Decree No. 336 / 2011 Coll.
Decree amending Decree No. 432 / 2001 Coll., on documents of application for a decision or observations and on the formalities for authorisation, consent and expression of the authority of the water authority, as amended
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06.12.2011
21.11.2011
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336
DECLARATION
of 4 November 2011
amending Decree No. 432 / 2001 Coll., on documents of application for a decision or observations and on the formalities for authorisation, consent and statement of the Water Authority, as amended
The Ministry of Agriculture, in cooperation with the Ministry of the Environment, pursuant to § 115 (2) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 150 / 2010 Coll.:
Decree No. 432 / 2001 Coll., on the documents of the application for a decision or observations and on the terms of the permit, the consent and the opinion of the Water Authority, as amended by Decree No. 195 / 2003 Coll., Decree No. 620 / 2004 Coll. and Decree No. 40 / 2008 Coll., are amended as follows:
1. in § 1 (a) (1) and in § 2 and 3, the words "(a) or (b)" shall be replaced by "(a), (b), (d), (e) or (f)";
2. in Article 1 (a) (3), the words "or underground" shall be inserted after the words "surface."
3. in Article 1 (a), point 13 shall be deleted;
Points 14 and 15 shall become points 13 and 14.
4. in Article 1 (a), the following points 15 to 19 are added:
"15. the establishment of a water source protection zone pursuant to Paragraph 30 (6) of the Water Act or its amendment;
16. the establishment of a waterworks protection zone pursuant to § 58 (3) of the Water Act or its amendment;
17. laying down the manner and conditions for the discharge of mine waters into surface or groundwater waters pursuant to § 38 (3) of the Water Act or its amendment;
18. the authorisation of an exemption for the use of harmful substances under Paragraph 39 (7) of the Water Act or its amendment;
19. Approval of the Water Works Manipulative Rules under Paragraph 115 (17) of the Water Act, "
5. in Article 1 (b), including footnote 8:
"(b) the documents to be submitted to the water authority in the case of:
1. notification of the use of the waterworks,
2. reporting of maintenance work,
3. notification of restoration of the water work destroyed by a natural disaster or accident;
4. the declaration of water-management adjustments,
5. announcement of building modifications for changes in the use of a part of the water works according to the building law,
6. the declaration of water works intended for the treatment of waste water up to a capacity of 50 equivalent inhabitants, of which the CE products referred to in the specific legislation8 are essential,
8) Sections 11 to 13 of Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. "
6. In Article 1 (c), the word "authorisation 'is replaced by" decision, general measure' and the words "in matters referred to in point (a) 'are deleted.
7. in Article 2 (1), the following point (e) is inserted after point (d):
"(e) proof of ownership, unless this right can be verified in the register of real estate, or the right to use the waterworks, provided that the required permit for the treatment of water is related to the existing waterworks;"
Points (e) to (j) shall be renumbered as points (f) to (k).
8. In Article 2 (1), the words "including verification of the indicative location of the water management site at X, Y coordinates determined in the single trigonometric network coordinate system of the cadastral2a 'shall be added at the end of the text of point (f).
9. in Article 2 (1) (h) and (i):
"(h) a document demonstrating the right to land and buildings by leaching the water concerned, unless it is a matter of water in the water works;
(i) the statement of the person with professional competence (1a) where the application for authorisation for the treatment of waters concerns groundwater and where, in exceptional cases, the Water Authority does not decide otherwise under Paragraph 9 (1) of the Water Act, which it contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological rayon, the body of groundwater or, where appropriate, the collector in which the groundwater is to be handled,
3. an evaluation of the hydrogeological characteristics, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater flow to be handled,
4. an assessment of the degree of risk affecting the quantity and quality of groundwater and surface water resources or protected areas defined by specific legislation;
5. an assessment of the usefulness of the groundwater source as food, for the production of spring water or for the production of packaged infant water, including an assessment of the yield, its stability in the extent of natural fluctuations in the conditions of the semi-operational hydrodynamic test, the design of methods and the degree of use of the source, and an assessment of the risks of potential pollution;
6. a draft of the conditions under which the authorisation for the treatment of groundwater may be granted, where such treatment may have a significant impact on the quality and quantity of groundwater or protected areas defined by specific legislation,
7. a proposal for minimum groundwater level, where such disposal may result in a significant reduction in groundwater level, ';
10. in Article 2 (1), at the end of point (k), the dot is replaced by a comma and the following points (l) and (m) are added:
"(l) the documents referred to in Article 11o (1) and (2) in respect of the management of waters for the purpose of fish or aquatic poultry farming and, where appropriate, other aquatic animals;
(m) an implementation project for the remediation work, when dealing with the management of water pursuant to § 8 (1) (e) of the Water Act, which, in addition to the technical and technological procedures necessary to carry out the remediation work, contains:
1. identification of objects used to draw and discharge contaminated waters;
2. identification of the point of drawing and discharge by indicating the parcel number of the land or parcels at the point of drawing and at the point of discharge of water into the water stream;
3. the determination of the location of the drawing point and the discharge points at X, Y coordinates indicating the semi-secondary component in the single trigonometric network system of the catastral2a),
4. method of measuring the quantity of water drawn and discharged;
5. design of the sampling point for the quality control of the discharged waters. ';
11. in Article 3, point (a) is deleted;
Points (b) to (i) shall be renumbered (a) to (h).
12. in § 3 (c), § 5 (d), § 7 (b), § 7b (b) and § 9 (c), the words ", the name and the code of the water department" shall be inserted after the word "water catchment area."
13. in Article 3 (d), the words "place of treatment of water where the authorisation concerns the treatment of groundwater" shall be replaced by the words "and the body of groundwater concerned by the treatment of groundwater."
14. in Article 3, point (g) is deleted;
Point (h) shall be renumbered as point (g).
15. in Article 3, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) laying down the conditions for the use of defective substances for the feeding of fish and for the treatment of surface water on fish tanks, where applicable, in the case of a permit for the management of waters for the purpose of fish or aquatic poultry farming or other aquatic animals."
16. in Article 3a (1) and Article 11f (1) (c):
"(c) the expression of a person with professional competence (1a) unless, in exceptional cases, the Water Authority decides otherwise under Paragraph 9 (1) of the Water Act, which contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological rayon, the body of groundwater or, where appropriate, the collector in which the groundwater is to be handled,
3. an evaluation of the hydrogeological characteristics, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater flow to be handled,
4. an assessment of the degree of risk affecting the quantity of groundwater and surface water resources or protected areas defined by specific legislation;
5. a proposal for the conditions under which a permit for the collection of groundwater may be issued where such withdrawal may have a significant impact on the quality and quantity of groundwater or the protected areas defined by specific legislation;
6. a proposal for a minimum groundwater level, where sampling may result in a significant reduction of groundwater level, '.
17. in Article 3a (1), the following point (e) is inserted after point (d):
'(e) proof of ownership or the right of use of the waterworks, provided that the required permit for the treatment of water is related to the existing waterworks,';
Point (e) shall be renumbered as point (f).
18. in Sections 3b and 5, point (a) shall be deleted;
Points (b) to (h) shall be renumbered (a) to (g).
19. in Article 3b (c), the words "places of collection of groundwater" are replaced by the words "and bodies of groundwater from which groundwater will be collected."
20. in Sections 3b and 5, point (f) is deleted;
Point (g) shall be renumbered as point (f).
21. In the title of § 3c and in § 3c (2), the words "or underground" shall be inserted after the word "surface."
22. in Article 3c (1), the words "or underground" shall be inserted after the words "surface."
23. in Article 3c (1), the words "including verification of the indicative location of the water management site at X, Y coordinates determined in the single trigonometric network coordinate system of the cadastral2a) shall be added at the end of the text of point (c), following the waterflow register."
24. in Article 3c (1), the following point (f) is inserted after point (e):
"(f) proof of ownership, unless this right can be verified in the register of real estate or in the right to use the waterworks, where the required permit for the handling of water is related to the existing waterworks;"
Points (f) to (h) shall be renumbered as points (g) to (i).
25. in Article 3c (1), at the end of point (i), the dot is replaced by a comma and the following point (j) is added:
'( j) the expression of a person with professional competence (1a) when it comes to the discharge of waste water into groundwater, which contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological rayon, the body of groundwater or, where appropriate, the collector in which the groundwater is to be handled,
3. an evaluation of the hydrogeological characteristics, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater flow to be handled,
4. an assessment of the degree of risk affecting the quantity and quality of groundwater and surface water resources or protected areas defined by specific legislation;
5. an assessment of the impact of the natural medical or mineral water regime of the base structure, where the discharge of waste water in the area of that source is located;
6. a proposal for the conditions under which a permit for the discharge of waste water into groundwater may be granted where such discharge may have a significant effect on the quality and quantity of groundwater or the protected areas defined by specific legislation. ';
26. In Article 3c (3), the words "according to the nature of the type of water handling 'are inserted after the words" are' and the words "or 4 'are added at the end of the text of the paragraph.
Article 27 (3d) shall be deleted, including the title.
28. in § 3e (1) and § 11g (1) (d):
"(d) the expression of a person with professional competence (1a) when discharges of waste water into groundwater which contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological rayon, the body of groundwater or, where appropriate, the collector in which the groundwater is to be handled,
3. an evaluation of the hydrogeological characteristics, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater flow to be handled,
4. an assessment of the degree of risk affecting the quantity and quality of groundwater and surface water resources or protected areas defined by specific legislation;
5. an assessment of the impact of the natural medical or mineral water regime of the base structure, where the discharge of waste water in the area of that source is located;
6. a proposal for the conditions under which a permit for the discharge of waste water into groundwater may be granted where such discharge may have a significant impact on the quality and quantity of groundwater or the protected areas defined by specific legislation; ';
29. in Article 3e (1), the following point (f) is inserted after point (e):
"(f) proof of ownership or the right of use of the waterworks, where the required permit for the handling of waters is linked to the existing waterworks,";
Point (f) shall be renumbered as point (g).
30. In Article 3e (3), the words "depending on the nature of the type of handling of waters' are inserted after the words" are 'and the number "4' is replaced by the words" 5 or 6 ';
31. Paragraph 3f shall be deleted, including the title.
32. in Article 4 (1), the words "including verification of the indicative location of activity at X, Y coordinates determined in the single trigonometric network coordinate system of the cadastral2a," shall be added at the end of the text of point (c), following the waterflow register. "
33. in Paragraph 4 (3), "5" is replaced by "7."
34. in Article 5 (d), the words "the place of authorised activity where geological works are authorised in the protection zones of water resources" shall be replaced by the words "the body of groundwater or, where appropriate, the collector in which the groundwater is situated, which could be affected by the activities under Article 14 (1) of the Water Act."
35. in Article 6 (1) (b), the following point 3 is added:
'3. the number of the hydrogeological area and the body of groundwater, where the application for a building permit concerns a waterworks related to the source of groundwater, ';
36. in Article 6, the words "including verification of the indicative position of the water work at coordinates X, Y, determined in the coordinate system of the Single Trigonometric Network of the Catastral2a, following the watercourses register," shall be added at the end of the text of point (d).
37. in Article 6 (1) (g), the words "for the recovery or retention of water" shall be replaced by the words "subject to technical surveillance."
38. in Article 6 (2), "6" is replaced by "8."
39. in Paragraph 7 (c), the words "and the body of groundwater" and the words "with groundwater" shall be replaced by the words "with groundwater";
40. In Paragraph 7a (2), "7 'is replaced by" 9'.
41. in § 7b (c) and § 9 (d), the words "and the body of groundwater" shall be inserted after the word "razone."
42. In Article 7c (1) (b), the words "(Article 59 (2) of the Water Act)" shall be deleted.
43.In Article 7c (2), "8" is replaced by "10."
44. in Article 7e (3), "9" is replaced by "11."
45. in Article 7f, point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
46. in Article 7f, point (b) is deleted;
Point (c) shall be renumbered (b).
47. In Paragraph 8 (1), the words "including verification of the indicative location of the project at X, Y coordinates determined in the coordinate system of the Single Trigonometric Network of the Catastral2a" shall be added at the end of the text of point (d), following the register of watercourses. "
48. in Paragraph 8 (1), at the end of point (e), the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) the statement of the person with professional competence (1a) in the case of an application for consent pursuant to Article 17 (1) (g) of the Water Law, provided that the Water Authority has imposed the submission of such observations on the applicant, which contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological area, the body of groundwater and, where appropriate, the collector in which the groundwater is situated, whose energy potential will be exploited,
3. an assessment of the hydrological and hydrogeological characteristics of the environment, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater, whose energy potential will be exploited,
4. an assessment of the degree of risk affecting the quantity and quality of groundwater and surface water resources or protected areas defined by specific legislation;
5. a proposal for the conditions under which consent may be granted for drilling of groundwater energy potential;
(g) the list and type of protected territories and protection zones established under specific legislation, where they could be affected by activities, structures or facilities. ';
49. in Paragraph 8 (2), "10" is replaced by "12."
50. In Section 9, the words "Decision to grant consent 'are replaced by" Consent'.
51. in Article 9, point (a) is deleted;
Points (b) to (g) shall be renumbered as points (a) to (f).
52. in Article 9, point (e) is deleted;
Point (f) shall be renumbered as point (e).
53.In Paragraph 10 (2), "11" is replaced by "13."
54. in Paragraph 11a (2), "12" is replaced by "14."
55. Paragraph 11c is deleted, including the title.
56. in Paragraph 11d (2), "14" is replaced by "15."
57. In the heading of Section 11e, the words ", water treatment 'and the words" Paragraph 15 (2)' are replaced by the words "Paragraph 15a (3) '.
58. in Article 11e (1) (f), the words "with the territorial consent or, where appropriate, the territorial decision" shall be inserted after the word "construction."
(59) In Paragraph 11e, the following paragraph 2 is inserted after paragraph 1:
"(2) In the cases referred to in Section 177 (3) of the Construction Act, only a simple technical description of the works shall be submitted. ';
Paragraph 2 shall become paragraph 3.
60. in Paragraph 11e (3), the words "or 2" shall be inserted after the words "paragraph 1" and the number "15" shall be replaced by "16."
61. in Paragraph 11f (2), "16" is replaced by "17."
62. In Article 11g (2), the words "depending on the nature of the type of handling of the waters" shall be inserted after the words "18 or 19."
63. The following Sections 11h to 11q are inserted after Section 11g, including the headings and footnotes 9 to 12:
Notification of water works intended for the treatment of waste water into a capacity of 50 equivalent inhabitants, the essential part of which is the CE-labelled products under a specific legislation 8)
(K § 15a (1) and (2) of the Water Act)
The notification of water works intended for the treatment of waste water up to a capacity of 50 equivalent inhabitants, the essential part of which is the products referred to by the CE under the special legislation8), shall be submitted by the builder to the water authority on a prescribed form, the contents of which are set out in Annex 20.
Documents for establishing or amending the water source protection zone
(Paragraph 30 (6) of the Water Act)
(1) The applicant submits to the application for the establishment of a water source protection zone
(a) the documents provided for in the Decree governing the principles for the establishment and modification of waterconservation zones (9);
(b) a copy of the cadastral map showing the progress of the border of the protection zone by means of a map mark in accordance with the special legislature10);
(c) a record of the detailed measurement of the changes containing the geometric and position identification of the protection zone, unless its boundary is identical to the parcel boundaries of the cadastral map;
(d) a list of the properties by municipality and cadastral territory, indicating the parcel numbers on which the protection zone or zones are proposed;
(e) decisions, opinions, opinions, agreements, assessments or, where appropriate, other measures of the authorities concerned concerning the case, where specific legislation so requires by the applicant,
(f) a copy of the permit for the construction of the waterworks and the approval decision or approval, if the protection zone is related to the existing waterworks and has been issued in the past by an authority other than the authority responsible for the establishment of the protection zone today; Paragraph 125 (1) of the Construction Act is without prejudice to:
(g) a copy of the authorisation for the handling of surface or groundwater in the event that the protection zone is related to such handling and has in the past been issued by an authority other than the authority responsible for establishing the protection zone today,
(h) the opinion of the river basin administrator on the proposed scope of the protection zone;
(i) the statement of the relevant water flow manager where the request for the establishment of the protection zone relates to that water flow.
(2) The applicant shall submit to the application for modification of the protection zone, according to the nature of the change, the documents referred to in paragraph 1 and, where the protection zone is not a water tank, proof that it is authorised under Paragraph 8 (2) of the Water Act to handle the surface or groundwater water for which the protection zone has been established.
(3) The documents referred to in paragraphs 1 and 2 shall be submitted by the applicant to the water authority together with the application on the prescribed form, the particulars of which are set out in Annex No 21.
Details of measures of a general nature concerning the establishment of a water source protection zone
Measures of a general nature establishing a water source protection zone shall include:
(a) the purpose and degree or, where appropriate, the degree of the protection zone;
(b) the scope of the protection zone with the indication of the parcel numbers of the land according to the cadastral property to which the protection zone is affected, where appropriate, the geometric and location identification of the protection zone, unless its border is identical to the parcel boundaries of the cadastral map;
(c) the name of the watercourse, the number of the hydrological order of the river basin, the name and the code of the water body and the indication of the river kilometer of the water flow (station) when the protection zone concerns the source of surface water;
(d) the number of the hydrogeological area and the body of groundwater where the protection zone concerns the source of groundwater;
(e) the extent of activities which are prohibited or restricted in the protection zone, including the scope of technical measures which the person authorised to collect surface water or groundwater is required to carry out in the protection zone.
Documents for the determination or modification of the waterworks protection zone
(K § 58 (3) of the Water Act)
(1) The applicant submits to the application for the establishment of a waterworks protection zone:
(a) the situation of the wider relationship of the proposed protection zone and its surroundings, schematically drawn into the map base, usually on the scale of 1: 10 000 to 1: 50 000;
(b) a copy of the cadastral map showing the progress of the border of the protection zone by means of a map mark in accordance with the special legislature10);
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Regulation Information
| Citation | Decree No. 336 / 2011 Coll., amending Decree No. 432 / 2001 Coll., on documents of application for a decision or observations and on the formalities for authorisation, consent and opinion of the Water Authority, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.11.2011 |
|---|---|
| Effective from | 06.12.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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