Act No. 416 / 2009 Coll.
The Act on the Acceleration of Construction of Strategically Important Infrastructure
Valid
Law
Effective from 27.11.2009
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416
THE LAW
of 4 November 2009
on speeding up the construction of strategically important infrastructure
Parliament has decided on this law of the Czech Republic:
PROCEDURES FOR PREPARATION AND AUTHORIZATION OF THE SELECTED STATUS AND THE FOLLOWING COURT REVIEW
(1) This Act implements the relevant provisions of the European Union24) and regulates the procedures for the preparation and authorisation of structures for transport, water, energy and mining infrastructure, infrastructure for carbon dioxide storage, electronic communications infrastructure and strategic investment structures, for the acquisition of the rights to land and buildings necessary for the implementation of those structures and for the putting into use of such structures in order to speed up their property management, authorisation and subsequent judicial review of administrative decisions in relation to such structures. This law further regulates, following the directly applicable regulation of the European Union10) the exercise of state administration and the procedure for authorising projects of common interest and the procedure for taking decisions on the designation of an area as a valley to accelerate the implementation of zero-net technologies.
(2) Transport infrastructure for the purposes of this Act means:
(a) the construction of, or related to, first-class motorways or roads;
(b) national or related railway structures;
(c) the water transport infrastructure listed in Annex 2 to this Act;
(d) railway and road terminals pursuant to § 5e (1) (c);
(e) other structures of transport infrastructure (1) or related structures located in areas or corridors defined in the territorial development plan; or
(f) in the territorial planning documentation defined by, or related to, public transport infrastructure construction1).
(3) Water infrastructure for the purposes of this Act means:
(a) the construction of a water workshop (11) located in areas and corridors defined in and related to the territorial development plan; or
(b) construction of a water workshop (11), built in the public interest for flood protection, prevention or mitigation of the consequences of drought, as well as for other purposes under the Water Act (11), and in the public interest, and related buildings.
(4) For the purposes of this Act, energy infrastructure means the buildings and installations of the electricity system, gas system, thermal energy supply systems, energy safety or oil or production line structures under another law established and operated in the public interest (5), unless they conflict with the territorial development plan and the principles of territorial development, recharging stations, hydrogen pumps or liquefied methane service stations, and buildings related to such structures and facilities. Selected buildings of energy infrastructure are:
(a) transmission system structures and installations;
(b) electricity plants with a total installed electricity output of 100 MW or more;
(c) transmission system structures and installations;
(d) gas storage tanks;
(e) oil and pipeline construction and installations;
(f) distribution system structures and installations with a voltage of 110 kV, including a transformer of 110 kV;
(g) distribution system structures and installations, including transformers related to charging stations, hydrogen filling stations or liquefied methane filling stations;
(h) gas structures and equipment with a pressure level of 4 to 40 bar, including related technological objects;
(i) construction and installation of heating distribution equipment;
(j) gas plants with a power output greater than 1 MW connected to the gas system, including pipelines; or
(k) buildings for energy security.
(5) For the purposes of this Act, the construction of energy security means:
(a) construction at the site of a nuclear installation involving a fissile chain reaction reactor or any other chain nuclear reaction for energy purposes; or
(b) another construction located inside and outside the site of a nuclear installation related to the construction, putting into service, operation, implementation of modifications or maintenance of the construction referred to in (a), including:
1. the construction and installation necessary for the connection of power generation and energy sources to the distribution, transmission or transmission system or to the heat supply system;
2. the buildings and installations of the electricity system, gas system or thermal energy supply system, including those necessary for the safe and reliable operation of the system,
3. other necessary technical infrastructure structures;
4. necessary construction of transport infrastructure,
5. Construction site, or
6. construction of a warehouse of fresh or spent nuclear fuel,
(c) the construction of a gas power plant with a total installed power output of 100 MW or more, including other structures located inside and outside the site of the building related to the construction, putting into service, operation, implementation of changes or maintenance of the building and its connection to the electricity and gas system, including those related to that connection;
(d) the construction of a renewable electricity plant with a total installed output of 15 MW or more, including its connection to and related to the electricity system; the construction of a wind power plant shall be considered to be an energy safety building as well as as as part of a set of wind power-generating buildings or electricity sources where the total sum of the buildings exceeds the value of the installed power according to part of the sentence in front of the semicolon.
(6) For the purposes of this Act, a charging station shall be defined in accordance with the directly applicable European Union regulation governing the introduction of alternative fuel infrastructure by publicly accessible charging stations.
(a) for light electric vehicles placed along the trans-European transport network in accordance with this Regulation directly applicable; or
(b) for heavy electric vehicles situated along the trans-European transport network, on a safe and protected parking area or in a city junction in accordance with this directly applicable regulation.
(7) For the purposes of this Act, a hydrogen service station shall be defined in accordance with the directly applicable European Union regulation governing the introduction of infrastructure for alternative fuels, publicly accessible hydrogen service stations for road vehicles which:
(a) it is located along a trans-European transport network or in an urban hub in accordance with this directly applicable regulation; or
(b) it also allows hydrogen to be pumped into the fuel tank of power train vehicles.
(8) For the purposes of this Act, a liquefied methane pump station is, for the purposes of this Act, in accordance with the directly applicable European Union regulation governing the introduction of infrastructure for alternative fuels, a publicly accessible gas station for road vehicles which is located along the trans-European transport network, in a urban junction in accordance with this directly applicable regulation, or within 10 km of a driving distance from the nearest road exit which is part of the TENT network.
(9) For the purposes of this Act, the mining infrastructure shall mean the buildings and facilities to serve the openers, the preparation and extraction of bearings of strategic importance under the Mining Act, as well as the structures used for their treatment and processing in connection with their conquest, the buildings intended for their transport and storage sites for mining waste.
(10) For the purposes of this Act, carbon dioxide storage infrastructure means the structures and equipment to be used to store carbon dioxide in natural rock structure25) or to capture carbon dioxide, and the construction of a transport network intended to transport carbon dioxide to a carbon dioxide storage site.
(11) For the purposes of this Act, the infrastructure of electronic communications is the construction of the communication lines of the public communications network as a technical infrastructure for electronic communications and related communication equipment, including their electrical connections.
(12) For the purposes of this Act, the attachment means the underground construction of the electronic communications infrastructure, which is attached
(a) the construction of a road (17) or a track (18); or
(b) the underground construction of sewerage, energy lines, public lighting, production line or electronic communications network (19).
(13) For the purposes of this Act, a strategic investment construction shall mean a construction for the production and storage of areas located in standing or transforming areas of at least 45 ha defined for that purpose in the territorial development plan or in the territorial development principles set out in Annex 3 to this Act and related buildings.
(14) The technologies for zero net emissions shall be those specified in the directly applicable European Union Regulation in respect of final products, specific components or specific machinery used primarily for the manufacture of such products.
(15) The valley for speeding up the implementation of zero net emissions technologies is a geographically defined area within the territory of the Czech Republic in the static or transformational areas listed in Annex 3 to this Act, which was designated by the Government as a valley for accelerating the implementation of zero net emissions technologies in accordance with the terms of this Act and the European Union's directly applicable regulation.
(1) Where this law applies to proceedings, the competent authority shall, in the notice of initiation, inform the parties thereof.
(2) The time limits for bringing actions against decisions given in proceedings under Paragraph 1 are halved. This does not apply if it comes to management under the building law. The court shall decide on the actions within 90 days. The provisions of the preceding sentence shall apply mutatis mutandis to appeals against the court's decision to bring an action.
(3) If the construction is for energy security, the time limits for bringing actions against decisions given in proceedings under Paragraph 1 shall be one month. Such actions may not be extended by the statements not yet contested or extended by additional points of action after the expiry of the period laid down in the first sentence. The court shall decide on the actions referred to in the first sentence and the appeals against the judgment of the court within 90 days.
(4) An application to grant the suspensive effect of an action against a judgment given in a case under Paragraph 1 may be brought together with the action. An application for an appeal against a judgment of the Court of First Instance in accordance with the preceding sentence may be brought together with an appeal. The court shall not take account of the application submitted at a later date to grant suspensive effect.
(5) During the expropriation procedure, the period of validity of the permit decision shall be suspended.
(6) In proceedings under this law or building law, which is a procedure with a large number of participants, the notice of initiation shall be served by a public decree. On a case-by-case basis, the notice of initiation shall be served only to the parties under Article 182 (c) of the Construction Act (hereinafter referred to as "the owners concerned '), the applicant, the municipality in whose territory the intention is to be carried out and the authorities concerned. The owners of the unknown residence or registered office concerned and the owners concerned who have not been able to deliver the notice of initiation in accordance with the procedure laid down in Article 24 of the Administrative Regulation, as well as those of the non-known owners concerned, shall be served by a public decree identifying the names of the land and buildings in question registered in the Real Estate Register, and the provisions of Article 32 (2) and (3) of the Administrative Regulation shall not apply to those owners. The other documents shall be served on a case-by-case basis only to the applicant, the municipality in whose territory the intention is to be carried out, if any, and the authorities concerned; other parties to proceedings shall be served by means of a public order, which they shall learn in the notice of initiation, where they are individually served on them. If served individually abroad, the date of service shall be the 30th day from the date on which the document was sent through the postal operator.
(7) Where a person who has been or should have been a party to proceedings under a building law to which a document is to be served individually, or a party to an expropriation proceedings, and the authority responsible for conducting such proceedings, within 30 days of the date on which he found that he had died, fails to identify the persons who would have been parties to the proceedings as a result of his death, he shall appoint a guardian for them; This does not apply if, instead of the provisions of the guardian, the document is to be served by a public decree.
(8) The removal of defects of objections, appeals and decompositions after the time limit laid down for their submission by the law under which they are submitted shall not be taken into account. This shall also apply to actions against decisions given in proceedings under the first sentence and to appeals against decisions relating to those actions. The administrative authority and the court shall not call on the administrative authority and the court to remedy the deficiencies in the submission.
(9) Where the appeal does not contain an indication against a decision given in a procedure under Paragraph 1 of this Article of the case where there is a conflict with the law or an error in the decision or procedure before it, the administrative authority shall not call upon the appellant to remedy that deficiency. If the appellant has not removed that deficiency before the expiry of the period for the lodging of the appeal, the administrative authority of the appellant shall examine only the compliance of the contested decision and the procedure preceding the decision with the legislation.
(1) Where an agreement on the financial participation of that participant in the costs of building the related construction is concluded between the applicant for a decision to authorise a transport infrastructure project and a party to a project authorisation procedure which has applied in that procedure a requirement to build a related construction or to make a construction or field adjustment, the location or execution of which exceeds the framework of the solution proposed in the project documentation ("related construction '), that agreement shall include at least:
(a) the definition of the related building to be financed by that participant;
(b) the amount of the financial contribution to the cost of building the related building or the method of determining the amount of the financial contribution and its ceiling;
(c) the manner and dates of implementation.
(2) Where an agreement is concluded between an applicant for a decision to authorise a transport infrastructure project and a party to a project authorisation procedure which has applied the requirement to build a related construction in this procedure, the latter shall include at least:
(a) the definition of performance in kind;
(b) the manner in which the performance in kind is ensured;
(c) the duration or terms of the provision of the performance in kind.
(1) In the built-up area, electricity lines with a voltage level of 400 kV and higher are placed above the ground. For the exchange of overhead lines at 110 kV voltage level carried out in accordance with Annex 1 (1) (a) (11) and (12) of the Building Act, their location above the ground may be maintained in the built-up territory.
(2) The management of an optical solid public communications network may be placed above the ground in a built-up area where:
(a) the municipality on whose territory the management is to be located shall give a favourable opinion on the intention;
(b) in the proposed route of the project there is no underground line of an optical solid public communications network; and
(c) the project uses or complements the existing above-ground line of technical infrastructure in the territory of the municipality which has given the consent referred to in (a) to the project.
Joint action on energy or mining infrastructure structures, carbon dioxide storage or electronic communications infrastructure
(1) The joint meeting of the construction office and the authorities concerned for the construction of energy or mining infrastructure, carbon dioxide storage infrastructure or electronic communications infrastructure shall be convened by the construction office at the request of the builder.
(2) On the basis of the conclusions of the joint negotiations on energy or mining infrastructure, carbon dioxide storage infrastructure or electronic communications infrastructure, the construction office may request the authorities concerned to remove manifest defects of expression and binding opinions or to remove discrepancies and to give them a period not exceeding 15 days from the date of joint action; the time limit for the decision on the authorisation of a project under the construction law shall not run for the duration of this period. A statement or a binding opinion issued after the deadline referred to in the first sentence shall not be taken into account.
(3) If, in accordance with the procedure laid down in paragraph 2, there is no possibility to eliminate any discrepancy between the construction office and the authorities concerned as well as between the authorities concerned, the construction office shall, within 14 days, submit a report on the progress of the conciliation procedure, together with proposals for a solution by the Government (29), which shall take a decision without delay.
(1) No appeal is admissible against the decision to authorise the construction project for energy security.
(2) In the procedures provided for in Article 1, the administrative authorities shall discuss and decide the matter in preference to other energy infrastructure constructions. This does not apply to buildings for energy security under Paragraph 1 (5) (d).
(3) The administrative authority which, in connection with the construction of energy security, issues decisions in the procedures referred to in Article 1 is not entitled to extend the time limit for its issue.
(4) The competent authority concerned shall issue an opinion or a binding opinion on the energy security construction project without undue delay, no later than 20 days after the date of receipt of the application or request by the construction office. The single environmental advice (26) on the energy security project referred to in Article 1 (5) (c) shall be issued by the competent authority without delay but not later than 40 days after the date on which the single environmental opinion was requested. The competent authority concerned shall not be authorised to extend the time limit for the issue of the opinion or binding opinion or the authority concerned to issue a single environmental opinion on the energy safety construction project; This does not apply if the State concerned is concerned in the interstate assessment of the project carried out in the Czech Republic under the Environmental Impact Assessment Act. Paragraph 178 (3) and (4) of the Construction Act is not affected.
(5) The complaint for the initiation of an examination procedure, the subject matter of which is a binding opinion, which serves as the basis for the procedure for authorising an energy safety construction project, may be lodged at the latest on the date of expiry of the period within which the parties may comment on the grounds of the decision before the decision is taken. This review procedure may be initiated no later than 10 days after the expiry of the period referred to in the first sentence. The competent building authority shall inform the administrative authority which issued the binding opinion of the initiation of the review procedure, which shall suspend it until the end of the review procedure. An illegal binding opinion may only be amended in the review procedure, not later than 30 days after its initiation. Following the completion of the review procedure, further appeals against the binding opinion shall not be admissible.
(6) A statement which serves as the basis for the procedure for authorising an energy safety construction project may only be corrected or amended no later than 10 days after the expiry of the time limit within which the parties may comment on the grounds of the decision before the decision is taken.
(7) If the statement or binding opinion, which serves as the basis for the procedure for authorising the construction project for energy security, has not been issued within the time limit for its issue and is therefore deemed to be in agreement and without conditions, a new statement or binding opinion may be issued no later than 10 days after the expiry of the period within which the parties to the proceedings may comment on the grounds of the decision before the decision is given. The examination of a new statement or a binding opinion in the review procedure shall not be admissible.
(8) The procedure provided for in Article 1 in respect of the projects of energy security structures is always considered to be a procedure with a large number of participants.
(9) The permit of the construction for energy security under the construction law shall be valid for 5 years from the date of acquisition of legal power.
(10) A party to proceedings under Paragraph 1 in respect of projects for energy security may object to the bias of the official when it becomes aware of it, but not later than the first action of the party in the proceedings or the first action of the party in the proceedings following the first action of the official. No later objections or objections which do not contain grounds shall be taken into account.
(11) In the case of a construction project for energy security, the time limit for the application of the objection under Paragraph 191 (2) of the Construction Act shall not be more than 1 month.
(12) In the case of an energy security construction project in the territory in which the zoning plan was issued, the construction office shall not order public oral negotiations.
(13) The time limits for the decision to be taken in the procedures referred to in Article 1 and the time limits for the submission of observations, binding opinions or a single environmental opinion on the energy safety construction project, in order to supplement the application or remove defects of the application at the request of the administrative authority, shall be suspended until the application has been completed or the application has been corrected. The procedure laid down in Paragraph 65 (1) of the fourth administrative order shall not apply.
(14) A single environmental opinion (26) on the projects of energy security structures is valid for 7 years from its date of issue. Paragraph 7 (1) of the Second and Third Law on a Single Environmental Opinion is without prejudice to this.
(15) An appeal is not admissible against a decision by the competent authority that the design for energy safety is not subject to an environmental impact assessment under the Environmental Impact Assessment Act.
(16) Where an expression or binding opinion of the authority concerned is required in respect of an energy safety construction project under another legislation and is not part of a request for a approval decision or a request for a change of intention before its completion under the construction law, the construction office shall request it from the authority concerned. Paragraph 184 (3) and (4) of the Construction Act shall apply mutatis mutandis.
(17) If an opinion on the environmental impact assessment of the design for energy safety has been delivered or a binding opinion on the environmental impact assessment of the design under the Environmental Impact Assessment Act, Section 12 (2) of the Nature Conservation Act does not apply.
(18) The projects of energy security structures may be excluded by territorial planning documentation in accordance with the procedure laid down in Section 122 (3) of the Construction Act only for reasons of other public interest.
(19) The provisions of paragraphs 1 to 18 shall apply mutatis mutandis to the management under the Construction Act, the object of which is the construction for energy security
(a) a framework permit;
(b) permit the division or coupage of land;
(c) an authorisation to change the use of land consisting of land-use treatment, weaning, handling, selling, storage or exhibition area, a change in the type of land or use of land, unless the conditions are laid down by approved land-use treatment or a modification of land-use treatment which has an impact on the water penetration capacity;
(d) the determination of the protection zone; and
(e) permit the removal of the construction.
(1) The construction of energy security, with the exception of the construction of energy security pursuant to Paragraph 1 (5) (d), is a public utility building. This construction serves to ensure the security interests of the Czech Republic in the form of sustainable and self-sufficient energy production.
(2) The opinion of the Transport and Energy Building Office is valid in doubt as to whether it is an energy safety building.
Each person shall be obliged to allow measurements and exploratory work to be carried out in preparation for the construction of transport, water, energy or mining infrastructure, carbon dioxide storage infrastructure or strategic investment buildings carried out by a builder, administrator or operator of public transport or public technical infrastructure, mining infrastructure, carbon dioxide storage infrastructure or strategic investment building (hereinafter referred to as "the authorised investor '), even before the start of the procedure authorising the construction. To that end, the authorised investor and the authorised persons shall have the right to enter and enter foreign immovable property. An authorised investor or persons authorised by him shall, as far as possible, examine the rights of the owners of the immovable property in question and, at least 14 days in advance, notify them in writing of the carrying out of measurements or exploratory work on their immovable property in accordance with Paragraph 3 (2). The notification referred to in the previous sentence shall state the reason for carrying out measurements or exploratory work on immovable property, the description of the activities to be carried out, the scope, manner, date and specification of the place of execution, the identification of the eligible investor, his contact details, the date of the notification and the name, surname, function and signature of the person authorised to represent the eligible investor. At the end of the work, the authorised investor or persons authorised by him shall be obliged to put the immovable property in its previous state and, if this is not possible in view of the nature of the work carried out, to the condition corresponding to the previous purpose or use of the immovable property in question and to immediately notify the owner of the immovable property in writing at the address referred to in § 3 (2). Where the owner or user of a immovable property has been limited to the normal use of the immovable property pursuant to this paragraph as a result of the exercise of the rights of the beneficiary investor or of the person empowered by him or her, or has suffered damage to the property, he shall be entitled to an appropriate one-off compensation equal to twice the amount determined under the law on the valuation of the property (10).
(1) Unless otherwise agreed between the constructor of the construction of the transport or water infrastructure or of the selected construction of the energy infrastructure and the owner, operator or manager of the transport or technical infrastructure, the owner, operator or manager of the transport or technical infrastructure shall be obliged to carry out its transshipment, transhipment or any other change thereof (hereinafter referred to as the "transponder ') within 12 months of the date on which the constructor of the construction of the transport or water infrastructure or of the selected construction of the energy infrastructure invite it to do so, provided that at the time of the call is provided that the substantive rights to the land or construction are necessary to carry out the transformer; if the rights in rem are not secured at the time of the call, the period shall be extended to 18 months. Within 15 days of the date of receipt of the call, the owner, operator or manager of the transport or technical infrastructure shall be entitled to require that the rights in rem be provided on his behalf by the builder of the construction of the transport or water infrastructure or the selected construction of the energy infrastructure; in that case, the owner, operator or manager of the transport or technical infrastructure shall carry out the transcript within 12 months of the date on which the construction contractor of the transport or water infrastructure or the selected construction of the energy infrastructure has demonstrated that the rights in question are ensured. If the construction contractor provides in-kind rights on behalf of the owner, operator or manager of the transport or technical infrastructure of the construction of the transport or water infrastructure or of the selected construction of the energy infrastructure, the provisions of Section 3b shall apply mutatis mutandis to the valuation of those rights.
(2) A decision on the basis of which the construction of the transponder of transport or technical infrastructure may be initiated may be taken after the legal power has been acquired.
(3) The time limits referred to in paragraph 1 shall be built for the duration of the circumstances preventing the implementation of the transponder of transport or technical infrastructure, unless the creation and duration of the transponder by the owner, operator or manager of the transport or technical infrastructure have been caused.
(4) The owner, operator or manager of the transport or technical infrastructure is required to inform in advance the constructor of the construction of the transport or water infrastructure or of the selected construction of the energy infrastructure in advance of the way in which the transponder is carried out and of the way in which the costs are determined.
(5) The builder of the construction of the transport or water infrastructure or of the selected construction of the energy infrastructure shall be obliged to replace the owner, operator or manager of the transport or technical infrastructure that has carried out the technical or transport infrastructure transponder only to prove the necessarily incurred costs of carrying out the transponder.
(6) For the selected construction of energy infrastructure referred to in § 1 (4) (g), paragraphs 1 to 5 shall not apply.
(1) An application for approval of the withdrawal of agricultural land from the agricultural land fund for the purposes of the construction of transport, energy or mining infrastructure, carbon dioxide storage infrastructure or strategic investment building shall be submitted to the protection authority of the agricultural land fund responsible for its execution.
(2) The transfer of assets in connection with the construction of transport infrastructure does not require the granting of consent, exemption or approval under the State Property Act.
(3) In order to apply for the removal or limitation of land intended for the performance of forest functions under the Forest Act for the purposes of the construction for which the purpose of expropriation is determined by law, the statement of the forest operator or the legal or natural person responsible for that function, the owner and the tenant or the smuggler of the parcels concerned intended for the performance of the forest functions is not required.
(4) A permit under a construction law for the purpose of transferring rights to such land is not required for the division or consolidation of land which is part of the construction of the transport infrastructure referred to in § 1 (2) (a) or (b).
(5) Everyone is obliged to suffer the change of the completed construction of a detailed drainage plant under the Water Act, in order to maintain the functionality of the construction to drain agricultural parcels, if necessary for the construction of transport infrastructure. The property owner affected by this change is entitled to compensation of CZK 10 000. If the owner of the land does not agree to this amount, the compensation shall be fixed under the law on the valuation of the property (10), applying mutatis mutandis its provisions governing the valuation of the burdens in kind.
Building electronic communications infrastructure
(1) The decision to authorise a project under the Construction Act does not require electronic communications connections up to 100 metres in length; This does not apply in cases where a binding opinion is required to assess the effects of the implementation of the environmental project under the Environmental Impact Assessment Act (16).
(2) The use of the construction of electronic communications infrastructure is not required by the approval procedure or the approval decision under the building law, while the obligations relating to the notification of completed constructions under the building law23 remain unaffected.
(3) The construction of an addition does not require the authorisation of a building office or a binding opinion or decision of a state conservation authority (22), if:
(a) the protection zone of the attachment does not exceed the limit of the protection zone of the structure in which the extension is attached; and
(b) the extension and construction constructor to which the extension is attached have concluded an agreement on the connection in which they have negotiated their rights and obligations in the implementation of the construction and subsequent operation of the two structures and have determined their mutual position.
(4) The extension is a separate construction which is technically separate from the construction to which the extension is attached. In procedures and procedures under the building law relating to the construction to which the extension is attached, the attachment shall not be taken into account.
(5) The construction of the base station of the mobile signal, including the related electrical and optical link, financed under the National Recovery Plan, which is not subject to an environmental impact assessment under the Environmental Impact Assessment Act does not require a decision on the location of the construction or territorial approval under Act No. 183 / 2006 Coll. and the authorisation of the project under Act No. 283 / 2021 Coll. The construction referred to in this paragraph shall be a temporary construction, the duration of which shall be 8 years from the date of completion of which the builder is obliged to notify the construction office without delay. The construction referred to in this paragraph may be converted into permanent construction, in the context of a procedure to change the use of the construction.
(6) If the construction of a mobile electronic communications network base station, including the associated electrical and optical link, is necessary to fulfil the obligation imposed on the basis of a specific legislation, the construction may be placed and authorised despite non-compliance with the local planning documentation. The part of the zoning documentation which prohibits or limits the construction of base stations for mobile electronic communications networks shall not apply. Paragraph 122 (3) of the Construction Act does not apply to the construction of base stations of mobile electronic communications networks.
(1) The documentation for the issue of an authorisation for a project which is attached to the application for authorisation for a project for the construction of transport infrastructure can be processed to a limited extent. The documentation shall include a accompanying sheet, a summary technical report, situation drawings, documentation of the objects, the document part and, if applicable, the issue of a joint authorisation with an environmental impact assessment, as well as documentation of the environmental impact of the project pursuant to Section 10 (3) of the Environmental Impact Assessment Act and Annex 4 to the Environmental Impact Assessment Act, including an assessment of the effects on the subject-matter and the integrity of the European site or bird area, provided that this is specified in the conclusion of the investigation procedure.
(2) In the case of the procedure referred to in paragraph 1, the builder shall process the documentation for the implementation of the construction and forward it to the construction office no later than 5 days before the start of construction.
(3) The details of the content of the documentation referred to in the second sentence of paragraph 1 shall be laid down by the Ministry of Transport by decree.
For selected energy infrastructure constructions referred to in § 1 (4) (b), which are simultaneously nuclear plant constructions and related to such constructions if they require a building permit, exemptions from the prohibition on conservation trees and especially protected plant and animal species under the Nature and Landscape Conservation Act (23), which have not yet been issued, shall not be issued and will be issued before the issue of the building permit.
(1) In the event of an urgent public interest, the Government may decide, pending the issue of a territorial development plan binding on decision-making within the territory on a proposal from the Ministry of Transport, to acquire a territorial development plan for a selected project of transport infrastructure of national or international importance or exceeding its importance in the territory of one region (hereinafter referred to as the "sub-territorial development plan '). The sub-territorial development plan shall be considered as a territorial development plan binding on decision-making within the territory; Articles 74 (2) (c), 76 (1), 87 (2) and (4) and 88, 90 and 99 of the Construction Act shall not apply. In the decision to acquire a sub-territorial development plan, the government shall decide on its content without consulting and approving the award.
(2) The Ministry of Transport is the purchaser of the sub-territorial development plan. The Ministry of Transport is a zoning body in relation to the sub-zoning plan and pays the costs under Paragraph 91 (1) of the Building Act.
(3) The draft content of the sub-territorial development plan will be delivered by the customer to the Ministry of Environment and the Nature Protection Authority. The time limits laid down in § 89 (2) and (3) of the Building Act are halved. The opinions shall be provided by the purchaser before submitting the draft content to the Government.
(4) The procuring entity of the sub-territorial development plan shall ensure that the draft sub-territorial development plan and the evaluation of the effects on the sustainable development of the territory are processed without undue delay from the government's decision on its acquisition.
(5) The purchaser will publish the draft sub-territorial development plan and assess the effects on the sustainable development of the territory in the national geographical planning portal and issue them for inspection. The Buyer shall notify the authorities, regions and municipalities concerned individually of the place and time of joint action in the area addressed and of the place and duration of public consultation by a public decree; the notification shall indicate where it is possible to consult the draft sub-territorial development plan and the impact assessment. If the Government so decides, joint negotiations and public consultations may be held jointly; In such cases, public consultation shall also meet the requirements for joint action.
(6) The Ministry of Local Development will implement an opinion on the draft sub-territorial development plan from the perspective of its consistency with the territorial development policy, the territorial development plan binding on territorial decision-making and the objectives and tasks of territorial planning.
(7) The amendment to the sub-territorial development plan shall be processed, discussed and issued in accordance with the procedure referred to in paragraphs 1 to 6, to the extent of the parts to be changed, mutatis mutandis. The Ministry of the Environment shall determine whether the proposal for its amendment should be assessed in terms of environmental effects. The assessment of the effects of the change of the sub-territorial development plan on the sustainable development of the territory shall be carried out only where it has been established that the change of the sub-territorial development plan is to be assessed in terms of environmental effects.
(8) The Ministry of Transport shall ensure that the complete text of the sub-territorial development plan is drawn up after its amendment and shall affix an entry on the efficiency record upon its entry into force. Service of the comprehensive text is a condition for the entry into force of an amendment to the sub-territorial development plan.
(1) The Ministry of Local Development will evaluate the sub-territorial development plan issued and take over the sub-territorial development plan when the territorial development plan is amended immediately. The parts of the amendment to the territorial development plan which are taken over from the sub-territorial plan for which there is no substantive change cannot be addressed and are not subject to an environmental or sustainable development assessment. Other means of graphic expression or internal layout of spatial data shall not be regarded as material change. Pending the entry into force of this amendment, the sub-territorial development plan shall be considered to be superior planning documentation, including for the territorial development plan acquired by the Ministry of Local Development.
(2) The amendment to the territorial development plan, which takes over the sub-territorial development plan, will put an end to the sub-territorial development plan.
(3) A sub-territorial development plan may be issued before the first territorial development plan is issued.
(4) The parts of the territorial development plan which are taken over from the sub-territorial development plan may be subject to review proceedings or brought within a period specified since the entry into force of the sub-territorial development plan.
(1) Assessment of the effects of the strategic investment construction project, the landscaping related to it or the related environmental removal under the Environmental Impact Assessment Act is provided by the Ministry of the Environment.
(2) The construction office is not authorised to extend the time limit for the decision on the application for authorisation of a strategic investment construction project, the application for authorisation of the field treatment related to it or the application for authorisation of the related removal of the construction project.
(3) The authority concerned shall not be entitled to extend the time limit for the issue of a binding opinion or opinion on the intention of a strategic investment building, on the field arrangements relating to it or on its related removal; This does not apply if it is on a single environmental view26).
(4) The appeal against the decision of the construction office to permit the design of the strategic investment building, the authorisation of the landscaping related to it or the authorisation of the related removal of the building shall not be permitted.
(1) In order to withdraw or restrict the rights to land or buildings necessary for the implementation of transport, water, energy or mining infrastructure, carbon dioxide storage infrastructure or electronic communications infrastructure, the Expropriation Act shall apply, unless otherwise provided for by this Law.
(2) In order to fulfil the conditions for the admissibility of expropriation under the Expropriation Act, consisting of the obligation to first make a proposal to obtain the necessary rights for land or construction by agreement, service of the draft contract to obtain the necessary rights
(a) to an address which the owner of the property has previously communicated in writing; or
(b) to the address of the owner's place of residence or his address of residence abroad or to the address registered in the property register, if he is a natural person; or
(c) to the address of the registered office in the property register, if it is a legal person.
The period referred to in Article 5 (1) of the Expropriation Act shall begin from the date of service to the addresses referred to in points (a) to (c). The delivery of the draft contract to obtain the necessary rights also has an effect on all legal successors expropriated.
(3) If there is no agreement to obtain the necessary rights to land or construction, paragraph 2 shall apply to the notification of the purpose of the expropriation.
(4) Compliance with the conditions for the admissibility of the expropriation referred to in paragraph 2 or 3 shall not be required if service to the addresses referred to in paragraph 2 is not possible because the owner of the property is not staying on it, has moved or is not known at the address.
(5) The proposal for a contract to acquire rights to land or construction necessary for the purpose of expropriation may include a requirement that the property or construction is not burdened with rights which cease to be expropriated.
(6) If the rights necessary for the construction of transport, water, energy or mining infrastructure or the infrastructure for the storage of carbon dioxide are concerned, the condition that the expropriation cannot be obtained by agreement or otherwise has been fulfilled is that the expropriated party has received a request for the conclusion of a contract for the acquisition of rights in the land or construction which is the subject of the expropriation and the contract has not been concluded within 60 days of the date of receipt of the application, even though the expropriated party has attempted to negotiate with the expropriated party.
(7) The expropriation procedure shall not take into account the objection requested to change the construction if such a change would be contrary to the territorial decision, the joint authorisation or the decision authorising the project.
(8) Where the expropriation office delivers in the course of expropriation proceedings expropriated abroad, the date of service shall be the 30th day from the date on which the document was sent through the postal operator, unless it was received earlier.
(9) An appeal against an opinion on the expropriation of rights to land or construction relating to the right to land or construction required for the construction of energy infrastructure as defined in the territorial development plan or in the principles of territorial development and listed in the Annex to this Act or for the implementation of the construction project for energy security shall not be admissible. Where the expropriated person brings an action against a decision to expropriate and also makes an appeal against an expropriation claim, the expropriated person shall pay the expropriation payment to the expropriated person, equal to the amount of the refund provided for in the expropriation decision, within the period specified in the expropriation decision. If, as a result of the appeal procedure, the refund fixed for expropriation is higher than the advance payment paid, the expropriator shall settle the difference no later than 60 days from the legal authority of the decision fixing the refund. Where the decision provides for a refund for expropriation lower than the advance paid for the refund for exexpropriation, the expropriated person shall repay the difference no later than 60 days from the legal authority of the decision which provides for such a refund.
A contract to acquire the necessary rights to land or to build pursuant to a law governing expropriation (6) must also establish the right of the person who transfers the necessary rights to land or construction in the event that he obtains the rights to land or construction necessary for the construction of transport, energy or mining infrastructure, carbon dioxide or electronic communications infrastructure, to return the transferred rights if the purpose of the transfer is not commenced within 5 years of the conclusion of the contract. Where rights are acquired under the sentence of the first transfer of a joint ownership interest, the co-owner's right to pre-purchase in respect of that interest arising from the law or established by the contract shall not apply.
(1) If the necessary rights under Section 3a are acquired, the purchase price is agreed in the purchase contract
(a) the prices established by the expert opinion multiplied by coefficient 8 in the case of land with the exception of construction land (7); or
(b) the prices established by the expert opinion multiplied by a coefficient of 1,5 in the case of construction land (7) or construction.
(2) The expert's opinion, which is the basis for proposing the purchase price in the draft purchase contract, sets a price equal to the normal price of the land or construction (8), including all its components and accessories. If it is not possible to establish a price equal to the normal price of the land or construction, the expert's assessment shall establish a price equal to the determined price of the land or construction. In such a case, the expert's assessment shall include a justification for the impossibility of establishing a price equal to the normal price of the land or construction. The valuation shall be carried out in accordance with the valuation regulation (10) and the price of the land or construction shall be determined in the expert's report on the basis of their actual status at the date on which the price is determined in the expert's report; in so doing, they shall not be taken into account in their assessment or impairment as they are intended for the construction of the transport infrastructure. The valuation shall also take into account the increase in the normal price of another parcel or construction of the coefficients referred to in paragraph 1. If the acquisition of the necessary rights pursuant to Paragraph 3a is subject to purchase of value added tax, the price established by the expert opinion shall be the price including value added tax.
(3) An authorised investor shall be entitled to have a single expert opinion drawn up for several parcels or buildings intended for the construction of transport infrastructure, so that the expert opinion covers the whole or part of the territory concerned by the construction.
(4) The price determined in the expert report drawn up in accordance with paragraphs 2 and 3 shall be deemed to be the price of the usual price for the purpose of fulfilling the conditions for the admissibility of expropriation under the Expropriation Act, consisting of the obligation to first make a proposal to obtain the necessary rights by agreement, for a period of time of:
(a) 3 years from the date on which it was designated in the expert's report, in the case of land with the exception of construction land; and
(b) 1 year from the date on which it was designated in the expert's report in the case of construction land and buildings.
(5) If the necessary rights are acquired under § 3a by a contract to establish, amend or revoke a right corresponding to the burden of goods or the right of construction, the amount of the payment of CZK 10 000 is agreed. Where the amount expropriated under the previous sentence does not agree, paragraphs 1 and 2 shall apply mutatis mutandis.
(6) Where the necessary rights under Paragraph 3a are acquired in return for payment from a legal person established by law or established or established by a State against which the State is the controlling party, paragraph 2 shall apply mutatis mutandis for the valuation and paragraph 1 shall not apply. Where, under the first sentence, a legal person manages the property of the State, the possibility of granting cash or other benefits for rights acquired under Paragraph 3a shall be excluded.
(7) Paragraphs 1 to 6 shall apply to the acquisition of the necessary rights under Paragraph 3a,
(a) where their acquirer is the Czech Republic or a legal person established by law or established or constituted by a State in respect of which the State is a controlling person; or
(b) if the establishment, modification or cancellation of the right corresponding to the material burden or the right of construction is intended to carry out a transversal of the civil engineering network in connection with the construction of a motorway or a first-class road.
(8) The procedure provided for in paragraphs 1 to 7 may be extended to the right to land or construction which is not necessary for the construction of the transport infrastructure if, as a result of the transfer of rights under Paragraph 3a, such land or construction could not be used at all or only with disproportionate difficulty.
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Regulation Information
| Citation | Act No. 416 / 2009 Coll., on speeding up the construction of strategically important infrastructure |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.2009 |
|---|---|
| Effective from | 27.11.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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