Decree of the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on water payments
Valid
Effective from 01.01.1980
35
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 27 February 1979
on water payments
The Government of the Czechoslovak Socialist Republic orders pursuant to § 43 paragraphs 1 and 2, § 44 and 45 of Act No. 138 / 1973 Coll., on Water (Water Act):
Payment for water collection from water streams
Organisations that collect water from watercourses in quantities exceeding 15 000 m3 per year or 1250 m3 per month shall pay fees to the watercourses manager or, where appropriate, to the watercourses manager of the area where the water takes place, at the rate set by the price regulation.1)
(1) The obligation to pay the remuneration does not apply to water withdrawals from the watercourses referred to in § 43 (2) of the Water Act and to withdrawals
(a) water for the introduction of ponds, fish hatcheries and pouches, blind arms of watercourses and other tanks forming protected biotope plants and animals;
(b) ocal waters for forest production and water to maintain the water conditions of agricultural parcels;
(c) water for the needs of the armed forces of the Czechoslovak Socialist Republic and the armed allied forces on the territory of the military escape.
(2) The sludge waters for agricultural and forest production are water extracted from the water stream at increased flows (water conditions) for irrigation. The water-management authority shall establish a lower limit of the increased flow (water-state) for the water-flow sections allowing the collection of ocal waters, in relation to the watery or other altitudes under local conditions.
Compensation for groundwater sampling
Underwater withdrawals (3) (hereinafter referred to as "withdrawals') organisations whose withdrawals exceed 15 000 m3 per year or 1250 m3 per month (hereinafter referred to as" the receiving organisation ') are obliged to pay locally to the competent water flow manager4) (hereinafter referred to as "the flow manager').
The obligation to pay fees shall not apply to withdrawals:
(a) public pipelines;
(b) for the supply of housing or public water pipelines from the establishments of the collecting organisations, provided that they are separately measured;
(c) for the purposes for which the use of drinking water is provided for by specific provisions, (5) if these samples are separately measured; the total quantity of water collected and the amount of water not covered by the obligation to pay the remuneration shall be measured for multi-purpose sampling which cannot be measured separately, shall be determined according to the annual indicative water consumption numbers, 5a)
(d) for the needs of the armed forces of the Czechoslovak Socialist Republic and the armed forces of the Allied Forces in the territory of military escapades,
(e) receiving groundwater not used for the operational purposes of the organisation;
(f) artificial infiltration of surface water, provided that the actual extraction of surface water is subject to payment;
(g) geothermal groundwater for energy use;
(h) in cases where, from a water-based point of view, the use of groundwater as drinking water is not effective as determined by the central water-management authority of the Republic; the individual cases shall be determined by that authority on the basis of proven need and for a limited period of time.
The remuneration is Kčs 2, - for 1 m3 of groundwater taken.
If the receiving organisation is not obliged to measure the water meters, 6) it shall keep a record of the samples and have documentation of their size and time distribution available. Where the sampling organisation does not show by this documentation the quantity of sampling, the payment shall be determined on the basis of the quantity of sampling indicated in the authorisation of the water operator for that collection.
(1) The collecting organisation shall notify the flow manager annually by 31 October of the total quantity of next year's withdrawals, indicating the individual withdrawals (hereinafter referred to as the notification). The notification shall also specify the withdrawals not subject to the obligation to pay the fees referred to in Article 4.
(2) If the withdrawal is authorised after the deadline for notification, the receiving organisation shall submit the notification within two months of the date on which the first withdrawal took place.
(3) The flow manager shall calculate the advance payment for the following year and shall notify its withdrawal organisation by 30 November. The advance payment shall be due by 30 September of the current year.
(4) The collecting organisation shall notify the flow manager by 15 February of the actual amount of withdrawals for the previous year.6)
(5) The flow manager shall calculate the annual remuneration according to the actual quantity of withdrawals and shall charge arrears or overpayments for the previous year by 31 March. Repayments and overpayments shall be due within 15 days of the date of receipt of the bill.
(6) If the collecting organisation fails to pay the payments referred to in paragraphs 3 and 5, it shall be obliged to pay for each day of delay a default fee of 1% of the amount not paid in due time. The same applies to the repayment of the overpayment by the flow manager.
Transitional and final provisions
In matters relating to State defence, the flow managers shall proceed as directed by the Central Water Authority of the Republic, issued in agreement with the Federal Ministry of Defence.
The flow manager shall adjust the amount of remuneration for the period from the application of this law until the end of 1992 and communicate it to the polluter in accordance with Paragraph 13 (4).
They shall be deleted:
1. the Decree of the Ministry of Energy and Water Management No. 73 / 1960 Coll., on Refunds for the Collection of Surface Water, as amended by Decree of the Ministry of Agriculture, Forestry and Water Management No. 20 / 1963 Coll., and Government Decree No. 99 / 1966 Coll.;
2. Government Decree No. 16 / 1966 Coll., on compensation for discharges of uncleaned or poorly cleaned waste water into water streams.
This Regulation shall enter into force on 1 January 1980, with the exception of the provisions of Sections 12 and 13 (1) to (3), which shall take effect on the day of its publication.
Dr Strougal v. r.
1) Price list of wholesale prices Department 795 1 - Surface water registered. No VC-17-1, approved by the Federal Price Office No 1011 / S / FCU-07 / KPC / 2 / 75 of 20.1.1975 (Price Gazette, amount 18 / 1975).
2) Act No. 169 / 1949 Coll., on Military Departures.
3) Article 2 of the Water Act.
4) Watercourses managers of water-relevant importance are the State Water Management Organisations of the Water Elbe, the Water Water Vltava, the Water of the Ohře, the Morava, the Water Oder, the Water Danube, the Water Libra, the Water Hron, and the Water Bodrog and Hornád.
5) Sections 7 and 8 of the Decree of the Ministry of Health No. 45 / 1966 Coll., on the creation and protection of healthy living conditions.
5a) Decree of the Ministry of Forestry and Water Management of ČSR No. 144 / 1978 Coll., on public water ducts and public sewerage. Decree of the Ministry of Forestry and Water Management of SSR No. 154 / 1978 Coll., on Public Water and Public Sewerage.
6) Decree of the Ministry of Forestry and Water ČSR No. 63 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to report data on their collection. Decree of the Ministry of Forestry and Water Management of the SSR No. 170 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to notify data on their collection.
6a) Decree of the Government of the Czech Republic No. 25 / 1975 Coll. Ordinance of the Government of the SSR No. 30 / 1975 Coll., establishing the parameters for the permissible degree of water pollution.
7) Decree of the Federal Ministry of Technical and Investment Development No. 163 / 1973 Coll., on documentation of buildings, as amended by Decree No. 31 / 1976 Coll., Decree No. 76 / 1977 Coll. and Decree No. 68 / 1978 Coll.
7a) § 23 paragraphs 1 and 2 of Act No. 138 / 1973 Coll., on Water (Water Act).
8) Decree of the Ministry of Forestry and Water Management of ČSR No. 28 / 1975 Coll., which determines water flows and their water catchment areas and establishes a list of water-relevant watercourses. Decree of the Ministry of Forestry and Water Management of SSR No. 10 / 1977 Coll., which determines water flows and their catchment areas and establishes a list of water-related flows.
9) Annual amount of pollution means the actual amount of pollution during the calendar year, regardless of the number of working days and the variation in the level of pollution in each period. For the purposes of calculating the rate for waste water with a BSK5 pollution indicator and undissolved substances only, if the discharge organisation discharges waste water for less than 250 days a year, the discharge pollution shall be converted to 250 days for this purpose. This shall not apply to cases of annual uneven or alternating or otherwise changing discharges of waste water and pollution.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll., on payments in water management |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1979 |
|---|---|
| Effective from | 01.01.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0