Act No. 349 / 2009 Coll.
Act amending Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, and Act No. 161 / 1999 Coll., declaring the National Park of Czech Switzerland, and amending Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, as amended
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Effective from 01.12.2009
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349
THE LAW
of 11 September 2009
amending Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended, and Act No. 161 / 1999 Coll., declaring the National Park of Czech Switzerland, and amending Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Nature and Landscape Conservation Act
Act No. 114 / 1992 Coll., on Nature Protection and Landscape Protection, as amended by Act No. 289 / 1995 Coll., the Constitutional Court found under Act No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll., Act No. 161 / 1999 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 167 / 2008 Coll., Act No. 312 / 2008 Coll., Act No. 212 / 2006 Coll.
1. in Article 3 (1) (d):
"(d) a wild animal (" the animal ") is an individual of an animal species whose population is kept in the wild spontaneously, including an individual bred in human care released in accordance with legislation. The animal means all development stages of the individual. An individual of a wild population of domesticated species shall not be considered as a wild animal, '.
2. in Article 3 (1), the following point (e) is inserted after point (d):
"(e) an animal bred in human care is an individual of an animal species born and bred in a controlled environment (1) as a descendant of parents acquired in accordance with this Act and the legislation in the field of trafficking in endangered species (1a);
1) Article 1 (4) of Commission Regulation (EC) No 865 / 2006 of 4 May 2006 laying down detailed rules for the application of Council Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora by regulating trade in those species.
(1a) Act No. 100 / 2004 Coll., on the protection of species of wild fauna and flora by regulating trade therein and other measures to protect those species and amending certain laws (Act on Trade in Endangered Species), as amended by Act No. 444 / 2005 Coll. Council Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora by regulating trade therein. Commission Regulation (EC) No 865 / 2006 laying down detailed rules for the application of Council Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora by regulating trade in those species. ';
Points (e) to (t) shall be renumbered as points (f) to (u).
Footnotes 1 to 1e to date are referred to as footnotes 1b to 1g, including the footnotes.
3. in Article 3 (1) (f):
"(f) a rescue station is a facility which provides comprehensive care for all animals temporarily unable to survive in the wild in order to return them to the wild, providing, where appropriate and appropriate in view of their health, adequate long-term care, information on the causes of the threats and the appropriate means of animal protection, and may cooperate in the implementation of measures to prevent injury or mortality;"
4. In Article 3 (1) (h), the word "fourth 'is replaced by the word" fifth'.
5. in Article 3 (1) (r):
"(r) Natura 20001g) is a coherent European system of territory with a set degree of protection that allows the conservation of the types of European habitats (1d) and habitats (1f) in their natural area of enlargement in a state favourable to protection or, where appropriate, to restore that status. On the territory of the Czech Republic, Natura 2000 consists of defined bird areas and declared European sites, '.
6. in Article 3 (1), the following point (u) is inserted after point (t):
"(u) the integrity of a European site or bird area means the consistency of the ecological structures and functions of a European site or bird area assessed in relation to the subjects of their protection;"
Point (u) shall be renumbered as point (v).
7. In Article 3 (2), the words "Those European habitat types [paragraph 1 (m)], including priority species, and those of European importance species [paragraph 1 (n)], including priority species' are replaced by the words" Types of European habitats and European importance species'.
8. Paragraph 4 (3), including footnote 3a, reads as follows:
"(3) The binding opinion of the Nature Protection Authority from the point of view of this Act is also necessary for the approval of forest economic plans and for the protocol transmission of forest economic syllables (2), for deforestation and afforestation of land over 0,5 ha and for the construction of forest roads and forest melioration systems. The binding opinion of the Nature Protection Authority shall not be required for crop and mining interventions in forests carried out in accordance with the forest economic plan or protocol taken over by the forest economic curriculum and in the event of accidental mining. A binding opinion on the approval of forest economic plans and the protocol transmission of forest economic curricula shall be issued at the request of the competent authority of the state administration of forests. The binding opinions issued after 60 days following receipt of the request to the competent nature conservation authority shall not be taken into account. If the owner (3a) asks for a preliminary information pursuant to Paragraph 90 (17) on the conditions for the issuance of a consensual binding opinion on the approval of the forestry plan, the competent authority shall, as a general rule, provide this information at the date of the basic investigation, no later than 60 days after receipt of the request.
3a) Article 58 (1) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws, as amended. '
9. In Section 4, the following paragraph 4 is added:
"(4) In the context of the procedure for issuing the binding opinion referred to in paragraph 3, the nature conservation authority shall also carry out an evaluation of the consequences of forest plans and forest economic curricula for European sites or bird areas. The nature conservation authority shall not give a favourable binding opinion on the approval of forest economic plans and the protocol for the transmission of forest economic curricula if they have a significant negative impact on the favourable status of the object of protection of a European site or bird area. In other cases, the nature conservation authority shall issue a favourable binding opinion. The binding opinion on the approval of forest economic plans and the protocol transmission of forest economic curricula shall replace the reasoned opinion referred to in Article 45i (1). The procedure for assessing the consequences of forest economic plans and forest economic curricula shall not apply to the provisions of specific legislation on environmental impact assessment (3b).
3b) Act No. 100 / 2001 Coll., on Environmental Impact Assessment and the amendment of certain related laws (Act on Environmental Impact Assessment), as amended. '.
10. in Article 5 (5), the word "species" shall be inserted after the word "cross-breeds."
11. in Article 5, the following paragraph 6 is inserted after paragraph 5:
"(6) The nature conservation authority may decide, in accordance with specific legislation4b, to catch geographically non-native animals, including the setting of conditions."
Paragraphs 6 to 10 shall become paragraphs 7 to 11.
12. Paragraph 5 (9) reads as follows:
"(9) The rescue station may be operated only on the basis of a decision of the Ministry of the Environment to permit the operation of the rescue station, within which the location of the rescue station is determined, its territorial scope and the extent of care that the rescue station may provide with regard to its equipment and expertise. The application for authorisation to operate a rescue station shall propose the scope of the care provided, the definition of territorial scope and describe its personnel, organisational and technical reinsurance. The Ministry of the Environment shall seek the opinion of the local competent authority for the protection of animals, hunting and veterinary services (4b) for the decision. The designation" rescue station 'may only be used by those who hold a valid permit to operate the station under this provision ("rescue station operator'). The Ministry of the Environment shall keep an overview of the rescue stations and publish them in a way that allows remote access. '
13. Paragraph 5a (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
14. in Paragraph 5b (4), the words' implementing legislation 'shall be replaced by' general measures which ';
15. in Article 8 (1) to (3), including footnotes 6 to 6b:
"(1) The permit of the nature conservation authority is necessary for the felling of timber, unless otherwise specified. Authorisations may be issued for serious reasons after evaluation of the functional and aesthetic importance of the trees. A permit to cut timber on road land may be issued by the Nature Protection Authority only in agreement with the Road Administration Office (6), and a permit to cut timber on railway tracks may be issued by the Nature Protection Authority only in agreement with the Railway Administration (6a).
(2) The authorisation does not need to be used for felling of timber for growing purposes, that is to say, for the purpose of restoring the crops or for the purpose of conducting the breeding process, for the maintenance of coastal crops carried out in the management of watercourses, for the removal of timber in the protection zone of the installations of the electricity and gas systems carried out in the operation of these systems 6b) and for health reasons, unless otherwise provided in this Act. For these reasons, cutting shall be notified in writing at least 15 days in advance to the nature conservation authority, which may suspend, restrict or prohibit them if they contravene the requirements for the protection of timber.
(3) Authorisations shall not be required to cut down timber with a specified size or other characteristics. This size or other characteristics shall be determined by the Ministry of the Environment by means of a generally binding legislation.
6) Paragraph 15 (2) of Act No. 13 / 1997 Coll., on Road, as amended by Act No. 80 / 2006 Coll. and Act No. 186 / 2006 Coll.
6a) Paragraph 10 (1) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 175 / 2002 Coll.
6b) For example, § 47 (2) (b) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), § 24 (3) (g), § 25 (4) (h), § 58 (1) (f) and § 59 (1) (f) of Act No. 458 / 2000 Coll., on the conditions of business and on the exercise of state administration in the energy sector and on the amendment of certain laws (Energy Act), as amended. '
16. in Paragraph 8 (5):
"(5) The Ministry of the Environment shall, by means of implementing legislation, lay down illegal interference in timber which is contrary to the requirements for their protection, the particulars of the application for authorisation for the felling of timber growing outside the forest, the particulars of the notification of felling of timber and the period during which felling of timber is usually carried out. '.
17. in Paragraph 19 (2), the words "in the form of a general order" shall be replaced by the words "measures of a general nature."
18. In the first sentence of Article 20 (2), the words "and regions' shall be inserted after the words" representatives of the municipalities'.
19. in Paragraph 24 (2), the second sentence is deleted;
20. Paragraph 24 (3) reads:
"(3) The amount of the fees referred to in paragraphs 1 and 2, the number of persons exempt from the fee, the model of the fee confirmation or exemption certificate and the identification of the selected places in the territory of the national park to which the entry fee is payable, shall be determined by the Ministry of the Environment by implementing legislation. ';
21. in Paragraph 29 (d):
"(d) enter and enter outside roads marked with the consent of the nature protection authority, except for landowners and landowners, persons providing forest and agricultural management, State defence and protection of state borders, fire protection, health and veterinary services, in the performance of that activity,";
22. In the first sentence of Article 37 (1), the words "with the exception of the protected landscape area 'shall be inserted after the words" specially protected areas'.
23. Paragraph 37 (2) reads:
"(2) The approval of the nature conservation authority shall be necessary for the construction, field and water treatment, the use of chemical means and changes in the culture of the parcel in the protection zone. ';
24. In Paragraph 39, the sentence "Protection of European sites of importance shall be given priority in cooperation with land owners' is inserted at the beginning of paragraph 1, and in the second sentence, the words" the authority which is entitled to publish them 'shall be replaced by the words "the competent authority of nature protection'.
25.
Procedure for the declaration of specially protected territories and protection zones of those specially protected territories
(1) Where it is necessary to declare a specially protected area or its protection zone or to define zones for the protection of a national park or a protected landscape area in accordance with Part Three of this Act, the Nature Protection Authority shall ensure that the proposal for the declaration of a specially protected area, its protection zone or the proposal for the establishment of a zone for the protection of a national park or a protected landscape area is processed. In the proposal, the Nature Protection Authority shall evaluate the state of the preserved natural environment in the territory and propose the appropriate method and scope of protection of the territory, including its closer protection conditions.
(2) The proposal to declare a national natural reserve, a natural reserve, a national natural monument, a natural monument or a protection zone of these specially protected areas will be sent by the nature protection authority responsible for their publication to municipalities and regions whose territory is affected by the proposal. Furthermore, the property owners concerned by the proposal and registered in the property register shall send a written notice of the submission of the application for consideration, together with information on where it is possible to read its full text, who is entitled to object to it and when the time limit for their submission expires. The notice shall also be published on the public administration portal.
(3) The proposal for the declaration of a national park or a protected landscape area or its protection zone, or the definition of zones for the protection of a national park or a protected landscape area, shall be sent by the Ministry of the Environment to municipalities and regions whose territory is affected by the proposal. Owners of real estate registered in a cadastral property situated in a territory to be reclassified under this proposal in the first or second zone of national park protection or a protected landscape area, or whose degree of protection is to be increased under this proposal by the inclusion of such a territory in the first or second zone of national park protection or a protected landscape area, shall send the Ministry of the Environment a written notification of the submission of the proposal for consideration, together with information on where it is possible to read its full text, who is entitled to object to it, and when the deadline for their submission expires. In addition, the Ministry of the Environment shall publish a notice of submission of the proposal for consideration, together with information on where it is possible to read the full text of the proposal, who is entitled to object to it and when the deadline for their submission expires on the public administration portal. The municipalities concerned shall be notified of the submission of the application for consideration by a public order pursuant to Article 25 of the Administrative Regulation within 5 days of the date on which the application was received. In addition to the notification of the submission of a proposal to the municipality concerned, it shall provide information on where the full text of the proposal can be understood, who is entitled to object to it and when the time limit for their submission expires.
(4) Written objections to the submitted proposal may be raised by the municipalities and counties concerned within 90 days of receipt of the application and by the owners of the property concerned by the proposed protection within 90 days of receipt of the written notice of submission of the application for consideration, if such written notice is to be sent to the owner of the property, otherwise within 90 days of the date of publication of the notice referred to in paragraph 2 or, where appropriate, by a public notice pursuant to paragraph 3. Any objection to the proposal referred to in paragraph 2 shall be submitted to the nature conservation authority responsible for the declaration of the specially protected territory or its protection zone, the opposition referred to in paragraph 3 to the Ministry of the Environment; objections raised after that period shall not be taken into account. The owner shall be entitled to object only to such proposed method or scope of protection as would affect the exercise of his rights or obligations. The nature conservation authority shall decide on the objections received within 60 days of the expiry of the period for the objection. Each objection shall, as a general rule, be decided in a joint procedure. The nature conservation authority shall bring the proposal into line with the objections which have been granted.
(5) The requirements and content of the proposal referred to in paragraph 1 are laid down by the Ministry of the Environment by implementing legislation.
(6) When defining the method or scope of protection of the specially protected territory or zones of protection of the national park or landscape area, the provisions of paragraphs 1 to 4 shall be applied mutatis mutandis.
(7) The restrictions on the owners of the property concerned or the scope of protection under the legislation declaring or amending the specially protected territory or its protection zone or defining or adapting zones for the protection of the national park or protected landscape area shall not exceed the scope of the restriction or scope of protection resulting from the proposal referred to in paragraph 1, as modified in accordance with the decision on objections referred to in paragraph 2 or 3, provided that the existing protection conditions or the scope of protection of the territory would be strengthened or extended. ';
Article 26 (43), including the title:
Exemptions from prohibitions in specially protected territories
(1) Exemptions from the prohibitions in the specially protected territories provided for in Articles 16, 26, 29, 34, 35 (2), 36 (2), 45h and 45i, where the public interest is significantly outweighed by the interest of nature protection, are approved by the Government in each individual case by a resolution.
(2) The regulatory authority responsible for granting the exemption referred to in paragraph 1 shall be the Ministry of the Environment. The Ministry shall, upon receipt of a request for exemption, submit the request within 60 days at the hearing of the Government. Within 30 days of being consulted by the Government, the Ministry shall issue a decision in accordance with the Government's resolution.
(3) Exemptions from the prohibitions in the specially protected territories provided for in Articles 16, 26, 29, 34, 35 (2) and 36 (2) may be allowed where other public interest outweighs the interest of nature protection or in the interest of nature protection, or where the activity authorised does not significantly affect the conservation of the conservation of the protected territory.
(4) The exemptions referred to in paragraph 3 shall be granted by the competent authority of nature and landscape conservation. ';
27. in Article 45a (2), the words "or, if there is insufficient protection in accordance with Article 45c (2), at the end of the text of point (c)," shall be added. "
28. in Paragraph 45a (4):
"(4) The Ministry of the Environment in the Collection of Laws shall notify the disputed sites by means of a communication."
29. in Article 45b (2), the words "for a specially protected territory or for the entry into force of contractual protection" shall be replaced by the words "under Article 45c (1) for a European site included in the European list."
30. § 45c, including the title reads:
Protection of European sites
(1) Within 90 days of the entry into force of the relevant decision of the Commission, the government shall declare European sites included in the European list by means of a regulation indicating for each European site its name, geographical location and area. The method of marking declared European sites in the field and map documents shall be laid down by the Ministry of the Environment by decree.
(2) The European sites declared in accordance with paragraph 1 are protected against damage and destruction. They shall only be used in such a way as to avoid serious or irreversible damage or destruction of European habitats or habitats of European significant species requiring territorial protection of their subject-matter and to avoid undermining their integrity. Interventions that could lead to such undesirable consequences must be preceded by the consent of the nature authority. This paragraph shall apply to the territory of a European site declared in accordance with paragraph 1 only if they are not protected under Part Three of this Act. Protection under the second and fifth sections of this Act and the provisions of Sections 45h and 45i are not affected.
(3) In order to maintain or improve the preserved status of conservation objects in European sites, the Ministry of the Environment ensures the processing of summaries of recommended measures for European sites. Summaries of recommended measures for European sites and bird areas are transmitted by the Ministry of Environment to the Central Nature Protection List and published on the Public Administration Portal.
(4) In order to ensure that European habitats or habitats of European importance species are maintained in a favourable state, the territory of the European sites or parts thereof may be declared as specially protected areas or established under Paragraph 39 of this Article. In order to maintain the favourable status of the subject-matter of protection of a European significant site more stringent than that provided for in paragraph 2, the Government shall, by regulation, provide for more stringent protection for this European important site or part of a category of specially protected territory in which the competent nature conservation authorities declare them not to be covered by the contract. This is the case for the Government where this European-important site is not yet declared a specially protected area and its protection is not guaranteed even contractually under Paragraph 39.
(5) The nature conservation authorities shall, within 30 days of the date of publication of the Decree of the Government referred to in paragraph 1 in the Collection of Laws, notify the owners of the land in European sites or parts thereof, whose protection under the Decree of the Government pursuant to paragraph 45a (2) needs to be ensured by declaring a specially protected territory that their protection on the land in question, if it is permitted by Paragraph 39, may be provided by contract. If, within 60 days of the date of receipt of the notification, the owner of the land does not take any written action to conclude the contract or, on the basis of that act, the contract referred to in Paragraph 39 shall not be concluded within two years, the European site shall be declared as a specially protected area in the category of protection laid down by the national list, in accordance with the procedure laid down by this law for the publication of the specially protected territory of the category concerned. The declaration of specially protected areas referred to in paragraph 4 shall be made by the competent nature conservation authorities no later than 6 years after the site has been included in the European list. ';
31. In the first sentence of Paragraph 45h (1), the words "affect the territory" shall be replaced by the words "affect the favourable situation of the subject-matter of protection or integrity," and in the second sentence, the words "as well as the forestry plans and the forestry syllables for which the binding opinion referred to in Article 4 (3) shall, in that case, take into account Article 6 (3) and (4) of Council Directive 92 / 43 / EEC" shall be deleted.
32. in § 45h (2), the words "or § 4 (4)" shall be inserted after the words "if § 45i."
33. in Paragraph 45i (1):
"(1) Any person intending to adopt a concept or to implement an intention referred to in Article 45h (1) (hereinafter referred to as" the petitioner ") shall be obliged to submit a draft concept or intention to submit to the nature protection authority an opinion on whether, individually or in conjunction with other concepts or intentions, it may have a significant impact on the favourable status of the object of protection or the integrity of the European site or bird area. The Nature Protection Authority shall deliver a reasoned opinion within 30 days of the date of receipt of the request. ';
34. in Paragraph 45i (8), the words "negative impact on the territory" are replaced by the words "significant negative impact on the favourable state of the object of protection or integrity."
35. in § 45i paragraphs 9 to 11 read:
"(9) Where the assessment referred to in paragraph 2 demonstrates a negative impact on the favourable status of the object of protection or the integrity of the European site or bird area and there is no variant without negative influence, only a variant with the least possible negative influence may be approved, only for imperative reasons of overriding public interest and only after the imposition and provision of the compensatory measures necessary to ensure the overall coherence of the system of birds' areas and European sites referred to in paragraph 11. Compensation measures for conceptual purposes means ensuring the possibility of replacing the site by implementing the concept in a similar scale and quality and with the same degree of commitment and specificity as the approved concept or its individual parts. Compensation measures for the purpose of the project are the creation of conditions for maintaining or improving the intended object of protection in the same location or replacing the site with another site of similar size and quality.
(10) If there is a negative impact on a site with priority habitat types or priority species, the concept or intention may be approved only for reasons relating to public health, public safety or the beneficial effects of undisputed environmental importance. Other urgent reasons of overriding public interest may be justified only in accordance with the opinion of the Commission. In this case, the Ministry of the Environment shall, on request of the competent authority, request an opinion from the Commission; from the date of dispatch of the request for an opinion until the date of receipt of the opinion, the time limit in the relevant proceedings shall not run. In addition, paragraph 9 shall be treated mutatis mutandis.
(11) Where compensatory measures are indicated in the opinion on the environmental impact assessment of the implementation of the project or concept, only those compensatory measures may be provided for by the nature protection authority. The compensation measures referred to in paragraph 9 for the purposes of the concept, including the proposal for measures to ensure them, shall be determined by the Nature Protection Authority. These compensatory measures must be included in the concept. The compensation measure referred to in paragraph 9 for the purpose of the project shall be determined by decision of the nature conservation authority on the basis of a request from the authority responsible for approving the project; the imposition and provision of compensatory measures is justified in this case for the interruption of the procedure conducted by the competent authority. The competent nature conservation authority shall without delay inform the Ministry of the Environment of the compensatory measures imposed and the manner in which they are secured, which shall inform the Commission. ';
36. In Paragraph 49 (2), the words "this law 'are replaced by the words" paragraph 1'.
37. in Paragraph 49 (4):
"(4) The provisions of paragraph 2 (a) shall not apply to species at critical and severe risk. In the case of the normal management of parcels with a presence of critical or severely endangered plant species, nature conservation authorities may conclude an agreement with the owner or lessee of the land on the management method. If the owner or lessee of the land shows a written interest in the conclusion of the agreement, the nature protection authority shall, within 30 days, open negotiations on the agreement. The nature conservation authority shall verify that there is no other satisfactory solution, one of the reasons referred to in Article 56 (1) or (2) is given, and the proposed management method shall not affect the achievement or maintenance of a favourable state of the species covered by protection under European Community law on the site (10). This must be explicitly stated in the agreement. The Agreement replaces the exemption provided for in Article 56. '
38. Paragraph 54 (3) to (5), including footnotes 20b to 20e, reads:
"(3) The release of specially protected animals bred in human care into the countryside and the planting or planting of artificially propagated 20a) specially protected plants outside the cultures and built-up territory of municipalities may only be authorised by the nature conservation authority. The nature conservation authority shall give its consent where there is no risk of deterioration in the state of the wild population and where the release, planting or introduction is concerned on the site of the original occurrence of the species concerned in order to restore its population or stabilise or strengthen existing stocks. The nature conservation authority shall not give its consent where the discharge, planting or planting should take place on the area for the location of the management of the transport infrastructure as defined in the zoning plan 20b. The prohibitions set out in Sections 5a (1) and (2) and in Section 50 (2) shall not apply for a period of 2 months from the date of deletion to selected specially protected species. The list of selected specially protected species shall be established by the Ministry of the Environment by implementing legislation.
(4) Nature conservation authorities shall decide that they are animals bred in human care (hereinafter referred to as certificates) 20c. The certificate shall be a public instrument. The prohibitions laid down in Sections 5a (1) and (2) and in Section 50 (2) shall not apply to an animal reared in human care for which a nature conservation body has issued a certificate. A certificate of exemption from the prohibition of commercial activities issued for a specimen of an animal species born and bred in captivity in accordance with the directly applicable regulation of the European Communities governing trade in endangered species (20d) shall replace the certificate referred to in this paragraph.
(5) Certification may be requested by the nature conservation authority of:
(a) have kept the animal bred in human care and unmistakable and permanently marked it by means of a marking method in accordance with the directly applicable regulation of the European Communities governing trade in endangered species (20e) (hereinafter referred to as "unmistakable and permanent marking"), or, if the physical characteristics of the specimen do not permit it to be marked by that method, has provided for another means of unmistakable and permanent identification;
(b) has been placed in possession of an unmistakably and permanently identified or unmistakably identified animal bred in human care from a Member State of the European Communities in accordance with the law of that Member State; or
(c) it has imported from a third country, in accordance with the rules in the field of trade in endangered species, unmistakably and permanently identified or unmistakably identified animals bred in human care.
20b) § 43 of Act No. 183 / 2006 Coll.
20c) Part Four of the Administrative Order.
20d) Article 8 (3) (d) of Council Regulation (EC) No 338 / 97.
(e) Article 66 of Commission Regulation (EC) No 865 / 2006. ';
39. In Article 54, paragraphs 6 to 11 are added:
"(6) The application for certification referred to in paragraph 5 (a) shall be submitted no later than 30 days after the birth of the animal reared in human care. In the case of an animal reared in human care imported or obtained in accordance with paragraph 5 (b). (b) or (c), the application must be submitted within 15 days of the date on which the import or acquisition took place. In addition to the application for certification, information on the non-interchangeable and permanent marking carried out, or other details specifying the identification of the animal bred in human care and the documents certifying the breeding in human care in accordance with this Act, or the lawful acquisition of the animal bred in human care, shall be submitted. The prohibition of holding referred to in Articles 5a (1) (e) and 50 (2) shall not apply to animals bred in human care for the period laid down for the submission of an application for a certificate in the cases referred to in the first and second sentences and for the period from application to certification.
(7) Where the nature conservation authority has no reasonable doubt as to the legal origin of the individual, it shall issue a certificate for animals reared in human care in accordance with paragraphs 5 and 6 within 30 days of the date on which the application for certification was received.
(8) The deliberate submission of incorrect data, the change in the designation of an animal bred in human care or the transfer of a mark to another individual is a reason for the nature protection authority to withdraw the certificate throughout the life of the individual for which the certificate was issued, or an individual designated as such. A change of marking for the purposes of this provision shall not be considered to be a change made due to a serious threat to the life or health of an animal bred in human care, provided that it has been notified to the Nature Protection Authority, with a justification, within 3 days of the date on which it occurred.
(9) In the event of a change in the owner or holder of the animal bred in human care, the certificate shall go simultaneously with the animal bred in human care to the new owner or holder. In the event of mortality or release into the wild of an animal bred in human care, the holder shall submit a certificate to the nature conservation authority which issued it within 30 working days of the date on which that fact occurred or became known. The certificate shall cease to be valid on the date on which that event occurred or was detected. In the event of the loss or theft of an animal bred in human care, the holder shall notify the body of nature conservation which issued the certificate within 30 working days of the date on which that fact occurred or became known. In such a case, the certificate shall cease to be valid within 1 year from the date on which the animal bred in human care was lost or stolen, unless found; after the expiry of this period, the holder of the animal bred in human care shall be required to submit the certificate to the nature conservation authority which issued it.
(10) A person holding an animal kept in human care for which a certificate has been issued shall, at the request of the nature conservation authority, submit a certificate for inspection and allow for inspection of the designation of the animal bred in human care. Where there is reasonable doubt as to the legal origin of the individual, the owner or holder shall be obliged to allow the nature conservation authority, with the provision of active synergies, to verify it, including the conduct of a paternality test. In the case of confirmation of illegal origin, the costs of verification of origin shall be borne by the owner or the holder of the animal reared in human care; the amount of the costs shall be determined by decision of the Nature Protection Authority. Otherwise, the costs of verifying the origin of the animal bred in human care shall be borne by the nature protection authority.
(11) The Ministry of the Environment shall, by means of implementing legislation, lay down the model of the certificate application, the model certificate, the methods for verifying the origin of the individual and the conditions for its implementation. ';
40.
Exemptions from the prohibitions on conservation trees and plant and animal species
(1) Exemptions from the prohibitions on conservation trees and specifically protected plant and animal species provided for in Sections 46 (2), 49 and 50 in cases where other public interest outweighs the interest of nature conservation or in the interest of nature conservation are permitted by the nature conservation authority. In the case of specially protected plant species and animals subject to protection under the law of the European Communities (10), the derogation provided for in the first sentence may be granted only if one of the reasons referred to in paragraph 2 is given, there is no other satisfactory solution and the permitted activity does not affect the achievement or maintenance of a favourable conservation status of the species.
(2) Exemptions from the prohibitions for specially protected plant and animal species may be granted
(a) in order to protect wild fauna and flora and to protect natural habitats;
(b) in order to prevent serious damage, in particular to crops, livestock, forests, fisheries, waters and other types of property;
(c) in the interests of public health or public security or for other imperative reasons of overriding public interest, including those of a social and economic nature, and those of undisputed environmental significance;
(d) for the purposes of research and training, resettlement of a particular territory of stocks of species or reintroduction in the original area of species and rearing and cultivation necessary for those purposes, including artificial plant reproduction;
(e) in the case of specially protected avian species for the purpose of catching, holding or other use of birds in small quantities.
(3) In the exemption decision, the nature conservation authority may provide for an obligation to designate an animal of a specially protected species with an unmistakable and permanent mark, as well as the conditions for carrying out the authorised activity.
(4) The nature conservation authority may also authorise an exemption concerning an unspecified circle of persons, subject to the conditions laid down in paragraphs 1 and 2, by measures of a general nature.
(5) In order to ensure the activities referred to in paragraph 2 (a) and (d), nature conservation authorities may conclude agreements with natural or legal persons in the interests of nature conservation. An agreement may be concluded only if there is no other satisfactory solution, the proposed action will not affect the achievement or maintenance of a favourable conservation status of the species and these justifications are explicitly stated in the agreement. This Agreement shall replace the exemption provided for in paragraph 1.
(6) For the Nature Protection Authority, the information requirement laid down in § 5b (5) shall apply when allowing exemptions from the prohibitions on specially protected plant and animal species or the conclusion of an agreement pursuant to paragraphs 5 and 49 (4). Article 5b (3) shall apply mutatis mutandis in the case of an exemption from the prohibitions on specially protected bird species for the content of the decision, the content of general measures and the content of the agreement referred to in paragraph 5. ';
41. In the first sentence of Article 58 (2), the words "or the restriction resulting from the measure in the plans for landscape environmental stability systems referred to in Article 4 (1) 'shall be inserted after the words" on their basis' and the words "This entitlement shall continue in the event of the transfer or transfer of ownership or rental rights. The lessee of the land may claim entitlement in the case of a retained claim by the owner of the land. ';
42. In the first sentence of Paragraph 67 (1), the word "fourth 'is replaced by the word" fifth'.
43.
(1) Municipal authorities
(a) with the exception of the territory of national parks, national natural reserves, national natural monuments, natural reserves, natural monuments and protection zones of these specially protected areas, permit felling of timber as referred to in Article 8 (1), impose replacement plantings as provided for in Article 9 and keep an overview of the land suitable for replacement planting as provided for in Article 9 (2);
(b) with the exception of the territory of national parks and their protection zones, they shall keep an overview of public access to special-purpose roads, paths and paths referred to in Article 63 (1) in their administrative district.
(2) Authorised municipal authorities (38), with the exception of national parks, protected landscape areas, national nature reserves, natural reserves, national natural monuments, natural monuments and their protection zones,
(a) issue binding opinions on the intervention of registered landscape elements in accordance with Article 4 (2), in so far as the territory of a European major site is not concerned, and register significant landscape elements in accordance with Article 6 (1);
(b) negotiate and revoke contracts for the conservation of a conservation tree provided for in Articles 39 and 45 (2); discuss projects for the declaration of conservation trees pursuant to Article 55 (1), issue decisions for the declaration of conservation trees pursuant to Article 46 (1), define their protection zones as referred to in Article 46 (3) and cancel the protection of conservation trees pursuant to Article 46 (4); transmit documents on the conservation trees and contractually protected conservation trees to the central list referred to in Article 47 (1);
(c) issue consent to the treatment of memorial trees pursuant to Article 46 (2), agree to the activities provided for in the conservation zones of the conservation trees referred to in Article 46 (3), allow exemptions from the prohibition on memorial trees provided for in Article 56 (1) and conclude agreements pursuant to Article 56 (5), if they go for memorial trees,
(d) give consent to the establishment or cancellation of publicly accessible special purpose communications, paths and paths outside the built-up territory of the municipalities referred to in Article 63 (1). "
Article 44 (77), including the title:
Scope of municipal authorities with extended scope
(1) The municipal authorities of the municipalities with extended competence in their administrative district, not for specially protected territories or their protection zones,
(a) issue binding opinions on interventions which could lead to the damage or destruction of a significant landscape element or to the threat or weakening of its eco-stabilization function, in so far as it is not a registered significant landscape element pursuant to Article 6 (1) and where it is not at the same time a European site;
(b) issue binding opinions on the deforestation and afforestation of land over 0,5 ha and on the construction of forest roads and forest melioration systems pursuant to Article 4 (3);
(c) issue measures of a general nature with regard to an unspecified range of persons or decide to restrict or prohibit the disruptive activity referred to in Article 5 (1), except in the case of specially protected species;
(d) decide to secure or use means to prevent excessive plant mortality and the injury or mortality of animals or the destruction of their habitats as referred to in Article 5 (3), unless they are specially protected species;
(e) issue authorisations for the distribution of geographical non-indigenous species of plants and animals and for the spread of cross-breeds into the countryside in accordance with Article 5 (4) and (5);
(f) decide to establish a derogation for the protection of birds pursuant to Article 5b (1);
(g) require the necessary intervention to be carried out, including the felling of timber, in accordance with Article 7 (2);
(h) accept wood felling notifications and decide on the suspension, restriction or prohibition of felling pursuant to Article 8 (2) and (4);
(i) require data on paleontological findings and request access to paleontological findings pursuant to Article 11;
(j) issue approvals for the placing and authorisation of buildings and other activities which could reduce or alter the landscape character referred to in Article 12 (2);
(k) decide to declare a temporarily protected area pursuant to Article 13 (1);
(l) may call for proof of the legal origin of plants specially protected, especially protected animals, birds or plants or animals protected under international conventions pursuant to Article 54 (1) and for proof of identity pursuant to Article 54 (2),
(m) in the case of birds protected under § 5a, issue certificates pursuant to § 54 (4) to (11) concerning the presence of an animal bred in human care, keep records of the certificates issued under § 54 (4) to (10), verify the origin and issue decisions setting the level of costs in the event of confirmation of the illegal origin of the animal bred in human care pursuant to § 54 (10);
(n) to the extent that they are competent, impose conditions for the exercise of activities which could cause an illegal change in, or prohibit, parts of nature, in general or in particular, protected parts of nature under Paragraph 66;
(o) exercise State supervision in the conservation of nature and landscape pursuant to § 85 (1);
(p) decide on the possibilities and conditions for entry into the original state in accordance with Paragraph 86 (1), impose on the implementation of adequate replacement measures pursuant to § 86 (2) and impose fines for offences pursuant to § 87 and administrative offences pursuant to § 88;
(q) implement opinions on territorial plans and regulatory plans in terms of their delegation and in terms of the delegation of municipal authorities and entrusted municipal authorities.
(2) The municipal authorities of the municipalities with extended scope shall define and evaluate the local environmental stability system referred to in Article 4 (1) outside the national parks, protected landscape areas and national parks protection zones.
(3) The municipal authorities of the municipalities with extended scope shall continue to operate in their administrative district, not by specially protected territories or their protection zones or by military escapes, state administration in the conservation of nature and landscape, unless another authority is competent. ';
45. Paragraph 77a, including the title and footnotes 39c and 39d, reads:
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Regulation Information
| Citation | Act No. 349 / 2009 Coll., amending Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, and Act No. 161 / 1999 Coll., declaring the Czech Switzerland National Park, and amending Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.10.2009 |
|---|---|
| Effective from | 01.12.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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