Act No 314 / 2019 Coll.
Act amending Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended, and other related laws
Valid
Law
Effective from 29.11.2019
314
THE LAW
of 31 October 2019
amending Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Forest Act
Act No. 289 / 1995 Coll., on Forests and on the Amendment and Addition of Certain Laws (Forest Act), as amended by Act No. 238 / 1999 Coll., Act No. 67 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 250 / 2002 Coll., Act No. 140 / 2003 Coll., Act No. 149 / 2003 Coll., Act No. 1 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 64 / 2014 Coll., Act No. 222 / 2006 Coll., Act No. 501 / 2012 Coll.
1. Paragraph 4 (2), including footnotes 2 and 37, reads as follows:
"(2) State forests cannot be disposed of unless otherwise provided for in this law. The prohibition on the disposal of State forests shall not apply to the exchange, sale of the joint ownership of the State, sale of isolated forest land, disposal in the public interest protected by this law or other legislation, issue of a case under the law governing the restitution of property (2) or transfer pursuant to paragraphs 3, 6 and 9. The legal proceedings involving State forests require the prior approval of the Ministry of Agriculture (hereinafter referred to as the Ministry) for its validity. The provisions of other legislation37) are without prejudice to this.
2) For example, Act No. 428 / 2012 Coll., on property settlement with churches and religious societies, as amended by the Constitutional Court, published under No. 177 / 2013 Coll.
37) For example, Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, Act No. 77 / 1997 Coll., on State Enterprise, as amended. '
2. In Paragraph 4 (3), "State-owned forests' is replaced by" State-owned forests'.
3. in Article 17 (2) (a):
"(a) the construction of buildings and facilities serving forest management,"
4. In Paragraph 17, the following paragraph 3 is inserted after paragraph 2:
"(3) The fee shall not be imposed if the amount of the fee is:
a) for permanent withdrawal does not exceed CZK 100,
(b) for temporary withdrawal it shall not exceed CZK 50 in the calendar year. "
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
5. In Article 19, the following paragraph 2 is inserted after paragraph 1:
"(2) When entering the forest as referred to in paragraph 1, each person shall be obliged to adapt his or her actions to the state of the natural environment in the forest and to the increased danger associated with the entry into the forest and to ensure his or her personal safety or the safety of the persons entrusted. This obligation also applies when moving on special purpose roads in the forest, marked paths, paths and routes, resting places and campsites. The owner of the forest shall not be liable for damage to property, health or life arising from the exercise of the right referred to in paragraph 1 unless he has caused the damage intentionally. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
6. Paragraph 19 (4) reads as follows:
"(4) For reasons of forest protection or in the interests of the health or safety of natural persons, a public authority may issue measures of a general nature concerning the temporary restriction or exclusion of entry into the forest for a maximum period of 3 months. Where there is an imminent threat to the forest or to the health or safety of persons, the State administration of forests shall issue measures of a general nature without a procedure for its proposal and measures of a general nature shall take effect on the date of publication of the public order. It shall also inform the person concerned of the issue of a measure of a general nature by the State administration of the forests in a normal manner. The State administration of forests may extend the validity of measures of a general nature if the conditions for its issue are fulfilled, including repeatedly, but not later than three months. '
footnotes 14 and 15 are deleted, including the footnotes.
7. In Article 19, the following paragraph 5 is added:
"(5) A proposal for a measure of a general nature shall be open to public consultation, unless the authority of the State administration determines that the application procedure is written. The time and place of public consultation shall be notified by the State Administration of Forestry on the official board and on the official boards of the municipal authorities in municipalities whose administrative districts are concerned by measures of a general nature at least 10 days in advance. Persons whose legitimate interests may be directly affected by a measure of a general nature shall be entitled to submit written reasoned objections to a draft measure of a general nature within 5 working days of its publication. Where a measure of a general nature has been issued without a procedure for its application, written reasoned objections to that measure of a general nature may be lodged within 5 working days of the date of its publication. ';
8. In Paragraph 29 (1), the words "from an appropriate altitude 'are replaced by the words" from an appropriate height band designated by the forest vegetation stage'.
9. In Paragraph 29, the following paragraph 4 is inserted after paragraph 3, including footnote 38:
"(4) In case of urgent need in the absence of reproductive material due to exceptional circumstances, the authority of the State administration of the forests may, on the basis of the expert opinion of the authorised person under the Law on trade in forest reproductive material 38) allow for a limited period of time an exemption from the requirements for the use of reproductive material for artificial forest renewal and afforestation referred to in the first sentence of paragraph 1. This exemption may also be authorised by the issue of measures of a general nature.
38) Sections 2 (r) and 30 (1) of Act No. 149 / 2003 Coll., as amended. '
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
10. In Paragraph 29 (6) of the introductory part of the provision, the words "paragraph 4 'are replaced by the words" paragraph 5'.
11. in Article 31 (4), the words "crop rotation" are replaced by the words "crop rotation."
12. In Paragraph 32, the following paragraph 2 is inserted after paragraph 1, including footnotes 39 and 40:
"(2) The legislation on breathing protection (39) shall not apply to the disposal of cages and other extractive residues carried out in order to fulfil the obligation under paragraph 1 (b). This provision is without prejudice to waste legislation (40).
39) Act No. 201 / 2012 Coll., as amended.
40) Act No. 185 / 2001 Coll., as amended. '.
Paragraphs 2 to 10 shall become paragraphs 3 to 11.
13. in Article 32 (3) (a):
"(a) the limitation or suspension of extractions other than those at random within the specified scope and time and the processing of those at random within the specified scope and time;"
14. in Paragraph 32 (4):
"(4) The measure referred to in paragraph 3 may also be imposed by a public forest authority by measures of a general nature. Measures of a general nature, as referred to in the first sentence, shall be issued without a procedure for its proposal and shall take effect on the date of publication of the public order, unless otherwise provided for by the State administration of forests or where there is a risk of delay. It shall also inform the person concerned of the issue of a measure of a general nature by the State administration of the forests in a normal manner. Paragraph 19 (5) shall apply mutatis mutandis. ';
15. In Paragraph 33, the following paragraph 3 is inserted after paragraph 2:
"(3) In order to prevent degradation of forest land and to preserve the non-productive functions of the forest, the forest owner leaves in the forest an adequate amount of extractive residues and for the survival of the specified trees or parts thereof. The Ministry shall, by legislation, provide details of the minimum quantity and the ways in which the extractive residues are to be left and to live and to cover specified trees or parts thereof. '.
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
16. in Paragraph 33 (5):
"(5) It is forbidden to carry out toll mining intentionally in forest forests of less than 80 years old or forest of less than 20 years old. In justified cases, such as at-risk forest crops, forest crops of preparatory or fast-growing trees, the authority of the State administration of forests may, when approving the plan or in the course of processing the outline or at the request of the owner of the forest, authorise an exemption from this prohibition. ';
17. in Paragraph 37 (6), the words "processed" shall be replaced by the words "required to be processed" and, at the end of the paragraph, the sentence "the post of professional forestry operator shall be completed by the authority of the state administration of the forest at the request of an authorised forest operator or on its own initiative if the authorised forest operator fails to comply with the obligations laid down by this law."
18. In Paragraph 37, the following paragraphs 8 to 10 are inserted after paragraph 7:
"(8) The basic obligations of a forest operator whose activities are covered by the State pursuant to paragraph 7 shall be:
(a) to monitor the state of the forest, to alert the forest owner to the occurrence of harmful factors and to the damage caused by them, to propose the necessary control and protection measures and, in the case of an increased presence of harmful organisms, to provide evidence to the public administration of the forests;
(b) to draw the forest owner's attention to the need to carry out random mining, to characterise the random extraction to be carried out and to recommend the dates and methods of processing it and the means of rendering the timber harvested;
(c) propose to the forest owner an appropriate method and procedure for the restoration of the forest and recommend suitable reproductive material and suitable woodwork to restore the forest;
(d) recommend to the forest owner the conduct of educational interventions and, at the request of the forest owner, provide guidance on the conduct of educational interventions in crops under the age of 40;
(e) at the request of the owner of the forest, to indicate tolls intended and to comment on the extraction proposal notified by the owner of the forest body of the state administration (§ 33 (4));
(f) confirm that the activities for which the forest owner applies for funding under specific legislation are carried out in accordance with the scope and quality of that legislation and the legislation issued for its implementation;
(g) at the request of the forest owner, cooperate with the forest owner in keeping forest economic records;
(h) provide the forest owner, at the request of the forest owner, with technical information and recommendations for the protection of forests, cultivation and mining activities, for financial support for forest management, for the processing of forest plans and forest economic curricula and other forest management activities;
(i) keep a record of the professional activities and activities carried out, retain documents relating to such operations and activities for at least five years and submit such records, including documents on request, to the public administration of the forests;
(j) to notify the State Administration of the cessation of the professional forestry operator's activities, at least 30 days in advance, if it is known to it, otherwise immediately after it becomes aware of that fact,
(k) demonstrably warn the forest owner of the infringement of the obligations laid down by this law; where the nature of the infringement makes it possible to remedy and is not agreed by the forest owner within the scope and within the time limit specified in the notice of the forest operator, the forest operator shall be obliged to notify the public authority of that fact.
(9) The professional activities and activities of the forest operator referred to in paragraph 8 (i) shall in particular mean:
(a) monitoring the state of health of forest areas and alerting forest owner to the occurrence of harmful organisms;
(b) alerting the owner of the forest to the need to carry out random and random mining;
(c) marking of toll mining intentional;
(d) the provision of instruction on the implementation of educational interventions in crops up to the age of 40;
(e) designing appropriate forest renewal methods and procedures;
(f) providing expert information to the forest owner in the processing of proposals for forest economic plans and forest economic curricula.
(10) The professional forest operator whose activities are covered by the forest owner shall be subject to the obligations referred to in paragraph 8 (a), (b), (c), (f), (h), (i) and (k) of the first sentence. ';
Paragraph 8 shall become paragraph 11.
19. In Article 40, the following paragraph 3 is added:
"(3) The content, manner in which the forest register data referred to in paragraph 1 are to be kept and transmitted shall be laid down by the Ministry by implementing legislation."
20. in Article 42 (2) and (3):
"(2) For the granting of the licence referred to in Article 26 (1), professional forestry education shall be understood as higher education in the field of forestry and timber education in the master's programme of forestry engineering or forestry higher education corresponding to that education and the professional forestry practice of the applicant shall be at least 10 years.
(3) For the granting of the licence referred to in Article 37 (2), professional forestry education shall mean higher education in the field of forestry and timber education in the master's study programme of forestry engineering, in the Bachelor's programme of forestry or forestry higher education corresponding to that education, higher vocational education obtained in the field of forestry, higher professional forestry or in the accredited training programme of the field of forestry education or secondary education with a graduate examination in the field of forestry education. The applicant's professional forestry practice must be at least 3 years if he is a graduate of a university in a master's study programme, at least 6 years if he is a graduate of a university in a bachelor's degree programme or a graduate of a higher vocational education, and at least 10 years if he is a graduate of a high school with a graduate examination. '
21. in Paragraph 43 (2):
"(2) A licence may not be granted to a natural person holding the post of manager in a state enterprise or a state organisation engaged in a business in the field covered by the licence."
22. In Paragraph 44, paragraphs 8 and 9 are added:
"(8) The Ministry shall keep a register of licences containing for natural persons the information referred to in paragraph 2 and for legal persons the information referred to in paragraph 3. The registry may be managed by the Ministry by an organisational body of a State which has the technical and professional competence to maintain a registry of licences and is subject to the supervision and control of the Ministry. The information held in the licence register shall be public.
(9) A copy of the decision shall be sent to the Ministry within 15 days of the date on which the decision becomes final. '
23. the following shall be added at the end of point (c) of Article 45 (1):
"(d) the holder of the licence shall, in a serious manner or within 12 months, repeatedly infringe one of the obligations laid down by this law."
24. In Paragraph 45, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The procedure for the withdrawal of a licence referred to in paragraph 1 (d) shall be initiated by the administration within 30 days of the date on which it became aware of the reason for the withdrawal of the licence, but not later than 1 year from the date on which that reason occurred.
(3) A natural or legal person who has been withdrawn under paragraph 1 (d) may apply for a licence not earlier than 5 years from the date on which the decision to withdraw the licence became final. ';
Paragraph 2 shall become paragraph 4.
25. In Paragraph 46, the dot is replaced by a comma at the end of paragraph 1 and the following point (l) is added:
"(l) dealing with the consequences of exceptional circumstances and unforeseen damage in the woods."
26. in Paragraph 46 (4), the second sentence is deleted.
27. In Paragraph 46, paragraphs 10 to 13 are added:
"(10) The amount of assigned revenue in accordance with Article 21 (3) of the Financial Regulation is estimated at EUR 5000000. (l) they shall be provided in accordance with a request for a financial contribution published by the Ministry.
(11) For the procedure for granting the financial contributions referred to in paragraphs 1 to 10, as other State funds pursuant to Article 3 (1) (a) (ii) and (iii) of Regulation (EU) No 1307 / 2013, the Commission shall adopt implementing acts laying down detailed rules for the implementation of this Regulation. (c) the budgetary rules shall apply mutatis mutandis to the provisions of the budgetary rules on the granting of subsidies and repayable financial assistance from the State budget.
(12) In the case of financial contributions provided for in paragraphs 1 to 11, the provisions of the budgetary rules on withdrawal of the subsidy or of the repayable financial assistance and on breaches of budgetary discipline shall apply mutatis mutandis.
(13) The management of the levy on breaches of budgetary discipline and periodic penalty payments shall be carried out by the financial authorities in the event of the financial contributions provided for in paragraphs 1 to 12. "
28. in Article 48 (1), point (e) shall be deleted;
Points (f) to (p) shall be renumbered as points (e) to (o).
29. in § 48 (1) (i), "§ 33 (4)" is replaced by "§ 33 (5)";
30. in Paragraph 48 (1) (l), the words "or revocation of the mandate" shall be inserted after the word "delegation."
31. in Paragraph 48 (1) (m):
"(m) offences under this law,"
32. In Article 48, at the end of paragraph 2, the dot is replaced by a comma and the following points (j) and (k) are added:
"(j) issue measures of a general nature on the temporary restriction or exclusion of entry into the forest if they do not exceed their administrative perimeter (Sections 19 (4) and (5)); and
(k) issue measures of a general nature imposing measures in cases of exceptional circumstances where they do not exceed their administrative perimeter (Paragraph 32 (4)). "
33.In Article 48a (1), point (c) is deleted.
Points (d) to (o) shall be renumbered (c) to (n).
34. in § 48a (1) (d), "§ 33 (4)" is replaced by "§ 33 (5)."
35. in Article 48a (2) (e), the words "and" after the words "(Article 31 (2))" shall be replaced by a comma and after the words "(Article 31 (6))" shall be inserted after the words "and the exceptions to the prohibition on carrying out tolls in forest areas under 80 years of age (Article 33 (5))";
36. in § 48a, at the end of paragraph 2, the dot is replaced by a comma and the following points (j) and (k) are added:
"(j) issue measures of a general nature with a temporary restriction or exclusion of entry into the forest if they exceed the administrative district of the municipality with extended scope (Sections 19 (4) and (5)); and
(k) issue measures of a general nature imposing measures in cases of exceptional circumstances where they exceed the administrative district of the municipality with extended scope and do not exceed the territorial area of the region (§ 32 (4)). "
37. In Article 49, at the end of paragraph 2, the dot is replaced by "a 'and the following point (f) is added:
"(f) authorising an exemption from the requirements for the use of reproductive material for artificial forest renewal and afforestation (§ 29 (4))."
38. In Paragraph 49, at the end of paragraph 3, the dot is replaced by a comma and the following points (p) to (r) are added:
"(p) issues measures of a general nature on exemptions from the requirements for the use of reproductive material for artificial forest renewal and afforestation (§ 29 (4));
(q) issue general measures imposing measures in cases of exceptional circumstances where they extend beyond the territorial scope of the region (§ 32 (4)); and
(r) provide the Czech Environmental Inspection Centre for the performance of its supervisory activities with data of approved plans and syllabuses in electronic form. "
39. In Paragraph 54 (1), the word "or 'shall be deleted at the end of point (d), the dot shall be replaced by a comma at the end of the paragraph and the following point (f) shall be added:
"(f) as an expert forestry operator, he shall not fulfil any of the obligations laid down in Article 37 (8)."
40. In Article 54 (2), at the end of point (b), the word "or 'shall be deleted; at the end of the paragraph the dot shall be replaced by" or' and the following point (d) shall be added:
"(d) as owner of the forest, it shall not transmit summary data pursuant to Paragraph 40 (2) to the State administration of the forests."
Transitional provisions
1. Administrative proceedings initiated under Act No. 289 / 1995 Coll., as effective before the date of entry into force of the Act, shall be completed under Act No. 289 / 1995 Coll., as effective before the date of entry into force of the Act.
2. A natural or legal person licensed under § 42 (2) or (3) of Act No. 289 / 1995 Coll., as effective before the date of entry into force of this Act, shall be deemed to be a natural or legal person licensed under § 42 (2) or (3) of Act No. 289 / 1995 Coll., as effective from the date of entry into force of this Act.
Amendment of the Act on the State Agricultural Intervention Fund
In Article 6a (1) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 250 / 2014 Coll., Act No. 128 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 130 / 2014 Coll., Act No. 342 / 2006 Coll., Act No. 457 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 281 / 2009 Coll., Act No. 291.
EFFECTIVE
This Law shall enter into force on the day following that of its publication, with the exception of the provisions of Article 5 (1) (a) (ii) and (iii) thereof. I points 15, 29 and 34 and the provisions of Part Three which shall become effective two years after its publication.
z. Filip v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 314 / 2019 Coll., amending Act No. 289 / 1995 Coll., on Forests, and amending and supplementing certain laws (Forest Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.11.2019 |
|---|---|
| Effective from | 29.11.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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