Act No. 41 / 2015 Coll.
Act amending Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended
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Effective from 01.04.2015
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41
THE LAW
of 10 February 2015
amending Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on the Protection of the Agricultural Soil Fund
Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 10 / 1993 Coll., Act No. 98 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 167 / 2008 Coll., Act No. 9 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 402 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 503 / 2012 Coll. and Act No. 64 / 2014 Coll., is amended as follows:
1. In Article 1 (2), the words "meadows, pastures (hereinafter referred to as" agricultural land ") 'are replaced by" permanent grassland' and the words "(hereinafter referred to as" temporarily uncultivated land ')' are replaced by the words "(hereinafter referred to as" agricultural land ") '.
2. In Paragraph 1 (3), the words "protection terraces against erosion 'are replaced by" technical anti-erosion measures'.
3. The heading of Part II reads: "AMENDMENT OF THE USE OF AGRICULTURAL SOURCES AND PRINCIPLES OF THE PROTECTION OF AGRICULTURAL SOURCES '.
(4) Sections 2 and 3, including the headings and footnotes 18 and 28, read:
Change in agricultural land use
Agricultural land registered in the real estate register 18) as permanent grassland can only be converted into arable land with the agreement of the Agricultural Soil Fund Protection Authority, granted on the basis of an assessment of the physical or biological characteristics of the agricultural land, the risks to the soil of the soil by erosion, including the location of the valleys and the measures taken to reduce these risks, such as slope lines.
Principles for the protection of agricultural land
(1) It is prohibited
(a) to pollute the agricultural land by bringing substances, preparations or organisms into or onto the agricultural land, the quantities of which exceed the preventive values which represent the upper limit of the levels of the hazardous substances and the risk elements laid down in the implementing legislation; the use of substances and preparations on agricultural soils in accordance with specific legislation28 is not considered to be pollution of agricultural soils;
(b) cause a threat to agricultural land by erosion by exceeding the permissible level of erosion risk laid down in the implementing legislation; the permissible rate of erosion risk shall be determined on the basis of the average long-term land loss expressed in tonnes per hectare per year, depending on the depth of the soil;
(c) use agricultural land for non-agricultural purposes without consent from the agricultural land fund, except where consent is not needed; and
(d) damage the physical, chemical or biological characteristics of agricultural land by compacting, encroaching, drying, overlapping or erosion.
(2) The introduction of substances or preparations other than those provided for in specific legislation28 shall be prohibited in or on agricultural soils.
(3) The use of treated sludge and sediments is prohibited on agricultural land where the preventive value has been found to be exceeded. The use of fertilisers or preparations containing a risk substance or a risk element which has been exceeded shall be prohibited on agricultural land where the indication value has been found to be exceeded; Indicative values shall mean the levels of risk substances or risk elements in agricultural land which exceed which there is a risk to the health of food or feed, a direct threat to human or animal health in contact with soil and a negative impact on the production function of agricultural land, as laid down in the implementing legislation.
(4) The owner or any other person entitled to use the agricultural land shall be obliged to use it or maintain it in accordance with the characteristics of the lands18), unless:
(a) its use in accordance with agreement with the temporary removal of agricultural land from the agricultural land fund;
(b) the management of the soil block user included in the land register under the Agriculture Act and in accordance with that register; or
(c) land management which is used in the original way after land treatment, provided that the joint establishment has not yet been implemented under the Land Treatment Act and Land Offices.
(5) Agricultural land is divided, by quality, into five classes of protection for the agricultural land fund (hereinafter referred to as "conservation classes") as defined by the implementing legislation. Agricultural soil Class I and Class II cannot be used as a plantation of timber (18).
(6) Agricultural land can be used as planets18) for a maximum period of 10 years. In the case of a harvest plantation, agricultural land may be used for a maximum period of 30 years; the length of one growing cycle shall not exceed 10 years. The owner or any other person authorised to use the agricultural land shall, within 1 year of the end of the use of the agricultural land as a plantations of timber 18) remove the stumps and recover them in such a way as to qualify for further agricultural use. After the end of the last growing cycle, the agricultural land must be used by other means for at least 3 years.
(7) The owner or any other person authorised to use the agricultural land shall be required to notify the planting of the timber or the beginning of the new growing cycle and the end of the use of the agricultural land as plantations 18) of the protection authority of the agricultural land fund referred to in Article 15 within 15 days of the date of planting, the start of the new growing cycle or the end of the use of the agricultural land as plantations 18). This obligation shall not apply to persons who have reported or reported such facts to the State Agricultural and Intervention Fund when applying for subsidies under the directly applicable European Union Regulation laying down common rules for direct support schemes under the common agricultural policy.
18) Act No. 256 / 2013 Coll., on cadastral property (cadastral law). Decree No. 357 / 2013 Coll., on the Real Estate Register (cadastral decree).
28) For example, Act No. 156 / 1998 Coll., on fertilisers, soil aids, aids and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended, Act No. 326 / 2004 Coll., on plant health and amending certain related laws, as amended, code R10 of Annex No. 3 to Act No. 185 / 2001 Coll., on waste and amending certain other laws. '
footnotes 1 to 4a are deleted.
5. The following Section 3a to 3c is inserted after Section 3, including the headings and footnotes 29 and 30:
Use of sediments on agricultural land
(1) The use of sediments from ponds, ponds and watercourses is only possible on agricultural soils if the arable soils are (18) or permanent grassland (18) in its renewal, with the agreement of the Agricultural Soil Fund Protection Authority and subject to the conditions and procedures laid down by the Fertiliser Act. When restoring the permanent grassland of an agro-technical operation following its erosion shall not exceed 2 years, and the new erosion shall not be carried out before the end of the fifth year following the completion of the recovery process for permanent grassland. The approval shall be granted if the sediment complies with the requirements of its qualitative characteristics laid down by special legislation29) and if the favourable physical, biological or chemical properties of the soil are not damaged by the use of sediments on the land.
(2) The application for approval of the use of sediments from ponds, water tanks and watercourses must contain, in addition to the requirements laid down in the administrative rules,
(a) the identification of the parcels on which the sediment is to be used and the indication of the total quantity of sediment in tonnes of dry matter to be used; if the land is included in the land register under the Agriculture Act, it shall be identified by the soil block identification number or, where applicable, the part of the soil block and its area, otherwise it shall be identified by the cadastral territory and the parcustoms number of the land,
(b) the consent of the owner of the agricultural land on which the sediment is to be used or of any other person authorised to use that agricultural land, in the absence of an applicant;
(c) data on the quality of sediments to the extent provided for by special legislation29), not more than 3 years old;
(d) indication of the origin of the sediment;
(e) information on the method of sampling soils and sediment and on the technological processing of the sediment before use;
(f) data on the quality of the soil to which the sediment is to be used, to the extent provided for by specific legislation29),
(g) confirmation by the laboratory of the sampling and evaluation of samples of sediment and soil to be used, indicating the accreditation for the sampling and analysis of the soil and sediment for the relevant matrix;
(h) the location of interdeponia as referred to in (a); and
(i) the estimated date of commencement of use of the sediment.
(3) If, even if the requirements on the qualitative characteristics of the sediment laid down by special legislation29) are satisfied, the presence of risk elements or risk substances in the sediment which do not provide for specific legislation and as a result there is a risk of damaging the favourable physical, biological or chemical properties of the agricultural land, the protection authority of the agricultural soil fund may impose on the applicant the processing of ecotoxicological tests under the specific legislation29). If ecotoxicological tests demonstrate sediment toxicity, consent cannot be given.
(4) The protection authority of the agricultural land fund shall keep a record of the use of sediments from ponds, water tanks and watercourses on agricultural land in its administrative district and transmit data to the land register under the Agricultural Act. The content of the registration shall be:
(a) the date on which the consent issued pursuant to paragraph 1 was acquired or, where applicable, the date on which the decision for which the consent was a binding basis;
(b) the quantity of sediment in tonnes of dry matter of sediment per hectare;
(c) data on sediment quality,
(d) the origin of the sediment;
(e) details of the parcels on which the intermediate depot is situated;
(f) data on the parcels on which the sediment is to be used; and
(g) the date on which sediments are started.
(5) The commencement of the use of sediments authorised by the consent referred to in paragraph 1 shall be notified to the protection authority of the agricultural land fund which granted the consent at the latest 14 days in advance. Consent shall cease to be valid if the use of sediments has not been initiated within 3 years of the date on which it has acquired legal power or, where appropriate, the date on which the decision for which the consent was a binding basis has become final.
Acquisition and registration of information on the quality of agricultural land and registration of the withdrawal of agricultural land
(1) Information on the quality of agricultural land contains data on:
(a) the content of the risk elements and the risk substances in the agricultural land;
(b) the physical, chemical and biological characteristics of the agricultural land; and
(c) the degree of erosion risk to agricultural land.
(2) The authorities of the protection of the agricultural land fund shall transmit the information referred to in paragraph 1 obtained from an activity carried out under this law to the register of information on the quality of agricultural land. The record of information on the quality of agricultural land is part of the land register according to the Agricultural Act, kept in its separate part. The authorities for the protection of the agricultural land fund shall have access to parts of the land register under the Agricultural Act necessary for the activities carried out under this Act.
(3) The information contained in the register of information on the quality of agricultural land is used to evaluate the quality of agricultural land and its development, carried out by the authorities for the protection of the agricultural land fund, in particular by adverse changes; the adverse changes in agricultural land shall be considered to be the excess of the preventive values in agricultural soils or the situation in which the observed characteristics of agricultural land referred to in paragraph 1 have deteriorated in the time interval of two surveys.
(4) The authorities of the protection of the agricultural land fund shall send data relating to the withdrawal of agricultural land from the agricultural land fund, including data on withdrawal payments, within 30 calendar days of the date of the acquisition of the legal power of the decision, the basis of which is the approval of the withdrawal or the date of the acquisition of the legal power of the decision to grant consent to the withdrawal of the agricultural land from the agricultural land fund maintained by the Ministry of the Environment through the designated electronic application on the electronic form established by the Ministry of the environment.
Procedures for pollution of agricultural land or threat to agricultural land by erosion and corrective measures
(1) The authorities of the protection of the agricultural land fund shall impose on the originator of the malfunctioning measures to remedy the defects caused by the breach of the obligations referred to in Article 3, with the exception of paragraph 1 (b), and measures to remedy the malfunctioning caused by failure to comply with the conditions of their consent. The costs of the correction measure shall be borne by the originator of the defective condition. The obligations arising from the remedy measures imposed by the originator of the malfunctioning shall be transferred to his successor in law.
(2) Special rotational practices, agro-technical and meliorative measures to improve soil characteristics, reduce accessibility or take-off of risk elements and risk substances, or change the type of land may be imposed as a remedy measure, depending on the observed pollution of agricultural land. The method of correction in the event of an erosion threat shall be chosen by the originator of the defect in accordance with the implementing legislation.
(3) The authority of the protection of the agricultural land fund shall notify the State Agricultural and Food Inspection Authority and, in relation to the feed health requirement, the Central Control and Testing Institute of the agricultural inspection and testing centre.
(4) The authority for the protection of the agricultural land fund shall notify the owner of the land and the county health centre of the excess of the indicator values in relation to the threat to animal health and shall notify the owner of the land and the State Veterinary Administration.
(5) A remedy measure shall not be imposed where a decision has been taken to remedy the environmental damage under the Law on the Prevention and Correction of Organic Damage30). The new procedure for the imposition of corrective measures shall be suspended by the authority for the protection of the agricultural land fund if a remedy for environmental damage has been initiated under the Law on the Prevention and rectification of Environmental Damage.
(6) Owners and other persons who are entitled to use agricultural land to which the correction measure is linked, who are not at the same time authors of the defective condition, are obliged to abide by the implementation of the correction measure. To this end, they shall be obliged to allow access to their land and to suffer to the extent necessary a restriction on the normal use of their land.
29) Act No. 159 / 2009 Coll., as amended. Decree No. 257 / 2009 Coll., on the use of sediments on agricultural land.
30) Act No. 167 / 2008 Coll., on preventing and correcting environmental damage and amending certain laws, as amended. '
6. In the title of Part III, the word "WHOLE 'shall be inserted after the word" PRINCIPLES'.
7.
(1) For non-agricultural purposes, mainly non-agricultural land, unbuilt and underutilized land in the built-up area or on non-built areas of construction sites outside these territories, building props and areas resulting from the demolition of surviving buildings and installations must be used. If the agricultural land is to be withdrawn from the agricultural land fund, the first of all:
(a) to remove agricultural land preferably on stalled areas;
(b) to remove less quality agricultural land as a priority; soil quality criteria are protection classes,
(c) disturb as little as possible the organisation of the agricultural land fund, the hydrological and outflow ratios in the territory and the network of agricultural special-purpose roads;
(d) remove only the most necessary area of the agricultural land fund and, after the non-agricultural activity has ceased, prioritise the agricultural use of land;
(e) when placing directional and line structures as little burden as possible on the management of the agricultural land fund; and
(f) on completion of the authorisation for non-agricultural activities, without delay, to make a terrain adjustment so that the land concerned can be reclamated and be eligible to perform other functions in the landscape as provided for in the rehabilitation plan.
(2) In particular, the absence of the areas referred to in paragraph 1 shall be considered as necessary in the territory of the municipality on which the project affecting the agricultural land fund (hereinafter referred to as the "project ') is to be implemented, or in the territory of two or more municipalities, where the project is concerned, which goes beyond the territory of the municipality, or a public utility or public utility measure.
(3) Agricultural soil Class I and Class II may be withdrawn only where the other public interest significantly outweighs the public interest in the protection of the agricultural soil fund.
(4) Paragraph 3 shall not apply in the assessment of those areas included in the applicable planning documentation, unless a change of destination is to occur in the new planning activity. ';
footnote 5 is deleted.
8. In Article 5 (3), the words "or territorial consent 'are deleted and the words" issued pursuant to Article 9' are inserted after the words "soil fund '.
9. In Article 6, the sentence "The request for consent shall include the justification and evaluation referred to in paragraph 1, the prior consent of the Ministry of the Environment to determine the mining space under the Upper Law 31), the graphical representation of the bearing boundaries and, where appropriate, the blocks of mineral reserves according to the results of the geological survey, if any, to present them, and the proposal for a study of reclamation. '
footnote 31 reads as follows:
"31) Paragraph 24 (2) of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Law), as amended."
10. Paragraph 7, including the title and footnotes No 10 to 12, reads:
When processing documentation for the location of the project
(1) The documentation for the issue of a territorial decision requiring approval under Article 9 must be drawn up taking into account the principles of area protection of the agricultural land fund (Article 4), the location of the building must be designed in such a way as to minimise losses of the agricultural land fund in terms of the protection of the agricultural land fund and other legally protected public interests, while assessing the consequences of the proposed solution on the agricultural land fund.
(2) Identification alternatives shall be developed whenever the construction is located outside the built-up area, except where the construction is located in accordance with:
(a) applicable principles of territorial development or a valid territorial plan; or
(b) a proposal for routes of above and underground lines, roads (10), national draft11) and waterways and their parts (12), on which the authorities of the protection of the agricultural land fund have granted an opinion pursuant to paragraph 4.
(3) The builder of the routes above and below ground lines, roads, national railways and waterways and their parts are obliged to propose the location of the construction in such a way that, in terms of the protection of the agricultural land fund and other legally protected public interests, the losses of the agricultural land fund are as low as possible, while assessing the consequences of the proposed solution on that fund. The evaluation shall be accompanied by the request for observations referred to in paragraph 4.
(4) The proposed routes of above and underground lines, roads, national waterways and waterways and their parts will always be expressed by the Agricultural Soil Fund Protection Authority, proposing in its observations measures to ensure the protection of the Agricultural Soil Fund; the statement is preliminary information under the administrative rules on the conditions for the approval of the withdrawal of agricultural land from the agricultural land fund.
(5) There is no need to express the opinion of the Agricultural Soil Fund Protection Authority referred to in paragraph 4,
(a) where the construction of a route of above and underground lines, infrastructure, national waterways and waterways and their components are to be carried out on areas defined for this purpose by the applicable territorial development principles or by a valid territorial plan, or where the conditions for the location of routes of above and underground lines, infrastructure, national waterways and waterways are laid down in a regulatory plan,
(b) if they are part of a solution contained in the documentation of other buildings for which approval of withdrawal has been given pursuant to Article 9, proposals for routes of above and underground lines, infrastructure, national railways or waterways and their components;
(c) in the case of a proposal for modification of the routes of overhead and underground lines, infrastructure, national waterways and waterways and their components; or
(d) in the case of modifications to the nivelet, the width and parameters of the arches of existing overhead and underground lines, infrastructure, national waterways and waterways.
(6) The request for observations referred to in paragraph 4 shall include, in addition to the particulars provided for in the Administrative Rules:
(a) a sketch of the proposed route of overhead and underground lines, roads, national waterways and waterways and their components in the image of the cadastral map showing the individual parcels of land covered by the agricultural land fund according to the cadastral territory;
(b) hydrological and outflow data;
(c) data on agricultural purpose roads and field roads,
(d) data on the chartered soil units of the parcels concerned and their classification in the protection classes in the case where the alternative location of the routes above and underground lines, roads, national waterways and waterways and their components is possible; and
(e) brief details of the technical solution of the construction.
10) Act No. 13 / 1997 Coll., on roads, as amended.
11) Act No. 266 / 1994 Coll., on Railways, as amended.
12) Act No. 114 / 1995 Coll., on Inland Navigation, as amended. '
footnote 9 is deleted.
11. In Section 8, the words "landscaping 'shall be inserted after the words" industrial activities'.
12. in Paragraph 8 (1) of the Introductory Part of the provision, the words "and landscapes" shall be inserted after the words "and the words" must "shall be inserted after the words" and the words "assess the intended consequences of the proposed solution on the agricultural land fund"; and "
13. in Article 8 (1) (a):
"(a) to hide separately the upper cultural layer of the soil and, where appropriate, the deeper-stored soil-capable land on the whole area concerned and ensure that it is used economically or properly stored for the purpose of reclamation, or to ensure that it is transported and spread to areas designated by the soil protection authority, unless, in justified cases, that authority grants an exemption from the obligation to carry out the soil cover; in particular the withdrawal of agricultural land from the agricultural land fund shall be considered a justified case
1. for the purposes of afforestation and, where appropriate, declarations for land intended for the performance of forest functions;
2. on grounds of classification in the type of land, the other area where the land cannot be cultivated,
3. in order to protect nature and landscape,
4. for the protection of archaeological sites; or
5. for the establishment of protection zones of Class I aquatic resources and protection zones of Class I natural and protective zones of Category I natural mineral water sources, '.
14. in Article 8 (2) (c), the words "or, where appropriate, with the tenant of the land belonging to the agricultural land fund" shall be replaced by the words "the agricultural land concerned, or by another person authorised to use that land."
15. in Article 9 (1) and (2), including footnote 32:
"(1) In order to withdraw agricultural land from the agricultural land fund for non-agricultural purposes, the agreement of the protection authority for the agricultural land fund shall be required. The intention which requires the removal of agricultural land from the agricultural land fund may not be authorised under specific legislation32) without such consent, except in the cases referred to in paragraph 2. When assessing the withdrawal, the authority for the protection of the agricultural land fund shall be based on the total area of agricultural land required for the target project.
(2) The agreement referred to in paragraph 1 does not need to be withdrawn from the agricultural land fund
(a) in a built-up territory for:
1. construction, including related built-up areas, having an area of up to 25 m2; or
2. a building for housing or a public utility building located in a space of up to 0,5 ha,
(b) for location
1. signals, stabilising stones and other marks for geodetic purposes, underground line input shafts and aerial masts, mobile networks, unless they are in individual cases more than 30 m2;
2. pumping stations, wells, wells and above-ground and wind pits, unless the area exceeds 55 m2 in each case; or
3. projects on unbuilt parts of built-in building site,
(c) for the restoration of natural watercourses; or
(d) for non-agricultural purposes for a period of less than one year, including the time needed to bring agricultural land into its original state, provided that the date of commencement of the non-agricultural use of agricultural land is at least 15 days in advance in writing to the protection authority of the agricultural land fund referred to in Article 15.
32) For example, Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 13 / 1997 Coll., on Road, as amended, Act No. 266 / 1994 Coll., on Railways, as amended, Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Acts (Water Act), as amended, Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended. "
footnotes 13 to 17 are deleted.
16. in Paragraph 9 (4):
"(4) The object of the withdrawal of agricultural land from the agricultural land fund for the construction of a family house and for family recreation, where the land adjacent to the building is intended to serve as a gardening ground (18), is the area required for the construction and related reinforced areas, the conditions necessary to ensure the protection of the agricultural land fund are laid down for the entire area of the agricultural land concerned by the construction. '
17. In Article 9, the following paragraph 5 is inserted after paragraph 4, including footnote 33:
"(5) Paragraph 4 (3) shall not apply when deciding on a project where the intention:
(a) public transport or public technical infrastructure (33) located in the corridor defined in the applicable territorial development principles on the basis of an evaluation of the location of the project, a technical estimate of the area occupied by agricultural land and its classification in the conservation classes;
(b) placed on a standstill area as defined in the applicable territorial development principles on the basis of an evaluation of the location of the project, a technical estimate of the area occupied by the agricultural land and its classification in the conservation classes;
(c) on a stoppable area as defined in the current territorial plan;
(d) mining in specified conquest areas; or
(e) mineral exploration and exploration in specified research areas.
33) Paragraph 2 (1) (k) (1) and (2) of the Building Act. '
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
18. in Paragraph 9 (6):
"(6) The application for approval of the removal of agricultural land from the agricultural land fund shall, in addition to the requirements laid down in the administrative rules, include the purpose of the intended withdrawal, the assessment of the intended consequences of the proposed solution to the agricultural land fund and the justification why the proposed solution is the most advantageous in terms of the protection of the agricultural land fund, the environment and other legally protected public interests. Where only the stage of the overall project is withdrawn, the applicant shall indicate its final estimated extent, in particular the total requirements for agricultural land. It shall include:
(a) the cadastral data on the land covered by the proposed withdrawal of agricultural land from the agricultural land fund, indicating the ownership or, where appropriate, user relations with the land concerned, as well as the area of parcels or parts thereof and the drawing of the proposed withdrawal in a copy of the cadastral map, supplemented, where appropriate, by an indicative plot of parcels from an earlier land register;
(b) a statement by the holder of the agricultural land the withdrawal of which is proposed from the agricultural land fund or by any other person authorised to use that agricultural land, in the absence of an applicant, for the proposed withdrawal;
(c) the calculation of the income for the removal of land from the agricultural land fund, including the calculation procedure set out in the Annex to this Law, and the input data used for the calculation, unless the withdrawal is not provided for;
(d) a plan for reclamation if the land is to be returned to the agricultural land fund after the end of the withdrawal or reclamated by afforestation or by the establishment of a water area;
(e) a preliminary balance of the cover of the cultural layers of the soil and a proposal on how it is used economically;
(f) evaluation and design of alternatives pursuant to § 7 (1) and (2);
(g) results of a pedological survey;
(h) data on drainage and irrigation;
(i) data on anti-erosion measures;
(j) a sketch of the boundaries of the soil-protected units, indicating the conservation classes; and
(k) the information in which subsequent procedures under specific legislation are to be the basis for approval of the removal of agricultural land from the agricultural land fund. ";
19. In Article 9, the following paragraph 7 is inserted after paragraph 6:
"(7) In the case of mineral mining, the application for approval of the removal of agricultural land from the agricultural land from the agricultural land fund shall contain, in addition to the formalities referred to in paragraph 6, the results of the geological survey and the level of groundwater. ';
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
20. in Paragraph 9 (8) (c):
"(c) approve the recovery plan referred to in paragraph 6 (d), or provide, where appropriate, for a special procedure for its implementation in terms of the time and completion of work, provided that there are particular reasons for this in the case of quarry (surface) extraction of coal and kaolin or in the case of geological research work, in particular in the case of very deep wells."
21. In Article 9, at the end of paragraph 8, the dot is replaced by "a 'and the following point (e) is added:
"(e) define stages for projects undertaken after stages.";
22nd Paragraph 9 (9) reads:
"(9) The amount of the levy shall be defined by the authority for the protection of the agricultural land fund only in an indicative manner. The final amount of the contributions shall be determined in accordance with Article 11. ';
23. in Paragraph 10 (1), the words "Paragraph 9 (6)" are replaced by the words "Paragraph 9 (8) for a project requiring authorisation under specific legislation."
24. In Article 10, at the end of paragraph 2, the sentence "The Agricultural Soil Fund Protection Authority may, on a proposal from a person referred to in paragraph 1, amend the final decision to consent to the withdrawal of agricultural land from the Agricultural Soil Fund (Article 21) if the conditions applicable to the content of the consent have changed. The amendment of the consent to the extraction of mineral materials carried out in a specified conquest area for the protection of nature is only possible on the basis of the opinion of the nature conservation authority on the intention of declaring a registered significant landscape element or a temporary protected area. Modifications of consent for reasons of nature protection shall not exceed 10% of the area covered by the originally approved recovery plan. The amendment of the consent for reasons of nature protection shall be effective from the date on which the authorisation to register a significant landscape element is granted or from the date on which the decision to declare a temporary protected area is granted. ';
25. Paragraph 10 (3) reads:
"(3) The approval of the removal of agricultural land from the agricultural land fund shall expire three years after the date of its notification to the applicant unless it is a basis for management under specific legislation. If consent was given in the form of a decision (Paragraph 21), it would cease to be valid if the implementation of the intention was not initiated within 3 years of the date of acquisition of its legal power. '
footnotes 19 and 19a are deleted.
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Regulation Information
| Citation | Act No. 41 / 2015 Coll., amending Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.03.2015 |
|---|---|
| Effective from | 01.04.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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