Act No. 40 / 1956 Coll.
Act on State Protection of Nature
Valid
Effective from 24.08.1956
40.
Law
of 1 August 1956
on the State Protection of Nature.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial provision.
(1) This law protects the natural wealth and appearance of the landscape and ensures that these values serve to educate, refresh and take care of the health of our people, thereby further increasing their material and cultural level.
(2) Nature conservation is based on a scientific survey of natural and man-made events in nature and is carried out in close cooperation with top scientific institutions.
Subject, scope and method of protection.
(1) The State protects nature, its significant parts and creations as well as the landscape with its typical characteristics. This helps to preserve, restore, increase and exploit our country's natural wealth according to scientific knowledge and principles.
(2) In the event of serious interference in the natural environment, the cooperation of the Ministry of Education and Culture is needed.
(3) The State also provides special protection for important territories, natural creations, natural monuments and rare species of animals, plants, minerals and fossils by declaring them protected and laying down the manner and conditions for their protection.
Protected territories.
The protected territories are:
(a) national parks;
(b) protected landscape areas;
(c) national natural reservation,
(d) protected sites;
(e) protected parks and gardens,
(f) protected study areas.
National parks, protected landscape areas and state natural reservation.
(1) Large areas of indigenous or human interference of a low-affected nature of particular scientific importance are important in terms of climate, water and health, and can also serve the education of our people, can be declared national parks.
(2) Preserved typical landscape areas with scattered significant natural creations can be declared protected landscape areas.
(3) Smaller areas of the original or human intervention of the little-affected nature, important mainly with regard to scientific or research aspects, can be declared state natural reservation.
Protected sites, protected parks and gardens and protected study areas.
(1) The territory of a smaller area with rare plants or animals, or with other natural rarities, may be declared as protected sites.
(2) Parks and gardens of scientific, historical or artistic importance can be declared protected parks and gardens.
(3) The territories in which the effects of human intervention are temporarily examined may be declared as protected study areas.
Protected natural creations and protected natural monuments.
(1) Protected by natural creations are mainly karst phenomena, rock formations, significant trees and their groups.
(2) Protected by natural monuments are natural creations that are evidence of the development of society.
Protected species of animals, plants, minerals and fossils.
In particular, species of animals, plants, minerals and fossils that occur rarely or are threatened by their existence may be declared as protected species of organisms and nature.
Proclamation of protection.
(1) National parks are set up and organised by the Government and the conditions of protection are laid down in a regulation; the details will be adapted by the Ministry of Education and Culture in agreement with the participating central authorities and authorities, the Czechoslovak Academy of Sciences and the Czechoslovak Academy of Agricultural Sciences.
(2) The other protected territories, karst, protected species of animals, plants, minerals and fossils and the conditions for their protection shall be determined by the Ministry of Education and Culture in agreement with the central authorities involved.
(3) Protected natural creations with the exception of karst and protected natural monuments and the conditions for their protection shall be determined by the Council of the Regional National Committee.
Protection zones.
Where protected areas, protected natural creations or protected natural monuments need to be secured against interference, they shall be designated by the authority which decided on protection and shall determine which activity is not permitted in that zone.
Obligations of the owner (s) of the land.
The owner (user) of the land on which the protected territory or protection zone has been established or on which the protected objects are located (§ § 4 to 7) is obliged to suffer the restriction of the prescribed conditions of protection. If the owner (s) of the land, which is not in the state's socialist ownership, is thereby established, the property damage is not negligible, it shall be compensated. If no agreement is reached, the Council of the District National Committee shall decide on the refund and its amount.
Prohibition of destruction or damage to protected parts of nature.
(1) It is not permitted to destroy or damage protected areas and protected objects, in particular to reduce or disturb protected animals and plants in development, to change the preserved status of protected natural creatures, to separate protected plants from their environment, to maintain protected animals in captivity and to otherwise threaten the natural development or state of protected parts of nature (§ § 3 to 7), and to act against the conditions of protection.
(2) Exemptions from the provisions of paragraph 1 may be authorised by the Ministry of Education and Culture; for national parks only if this does not conflict with the national park status.
Evidence.
(1) Protected territories, protected natural creations, protected natural monuments, protected species of animals, plants, minerals and fossils are entered in the State Nature Protection Lists maintained by the Ministry of Education and Culture and by the Department of Culture of the Councils of the Regional National Committees.
(2) The fact that the property is a protected area, a protected natural creation or a protected natural monument shall be noted in public books and land register for the design of the Culture Department of the Regional National Committee responsible for the location of the property. Protected areas, protected natural creations and protected natural monuments are marked in cadastral maps.
State nature conservation authorities.
(1) State conservation of nature is carried out by the Ministry of Education, Culture and Culture of the Councils of the Regional National Committees.
(2) The cutting down of trees grown outside the forest not covered by specific regulations (*) is decided by local national committees; Regional national committees may reserve decisions.
Volunteers of state nature conservation.
In each district, the Department of Culture of the Councils of the Regional National Committees mandates voluntary workers of the state nature conservation function of the Conservator, for smaller circuits of the functions of the rapporteur, who is a collaborator of the Conservator of the State Nature Protection.
Management and supervision.
The Ministry of Education and Culture shall exercise management and supervision in matters of national nature conservation.
Special rights of the authorities and conservators of the state conservation.
(1) The competent authorities of the State Protection of Nature must be invited to the proceedings on the zoning plan and the construction of municipalities, the management of construction and water management, as well as to any action relating to their objectives.
(2) If there is an imminent risk of violating the conditions laid down for the protection of nature in the protected territory or for the protection of protected natural creations, animals, plants, minerals and fossils, the Conservator may take the measures necessary to ensure protection. These measures must be decided by the Culture Department of the Regional National Committee within 15 days, otherwise they will cease to be valid.
Transfers
(1) The district national committee may impose on citizens
(a) reprimand,
(b) a fine equal to the amount referred to in paragraph 2 or 3.
(2) A reprimand or fine of up to 1000 CZK may be imposed on a citizen who commits an offence by:
(a) damage parts of nature in protected territories or alter the preserved status of protected natural creations and protected natural monuments or otherwise threaten their status;
(b) keeping protected animals without authorisation (1) in captivity, collecting, transferring or damaging their development stages, cancelling or otherwise adversely affecting their natural development or the environment;
(c) does not keep or misconduct prescribed records of the keeping and processing of protected animals;
(d) use, in the lawful capture or killing of protected animals, means and equipment by which they cannot be caught intact or killed immediately;
(e) destroy or disrupt protected plants or protected parts of plant 2);
(f) not notify the competent national committee of the necessary demolition of trees growing outside the forest, (3) which directly threatened the lives of persons or the operation of a public utility plant;
(g) carry out an activity which is not permitted in the protection zone intended to safeguard protected territories, protected natural creations or protected natural monuments.
(3) Up to 5000 CZK may be imposed on a citizen who commits an offence by:
(a) destroying parts of nature in protected territories or facilities intended to protect them, destroying protected natural creations or protected natural monuments;
(b) damage or jump trees growing outside the lesbian (3) without permission;
(c) without authorisation, kill or catch protected animals or destroy their environment;
(d) endangers protected animals beyond what is necessary in the case of pest, plant diseases, weeds and hygiene measures;
(e) export protected animals or their development stages without authorisation abroad;
(f) otherwise infringes the conditions of protection in protected territories, in protected natural creations or in protected natural monuments.
(4) Unless otherwise provided for in this law, the offences and their conduct shall be governed by general regulation.4)
(5) The fine is the income of the national committee that imposed it.
Fines for organisations
(1) The District National Committee may impose a fine of up to 100 000 CZK to an organisation which:
(a) damage parts of nature in protected territories or alter the preserved status of protected natural creations and protected natural monuments or otherwise threaten their status;
(b) damage trees growing outside the forest, or jump them without permission, not to notify the competent national committee of the necessary demolition of trees growing outside the forest, (3) which directly threatened the lives of persons or the operation of a public utility facility;
(c) destroy or disrupt protected plants or protected parts of plant 2;
(d) keeping protected animals without authorisation (1) in captivity, collecting, transferring or damaging their development stages, cancelling or otherwise adversely affecting their natural development or the environment;
(e) does not keep or misconduct prescribed records of the keeping and processing of protected animals;
(f) use, in the lawful capture or killing of protected animals, means and equipment by which they cannot be caught intact or killed immediately;
(g) carry out an activity which is not permitted in the protection zone intended to safeguard protected territories, protected natural creations or protected natural monuments.
(2) The District National Committee may impose a fine of up to CZK 250 000 to an organisation which:
(a) destroying parts of nature in protected territories or facilities intended to protect them, destroying protected natural creations or protected natural monuments;
(b) without authorisation, kill or catch protected animals or destroy their environment;
(c) endangers protected animals beyond what is necessary in the case of pest, plant diseases, weeds and hygiene measures;
(d) export protected animals or their development stages without authorisation abroad;
(e) otherwise infringes the conditions of protection in protected territories, protected natural creations or protected natural monuments.
(3) In fixing the amount of the fine, account shall be taken in particular of the gravity of the infringement and of the extent of the damage or damage suffered.
(4) The District National Committee may at the same time require the organisation, in a decision imposing a fine pursuant to paragraph 1 or 2, to implement measures to remedy the consequences of the conduct for which the fine was imposed within a specified period; if the organisation does not do so, a further fine may be imposed on it up to twice the fine imposed pursuant to paragraph 1 or 2.
(5) The penalty may be imposed on the organisation within one year of the date on which the district national committee became aware of the infringement, no later than three years after the infringement took place; a further fine as referred to in paragraph 4 may be imposed within one year of the date on which the obligation imposed on the organisation was to be fulfilled.
(6) The fine shall be payable within 30 days of the date on which the decision by which it was imposed took effect.
(7) The imposition of a fine on the organisation shall be without prejudice to the responsibility of the organisation or, where appropriate, its staff under specific rules.
(8) The fine is the income of the national committee that imposed it.
Final provisions.
The provisions of Act No. 225 / 1947 Coll., on hunting, No. 62 / 1952 Coll., on fishing, and No. 11 / 1955 Coll., on water management, are not affected by this Act.
(1) The Ministry of Education and Culture shall, in agreement with the participating central authorities, lay down the detailed provisions necessary for the implementation of this Act, in particular lay down the procedure for determining the amount of compensation to the owner (s) of the land, define the scope of the voluntary staff, their rights and obligations, and, in agreement with the Central Administration of Housing and Civil Construction and with the Central Administration of Geodesia and Cartography, establish the manner in which state lists of nature conservation are to be maintained.
(2) The Ministry of Culture of the Czech Socialist Republic provides for generally binding legislation on the protection of trees growing outside the forest, the procedure for the exceptional authorisation of their felling and the use of timber from these trees.
(3) The Ministry of Culture of the Czech Socialist Republic may, in agreement with the central authorities involved, provide for a generally binding legislation on the method of social evaluation of selected parts of nature protected by this Act and its implementing regulations. 5)
From the date of application of this Act, parts of the nature still protected by the State under an agreement with the owner (user) are protected under this Act.
This law applies only in Czech regions and takes effect from the date of publication; It shall be implemented by the Minister for Education and Culture in agreement with the participating members of the Government.
Zaporocký v. r.
Fierlinger v. r.
Dolan v. r.
Dr Kahuda v. r.
*) Act No. 61 / 1964 Coll., on the development of plant production, Decree No. 62 / 1964 Coll., which issues implementing regulations for the Act on the development of plant production, Act No. 138 / 1973 Coll., on water.
1) Decree No. 80 / 1965 Coll., on the conservation of wildlife.
2) Decree No 54 / 1958 of the Ú. l determining the protected species and the conditions for their protection.
3) Decree No. 142 / 1980 Coll., laying down details on the protection of trees growing outside the forest, the procedure for the exceptional authorisation of their felling and the use of timber from these trees.
4) Act No. 60 / 1961 Coll., on the tasks of the National Committees in the provision of socialist order, as amended. Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
5) Decree No. 80 / 1965 Coll. Decree No 54 / 1958 Ú. l.
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Regulation Information
| Citation | Act No. 40 / 1956 Coll., on State Conservation of Nature |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.08.1956 |
|---|---|
| Effective from | 24.08.1956 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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