Act of the Czech National Council No. 334 / 1992 Coll.
Act of the Czech National Council on the Protection of the Agricultural Soil Fund
Valid
Effective from 01.07.1992
Contents
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334
THE LAW
Czech National Council
of 12 May 1992
on the protection of the agricultural land fund
The Czech National Council decided on this law:
AGRICULTURAL SOURCES FUND
(1) The Agricultural Soil Fund is one of the environmental components and an irreplaceable limited natural resource enabling agricultural production. The protection of the production and non-production functions of the agricultural land fund, the improvement of its condition and its sustainable use are activities which ensure environmental protection.
(2) The Agricultural Soil Fund constitutes agricultural land, i.e. arable land, hop, vineyards, gardens, fruit orchards, permanent grassland and land which has been and is intended to continue farming but is not temporarily cultivated ("agricultural land"). Landscape elements are part of the agricultural land under the Government Decree on the establishment of details of land use records according to userrelations (41), hereinafter referred to as "landscape element '.
(3) The agricultural land fund shall also include ponds of fish or aquatic poultry farming and non-agricultural land required to ensure agricultural production, such as field trips, land with facilities relevant to field irrigation, irrigation water tanks, draining ditches, dam for protection against contamination or flood, technical anti-erosion measures, etc.
(4) The fact that it is part of an agricultural land fund pursuant to paragraphs 2 and 3 shall be decided in doubt by the protection authority of the agricultural land fund.
(5) At the request of or with the agreement of the owner of the land, the Land Protection Authority may decide to include the land or part of it in the Agricultural Soil Fund if the land or part thereof is for the land which is, or may be, agricultural management or on which a landscape element is located, due to its nature. If only part of the land is to be included in the agricultural land fund, the application shall be accompanied by a geometric plan defining that part of the land.
AMENDMENT OF THE USE OF AGRICULTURAL SOURCES AND PRINCIPLES FOR AGRICULTURAL SOURCES
Change in agricultural land use
Agricultural land registered in the real estate register 18) as permanent grassland can only be converted into arable land with the agreement of the Agricultural Soil Fund Protection Authority, granted on the basis of an assessment of the physical or biological characteristics of the agricultural land, the risks to the soil of the soil by erosion, including the location of the valleys and the measures taken to reduce these risks, such as slope lines.
Principles for the protection of agricultural land
(1) Everyone is obliged to take care of the protection of agricultural land and ensure its economic and efficient use under the conditions of this law and to ensure that it is not degraded by damage or pollution.
(2) It is prohibited
(a) cause pollution of agricultural land by exceeding the indicative values; the use of substances and preparations on agricultural soils in accordance with other legislation28 is not considered to be pollution of agricultural soils;
(b) to cause a threat to agricultural land by erosion by exceeding the permissible level of erosion risk;
(c) use agricultural land for non-agricultural purposes without consent to be withdrawn from the agricultural land fund, except where consent is not required;
(d) damage the physical, chemical or biological characteristics of agricultural land by compacting, encroaching, drying or overlapping it;
(e) to bring substances or preparations other than those permitted by other legislation28 to agricultural soils; and
(f) use treated sludge or sediments on agricultural land where the preventive value of the content of a risk substance or a risk element established by implementing legislation has been found to be exceeded.
(3) The owner or any other person authorised to use the agricultural land shall be obliged to use it or maintain it in accordance with the characteristics of the lands18), unless:
(a) its use in accordance with agreement with the temporary removal of agricultural land from the agricultural land fund;
(b) the management of the user of the land block part included in the land register under the Agriculture Act and in accordance with that register; or
(c) land management which is used in the original way after land treatment, provided that the joint establishment has not yet been implemented under the Land Treatment Act and Land Offices.
(4) Indicative values shall mean the levels of risk substances or risk elements in agricultural land which exceed which there is a risk to the health of food or feed, a direct threat to human or animal health and wildlife in contact with soil and a negative impact on the production function of agricultural land, as laid down in the implementing legislation.
(5) The erosion risk to aquatic land is determined on the basis of the average long-term loss of land expressed in tonnes per hectare per year, depending on the depth of the land. The erosion risk to agricultural land by wind erosion shall be determined on the basis of an assessment of soil characteristics, soil surface conditions, climatic and weather conditions, length and layout of land and wind barriers within the territory. The erosion hazard rate shall be determined by means of an electronic application of an anti-erosion calculator (the "counter-erosion calculator '). The permissible level of erosion threat to agricultural land, the procedure for calculating it in the counter-erosion calculator and measures to reduce erosion threat shall be laid down in implementing legislation.
(6) Agricultural land is divided by quality into five classes of protection for the agricultural land fund (hereinafter referred to as "conservation classes") as defined by the implementing legislation.
Use of sediments on agricultural land
(1) The use of sediments from ponds, ponds, meliorations and watercourses is only possible on agricultural land if the arable soils are concerned (18) or permanent grassland (18) in its renewal, with the agreement of the Agricultural Soil Fund Protection Authority and with respect to the conditions and procedures laid down by the Fertiliser Act. When restoring the permanent grassland of an agro-technical operation following its erosion shall not exceed 2 years, and the new erosion shall not be carried out before the end of the fifth year following the completion of the recovery process for permanent grassland. The approval shall be granted if the sediment complies with the requirements of its qualitative characteristics laid down by other legislation29) and if the favourable physical, biological or chemical properties of the soil are not damaged by the use of sediment on the land.
(2) The application for approval of the use of sediments from ponds, water tanks, melliorative channels and watercourses must include, in addition to the requirements laid down in the Administrative Regulation, the following:
(a) the identification of the parcels on which the sediment is to be used and the indication of the total quantity of sediment in tonnes of dry matter to be used; if the land is included in the land register under the Agriculture Act, it shall be identified by the soil block part identification number and its area, otherwise it shall be identified by the cadastral territory and the parcustoms land number;
(b) the consent of the owner of the agricultural land on which the sediment is to be used or of any other person authorised to use that agricultural land, in the absence of an applicant;
(c) data on the quality of sediments to the extent provided for by other legislation29), not more than 3 years old;
(d) indication of the origin of the sediment;
(e) information on the method of sampling soils and sediment and on the technological processing of the sediment before use;
(f) data on the quality of the soil to which the sediment is to be used, to the extent provided for by other legislation29),
(g) confirmation by the laboratory of the sampling and evaluation of samples of sediment and soil to be used, indicating the accreditation for the sampling and analysis of the soil and sediment for the relevant matrix;
(h) the location of interdeponia as referred to in (a); and
(i) the estimated date of commencement of use of the sediment.
(3) If, even if the requirements on the qualitative characteristics of the sediment laid down by other legislation29) are satisfied, the presence of risk elements or risk substances in the sediment which do not provide for other legislation and as a result there is a risk of damaging the favourable physical, biological or chemical properties of agricultural land, the protection authority of the agricultural land fund may impose on the applicant the processing of ecotoxicological tests under another legislation29). If ecotoxicological tests demonstrate sediment toxicity, consent cannot be given.
(4) The Land Protection Authority shall keep a record of the use of sediments from ponds, ponds, meliorations and watercourses on agricultural land in its administrative district and transmit data to the land register under the Agricultural Act. The content of the registration shall be:
(a) the date on which the consent issued pursuant to paragraph 1 was acquired or, where applicable, the date on which the decision for which the consent was a binding basis;
(b) the quantity of sediment in tonnes of dry matter of sediment per hectare;
(c) data on sediment quality,
(d) the origin of the sediment;
(e) details of the parcels on which the intermediate depot is situated;
(f) data on the parcels on which the sediment is to be used; and
(g) the date on which sediments are started.
(5) The commencement of the use of sediments authorised by the consent referred to in paragraph 1 shall be notified to the protection authority of the agricultural land fund which granted the consent at the latest 14 days in advance. Consent shall cease to be valid if the use of sediments has not been initiated within 3 years of the date on which it has acquired legal power or, where appropriate, the date on which the decision for which the consent was a binding basis has become final.
Acquisition and registration of information on the quality of agricultural land and registration of the withdrawal of agricultural land
(1) Information on the quality of agricultural land contains data on:
(a) the content of the risk elements and the risk substances in the agricultural land;
(b) the physical, chemical and biological characteristics of the agricultural land; and
(c) the degree of erosion risk to agricultural land.
(2) The authorities of the protection of the agricultural land fund shall transmit the information referred to in paragraph 1 obtained from an activity carried out under this law to the register of information on the quality of agricultural land. The record of information on the quality of agricultural land is part of the land register according to the Agricultural Act, kept in its separate part. The authorities for the protection of the agricultural land fund shall have access to parts of the land register under the Agricultural Act necessary for the activities carried out under this Act.
(3) The information contained in the register of information on the quality of agricultural land is used to evaluate the quality of agricultural land and its development, carried out by the authorities for the protection of the agricultural land fund, in particular by adverse changes; the adverse changes in agricultural land shall be considered to be the excess of the preventive values in agricultural soils or the situation in which the observed characteristics of agricultural land referred to in paragraph 1 have deteriorated in the time interval of two surveys.
(4) The authorities of the protection of the agricultural land fund shall send data related to the removal of agricultural land from the agricultural land fund, including data on the withdrawal payments to the registration of the withdrawal of agricultural land maintained by the Ministry of the Environment by means of a designated electronic application using an electronic form established by the Ministry of the Environment. The data from the decision on consent to withdrawal and the data from the decision on contributions shall be sent within 30 calendar days of the date on which the decision becomes final, the data from the decision underlying the agreement on withdrawal within 7 months of the date on which the decision becomes final.
Pollution of agricultural land or threat to agricultural land by erosion and corrective measures
(1) The owner or other person authorised to use agricultural land is required to implement measures to prevent and prevent damage and pollution of agricultural land and erosion.
(2) In the event of a defect, the owner or another person entitled to use the agricultural land shall be obliged to take immediate measures to remedy it.
(3) The authority responsible for the protection of the agricultural land fund shall impose on the originator of the malfunctioning one or more measures to remedy the malfunctioning resulting from the breach of the obligations referred to in Article 3 or the failure to comply with the conditions of its consent, provided that the measures provided for in paragraph 2 have not been taken or are not sufficient. The costs of the correction measure shall be borne by the originator of the defective condition. The origin of the defective condition may propose specific appropriate corrective measures to the protection authority of the agricultural land fund; the protection authority of the agricultural land fund shall take into account this proposal when imposing corrective measures. The obligations arising from the remedy measures imposed by the originator of the malfunctioning shall be transferred to his successor in law.
(4) As a remedy measure, the protection authority of the agricultural land fund may require the originator of the defective condition to:
(a) draw up a plan of measures to reduce erosion, submit it to and comply with the protection authority of the agricultural land fund, the content and manner in which that plan is drawn up,
(b) adopt agri-technical, meliorative, organisational, technical or other measures to monitor the improvement of soil characteristics, to use special cultivation practices or to extract risk elements and risk substances, or to enrich the soil with organic fertilisers; or
(c) has changed the type of land to another type of agricultural parcel.
(5) The Agricultural Soil Fund Protection Authority shall notify the excess of the indicative values in relation to:
(a) the food health requirement of the State Agricultural and Food Inspection,
(b) the requirement for the health of feedingstuffs to the central control and testing institutes of agriculture;
(c) public health to the owner of the land and to the county health station; and
(d) a threat to animal health to the owner of the land, the State Veterinary Administration and the competent authority of the State Hunting Authority.
(6) A remedy measure shall not be imposed where a decision has been taken to remedy the environmental damage under the Law on the Prevention and Correction of Organic Damage30). The new procedure for the imposition of corrective measures shall be suspended by the authority for the protection of the agricultural land fund if a remedy for environmental damage has been initiated under the Law on the Prevention and rectification of Environmental Damage.
(7) The owner or any other person authorised to use the agricultural land to which the correction measure imposed is linked, who are not the cause of the defect, shall be obliged to abide by the implementation of the correction measure. To this end, they shall be obliged to allow access to the agricultural land concerned and to suffer, to the extent necessary, a restriction on the normal use of that land.
Restrictions on the acquisition of property on agricultural land
(1) A State, a national of a State, a natural person with a residence or a legal person with a registered office in a State whose legal order does not allow a citizen of the Czech Republic, natural persons with a residence in the Czech Republic or legal persons with a registered office in the Czech Republic to acquire ownership of agricultural land.
(2) Paragraph 1 shall not apply if:
(a) the garden,
(b) land of less than 2 000 m2;
(c) land which consists of one functional unit with a real estate construction owned by the acquirer; or
(d) land which is a common part of the immovable property divided into units or is linked by law to the ownership of the unit.
(3) Paragraph 1 shall no longer apply if acquisition takes place:
(a) owned by a citizen, a natural person residing or a legal person domiciled in a Member State of the European Union, of the European Economic Area, of Switzerland or of a State for which there is something else under an international treaty which the Czech Republic is bound;
(b) under a common matrimonial property regime where one of the spouses fulfils the conditions laid down in (a);
(c) inheritance,
(d) by a relative in a series of direct, siblings or husbands; or
e) in exchange for other agricultural land on the territory of the Czech Republic, the price of which does not exceed the price of the original agricultural land established under the valuation law.
PRINCIPLES OF THE FUND FOR AGRICULTURAL PROTECTION
(1) For non-agricultural purposes, mainly non-agricultural land, unbuilt and underutilized land in the built-up area or in the built-up areas, building produles and areas resulting from the removal of buildings and equipment on them must be used. Determine the agricultural land for a purpose other than agricultural use in the planning documentation or withdraw it from the agricultural land fund only in the necessary justified case, in particular:
(a) prioritise agricultural land in areas and corridors defined for non-agricultural use in the planning documentation;
(b) prioritise agricultural land in areas and corridors downstream to the built-up territory;
(c) favour less quality agricultural land; soil quality criteria are protection classes,
(d) disturb as little as possible the organisation of the agricultural land fund and the agricultural purpose communications network and make it difficult to manage the agricultural land fund;
(e) determine the agricultural land for a purpose other than agricultural use in the planning documentation and remove only the most necessary area of the agricultural land fund and prioritise the agricultural use of the land after the non-agricultural activity has ceased;
(f) prioritise the implementation of the capacity of the floor area of buildings in several floors;
(g) on completion of the authorisation for non-agricultural activities, without delay, to make such a landscaping arrangement so that the land concerned can be reclamated and be eligible to carry out other functions in the landscape as planned; and
(h) as little as possible to interfere with the non-production functions of the land within the territory; the non-production functions of agricultural land are, in particular, functions of filtration, accumulation and retention, buffering, transformation and rendering, functions of transport, functions of soil as a biotope for plants and animals, functions of soil as an environment enabling the development of relevant biocenses, and functions of soil as a stabilising element of microclimate and environmental stability of the landscape.
(2) The necessity of determining agricultural land for a non-agricultural purpose shall be assessed taking into account the nature, benefits, public utility, scope, location and possible non-location of the project affecting the agricultural land fund (hereinafter referred to as "the project '). The necessity of the determination shall be given, in particular, in the absence, imsuitability or impossibility of using the areas referred to in paragraph 1 in the territory which affects the project by its meaning, character and impact.
(3) Agricultural land of Class I and Class II protection may be designated in territorial planning documents for purposes other than agricultural use or withdrawn only in cases where the other public interest significantly outweighs the public interest in the protection of the agricultural land fund. This shall not apply if the use of the area in the planning documentation already defined does not change when the planning documentation is changed.
(4) Agricultural land of Class I and Class II protection cannot be withdrawn from the agricultural land-use fund for commercial or storage projects of more than 1 ha or for energy installations for the conversion of solar energy into electricity, except for those referred to in Section 8a.
(5) The provisions of paragraph 3 shall not apply in the case of transition and standstill areas defined in the territorial planning documentation for the location of the strategic investment site (48). The provisions of paragraph 4 shall not apply in the case of a project under the Act on the Acceleration of Construction of a strategically important infrastructury48) and a project which mainly serves and follows the users of public transport infrastructure.
(6) When withdrawing agricultural land, appropriate measures must be taken and implemented to fulfil the public interest in water retention in the landscape.
PROTECTION OF THE AGRICULTURAL SOURCES FUND
For land planning activities
(1) In order to ensure that the protection of the agricultural land-use fund is ensured in the context of a territorial planning activity carried out under other legislation6), purchasers and planners of land-based planning documents are required to comply with the principles of such protection (Section 4), to propose and justify a solution which is most favourable in terms of the protection of the agricultural land-based fund and other legally protected general interests. In doing so, it must assess the expected consequences of the proposed solution on the agricultural land fund, as a rule compared to other possible solutions.
(2) The authorities of the protection of the agricultural land fund apply opinions (6) on the territorial planning dossier and on the proposal for the definition of a built-up area with regard to the protection of the agricultural land fund.
When processing proposals for the determination of mining areas
(1) The legal and natural persons authorised to mine are obliged to follow the principles of protection of the agricultural land fund (§ 4) when processing proposals for the establishment of conquest areas under other legislation8), to propose and justify a solution which is most advantageous in terms of the protection of the agricultural land fund and other legally protected general interests. In doing so, it must assess the expected consequences of the proposed solution on the agricultural land fund, taking into account the possibility of reclamation, as a rule compared to other possible solutions.
(2) Proposals for the establishment of conquest areas must be discussed with the authorities for the protection of the agricultural land fund and given their agreement before approval. The request for consent shall include the justification and evaluation referred to in paragraph 1, the prior consent of the Ministry of the Environment to determine the mining space under the Mining Act 31), a graphical representation of the boundary of the bearing and, where appropriate, the blocks of mineral reserves according to the results of the geological survey, if any, to present them, and a proposal for a study of reclamation.
(3) For the purpose of determining the area of production, no agreement is required to remove agricultural land from the agricultural land fund; the parcels concerned remain part of the agricultural land fund.
When processing a project authorisation documentation
(1) The documentation for the authorisation of a project under a building law requiring approval under § 8a, 8b or 9 must be drawn up taking into account the principles of area protection of the agricultural land fund (§ 4), the location of the building must be designed in such a way as to minimise losses of the agricultural land fund in terms of protection of the agricultural land fund and other legally protected public interests, while evaluating the consequences of the proposed solution on the agricultural land fund.
(2) Identification alternatives shall be developed whenever the construction is located in an unbuilt area outside the areas and corridors defined by the planning documentation.
(3) The construction works of above and underground lines, roads (10), national draft11) and waterways and their parts (12) are required to propose the location of the construction in such a way that, in terms of the protection of the agricultural land fund and other legally protected public interests, the losses of the agricultural land fund are as low as possible, while evaluating the consequences of the proposed solution on that fund.
(4) The request for consent referred to in Article 9 (6) may be accompanied by a statement from the municipality or region concerning the benefits and benefits of the project and the absence, imsuitability or impossibility of using other areas in the territory concerned pursuant to Article 4 (2).
For construction, mining and industrial activities, landscaping and geological and hydrogeological surveys
(1) In order to avoid damage to the agricultural land fund in construction, mining and industrial activities and landscaping, including the realisation of landscape elements, and where appropriate to limit such damage to the minimum, legal and natural persons carrying out such activities shall be required to assess the expected consequences of the proposed solution on the agricultural land fund and to follow the principles of protection of the agricultural land fund (Section 4), in particular:
(a) to hide separately the upper cultural layer of the soil and, where appropriate, the deeper-stored soil-capable land on the whole area concerned and ensure that it is used economically or properly stored for the purpose of reclamation, or to ensure that it is transported and spread to areas designated by the soil protection authority, unless, where justified, that authority grants an exemption from the obligation to carry out the cover of those soil; in particular the withdrawal of agricultural land from the agricultural land fund shall be considered a justified case
1. for the purposes of afforestation and, where appropriate, declarations for land intended for the performance of forest functions;
2. on grounds of classification in the type of land, the other area where the land cannot be cultivated,
3. in order to protect nature and landscape,
4. for the protection of archaeological sites; or
5. for the establishment of protection zones of grade I water resources and protection zones of grade I natural medical resources and protection zones of class I natural mineral water sources,
(b) to store the leprosy soil in the harvested areas and, where this is not possible or economically justified, to deposit it primarily on areas of infertile or of of poor quality which have been withdrawn from the agricultural land fund for that purpose;
(c) to perform appropriate surface treatment of the areas concerned in order to prepare for reclamation in the form, soil storage and water conditions where the implementation of the reclamation is considered;
(d) carry out, in accordance with approved plans, the reclamation of the areas concerned in order to be eligible for additional functions in the landscape;
(e) take measures to prevent leakage of solid, liquid and gaseous substances damaging the agricultural soil fund and its vegetation cover.
(2) In the geological and hydrogeological survey and in the construction, repair and maintenance of aerial and underground lines on the agricultural land fund, operators of such work shall comply with the obligations referred to in paragraph 1, and
(a) to carry out work on land, particularly at the time of serenity, and to bring the areas concerned to their original state,
(b) carry out work in such a way as to minimise damage to the agricultural land fund and its vegetation cover;
(c) discuss the timely implementation of work with the owner of the agricultural land concerned or any other person authorised to use that agricultural land.
(3) Where work related to geological and hydrogeological surveys and to the construction, repair and maintenance of aerial and underground lines requires the removal of the agricultural land fund for a period of more than one year, including the time needed to bring the land concerned into its original state, operators of such work shall be required to ask the authority for the protection of the agricultural land fund to accept the withdrawal from the agricultural land fund (§ 9).
When implementing the agrovoltaic electricity plant
(1) Agrovoltaic electricity production means an energy installation for the conversion of solar energy into electricity which meets the conditions laid down in the implementing legislation and which is located on the agricultural land corresponding to the part of the soil block under the Agricultural Act with the type of agricultural culture provided for by the implementing legislation, provided that the agricultural land is simultaneously farmed under the Agricultural Act. For the purposes of this Act, an installation complying with the conditions laid down in the implementing legislation which is a necessary part of the agrovoltaic electricity generation plant's intention shall be considered to be part of the agrovoltaic electricity generation plant even if it is not part of the soil block part under the Agriculture Act.
(2) The approval of the Agricultural Soil Fund Protection Authority is necessary to implement the agrovoltaic electricity production project; the land on which the project is implemented remains part of the agricultural land fund.
(3) The owner or other person entitled to use the agricultural land shall submit a request to the protection authority of the agricultural land fund for approval with the intention referred to in paragraph 2. The application shall contain, in addition to the general procedural requirements laid down in the Administrative Rules:
(a) the specification of the project, including its outline in a copy of the cadastral map, the information demonstrating compliance with the conditions referred to in paragraph 1 and the expected lifetime;
(b) data from the cadastral of the land on which the project is to be carried out, indicating ownership and / or user relations with the land concerned, as well as areas of parcels or parts thereof;
(c) the consent of the owner of the agricultural land on which the project is to be implemented, in the absence of an applicant;
(d) the recovery plan;
(e) a preliminary balance of the cover of the cultural layers of the soil and a proposal for a method of their economic use, where the proposed method of addressing the intention justifies the cover; and
(f) whether consent is to be a basis for proceedings under another legislation.
(4) The protection authority of the agricultural land fund will examine the application and, if it finds that the conditions for consent are met, agree with the intention of setting out the conditions necessary to ensure the protection of the agricultural land fund and approving the recovery plan. A copy of the consent shall be sent by the Land Fund Protection Authority to the Ministry of Agriculture.
(5) The owner or any other person authorised to use the agricultural land shall notify the authority of the protection of the agricultural land fund and the Ministry of Agriculture of the commencement of the implementation of the agrovoltaic electricity plant's intention within 15 days of the start of implementation.
(6) The owner or any other person authorised to use the agricultural land shall notify the authority of the protection of the agricultural land fund and the Ministry of Agriculture of the cessation of the operation of the agrovoltaic electricity plant within 15 days of that closure. As soon as the agrovoltaic electricity plant has ceased operation, the owner or any other person authorised to use the agricultural land shall be obliged to carry out the reclamation as planned.
(7) Where there is a change in the use of agricultural land on the land on which the agrovoltaic electricity production is located in a manner contrary to the conditions laid down in paragraph 1, the owner or another person authorised to use the agricultural land shall be obliged to immediately cease the operation of the agrovoltaic electricity production plant and to proceed further in accordance with paragraph 6; this shall not apply if they submit an application for approval of the withdrawal of agricultural land from the agricultural land fund. If the approval of the removal of agricultural land from the agricultural land fund referred to in the first sentence is not given or if no decision is given, the owner or any other person authorised to use the agricultural land shall be obliged to terminate the operation of the agrovoltaic electricity production plant without delay and to proceed in accordance with paragraph 6. Where the authorities of the protection of the agricultural land fund or the Ministry of Agriculture find that circumstances have arisen under this paragraph, they shall inform each other thereof.
(8) Agrovoltaic electricity production is also considered to be a construction for agriculture under another legislation (6). The authorisation of an agrovoltaic electricity plant in an unbuilt territory under another legislation (6) is not subject to compliance with the nature of the territory.
(9) Paragraphs 2 to 6 and 8 shall apply mutatis mutandis to installations used for the storage of electricity from an agrovoltaic electricity plant that fulfils the conditions laid down in the implementing legislation and is located on agricultural land; instead of information demonstrating compliance with the conditions referred to in paragraph 1, the application shall contain information showing compliance with the conditions laid down for the electricity storage facility. The approval shall be limited to the duration of the operation of the agrovoltaic electricity plant.
When implementing fish or aquatic poultry ponds or measures needed to ensure agricultural production
(1) Fish or aquatic poultry fishes or measures necessary to ensure the agricultural production referred to in Article 1 (3) may be carried out on agricultural land with the agreement of the Agricultural Soil Fund Protection Authority; the land on which these projects are implemented remains part of the agricultural land fund. The principles set out in Section 4 shall apply mutatis mutandis.
(2) The owner or other person authorised to use the agricultural land shall submit a request to the protection authority of the agricultural land fund for approval with the intention referred to in paragraph 1. The application shall contain, in addition to the general procedural requirements laid down in the Administrative Rules:
(a) the specification of the project, including its outline in a copy of the cadastral map and the expected lifetime;
(b) data from the cadastral of the land on which the project is to be carried out, indicating ownership and / or user relations with the land concerned, as well as areas of parcels or parts thereof;
(c) the consent of the owner of the agricultural land on which the project is to be implemented, in the absence of an applicant;
(d) a recovery plan, in the case of a temporary project referred to in paragraph 1;
(e) a preliminary balance of the cover of the cultural layers of the soil and a proposal for a method of their economic use, where the proposed method of addressing the intention justifies the cover; and
(f) whether consent is to be a basis for proceedings under another legislation.
(3) The protection authority of the agricultural land fund will examine the application and, if it finds that the conditions for consent are met, agree with the intention of setting out the conditions necessary to ensure the protection of the agricultural land fund and, in the case of a temporary project, approve the recovery plan.
When using agricultural land as a plantation of trees
(1) Agricultural land may be used as planets18) for a maximum period of 10 years. In the case of a harvest plantation, agricultural land may be used for a maximum period of 30 years; the length of one growing cycle shall not exceed 10 years.
(2) The owner or any other person entitled to use the agricultural land shall, within 1 year of the end of the use of the agricultural land as a plantation of timber, remove the stumps and recover them in such a way that they are fit for further agricultural use. After the end of the last growing cycle, the agricultural land must be used by other means for at least 3 years.
(3) The owner or any other person authorised to use the agricultural land is required to notify the authority of the protection of the agricultural land planting fund, the start of the new crop cycle and the end of the use of the agricultural land as a plantation every 15 days from the date of planting, the start of the new crop cycle or the end of the use of the agricultural land as a plantation.
WITHDRAWAL OF THE AGRICULTURAL SOURCES
(1) In order to withdraw agricultural land from the agricultural land fund for non-agricultural purposes, the agreement of the authority for the protection of the agricultural land fund is needed. The intention requiring the removal of agricultural land from the agricultural soils cannot be authorised under other legislation32) without such consent, except in the cases referred to in paragraph 2. In assessing the withdrawal of the agricultural land protection authority, the total area of agricultural land required for the target project shall be based on the predominant purpose of the project.
(2) The agreement referred to in paragraph 1 does not need to be withdrawn from the agricultural land fund
(a) in a built-up territory for:
1. construction, including related built-up areas, having an area of up to 25 m2; or
2. a public utility building located in a space of up to 0,5 ha,
(b) for location
1. signals, stabilising stones and other marks for geodetic purposes, underground line input shafts and overhead line masts, unless they are in individual cases an area of more than 30 m2;
2. pumping stations, wells, wells and above-ground and wind pits, unless the area exceeds 55 m2 in each case; or
3. projects for unbuilt parts of built-in building site with family house; This provision shall not apply if the built-in building site with a surface area equal to or greater than 1000 m2,
4. base stations of electronic communications networks, unless, in individual cases, the area exceeds 100 m2;
5. installations used for the storage of electricity from solar energy to electricity, with the exception of the projects referred to in Article 8a, where it is located on agricultural land within or in the vicinity of the energy conversion facility;
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Regulation Information
| Citation | Act of the Czech National Council No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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