Decree No. 36 / 1987 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition on certain details of the protection of the agricultural land fund
Valid
Effective from 01.07.1987
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36
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 12 March 1987
adjusting certain details of the protection of the agricultural land fund
The Federal Ministry of Agriculture and Nutrition, pursuant to § 30 (1) of Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 75 / 1976 Coll., provides for the full text to be published under Act No. 124 / 1976 Coll. ("the Act '):
Part of the agricultural land fund
(1) means:
(a) temporarily uncultivated land which is temporarily unsuitable for agricultural production but may be reused for such production after agricultural reclamation;
(b) agricultural land temporarily withdrawn from agricultural production (hereinafter referred to as "temporarily withdrawn land");
(c) agricultural land used for non-agricultural purposes for a period of less than one year, including the introduction of land into its original state (hereinafter referred to as "temporary land used");
(d) land permanently withdrawn from agricultural production to be returned to agricultural production according to the approved recovery plan (hereinafter referred to as "permanently withdrawn land to be reclamated in agricultural production"),
(e) agricultural land which, after the entry into force of the Act 2, has been withdrawn from agricultural production without having been decided upon in accordance with the law ("illegally withdrawn land").
Changes within the agricultural land fund
(1) A decision to change within the agricultural fund3 means:
(a) a decision authorising the change of culture within the agricultural land managed, 1)
(b) a decision authorising the inclusion of agricultural land in the category of temporarily uncultivated land.
(2) The application for decision3) is submitted by the owner (user) of agricultural land.
(3) The application for a decision (3) must contain land data according to the property register, (4) the property characteristics and justification for the changes required; It is sufficient that these characteristics and justifications are part of the agronomic assessment of the plot and analysis submitted (paragraph 4).
(4) The proposal for a decision3) must be attached if:
(a) a change in the culture of arable land on a meadow or pasture, agronomic land assessment and analysis demonstrating that the criteria set out in Annex 1 are met and that the land will be used more rationally;
(b) the classification of an agricultural parcel as a temporary land not cultivated, the agronomic assessment of the land and the analysis showing that the land cannot be used for agricultural production without agricultural reclamation or extensive and rational use and can be agricultural reclamation.
Use of agricultural parcels
(1) Use of agricultural land for agricultural production5) means the use of such land in one of the crops of agricultural land managed by 1) for the production of agricultural products.
(3) In the interests of the rational use of agricultural land for agricultural production, organisations using agricultural land shall in particular:
(a) under natural and productive conditions, make proper use of all the agricultural land at their disposal, except for land which is not temporarily cultivated [Paragraph 2 (1) (b)];
(b) to apply modern methods of agri-engineering, the introduction of high-yield seed and seed varieties, as well as the use of scientifically justified rotational practices and compliance with agro-technical deadlines;
(c) apply rational plant nutrition; process, implement and evaluate fertilisation plans and soil response adjustment plans according to the results of soil analyses, participate in systematic control of the content of foreign substances in the soil and effectively prevent soil intoxication and, where appropriate, water sources from toxic substances;
(d) to ensure and make full use of all kinds of melliorative measures (drainage and irrigation) and surface treatment to improve soil properties and ensure their function, to berth the meliorative measures in medium and implementation plans, to implement them, as appropriate, also in the context of cooperation in agriculture; while respecting the comprehensive protection of the water regime in the territory (water collection in tanks, biological measures for watercourses, etc.),
(e) to expand agricultural land, in particular arable land, to erode agricultural land with degraded catches of timber, shrubbery, stones, etc., to reclamate and to farm land, provided that natural and productive conditions and in accordance with the planned use of the territory so require;
(f) to protect agricultural land against damage to water or wind erosion by introducing anti-erosion procedures, by adjusting or establishing anti-erosion barriers, by creating sealbelts or devices to reduce the speed and quantity of flowing water, by building water tanks and its use for irrigation purposes, etc.,
(g) to protect agricultural land from damage to the inappropriate operation of field fertilisers, silage pits, stacks and landfills, duplication or unnecessary expansion of field routes, soil compaction by heavy machinery, etc.; to ensure that agricultural production does not be reduced by unacceptable interference from neighbouring parcels (excessive shielding, landfall, etc.), 8)
(h) care for the content of humus in the soil and for the recovery of suitable waste and, to that end, seek that legal persons fulfil their obligation to deliver such waste free of charge and ensure their timely removal and appropriate storage, 9)
(i) to protect agricultural land against negative effects by exhalation and imitation, and, if they cannot be prevented, by continuous care, appropriate raionisation of crops and by agri-technology to reduce their harmful effects;
(j) to consistently implement the optimal organisation of the agricultural land fund ensuring its use for agricultural production while respecting the principles of conservation and landscape creation;
(k) to take intensive care of reclamated areas and to reduce the negative effects of reclamated and young anthropogenic soils on the yield and quality of agricultural crops by appropriate raison and agrotechnics;
(l) not to allow the illegal occupation of land which is part of the agricultural land fund or the illegal activity on that land which is detrimental to agricultural production; However, if such land is prevented or carried out on land, notify the competent authority of the protection of the agricultural land fund.
(4) The authorities of the protection of the agricultural land fund shall check in their territory the fulfilment of the obligations referred to in paragraph 3. If they detect defects, they shall impose measures to eliminate them and monitor their implementation. When imposing measures, approved land projects (10) and territorial plans must be respected. 11)
(5) The provisions of paragraphs 3 and 4 apply mutatis mutandis to citizens - owners (users) of agricultural land.
Reclamation
(1) He at whose request the agricultural land is withdrawn from agricultural production must ensure subsequent reclamation if:
(a) the permanent withdrawal of agricultural land to be returned to agricultural production under an approved recovery plan;
(b) permanent withdrawal of agricultural land to be afforested or on which a water area is established under an approved recovery plan;
(c) temporary withdrawal of agricultural land.
(2) He at whose request the agricultural land is withdrawn from the agricultural production shall, in particular, be obliged to:
(a) agree in advance on the objectives of the rehabilitation plan or, where appropriate, the special arrangements for implementing the recovery plan with the Agricultural Soil Fund Protection Authority, the organisation responsible for the uniform management of the melliorological and conservation work, 12) or other delegated organisation13) (hereinafter referred to as "the entrusted expert organisation") and with the territorial planning authority;
(b) discuss in advance the plans of the reclamation plan or, where appropriate, the special arrangements for implementing the reclamation plan with the organisation which has or will have land in use and, where appropriate, with the authority or organisation, with its supervisor, and obtain an entry containing a binding declaration from the downstream user to take over the reclamation of the land;
(c) to obtain a recovery plan; If there is refraction (surface) coal extraction or geological exploration work (for crude diesel and natural gas, especially for very deep wells), if justified, propose a special regime for the implementation of the recovery plan, 14)
(d) submit a recovery plan or, where appropriate, a proposal for a special arrangements for implementing the recovery plan for the approval of the Agricultural Soil Fund Protection Authority (15);
(e) maintain, with the participation of the competent professional organisation and organisation, a protocol for the implementation and completion of the rehabilitation in accordance with the model set out in Annex 2, after the completion of the rehabilitation;
(f) ensure the conclusion of the Protocol on the implementation and completion of the Protocol on the reclamation of signatures of representatives of the competent expert organisation and of the organisation in use after the reclamation,
(g) send a report on the implementation and completion of the reclamation of the agricultural land fund protection authority and, in the event of reclamation, a change in the type of land (culture) or a change in the user of the land, including the geodesy and cartography body;
(h) to remove from its own cargo the defects of reclamation that will appear within five years of the conclusion of the protocol on the implementation and termination of reclamation.
(1) The plan for subsequent reclamation, unless otherwise specified, contains in particular:
(a) the characteristics of the land on which reclamation is to be carried out (soil, water management, station conditions, cutting, schemes, field profiles, temporary soil deponification, possibility of soil integration into the surrounding cultivated land, etc.), with the indication of the property records (municipality, cadastral area, plot numbers, culture, surveys),
(b) the type of reclamation (agricultural, forestry, water management) and, where appropriate, the justification why agricultural reclamation is not possible, the justification for fertilisation, intensification, if implemented in order to ensure the efficiency of reclamation;
(c) the type of measures which will be part of the technical part of the reclamation (landscaping, use of hidden soil, drainage, communication, etc.) and the procedure for their implementation;
(d) the nature of the measures that will be included in the biological part of the reclamation (culture method, soil surface treatment, fertilisation, cultivation process, etc.) and the procedure for their implementation, as well as the resulting culture of agricultural land;
(e) the reclamation time;
(f) map supporting documents indicating the information referred to in (a), (b) and (e);
(g) calculation of costs;
(h) an assessment of the expected results of recovery.
(2) The provisions of paragraph 1 (a), (b), (e), (f) apply mutatis mutandis to the content of the plan for subsequent reclamation after quarrying or geological exploration (for crude diesel and natural gas, in particular for very deep wells), which is assessed together with a proposal for a special regime for its implementation.
The subsequent reclamation must be targeted in such a way that the reclamated soil serves primarily agricultural production; forestry or water reclamation is only permitted if agricultural reclamation is not possible or if other reclamation is determined by approved land planning documentation.
(1) The extent of subsequent reclamation shall be determined by the authority for the protection of the agricultural land fund, as a general rule, within the scope of the withdrawn agricultural land.
(2) Subsequent reclamation shall take place on the land of withdrawn agricultural production or, where appropriate, on the surrounding land which is part of or is to be declared as part of the agricultural land fund.
Follow-up reclamation is carried out to complete
(a) on temporary withdrawal of agricultural land until the end of the temporary withdrawal period;
(b) in the event of permanent withdrawal of agricultural land which, according to an approved recovery plan, will be returned to agricultural production after a period of more than 12 years, after fulfilling the purpose for which the agricultural production has been withdrawn, no later than the date set in the recovery plan.
Protection of the agricultural land fund in territorial planning
(1) Territorial planning bodies and processors of zoning documentation are required to provide initial documents to ensure the protection of the agricultural land fund, 19), in particular as regards:
(a) the type of land (culture) of agricultural land, the quality of agricultural land in terms of agronomic and soil expert, carried out and planned reclamation, fertilisation and intensification;
(b) special crops and crops and their planned spread;
(c) land which may not be withdrawn from agricultural production (20) (hereinafter referred to as "land specially protected");
(d) arable land of class 3 and 4, unless it is specially protected;
(e) parts of the agricultural land fund which are not agricultural land but are indispensable for agricultural production21) (hereinafter referred to as "areas indispensable for agricultural production"),
(2) The supporting documents referred to in paragraph 1 shall in particular be the tabular and graphical technical documents for the protection of the agricultural land fund, the real estate records, the land classes data and the classification of the cadastral areas into natural habitats, the results of a comprehensive survey of agricultural land including the representation of soil-based ecological units and their evaluation, land-use projects, the concept of agricultural development and, where appropriate, other data provided by scientific institutes.
(3) The data from the initial supporting documents are evaluated by the processors of the land planning documentation at the stage of the surveys and analyses and are usually presented in a separate complementary drawing or, where appropriate, in a comprehensive problem drawing. 22) The additional drawing is based on the scale maps used for the main drawings, which enable the data to be evaluated. The scope and accuracy of this evaluation and representation shall be determined by the level and category of the planning documentation. The evaluation and presentation of the data from the starting materials is a binding basis for the elaboration of draft forecasting tasks, territorial and economic principles and construction programmes.
(4) Proposals for forecast tasks, territorial and economic principles and construction programmes will be discussed by the purchaser on the basis of surveys and analyses with the Land Fund Protection Authority. In so doing, that authority shall define the requirements with regard to the protection of the agricultural land fund, taking into account the category and degree of planning documentation to be processed.
(1) In order to assess the different categories and degrees of territorial planning documentation at the level of the concept of a solution in view of the expected effects of the alternative solution on the agricultural land fund and agricultural production, such documentation must include in particular, in addition to the elements laid down in the zoning rules,
(a) data on the total size of the areas required and the proportion of agricultural land expected to be withdrawn, the evaluation of the type of land (s) of the agricultural land concerned, the data on the representation of the Bonite Classes and on the size of agricultural parcels which are drained or irrigated, the evaluation of the total size of the land specifically protected and the arable land of the 3rd and 4th arable land, unless it is specifically protected by the soil, the data on the reclamation, the cultivation and intensification carried out and the proposed functional use of the land,
(b) data on the planned construction of drainage and irrigation, the planned expansion of areas of special crops and crops and the planned reclamation and fertilisation and intensification;
(c) an indication of the boundaries of municipalities, cadastral territories and economic districts of agricultural organisations;
(d) data on the time stages foreseen for the withdrawal of agricultural land from agricultural production;
(e) data on the total size of non-agricultural parcels proposed for agricultural reclamation;
(f) for residential services and zones, further indication of the border of the built-up territory of the municipality as at 1.9.1966, the border of the concurrently built territory of the municipality, the border between the different Bonita classes and routes of the basic field routes and an indicative evaluation of the withdrawal of the agricultural land payments according to its overall area to be withdrawn;
(g) an indicative assessment of the expected economic damage for the local departments, 23) according to the total area of agricultural land to be withdrawn from the agricultural organisation or, where appropriate, to which its management is to be restricted or difficult; This also applies to zones, unless the regional planning documentation has been drawn up for the local authorities,
(h) a detailed justification that the proposed solution is the most advantageous in terms of the protection of the agricultural land fund compared to other possible solutions.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to the processing of land-use planning documents. 24)
When processing land planning documentation,
(a) indicate its boundaries in the graphic section;
(b) in the text part, separate summary of the areas of agricultural land, arable land and arable land of the 3rd and 4th grades, unless it is specially protected land which occurs within its territory.
Protection of the agricultural land fund in the processing of the proposal for the establishment of a mining area
(1) When processing the proposal to determine the extraction area to be affected by the agricultural land fund, mining organisations shall be required to secure the initial materials referred to in Article 10 (1) and (2), taking into account the nature of the mineral deposit and the way in which it is taken. Processors of proposals for the establishment of a mining area shall evaluate the data from the starting materials according to the type of extraction and the overall extent of the agricultural land concerned on the basis of the results of the geological survey.
(2) The proposal to establish a control area is discussed with the agricultural organisations concerned and the authorities for the protection of the agricultural soils fund before the application for approval (25). The opinions of these organisations and bodies shall be the basis for the competent authority for the protection of the agricultural land fund in the procedure for the granting of consent. 25)
(3) The provisions of paragraphs 1 and 2 apply mutatis mutandis to the procedure for the extension of the defined conquest area.
Protection of the agricultural land fund in the processing of the design of underground and aerial lines
(1) A request for approval of the design of the underground and above-ground management routes (26) is submitted by the investor, as a general rule, in technically feasible territorial alternatives in order to find the most favourable solution for the protection of the agricultural land fund. The application shall be accompanied by an evaluation of the impact of the proposed solution on the agricultural land fund on an alternative basis.
(2) Authority for the Protection of the Agricultural Soil Fund after examination of the application submitted
(a) agree on the proposal for the most favourable alternative to the underground and above-ground line; or
(b) require the investor to propose another technically feasible territorial alternative to the management route.
(3) The provisions of paragraphs 1 and 2 shall not apply where the underground and overhead lines are addressed in the planning documentation and the requirements for the withdrawal of agricultural land for their construction are evaluated in the relevant planning documentation.
(4) The design of underground and above-ground lines accompanied by the agreement of the Agricultural Soil Fund Protection Authority shall be the basis for the processing of the subterranean and overhead lines, where appropriate for the processing of land planning documents or land planning documents.
Protection of the agricultural land fund in the processing of road design
(1) In processing the award of infrastructure structures, 27) national draft28) and waterways and their parts 29) (hereinafter referred to as "transport communications"), investors are generally based on planning documentation.
(2) If, for the territory in which the planned transport communication is to be located, the planning documentation is not yet acquired or if, for serious technical reasons, it is not possible to carry out such transport communication in the route proposed in the planning documentation or if the road in question has not been considered in the planning documentation, the design of transport routes shall be processed. This proposal shall be drawn up for the entire route of the transport communication concerned, or for its integrated parts, in technically feasible territorial alternatives, in order to find the most favourable solution for the protection of the agricultural land fund; taking into account investment actions relating to transport.
(3) The design of transport routes is also processed in cases where the protection authority of the agricultural land fund, when giving its assent to the territorial planning document30) has provided for the condition that the location of transport communication according to the proposed solution should be further refined.
(4) The design of the transport routes referred to in paragraphs 2 and 3 shall not be processed in territorial alternatives where the new route proposed is adapted to the size, width or the curves of the original transport communication.
(5) The preparation of the road design shall be ensured by the investors of the transport infrastructure or, where appropriate, their superior authorities or their designated organisations, taking into account the estimated construction dates in advance.
(6) The design of transport routes shall be accompanied by the agreement of the protection authority of the agricultural land fund.
(7) The application for consent to the design of transport routes shall be submitted by the investor of the transport communication or, where appropriate, by his superior authority. The application shall be accompanied by an evaluation of the impact of the proposed solution on the agricultural land fund on an alternative basis.
(8) The protection authority of the agricultural land fund after examination of the application submitted
(a) agree on the proposal for the most favourable alternative to the road route or, where appropriate, the design of the road routes for which the alternatives are not processed (paragraph 4), where the proposed solution is the most favourable for the protection of the agricultural land fund; or
(b) require the investor to propose another technically feasible territorial alternative to the road route.
(9) The design of transport routes, provided with the agreement of the authority for the protection of the agricultural land fund, shall be the basis for the processing of the design of the planned transport communication, where appropriate for the processing of the zoning documentation or the zoning documents.
Protection of the agricultural land fund in the processing of the award of buildings
(1) When processing the award of buildings, investors shall, unless otherwise specified, assess the consequences of the proposed solution on the agricultural land fund. This evaluation is annexed to the request for prior consent, 31) or to the consent provided for in Article 12 (4) of the Act and the basis for deciding on the application for the protection of the agricultural land fund.
(2) For large-scale investment and post-stage construction, the annex to the application referred to in paragraph 1 must include links to the resulting solution foreseen in the approved planning documentation. In the case of large-scale transport services covered by sub-sections, links to the resulting solution foreseen in the design of transport routes shall be provided. For underground and overhead lines, the links to the overall solution shall be given according to the design of the underground and overhead lines. Where transport communication or other line construction is an integral part of another investment (housing, plant, water works, etc.), an evaluation shall be carried out of the consequences of the proposed solution on the agricultural land fund when processing the award of the construction of the investment, the part of which includes the line construction.
(3) Where the investment is proposed outside the concurrently built-up territory of the municipality, technically feasible territorial alternatives must be proposed for the location of the investment which will be most favourable in terms of the protection of the agricultural land fund; alternatives need not be proposed if the location of the investment is addressed
(a) in approved planning documentation;
(b) in the design of the underground and ground lines for which approval has been granted, 26); or
(c) in the design of road transport routes to which consent has been given (§ 15 (6)).
(4) For each territorial alternative proposed in accordance with paragraph 3, an evaluation shall be carried out of the consequences of the proposed solution on the agricultural land fund, as well as an assessment of the economic injury resulting from the quantification of the gross production losses of agricultural and plant production.
(5) The protection authority of the agricultural land fund will assess the territorial alternatives discussed with the agricultural organisations concerned and impose on the investor:
(a) complete the assessment of the consequences of the most advantageous alternative of placing the investment on the agricultural land fund; or
(b) propose another technically feasible territorial alternative to the location of the investment.
The assessment of the consequences of all the proposed territorial alternatives to the agricultural land fund, including the result of their comparison and the evidence of their discussion with the agricultural organisations, the authorities of the state economic management of agriculture and the authorities of the protection of the agricultural land fund, shall be accompanied by the investor as a separate annex to the application for prior consent, 31) or the consent provided for in Article 12 (4) of the Act.
(6) An evaluation of the effects of the proposed solution on the agricultural land fund for the overall final extent of the intended withdrawal of agricultural land from agricultural production shall be carried out in the process of the design.
Paragraph 16 shall also apply mutatis mutandis in cases where agricultural land is to be withdrawn from agricultural production for non-agricultural activities for which the award of buildings is not processed.
Protection of the agricultural land fund in mining activities
(1) When preparing the survey work plan and the opening, preparation and extraction plan, mining organisations are required to assess the consequences of the proposed extraction on the agricultural land fund. This evaluation is an annex to the application for a prior assication31) and a basis for deciding on the application for a decision on the application from the Agricultural Soil Fund.
(2) (31) If, in the course of deep-sea mining operations, there should be a deterioration of the sovereign cultural layers of the soil or, where appropriate, a deeper-lying fertilisation of capable soil on agricultural parcels other than those to which prior approval has been given, 31) the mining organisation is required to initiate the implementation of an emergency cover of the sovereign cultural layers of the soil or, where appropriate, a deeper-lying fertilisation of the eligible soil, immediately after the detection of this condition, and at the same time to discuss this activity with the Agricultural Fund Protection Authority. 32)
(3) The application for the use of agricultural land for the purpose of carrying out an emergency shelter shall, in particular, be evidenced by an indicative sketch of the vulnerable drop-down area on a photograph of the land map, the balance of the cover of the upper cultural layers of the soil and, where appropriate, a deeper conservation of capable soil according to the available ground-based evidence and a proposal to depose or other efficient use of hidden soil.
(4) When discussing the use of agricultural land for emergency cover, the authority for the protection of agricultural land shall determine in particular the number of hidden cultural layers of land and, where appropriate, the further application for a further decision on the withdrawal of agricultural land, the procedure and the way in which it is to be hidden, the subsequent use, removal and treatment, and the time limit within which the mining organisation is required to submit an application for an additional decision on the withdrawal of agricultural land. 33) The deadline for the submission of applications may not exceed one year from the date on which the application for the application of agricultural soils 32) for emergency cover.
Protection of the agricultural land fund in bearing and hydrogeological exploratory work
(1) Organisations which prepare and carry out bearing and hydrogeological surveys ("geological organisations")
(a) they shall be based on an evaluation of the results of previous stages of geological work, taking into account the need to protect agricultural land in particular in production agricultural areas, also taking into account the impact of the future use of mineral deposits and groundwater resources on the basis of the results of geological work carried out on the agricultural land fund and on agricultural production. Where possible, they shall focus on non-agricultural land and agricultural land of a worse class, so that the land specifically protected is not substantially affected,
(c) in the geological work projects, indicate whether they will affect agricultural land (area, type of land - culture, soil class data, drainage, irrigation), as appropriate, the proposal for measures to limit the negative effects of geological work on the agricultural land fund and agricultural production, 35) the procedure for reclamation of land affected by geological work, with the proposal for a method of remedying the damage resulting from the geological work of the agricultural organisation; where wells or other exploratory works are designed to serve in the long term further exploration or exploitation of its results, including the possible establishment of protection zones, their location should be designed, where possible, so as to avoid unnecessary withdrawal of agricultural land from agricultural production or from restrictions on agricultural production;
(d) the reports on the outcome of the geological work shall also indicate the data referred to in (c) and propose the possibility of extracting deposits with identified and verified mineral reserves to limit the negative effects on the agricultural land fund and agricultural production. Similarly, hydrogeological works aimed at the future extraction of groundwater will be carried out. The report on the outcome of the hydrogeological work on the basis of which water management provides for the protection of certified groundwater or for the use of it shall also indicate the consequences of such measures on agricultural production, in particular with regard to the need to provide for the protection of water resources.
(3) Geological organisations are required to discuss exploratory projects with owners (users) of agricultural land and the authorities for the protection of the agricultural land fund in advance in order to implement the necessary measures to adapt agricultural production on agricultural land to be affected by geological work. In doing so, they are based on plans and projects of geological work, the required time to start geological work and the projected duration of the geological work.
(4) Geological organisations are required, at the time the geological work projects are processed and carried out, to create effective assumptions in particular to:
(a) geological work started mainly at the time of vegetation or during the period of the least damage to vegetation and agricultural production;
(b) according to natural and technical possibilities, geological work has been organised in such a way as to reduce as far as possible the period of exclusion or restrictions on agricultural production;
(c) the implementation of measures to increase the intensity of agricultural production is not affected as far as possible;
(d) the specified and, where appropriate, agreed ranges of geological sites and approaches to them are respected and the disturbance of agricultural land in their vicinity has been reduced;
(e) the consequences of geological and related work and subsequent reclamation have been eliminated within the specified and, where appropriate, agreed dates;
(f) the management of agricultural parcels and the production capacity of agricultural land has not been impaired in the long-term and, where appropriate, in the long-term and permanently difficult to manage agricultural parcels.
(1) Geological organisations whose planned activities are intended to remove agricultural land for a period of more than one year, including the time needed to carry out the reclamation or to put the land back into its original state, are required to request the authorities of the protection of the agricultural land fund to grant consent pursuant to Article 12 (4) of the Act or, where appropriate, to give prior consent during the preparation of the geological work. 31)
(2) An application for a prior asses31) shall be submitted in cases where a bearing or hydrogeological survey is directly linked to other activities (mining of minerals, the setting-up of drains, landfills, ditches and sewerages, the construction of roads, the treatment of watercourses, the construction of operating objects and equipment, the extraction of water from wells, the establishment of protection zones of aquatic resources, natural medical resources and naturally occurring sources of table mineral waters, etc.). In other cases, a request for consent pursuant to Article 12 (4) of the Act shall be submitted.
(3) The applications referred to in paragraph 2 shall be accompanied by an evaluation of the effects of geological work on the agricultural land fund. This evaluation shall be carried out taking into account the specificities arising from the purpose and consequences of carrying out the deposit or hydrogeological survey on agricultural parcels and taking into account the expected duration of such work.
Pursuant to the provisions of Sections 19 (3) and (4) and 20, the implementation of an archaeological survey shall be carried out as appropriate, with the exception of a rescue archaeological survey which is part of the planned action on agricultural land.
Protection of the agricultural land fund in its withdrawal of agricultural production
(1) Investors of buildings, mining organisations and other organisations whose applications have resulted in the withdrawal of agricultural land from agricultural production shall in particular:
(a) to provide a separate cover of the upper cultural layer of the soil (ornias), or, where appropriate, a deeper-stored fertilisation of capable earths (spray, spray, or certain landmarks, matured soil, soil with higher humus content or sediment rich in organic substances, tuphic clays, bentonites, oxyhumolites, etc.) on the area affected by the removal and their transport and spread to land intended for fertilisation, or transport and storage to places intended for further use; to ensure the proper storage, treatment and security of hidden soil intended for subsequent reclamation, while allowing landfills of separately hidden soil to be set up and recorded separately to be used in the future,
(b) in the event of permanent withdrawal of agricultural land, ensure that hidden soil is moved immediately after the cover has been carried out and spread mainly to other agricultural parcels with low fertility; they are stored in intermediate landfills only in cases where they are used to spread out on land but on which surface and terrain treatment or other technical measures need to be carried out in advance. In the event of permanent withdrawal of agricultural land to be returned to agricultural production, 36) to store hidden soil, but above all the upper cultural layers of soil (ornias) to agricultural deponics and to ensure that they can be used,
(c) use, in justified cases, only a limited amount of more than 0,1 m in power of less than or equal to 0,1 m for the preparation of other areas for greenening (non-reinforced and non-built parts of construction land or forestry reclamation, etc.);
(d) since the beginning of the temporary withdrawal of agricultural land or permanent withdrawal of land to be reclamated, 37) to create effective assumptions for the comprehensive eradication of the effects of the destruction of the agricultural land concerned and for the implementation of the approved plan of subsequent reclamation; taking into account both the needs for the economical use of the land in the vicinity and the creation of a natural environment and ensuring that the nature of the landscape is not disturbed;
(e) effectively prevent the release of any harmful substances and the disposal of waste materials and waste water in such a way as to avoid damaging and degrading agricultural parcels and crops, etc.; do not allow solid or liquid materials and materials, the composition and secondary effects of which could be harmful to agricultural land, agricultural production and the applicability of agricultural production to areas intended for reclamation; Similarly, in industrial activities.
(2) Paragraph 1 shall not apply to cases where agricultural land has been withdrawn from agricultural production at the request of a citizen.
In addition to the obligations referred to in Paragraph 22 (1), mining organisations shall ensure the following measures:
(a) in the case of surface mining
1. the droppings, drains and drains shall be based in such a way as to enable the surface to be settled and its subsequent reclamation mainly on agricultural land; To that end, develop, or supplement, technical standards for the treatment of the surface of soils, drains and drains, which will, in particular, in the area of concentrated mining, be the basis for the transfer of areas for reclamation and for the economic evaluation of the different spillage methods. To ensure that the surface of the droppings, drains and drains does not show inequalities which would impede subsequent use, particularly for agricultural production,
2. Exhaust droppings, drains and drains to be based on the loading ground to ensure their stability and to allow the largest possible area to be used for agricultural reclamation; while also taking into account the hydrological ratios of the droppings, moulds or drains, its subsoil and its surrounding area, in order to avoid muddying of surrounding agricultural land. Modify the surface of droppings, drains and drains, including their slopes, so that they are effectively secured against landslides and the effects of water and wind erosion (grounding, planting of suitable shrubs and trees, technical means, etc.). Determine the slope of the slopes so that sufficient stability is ensured in view of the mechanical properties of the hopper soil and the height of the hopper; with higher sloping of the slope, ensure by terasing the general slope and an appropriate spacing of the individual droplets (ethals),
3. to make available the runways, to build, in the case of larger runways, a network of special-purpose communications on the crown (upper platform) and discharge stages (stages) according to the requirements of the future user of the reclaimed areas, while maintaining the principles of anti-erosion protection;
4. to ensure that the water treatment in the soil is also adjusted, level the surface and adjust it so that normal agricultural mechanisation, crown of droppings, drains and drains, including discharge degrees (s), can be applied to it, to create at least in the power of the soil vegetation layer, which is expected to be fertilised and to be gradually intensive; to facilitate the leakage of precipitation water and to minimise its effluent to create an appropriate structural state of soil, in particular by consistent, sufficiently long biological reclamation with the cultivation of suitable plant species,
5. to create conditions for the cultivation of land for which the extraction of minerals is disrupted by their current management until such time as it is possible to include such land in the final organisation of the agricultural land fund after the completion of the extraction and after the reclamation of neighbouring areas;
6. adjust, in agreement with the water authorities, the total water regime on areas disturbed by extraction in order to eliminate the adverse effects of the drop in groundwater, prevent the collection of surface water and allow its harmless outflow and, where appropriate, create conditions for the irrigation of the land;
(b) in the case of deep-sea mining
1. reduce, where possible under the given technical and economic conditions, the declines of agricultural land (the basis of broken-down compositions, etc.),
2. to carry out a separate plot of the upper cultural layers of the soil and a deeper burnout of the soil capable of applying them to agricultural land reclamation degraded by sub-mining and to the final surface treatment which can be agricultural or forestry reclamation, at the places of anticipated declines and prior to the process of drains;
3. immediately after stabilization, or during the course of field declines, to make the necessary field adjustments and to complete the deeper declines with weight and properly surface adjustments; so adjusted areas of declines are relayered by hidden cultural layers of soil and carried out biological reclamation according to the approved plan so that the land can be reused for intensive farming;
4. to adjust the water regime in agreement with the water authorities, either by draining and adjusting damaged water streams, or by flooding the flooded areas with heavy matter, surface treatment, re-layered by hidden cultural layers of soil and carried out biological reclamation according to an approved plan so that the land can be reused for intensive farming; if those measures cannot be implemented (due to the considerable depth of declines or lack of retractable materials, etc.), the watered cauldron can be properly adapted to the multipurpose water tanks, including the planting of the banks with suitable vegetation;
5. Determined to establish the noise as a priority at existing and anticipated declines and to guide its height according to actual or anticipated declines.
(1) Industrial organisations shall comply with the following measures when storing waste materials (ash, slag, flotation sludge, etc.) in addition to the obligations referred to in Article 22 (1):
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Regulation Information
| Citation | Federal Ministry of Agriculture and Nutrition Decree No. 36 / 1987 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1987 |
|---|---|
| Effective from | 01.07.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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