Decree No. 40 / 2008 Coll.
Decree amending Decree No. 432 / 2001 Coll., on the documents of the application for a decision or observations and on the formalities for the authorisation, consent and expression of the Water Authority, as amended, and Decree No. 7 / 2007 Coll., amending Decree No. 7 / 2003 Coll., on the Water Register, as amended by Decree No. 619 / 2004 Coll.
Valid
Order
Effective from 15.02.2008
Zobrazeno prvních 200 z celkem 323 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
40
DECLARATION
of 30 January 2008
amending Decree No. 432 / 2001 of the Ministry of Agriculture Coll., on documents of application for a decision or observations and on the formalities for authorisation, consent and expression of the Water Authority, as amended, and Decree No. 7 / 2007 Coll., amending Decree No. 7 / 2003 Coll., on water registration, as amended by Decree No. 619 / 2004 Coll.
The Ministry of Agriculture, in cooperation with the Ministry of the Environment, provides, pursuant to § 19 (2) and § 115 (2) of Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended by Act No. 20 / 2004 Coll.:
Decree No. 432 / 2001 Coll., on the documents of the application for a decision or observations and on the formalities for the authorisation, consent and expression of the Water Authority, as amended by Decree No. 195 / 2003 Coll. and Decree No. 620 / 2004 Coll., are amended as follows:
1. in Article 1 (a) (1), the words "or its amendment" and the words "to collect groundwater" shall be inserted after the words "water law."
2. in Article 1 (a) (2), the words "the Water Act or its amendment" shall be inserted before the words "for needs."
3. in Article 1 (a) (3), the words "or its amendment" shall be inserted after the words "Water Law."
4. in Article 1 (a) (4), the words "or its amendment" shall be inserted after the words "Water Law."
5. in Article 1 (a) (5), the words "or its amendment" shall be inserted after the words "Water Law."
6. in Article 1 (a) (9), the words "or its amendment" shall be inserted after the words "Water Law."
7. In Paragraph 1 (a), at the end of point 11, the dot is replaced by a comma and the following points 12 to 15 are added:
"12th issue of approval for the use of water works,
13. the extension of the authorisation to handle water pursuant to § 9 (4) of the Water Act;
14. the permit to collect groundwater pursuant to § 8 (1) (b) (1) of the Water Act for the needs of individual citizens (households) and the building permit pursuant to § 15 of the Water Act for the well or other water part needed for such collection;
15. authorisation to discharge waste water into surface or groundwater waters under § 8 (1) (c) of the Water Act for the needs of individual citizens (households) and building permission under § 15 of the Water Act for the domestic waste water treatment plant needed for such discharge, '.
8. in Paragraph 1, the following point (b) is inserted after point (a):
"(b) the documents to be submitted to the water authority in the case of notification of use of the water works and in the case of notification of maintenance work, restoration of the water works destroyed by a natural disaster or accident and in the case of notification of construction modifications to the use of a part of the water works under the construction law,"
Point (b) shall be renumbered (c).
9. In Article 2, the words "or its amendment 'shall be inserted after the words" groundwater' in the title.
10. in Article 2 (1) (a):
"(a) the situation of wider water management and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000,"
11. in Article 2 (1) (b), the words "government" shall be deleted; the words "after the applicant" shall be inserted after the words "if so" and the words "as a basis for initiating the procedure" shall be deleted;
12. in Article 2 (1) (d):
"(d) a copy of the permit for the construction of the waterworks and the approval decision or approval of the approval of the waterworks, provided that the required water permit is related to the existing waterworks and has in the past been issued by an authority other than the authority competent to issue a water permit today; Paragraph 125 (1) of the Construction Act is not affected. '
13. in Article 2 (1) (f):
"(f) the statement of the relevant water flow manager for the required water management where the application for authorisation relates to that water flow,";
14. in Article 2 (1) (h), the word "eligibility" shall be replaced by "eligibility (1a)," including "which consists of", "the words" (shallow or deep circulation) "by" the words, "the nature and depth of its flow," and the words "groundwater level (1a) by" groundwater level. "
15. the following paragraph 2 is inserted after paragraph 1:
"(2) The applicant shall submit the documents referred to in paragraph 1 and evidence that he is entitled (Paragraph 8 (2) of the Water Act) to the application for a change of the permit for the treatment of waters according to the nature of the change, provided that he has been issued to another body. ';
Paragraph 2 shall become paragraph 3.
16. in Paragraph 2 (3), the words "in paragraph 1" shall be replaced by the words "in paragraphs 1 and 2" and the words "with an application the model of which is given" shall be replaced by "with an application on a prescribed form, the particulars of which are laid down."
17. in Article 3 (a), the words "date of birth" shall be inserted after the word "surname."
18. in Paragraph 3 (i), the words "by X, Y2a coordinates" shall be replaced by the words "by the coordinates defined in the coordinate system of the Single Trigonometric Network of Catastral2a";
Footnote 2a reads:
"(2a) Government Decree No. 430 / 2006 Coll., on the establishment of geodetic reference systems and national map works binding on the territory of the State and on the principles of their application."
19. In Article 3a, the words "or its amendment 'shall be inserted after the words" (household)' and the words "point 1 'shall be replaced by the words" point 1 of the Water Act'.
20. in Article 3a (1) (a):
"(a) the situation of the wider relationship between the groundwater sampling point and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000, unless, at the same time as the groundwater collection, a related water work is also requested."
21. in Article 3a (1) (c):
"(c) the expression of a person with professional competence (1a), consisting of an assessment of the origin, nature and depth of the water flow, the possibility and extent of influencing the surrounding groundwater sources and the design of minimum groundwater levels, provided that such treatment may result in a substantial reduction of groundwater levels, unless the Water Authority decides otherwise in exceptional cases (Section 9 (1) of the Water Act), ';
22. in Article 3a (1) (d):
"(d) a copy of the permit for the construction of the waterworks and the approval decision or approval of the approval of the waterworks, provided that the required water permit is related to the existing waterworks and has in the past been issued by an authority other than the authority competent to issue a water permit today; Paragraph 125 (1) of the Construction Act is not affected. '
23. in Article 3a (1) (e):
"(e) decisions, opinions, opinions, assents, opinions, assessments and, where appropriate, other measures of the institutions concerned relating to the case concerned, where otherwise required by other legislation1).";
24. In Article 3a, the following paragraph 2 is inserted after paragraph 1:
"(2) The applicant shall submit the documents referred to in paragraph 1 and evidence that he is entitled (Paragraph 8 (2) of the Water Act) to the application for a modification of the permit to collect groundwater according to the nature of the change, provided that he has been issued to another body. ';
Paragraph 2 shall become paragraph 3.
25. in Article 3a (3), the words "in paragraph 1" shall be replaced by the words "in paragraphs 1 and 2" and the words "with an application the model of which is given" shall be replaced by the words "with an application on the prescribed form, the particulars of which are laid down."
26. in § 3b (a), the words "date of birth" shall be inserted after the word "surname."
27. in § 3b (h), the words "according to coordinates X, Y2a)" are replaced by the words "coordinates defined in the coordinate system of the Single Trigonometric Network of Catastral2a)."
28. In Article 3c, the words "or its amendment 'shall be inserted after the words" surface water'.
29. in Article 3c (1) (a):
"(a) the situation of wider relations between the waste water discharge site and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000,"
30. in Article 3c (1) (d), the word "opinion" shall be replaced by "observations."
31. in Article 3c (1) (d), the word "small-scale" shall be deleted;
32. in § 3c (1) (e):
"(e) a copy of the permit for the construction of the water works and the approval decision or approval of the approval procedure, provided that the required authorisation for the treatment of water is related to the existing water works and has been issued in the past by an authority other than the authority responsible for the issue of the water management permit today; Paragraph 125 (1) of the Construction Act is not affected. '
33. in Article 3c (1) (f), the words "government" shall be deleted; the words "after the applicant" shall be inserted after the words "if so" and the words "as a basis for initiating the procedure" shall be deleted;
34. in Article 3c (1), point (h) is deleted;
Point (i) shall be renumbered as point (h).
35. in Paragraph 3c, the following paragraph 2 is inserted after paragraph 1:
"(2) The applicant shall submit the documents referred to in paragraph 1 and evidence that he is authorised (Paragraph 8 (2) of the Water Act) from the existing authorisation, if it has been issued to another body, to the application for modification of the permit for the discharge of waste water into surface waters according to the nature of the change. ';
Paragraph 2 shall become paragraph 3.
36. in Paragraph 3c (3), the words "in paragraph 1" shall be replaced by the words "in paragraphs 1 and 2" and the words "with an application the model of which is given" shall be replaced by "with an application on a prescribed form, the particulars of which are laid down."
37. in Article 3d (a), the words "date of birth" shall be inserted after the word "surname."
38. in Article 3d (h), the words "by X, Y2a coordinates" shall be replaced by the words "coordinates defined in the coordinate system of the Single Trigonometric Network of Catastral2a";
39. in Article 3e, the words "or its amendment" shall be inserted after the words "household."
40. in Article 3e (1), the words "according to the nature of the type of handling of waters" shall be inserted after the words "to the application."
41.In Paragraph 3e (1) (a):
"(a) the situation of wider relations between the waste water discharge site and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000,"
42.In Paragraph 3e (1) (c):
"(c) the statement of the relevant water flow manager for the required discharge of waste water in so far as the application relates to that water flow;"
43.In Article 3e (1) (d):
"(d) the statement of a person with professional competence (1a) when the waste water is discharged into groundwater, which consists of an assessment of the possibility and extent of affecting groundwater, including its quality, unless the Water Authority decides otherwise in exceptional cases (Section 9 (1) of the Water Act), '.
44. in § 3e (1) (e):
"(e) a copy of the permit for the construction of the water works and the approval decision or approval of the approval procedure, provided that the required authorisation for the treatment of water is related to the existing water works and has been issued in the past by an authority other than the authority responsible for the issue of the water management permit today; Paragraph 125 (1) of the Construction Act is not affected. '
45. in Article 3e (1) (f):
"(f) decisions, opinions, opinions, assents, assessments or, where appropriate, other measures of the institutions concerned concerning the case, if otherwise required by other legislation1), ';
46. in Article 3e (1), points (g) and (h) are deleted;
47. in Article 3e, the following paragraph 2 is inserted after paragraph 1:
"(2) The applicant shall submit the documents referred to in paragraph 1 and evidence that it is authorised (Paragraph 8 (2) of the Water Act) from the existing authorisation, if it has been issued to another body, to the application for modification of the authorisation for the discharge of waste water into surface or groundwater waters according to the nature of the change. ';
Paragraph 2 shall become paragraph 3.
48. in Paragraph 3e (3), the words "in paragraph 1" shall be replaced by the words "in paragraphs 1 and 2" and the words "with an application the model of which is given" shall be replaced by the words "with an application on a prescribed form, the particulars of which are laid down."
49. in Article 3f (a), the words "date of birth" shall be inserted after the word "surname."
50. in § 3f (i), the words "by X, Y2a coordinates" shall be replaced by the words "by the coordinates defined in the coordinate system of the Single Trigonometric Network of Catastral2a";
51. in Article 4, the words "or its amendment" shall be inserted after the words "to certain activities."
52nd Paragraph 4 (1) (a) reads as follows:
"(a) the situation of broader relationships between the place of activity and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000,"
(53) In Paragraph 4 (1), the words "if the Water Authority cannot verify the existence of such a right in the Real Estate Register" shall be added at the end of the text in point (b).
54.
"(d) the statement of the relevant water flow manager on the activity authorised, where the application for authorisation relates to that water flow,";
55. in Article 4 (1) (f):
"(f) decisions, opinions, opinions, assents, assessments or, where appropriate, other measures of the institutions concerned concerning the case, if otherwise required by other legislation1), ';
56. In Paragraph 4, the following paragraph 2 is inserted after paragraph 1:
"(2) The applicant shall submit the documents referred to in paragraph 1 to the application for an amendment to an authorisation for certain activities, depending on the nature of the change, and proof that he is the successor in title to the person who was granted the existing authorisation, if he has been issued to another body. ';
Paragraph 2 shall become paragraph 3.
57. in Paragraph 4 (3), the words "in paragraph 1" shall be replaced by the words "in paragraphs 1 and 2" and the words "with an application the model of which is given" shall be replaced by the words "with an application on the prescribed form, the particulars of which are laid down."
58. in § 5 (a), the words "date of birth" shall be inserted after the word "surname."
(59) In Article 5 (h), the words "by X, Y2a coordinates" shall be replaced by the words "coordinates specified in the Single Trigonometric Network of Catastral2a coordinate system."
60. in Paragraph 6 (1) (b), the words "border water flow" shall be replaced by "border waters."
61. in Paragraph 6 (1) (e), the word "opinion" shall be replaced by "observations."
62. In Article 6 (1) (e), the word "competent" shall be inserted before the word "administrator" and the word "minor" shall be deleted.
63.In Article 6 (1), point (f) is deleted.
Points (g) and (h) shall be renumbered as points (f) and (g).
(64) In Article 6 (2), the words "with an application the model of which is given" shall be replaced by the words "with an application on the prescribed form, the particulars of which are laid down."
65.In Article 7 (d), the words "by X, Y2a coordinates' are replaced by the words" by coordinates defined in the Single Trigonometric Network of Catastral2a coordinate system '.
66. in § 7a (1) (c), the words "water management under § 8 of the Water Act" are replaced by the words "groundwater collection or discharges into groundwater or surface water."
67.In Article 7a (1) (d):
"(d) project documentation to be submitted in the case of authorised water works with border waters in a number established under an international agreement bound by the Czech Republic."
68. In Paragraph 7a (2), the words "with an application the model of which is given 'are replaced by the words" with an application on the prescribed form, the contents of which are laid down'.
69. in § 7b (d), the words "by X, Y2a coordinates" shall be replaced by the words "by coordinates defined in the coordinate system of the Single Trigonometric Network of Catastral2a";
770. in Article 7c (1) (d), the words "the Water Authority" shall be replaced by the words "the Authority, before the Water Authority, is now competent for the adoption of the approval decision."
711. in § 7c (1) (e), the words "authorised under § 7a and § 7b" are replaced by the words "referred to in § 7a."
72. in Article 7c (2), the words "with an application the model of which is given" shall be replaced by the words "with an application on the prescribed form, the particulars of which are laid down."
73.In Article 7d (b):
"(b) determination of the position of the water work by coordinates of the defined point of the water work and for the structures referred to in Section 7a by indicative coordinates specified in the coordinate system of the Single Trigonometric Network of Catastral2a.";
74. In Article 7d, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The definition point referred to in paragraph 1 shall mean:
(a) objects located outside the water stream a point located near the centre of the water works (e.g. well, hydroelectric power plant, water);
(b) objects lying across the water stream or across the valley of the intersection between the axis of the object and the axis of the flow (the axis of the valley) (e.g. the crown of the dam and the axis of the water flow of the sifting or accumulation objects, the dam of the drains);
(c) liner structures located point
1. at the beginning of the water works (e.g. water works - sewers and sewerage buildings, including waste water treatment plants), which is the outermost point from the discharge point, or the effluent (rainwater),
2. at the end of the water works (e.g. in the case of water works - structures of water lines and waterworks, including water treatment), which is the outermost point from the point of water collection or water flow to the water supply,
d) a set of objects point located close to the centre of the territory resulting from the delimitation of scattered objects,
(e) the point of intersection of the axis of the object and the bank line (sampling point, discharge point). ';
75. in Article 7e, the words "or its amendment" shall be inserted after the words "sewerage."
76.
"(a) the situation of the wider relationship of the waste water discharge site containing a particularly dangerous defective substance in and around the sewage system, including the designation of the discharge into which it is considered, schematically drawn into the map material, usually on a scale of 1: 10 000 to 1: 50 000,"
77.In Article 7e (1) (c), the words "with connection to such sewerage which is not a sewerage for public use 'are replaced by the words" with discharge of waste water containing a particularly dangerous defective substance into the sewerage'.
78.In Article 7e (1) (e), the words "government 'shall be deleted; the words" after the applicant' shall be inserted after the words "after the applicant 'and the words" as a basis for initiating the procedure' shall be deleted;
79. In Article 7e, the following paragraph 2 is inserted after paragraph 1:
"(2) The applicant shall submit the documents referred to in paragraph 1 to the application for modification of the authorisation for the discharge of waste water containing a particularly dangerous substance into the sewerage according to the nature of the change and proof that it is the legal successor of the person to whom the existing authorisation has been issued if it has been issued to another body. ';
Paragraph 2 shall become paragraph 3.
8. in Paragraph 7e (3), the words "paragraph 1" shall be replaced by the words "paragraphs 1 and 2" and the words "with an application the model of which is given" shall be replaced by the words "with an application on a prescribed form, the particulars of which are laid down."
81. In Article 7f (a), the words "date of birth" shall be inserted after the word "surname."
82. In Article 7f (d), the words "containing a particularly dangerous substance in the sewerage" and the words "according to coordinates X, Y2a)" shall be replaced by the words "coordinates defined in the coordinate system of the Single Trigonometric Network of Catastral2a";
83.In Paragraph 8 (1) (a):
"(a) the situation of the wider relationship between the site of the intended construction, installation or activity and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000,"
84. in Paragraph 8 (1) (b), the word "intent" shall be deleted;
85. in Paragraph 8 (1), the words "including a technical assessment of their impact on outflows, if any, shall be added at the end of the text in point (c)."
86. in Article 8 (1), point (d) is deleted;
Points (e) and (f) shall be renumbered as points (d) and (e).
87.In Paragraph 8 (1) (e), the word "opinion 'is replaced by" observations'.
88. In Paragraph 8 (1) (e), the word "competent" shall be inserted before the word "administrator" and the word "minor" shall be deleted.
(89) In Article 8 (2), the words "with an application the model of which is given" shall be replaced by "with an application on a prescribed form, the contents of which are laid down."
90. In Paragraph 9 (a), the words "date of birth" shall be inserted after the word "surname."
91. in § 9 (g), the words "by X, Y2a coordinates" shall be replaced by the words "by the coordinates defined in the coordinate system of the Single Trigonometric Network of Catastral2a";
92.In Paragraph 10 (1) (a):
"(a) the situation of the wider relationship between the site of the intended construction, installation or activity and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000,"
93. In Article 10 (2), the words "with an application the model of which is given 'are replaced by the words" with an application on the prescribed form, the contents of which are laid down'.
94. The following Sections 11a to 11g are inserted after Section 11, including the headings and footnotes No 7:
Documents for the issue of approval for the use of water works
(K § 15 Water Act and § 122 Construction Act)
(1) The applicant submits to the application, in addition to the particulars provided for in other legislation6)
(a) the documents accompanying the application for approval under another legislation (7);
(b) the project documentation to be submitted in the case of authorised water works with border waters in a number determined under an international agreement to which the Czech Republic is bound;
(c) proof of the comprehensive processing of the documentation of geodetic works (for underground networks of technical equipment before they are covered), with the exception of the structures referred to in Section 7a;
(d) proof that the new owner of the building became the legal successor of the original builder, if during the construction, the builder changed.
(2) The documents referred to in paragraph 1 shall be submitted by the applicant to the water authority together with the application on the prescribed form, the particulars of which are set out in Annex 12.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 40 / 2008 Coll., amending Decree No. 432 / 2001 Coll., on documents of application for a decision or observations and on the formalities for authorisation, consent and comments of the Water Authority, as amended, and Decree No. 7 / 2007 Coll., amending Decree No. 7 / 2003 Coll., on water law, as amended by Decree No. 619 / 2004 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.2008 |
|---|---|
| Effective from | 15.02.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0