Act No. 43 / 1955 Coll.
Law on Czechoslovak baths and springs
Valid
Effective from 17.09.1955
43.
Law
of 30 August 1955
about Czechoslovak baths and springs.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial provision.
(1) Natural healing baths and natural healing resources, on which the Czechoslovak Republic is particularly rich, are an important factor in the care of the health of the people for their medicinal effects; improve the health of patients, contribute to the rapid restoration of their working capacity, slow down ageing, reduce the risk of early decommissioning and help ensure healthy development of the next generation.
(2) In order to be fully used for these purposes, natural medical baths and natural medical resources are given special protection and the most favourable conditions for their development are created.
The protection of natural medical baths and natural medical resources and the creation of conditions for their development must be carried out in a planned manner and in such a way that other social interests are affected only to the extent necessary for such protection.
Natural spa treatments are preventive and medical care facilities, which mainly use local natural medical resources or favourable climatic conditions (spa care) when performing this care.
Natural healing resources are sources of naturally occurring water, gases and emanations, as well as deposits of naturally occurring pelloids (peat, saltwater, mud and other earths), if they are useful to human health, so that they can be used for therapeutic purposes.
The government, acting on a proposal from the Minister for Health, shall declare a spa site where a natural spa is or is to be established.
National committees in spa places.
National committees at spa sites take care of the versatile flowering of natural spa treatments, ensure constant improvement of all facilities serving their visitors and create favourable conditions in their districts. In particular:
care for the protection of natural health baths and natural medical resources from all disruptive influences,
look after the planned maintenance, construction and improvement of all spa facilities and their visitors as well as the whole spa site,
take care of the necessary health, hygiene and anti-epidemic measures, as well as measures to ensure peace at spa sites,
care for the perfect supply of the spa site and visitors to the spa with all needs and organize transport to meet the needs of the spa site and the requirements of its visitors,
care for the constant cultural flowering of the spa and valuable cultural programmes for its visitors,
take care, in cooperation with other bodies and organisations, to ensure that the spa is a centre for effective treatment and a pleasant stay;
Other tasks are also carried out to create favourable conditions for the spa environment.
Protection of natural spa treatments.
(1) The spa statutes are issued for individual spa places. The spa status shall specify the scope of the spa area and specify the necessary protective measures at the spa site and the conditions for proper implementation of spa care; In particular, it shall specify which activity and how it is restricted in the spa area, prohibit, and which establishments may not be established therein.
(2) If this is necessary to protect the natural health spa, further protective measures shall be laid down outside the spa area to prevent the activity of harmful natural treatment baths, after which they shall be established around the spa area of the protection zone in which such harmful activity is restricted or prohibited.
(1) In the case of protection zones and other protection measures, the Spa Statutes shall be issued by the Government for significant spa sites and for spa sites for which important economic interests would be affected. For other spa sites, the spa status shall be issued by the competent regional national committee, after which it shall establish protection zones and other protective measures; request the opinion of the authority called upon to confirm the relevant zoning plan before the decision is taken.
(2) The necessary interim measures are laid down by the Inspectorate for the Protection of Natural Medical Spa and Natural Medicinal Resources (Paragraph 16 (1)), after consultation with the regional national authorities involved and with the local and urban national committees, directly managed by the Government, with the competent central authorities.
Protection and use of natural medical resources.
(1) The Minister for Health decides whether it is a natural medical resource.
(2) The day of the declaration for the medicinal product becomes the natural source of the medicinal product national property.
(1) The Minister for Health decides on the use of natural medical resources; If the management of a natural medical resource falls within the scope of another central office or authority, it shall do so in agreement with it.
(2) The use of natural medical resources must be planned in such a way that consumption corresponds to their capacity and is used primarily for spa purposes. An indicative plan for the use of natural medical resources shall be drawn up by the Ministry of Health; it also specifies the quantities of products of natural medical resources which may be used for purposes other than spa care.
(1) In the vicinity of natural medical resources, protection zones shall be established where economic or other activity which may infringe or adversely affect the nature, physical characteristics, chemical composition or hygiene of the natural medical source is prohibited or restricted. The protection zones shall be established, depending on the nature of the natural medical source and on the hydrological, geological and vegetative conditions, in such a way as to make the best use of natural sources.
(2) Where necessary, individual protective measures should also be laid down outside the protection zones in order to protect natural medicinal sources.
(1) The protection zones, in the event of further safeguard measures for natural medicinal resources which would affect important economic interests, shall be determined by the Government and the other natural medicinal resources by the relevant Regional National Committee. The regional national committee shall seek the opinion of the authority called upon to confirm the relevant zoning plan before the decision is taken.
(2) The necessary interim protective measures are laid down by the Inspectorate for the Protection of Natural Healing Spa and Natural Medicinal Resources after consultation with the participating national authorities.
Provisions on natural medical resources also apply to sources of naturally occurring mineral waters of table water. However, the Minister for Health may delegate the powers provided for in Article 12 in respect of such resources to another central office or body in agreement with it.
Bodies for the protection of natural medical baths and natural medical resources.
(1) The Ministry of Health is responsible for overseeing measures to protect and use natural health-care facilities and natural medical resources. In order to carry out this supervision, the Ministry of Health shall set up an inspection centre for the protection of natural medical baths and natural medical resources, which in Slovakia exercises its competence through the Regional Inspectorate, which shall be set up in the health authority.
(2) Detailed provisions on the protection and use of natural health care and medical resources are laid down by the Minister for Health in agreement with the members of the Government involved.
The inspector shall carry out the following tasks:
1. Supervises compliance with measures to protect natural medical baths and natural medical resources,
2. lay down the necessary interim protective measures;
3. oversees compliance with the provisions of the spa statutes;
4. carry out the necessary investigations and give opinions when declaring a place to be a spa and when declaring a natural resource to be a medical resource;
5. give opinions on the construction of a spa site and on the use of natural medical resources;
6. prepares the establishment of protection zones for natural health baths and natural medical resources and makes arrangements for its implementation;
7. monitors the hydrological, climatic, geological and vegetative ratios, keeps them in the register and recommends further measures to protect natural therapeutic baths and natural medical resources.
Authorised persons in the exercise of their powers under this Law
1. are entitled
(a) enter and carry out the necessary work, research or surveillance on foreign immovable property and on foreign objects and equipment, provided that they are demonstrated by the confirmation of the competent authority, including by authorisation under specific regulations;
(b) take samples in the quantities required for the investigation to be carried out;
(c) require the necessary documents and particulars;
(d) to give instructions for the removal of detected defects;
2. are obliged
(a) keeping secrets about the facts of their activities;
(b) ensure that the damage which they cannot avoid in the course of their activities is as small as possible.
Common and final provisions.
(1) The property and rights required for the use of natural medical resources and for the use of natural medical baths may be expropriated if no agreement is reached.
(2) Expropriation can achieve the transfer of property rights to real estate and the establishment of building rights or real estate burdens.
(3) The provisions of Act No. 280 / 1949 Coll., on Urban Planning and the Construction of Municipality, Government Decree No. 93 / 1950 Coll., on the Construction of Municipality and on the Construction of Municipality, on the Construction of Municipality, and on the Construction of Municipality, shall apply mutatis mutandis to expropriation proceedings, the method and time of payment of compensation for expropriation, the entry into and use of expropriation proceedings.
(1) Compensation for damage caused by protective measures under this Act is not granted. The Ministry of Health may, for reasons of special consideration, provide support to cover such damage.
(2) No refund shall be granted for samples taken for investigation purposes.
(3) The Ministry of Health will replace the damage caused in carrying out the investigation.
Medical departments of the councils of the participating national committees must be invited to the proceedings on the zoning plan and the construction of municipalities in and around the spa area, as well as in the territory where natural medical resources exist. The territorial plan for these territories cannot be approved without their consent.
The spa area and the protection zones for the protection of natural medical baths and natural medical resources shall be indicated in the cadastral map.
Spa sites and natural medical resources, recognised under existing regulations, are considered as spa sites and natural medical resources under this law.
The Government, after the authorities entrusted to it, may take measures to move to a new organisation of national committees in significant spa places.
The existing provisions on matters governed by this Act, in particular Government Regulation No 223 / 1939 Coll., on the Protection of Natural Medicinal Resources, are hereby repealed.
This Act shall take effect on the day of its publication; it shall be carried out by all members of the Government.
Broad v. r.
also on the place of the President of the Republic pursuant to § 72 (2) of the Constitution
Fierlinger v. r.
Dr Dolansky v. r.
Maj-Gen Dr. Cap v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Dr Skoda v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Polack v. r.
Stoll v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Smida v. r.
Dr Bartuška v. r.
Dvořák v. r.
Dr Kahuda v. r.
Malek v. r.
Maurer v. r.
Dr Neuman v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
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Regulation Information
| Citation | Act No. 43 / 1955 Coll., on Czechoslovak spas and springs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.09.1955 |
|---|---|
| Effective from | 17.09.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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