authority with a declaration that it has been designated. ';
Paragraphs 6 to 10 shall become paragraphs 7 to 11.
9. In Paragraph 75 (3), "9 'is replaced by" 10'.
10. in Paragraph 126 (8), "Paragraph 61 (6)" is replaced by "Paragraph 61 (7)";
Transitional provisions
1. Administrative procedures which have not been definitively completed before the date of entry into force of this Act shall be completed by the Water Authority according to existing legislation.
2. Procedures which are not administrative proceedings initiated before the date of entry into force of this Act shall be completed by the Water Authority in accordance with existing legislation.
EFFECTIVE
This Law shall take effect on the first day of the third calendar month following its publication.
z. Filip v. r.
Zeman v. r.
Babiš v. r.
Contents
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Regulation Information
| Citation | Act No. 312 / 2019 Coll., amending Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.11.2019 |
|---|---|
| Effective from | 01.02.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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