Decree of the Ministry of Agriculture No. 432 / 2001 Coll.
Decree of the Ministry of Agriculture on documents of application for a decision or observations and on the formalities for authorisation, consent and opinion of the Water Authority
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Effective from 01.01.2002
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432
DECLARATION
Ministry of Agriculture
of 3 December 2001
on documents of the application for a decision or opinion and of the particulars of the authorisation, of the consent and of the opinion of the water authority
The Ministry of Agriculture in cooperation with the Ministry of the Environment provides, pursuant to § 115 (2) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act):
Subject matter
This decree provides
(a) the documents submitted by the applicant to the water authority in the case of an application for:
1. a permit for the treatment or modification of surface or groundwater pursuant to Article 8 (1) (a), (b), (d), (e) or (f) of the Water Act, with the exception of a permit for the collection of groundwater referred to in point 2;
2. a permit to collect groundwater pursuant to § 8 (1) (b) (1) of the Water Act or to amend it for the needs of individual citizens (households);
3. a permit to discharge waste water into surface or groundwater waters pursuant to § 8 (1) (c) of the Water Act or to amend it, with the exception of a permit to discharge waste water into surface or groundwater waters referred to in point 4;
4. a permit to discharge waste water into surface or groundwater waters pursuant to § 8 (1) (c) of the Water Act or to amend it for the needs of individual citizens (households);
5. authorisation or amendment of certain activities under Paragraph 14 (1) of the Water Act;
6. building permits for water works pursuant to Section 15 of the Water Act, with the exception of building permits pursuant to point 7;
7. building permit pursuant to Section 15 of the Water Act for a domestic sewage treatment plant, well or other water part needed to collect groundwater for the needs of individual citizens (households),
8. Authorisation for use of water works pursuant to Article 15 of the Water Act (hereinafter the "approval decision"),
9. Authorisation for discharges of waste water containing a particularly dangerous substance into sewerage pursuant to § 16 (1) of the Water Act or its amendment;
10. granting consent under § 17 of the Water Act,
11. observations pursuant to Paragraph 18 of the Water Act,
12. issue of approval for the use of water works,
13. the permit to collect groundwater pursuant to § 8 (1) (b) (1) of the Water Act for the needs of individual citizens (households) and the building permit pursuant to § 15 of the Water Act for the well or other water part needed for such collection;
14. authorisation to discharge waste water into surface or groundwater waters pursuant to § 8 (1) (c) of the Water Act for the needs of individual citizens (households) and building permission pursuant to § 15 of the Water Act for the domestic sewage treatment plant required for such discharge,
15. the establishment of a water source protection zone pursuant to Paragraph 30 (6) of the Water Act or its amendment;
16. the establishment of a waterworks protection zone pursuant to § 58 (3) of the Water Act or its amendment;
17. laying down the manner and conditions for the discharge of mine waters into surface or groundwater waters pursuant to § 38 (3) of the Water Act or its amendment;
18. the authorisation of an exemption for the use of harmful substances under Paragraph 39 (7) of the Water Act or its amendment;
19. Approval of the Water Works Manipulative Rules pursuant to § 115 (17) of the Water Act,
(b) the documents to be submitted to the water authority in the case of:
1. notification of the use of the waterworks,
2. reporting of maintenance work,
3. notification of restoration of the water work destroyed by a natural disaster or accident;
4. the declaration of water-management adjustments,
5. announcement of building modifications for changes in the use of a part of the water works according to the building law,
6. the declaration of water works intended for the treatment of waste water up to a capacity of 50 equivalent inhabitants, of which the CE products referred to in the specific legislation8 are essential,
(c) particulars of decisions, measures of a general nature, agreements and observations issued under the Water Law.
Documents for the issue or modification of the authorisation to handle surface water or groundwater
[K § 8 (1) (a), (b), (d), (e) or (f) of the Water Act]
(1) The applicant submits to the application according to the nature of the type of water management
(a) the situation of wider water management and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000;
(b) decisions, opinions, opinions, assents, assessments or, where appropriate, other measures of the institutions concerned concerning the case, where specific legislation so requires by the applicant (1);
(c) a copy of the cadastral map of the territory to which the authorisation relates, including a representation of the place where the water is handled and, in the case of uplift, with an indication of the extent and length of air;
(d) a copy of the permit for the construction of the waterworks and the approval decision or approval of the waterworks, provided that the required water permit is related to the existing waterworks and has in the past been issued by an authority other than the water authority responsible for issuing the water permit today; Paragraph 125 (1) of the Construction Act is without prejudice to:
(e) proof of ownership, if this right cannot be verified in the register of immovable property, or the right to use the waterworks, provided that the required permit for the handling of water is related to the existing waterworks;
(f) the opinion of the river basin administrator on the required water management, including verification of the indicative location of the water management site at coordinates X, Y, as determined in the coordinate system of the Single Trigonometric Network of Catastral2a, following the register of watercourses;
(g) the statement of the relevant water flow manager for the required water management where the application for authorisation relates to that water flow;
(h) a document demonstrating the right to land and buildings by the sifting of the water concerned, unless the water is in the water works;
(i) the statement of the person with professional competence (1a) where the application for authorisation for the treatment of waters concerns groundwater and where, in exceptional cases, the Water Authority does not decide otherwise under Paragraph 9 (1) of the Water Act, which it contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological rayon, the body of groundwater or, where appropriate, the collector in which the groundwater is to be handled,
3. an evaluation of the hydrogeological characteristics, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater flow to be handled,
4. an assessment of the degree of risk affecting the quantity and quality of groundwater and surface water resources or protected areas defined by specific legislation;
5. an assessment of the usefulness of the groundwater source as food, for the production of spring water or for the production of packaged infant water, including an assessment of the yield, its stability in the extent of natural fluctuations in the conditions of the semi-operational hydrodynamic test, the design of methods and the degree of use of the source, and an assessment of the risks of potential pollution;
6. a draft of the conditions under which the authorisation for the treatment of groundwater may be granted, where such treatment may have a significant impact on the quality and quantity of groundwater or protected areas defined by specific legislation,
7. Proposal for minimum groundwater levels, if such handling may result in a substantial reduction in groundwater levels,
(j) water flow data in the water stream (Q330 day, Q355 day, Q364 day and Qa long-term average), where the application for authorisation concerns the water flow and the required water management may result in a reduction in the water flow rate,
(k) the list and nature of the protected territories and protection zones established under specific legislation1), where they could be affected by the management of waters;
(l) the documents referred to in Article 11o (1) and (2) in respect of the treatment of waters for the purpose of fish or aquatic poultry farming and, where appropriate, other aquatic animals;
(m) an implementation project for the remediation work, when dealing with the management of water pursuant to § 8 (1) (e) of the Water Act, which, in addition to the technical and technological procedures necessary to carry out the remediation work, contains:
1. identification of objects used to draw and discharge contaminated waters;
2. identification of the point of drawing and discharge by indicating the parcel number of the land or parcels at the point of drawing and at the point of discharge of water into the water stream;
3. the determination of the location of the drawing point and the discharge points at X, Y coordinates indicating the semi-secondary component in the single trigonometric network system of the catastral2a),
4. method of measuring the quantity of water drawn and discharged;
5. design of the sampling point for the quality control of the discharges.
(2) The applicant shall submit the documents referred to in paragraph 1 to the application for modification of the permit for the treatment of waters according to the nature of the change and evidence that he is authorised (Paragraph 8 (2) of the Water Act) from the existing authorisation, provided that he has been issued to another body.
(3) The documents referred to in paragraphs 1 and 2 shall be submitted by the applicant to the water authority together with the application on the prescribed form, the particulars of which are set out in Annex No 1.
Forms of authorisation for the treatment of surface or groundwater pursuant to § 8 (1) (a), (b), (d), (e) or (f) of the Water Act
Authorisation for the handling of waters, other than those provided for in specific legislation2) contains:
(a) the type, purpose and extent of water handling;
(b) the period for which the authorisation is issued;
(c) the name of the watercourse, the number of the hydrological order of the river basin, the name and the code of the water body and the indication of the river kilometer of the watercourse (station), as far as the authorisation relates to the watercourse;
(d) the number of the hydrogeological area and the groundwater body concerned by the treatment of groundwater;
(e) details of the quantities of waters to be handled, as well as other particulars, provided that this is provided for by the Water Act and those issued under it;
(f) laying down the conditions under which the handling of waters is permitted;
(g) identification of the location of the water management site (indicative coordinates as determined in the coordinate system of the Single Trigonometric Network of Catastral2a);
(h) laying down the conditions for the use of defective substances for feeding to fish and for the treatment of surface water on fish storage tanks, where applicable, in the case of authorisations for the management of waters for the purpose of fish or aquatic poultry farming or other aquatic animals.
Documents for the issue or modification of a groundwater permit for individual citizens (household)
[K § 8 (1) (b) (1) of the Water Act]
(1) The applicant submits to the application:
(a) the situation of the wider relationships of the groundwater sampling site and its surroundings, schematically drawn into the map base, generally on a scale of 1: 10 000 to 1: 50 000, unless, at the same time as the groundwater collection, a related water work is also required;
(b) a copy of the cadastral map of the territory to which the authorisation relates, including the representation of the place of collection of groundwater;
(c) the expression of a person with professional competence (1a), unless, in exceptional cases, the Water Authority decides otherwise under Paragraph 9 (1) of the Water Law, which it contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological rayon, the body of groundwater or, where appropriate, the collector in which the groundwater is to be handled,
3. an evaluation of the hydrogeological characteristics, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater flow to be handled,
4. an assessment of the degree of risk affecting the quantity of groundwater and surface water resources or protected areas defined by specific legislation;
5. a proposal for the conditions under which a permit for the collection of groundwater may be issued where such withdrawal may have a significant impact on the quality and quantity of groundwater or the protected areas defined by specific legislation;
6. a proposal for a minimum groundwater level, where sampling may result in a substantial reduction in groundwater level,
(d) a copy of the permit for the construction of the waterworks and the approval decision or approval of the waterworks, provided that the required water permit is related to the existing waterworks and has in the past been issued by an authority other than the water authority responsible for issuing the water permit today; Paragraph 125 (1) of the Construction Act is without prejudice to:
(e) proof of ownership or right of use of the waterworks where the required water management permit is related to the existing waterworks;
(f) decisions, opinions, opinions, assents, assessments or, where appropriate, other measures of the institutions concerned relating to the case, where otherwise required by other legislation1).
(2) The applicant shall submit the documents referred to in paragraph 1 and evidence that he is entitled (Paragraph 8 (2) of the Water Act) from the existing permit, according to the nature of the change, to the application for modification of the groundwater permit, provided that he has been issued to another body.
(3) The documents referred to in paragraphs 1 and 2 shall be submitted by the applicant to the water authority together with the application on the prescribed form, the particulars of which are set out in Annex 2.
Forms of groundwater permit for individual citizens (household)
The permit to collect groundwater for the needs of individual citizens (households) except for the formalities laid down by specific legislation2) contains:
(a) the purpose and extent of handling of waters;
(b) the period for which the authorisation is issued;
(c) the number of the hydrogeological area and the body of groundwater from which the groundwater will be collected;
(d) information on the quantities of groundwater collected, as well as other data under the Water Law or legislation issued under it;
(e) laying down the conditions under which the handling of waters is permitted;
(f) determination of the location of the groundwater sampling site (indicative coordinates determined in the coordinate system of the single trigonometric network of the cadastral2a).
Documents for the issue or modification of a permit to discharge waste water into surface or groundwater waters
[K § 8 (1) (c) of the Water Act]
(1) The applicant submits to the application, depending on the nature of the treatment of surface water or groundwater
(a) the situation of the wider relationship of the waste water discharge site and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000;
(b) a copy of the cadastral map of the territory to which the authorisation relates, including a representation of the place of waste water discharge;
(c) the opinion of the river basin administrator on the required waste water discharges, including verification of the indicative location of the water management site at coordinates X, Y, as determined in the coordinate system of the Single Trigonometric Network of Catastral2a, following the register of watercourses;
(d) the statement of the relevant water flow manager for the required waste water discharge where the application for authorisation relates to that water flow;
(e) a copy of the permit for the construction of the waterworks and the approval decision or approval of the waterworks, provided that the required water permit is related to the existing waterworks and has in the past been issued by an authority other than the authority competent to issue the water permit today; Paragraph 125 (1) of the Construction Act is without prejudice to:
(f) proof of ownership, if this right cannot be verified in the register of real estate, or the right to use the waterworks, provided that the required permit for the handling of water is related to the existing waterworks;
(g) decisions, opinions, opinions, assents, assessments and, where appropriate, other measures of the institutions concerned concerning the case, where specific legislation so requires by the applicant (1);
(h) water flow data (Q355 daily) where the application for authorisation concerns water flow;
(i) the listing and nature of the protected territories and protection zones established under specific legislation1), if they could be affected by the management of waters;
(j) the expression of a person with professional competence (1a) when it comes to the discharge of waste water into groundwater, which contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological rayon, the body of groundwater or, where appropriate, the collector in which the groundwater is to be handled,
3. an evaluation of the hydrogeological characteristics, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater flow to be handled,
4. an assessment of the degree of risk affecting the quantity and quality of groundwater and surface water resources or protected areas defined by specific legislation;
5. an assessment of the impact of the natural medical or mineral water regime of the base structure, where the discharge of waste water in the area of that source is located;
6. a draft of the conditions under which a permit to discharge waste water into groundwater may be issued if such discharge can have a significant impact on the quality and quantity of groundwater or the protected areas defined by specific legislation.
(2) The applicant shall submit, in accordance with the nature of the change, the documents referred to in paragraph 1 and evidence that it is authorised (Paragraph 8 (2) of the Water Act) from the existing authorisation, provided that it has been issued to another body, to the applicant for an amendment to the permit for the discharge of waste water into surface or groundwater waters.
(3) The documents referred to in paragraphs 1 and 2 shall be submitted by the applicant to the water authority, together with the application on the prescribed form, the contents of which, depending on the nature of the treatment of the waters, are set out in Annex 3 or 4.
Documents for the issue or modification of a permit for the discharge of waste water into surface or groundwater water for the needs of individual citizens (households)
[K § 8 (1) (c) of the Water Act]
(1) The applicant submits to the application according to the nature of the type of water management
(a) the situation of the wider relationship of the waste water discharge site and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000;
(b) a copy of the cadastral map of the territory to which the authorisation relates, including a representation of the place of waste water discharge;
(c) the statement of the relevant water flow manager on the required waste water discharge, in so far as the application relates to that water flow;
(d) the expression of a person with professional competence (1a) when discharges of waste water into groundwater, which contains:
1. basic data, including the identification of the contracting authority and the processor of the expression or, where appropriate, the processor of the relevant project documentation;
2. descriptive data, including the identification of the hydrogeological rayon, the body of groundwater or, where appropriate, the collector in which the groundwater is to be handled,
3. an evaluation of the hydrogeological characteristics, including the determination of the level of groundwater, the power of the watered layer of the direction of groundwater flow to be handled,
4. an assessment of the degree of risk affecting the quantity and quality of groundwater and surface water resources or protected areas defined by specific legislation;
5. an assessment of the impact of the natural medical or mineral water regime of the base structure, where the discharge of waste water in the area of that source is located;
6. a proposal for the conditions under which a permit for the discharge of waste water into groundwater may be granted if such discharge can have a significant effect on the quality and quantity of groundwater or the protected areas defined by specific legislation,
(e) a copy of the permit for the construction of the waterworks and the approval decision or approval of the waterworks, provided that the required water permit is related to the existing waterworks and has in the past been issued by an authority other than the authority competent to issue the water permit today; Paragraph 125 (1) of the Construction Act is without prejudice to:
(f) proof of the title or the right of use of the waterworks, provided that the required water management permit is related to the existing waterworks;
(g) decisions, opinions, opinions, assents, assessments or other measures of the institutions concerned concerning the case, where otherwise required by other legislation.1)
(2) The applicant shall submit, in accordance with the nature of the change, the documents referred to in paragraph 1 and evidence that it is authorised (Paragraph 8 (2) of the Water Act) from the existing authorisation, provided that it has been issued to another body, to the applicant for an amendment to the permit for the discharge of waste water into surface or groundwater waters.
(3) The documents referred to in paragraphs 1 and 2 shall be submitted by the applicant to the water authority, together with the application on the prescribed form, the contents of which, depending on the nature of the treatment of the waters, are set out in Annex 5 or 6.
Documents for the issue or modification of an authorisation for certain activities
[Paragraph 14 (1) of the Water Act]
(1) The applicant submits to the application according to the nature of the activity authorised
(a) the situation of broader relationships between the place of activity and its surroundings, schematically drawn into the map base, usually on a scale of 1: 10 000 to 1: 50 000;
(b) documents proving the applicant's ownership or other rights to real estate directly affected by the required authorisation, where the water authority cannot verify the existence of such right in the property register;
(c) the position of the river basin administrator on the authorised activity, including verification of the indicative location of the activity at X, Y coordinates determined in the single trigonometric network system of the cadastral 2a) following the waterflow register;
(d) the statement of the relevant water flow manager on the authorised activity where the application for authorisation concerns that water flow;
(e) a copy of the cadastral map of the territory to which the authorisation for certain activities relates, describing and indicating the place of implementation of those activities;
(f) decisions, opinions, opinions, assents, assessments and, where appropriate, other measures of the institutions concerned relating to the case, where otherwise required by other legislation1);
(g) documentation of the authorised activity, including a description of its anticipated effects on the environment.
(2) The applicant shall submit the documents referred to in paragraph 1 to the application for modification of an authorisation for certain activities, depending on the nature of the change, and evidence that he is the successor in title to the person to whom the existing authorisation has been granted, if he has been granted to another body.
(3) The documents referred to in paragraphs 1 and 2 shall be submitted by the applicant to the water authority together with the application on the prescribed form, the particulars of which are set out in Annex 7.
Forms of authorisation for certain activities
Authorisation for certain activities, other than those provided for in specific legislation2) contains:
(a) the type and scope of the activity authorised;
(b) the period for which the authorisation is issued;
(c) the name of the water stream, the number of the hydrological order of the river basin, the name and the code of the water body and the indication of the river kilometer of the water flow (station), where the application for authorisation concerns the water flow,
(d) the number of the hydrogeological area, the body of groundwater or the collector where the groundwater is located, which could be affected by activities under Paragraph 14 (1) of the Water Act;
(e) laying down the conditions under which the activity is authorised;
(f) identification of the location of the authorised activity (indicative coordinates defined in the single trigonometric network coordinate system of the cadastral2a).
Documents for the issue of a building permit for water works
(K § 15 of the Water Act)
(1) The applicant submits to the application according to the nature of the waterworks
(a) the documents accompanying the application for a building permit under a specific legislation;
(b) project documentation which, in the case of authorised water works with border waters, is presented in a number established under an international agreement which the Czech Republic is bound to and which also includes:
1. the list and nature of the protected territories and protection zones established under specific legislation1), where they could be affected by the construction and management of waters;
2. water flow data in water flow according to the type of water work (Qm-day, Qn-year) where the application for authorisation concerns water flow,
3. the number of the hydrogeological area and the body of groundwater, where the application for a building permit concerns a waterworks related to the groundwater source,
(c) the authorisation of the Water Authority for the treatment of waters under Section 8 of the Water Act, if it has been issued for the construction in question in advance by a water authority other than the competent authority for the issue of the building permit;
(d) the opinion of the river basin administrator, except where the application for a building permit relates to a transfer of water ducts or sewerage, including verification of the indicative position of the water works at coordinates X, Y, determined in the coordinate system of the Single Trigonometric Catastral Network (2a) following the waterflow register;
(e) the statement of the relevant water flow manager where the application for a building permit relates to a water work related to that water flow;
(f) the agreement of the building authority responsible for the decision-making of the zoning or, where appropriate, the statement of compliance of the proposed construction with the plans of zoning (4);
(g) an assessment of the need or, where appropriate, a proposal for conditions for the implementation of the technical safety oversight on a water work processed by the competent person responsible for this task by the Ministry of Agriculture (5) in the case of an application for authorisation of a new or a modification of a completed water work subject to technical safety oversight.
(2) The documents referred to in paragraph 1 shall be submitted by the applicant to the water authority together with the application on the prescribed form, the particulars of which are set out in Annex 8.
Forms of building permit for water works
In addition to the requirements of the building permit for the execution of water works, for their changes and for their use, and for their disposal, resulting from special legislation3), the permit shall also:
(a) basic data on construction, its breakdown, technical or manufacturing installations;
(b) the name of the water stream, the number of the hydrological order of the river basin, the name and the code of the water body and the indication of the river kilometer of the water flow (station), where the application for a building permit concerns a water works related to the water flow;
(c) the number of the hydrogeological area and the body of groundwater, where the application for a building permit concerns a waterworks related to the groundwater source;
(d) the determination of the position of the waterwork (indicative coordinates defined in the coordinate system of the single trigonometric network of the cadastral2a).
Documents for the issue of a building permit to a household sewage treatment plant, well or other water part needed to collect groundwater for the needs of individual citizens (household)
(K § 15 of the Water Act)
(1) The applicant submits to the application according to the nature of the waterworks
(a) the documents accompanying the application for a building permit pursuant to the special legislation (3);
(b) the agreement of the building authority responsible for issuing the zoning decision or, where appropriate, the statement of compliance of the proposed construction with the zoning planning4);
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Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 432 / 2001 Coll., on documents of application for a decision or observations and on the formalities for authorisation, consent and expression of the Water Authority |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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