Decree No. 453 / 2017 Coll.
Ordinance on professional competence and the adaptation of certain other issues related to environmental impact assessment
Valid
Order
Effective from 20.12.2017
Text versions:
01.05.2024
20.12.2017
453
DECLARATION
of 14 December 2017
on competence and the adaptation of certain other issues related to environmental impact assessment
The Ministry of the Environment provides pursuant to Sections 19 (14) and 23 (9) of Act No. 100 / 2001 Coll., on Environmental Impact Assessment and on the amendment of certain related laws (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll., Act No. 39 / 2015 Coll. and Act No. 326 / 2017 Coll., ("Act '):
Professional competence test for granting and extending authorisation
(K § 19 of the Act)
(1) Professional competence for the purposes of § 19 (4) (b) of the Act includes knowledge
(a) the Act and other legislation for the protection of public health, the environment and its components pursuant to Article 2 of the Act (1);
(b) zoning and construction legislation;
(c) the procedures for the processing of documents obtained during the environmental impact assessment;
(d) natural and technical sciences in terms of environmental and public health effects.
(2) The application for a proficiency test ("the test ') shall be submitted by the candidate to the Ministry.
(3) A panel of at least five members, hereinafter referred to as the "Commission," composed of experts appointed by the Minister for the Environment, shall verify the professional competence. A member of the Commission shall be at least one Ministry employee and one expert whose appointment has been proposed by the Ministry of Health. The Commission shall be drawn up by the Ministry, including the designation of its President. The Commission shall act by a majority of its members; in the event of a tie, the chairman's vote shall be taken.
(4) The candidate is invited to the test at least 30 days before the test.
(5) The test to be conducted for the purpose of authorisation shall be divided into two parts separately performed and evaluated, which shall mean the written test and the oral test. Successful written examination is a prerequisite for oral examination. The Commission shall inform the tenderers of the results of the evaluation of the written examination at the latest during the oral examination. The candidate shall pass the oral examination successfully no later than 2 years after the successful completion of the written examination. If the tenderer has failed the oral examination, only this part of the examination shall be repeated; the obligation to pass the test successfully within the period specified in the previous sentence is not affected.
(6) The test to be conducted for the purpose of renewal of authorisation shall only include an oral test.
(7) A written examination shall be carried out by the applicant in the form of a written test. During the oral examination, the applicant shall answer four test questions; The questions of the panel on the candidate's current practice may also be the subject of an oral examination for the purpose of extending authorisation. Members of the Commission may ask supplementary questions. The test is not public.
(8) The test shall be recorded in writing indicating both the written and oral evaluation. This written record shall be signed by the members of the Commission.
(9) The test shall be assessed by "passed 'or" failed'. The Ministry shall issue proof of the successfully completed test of competence (hereinafter referred to as the certificate). The model certificate is set out in the Annex to this order. A candidate who has been assessed by the classification grade "failed 'shall be instructed by the Panel on the possibility and conditions of repeating the test.
(10) A candidate who could not attend the test for a serious reason and duly apologized in writing shall be appointed by the Ministry as a substitute for the examination.
(11) The applicant may ask for the test to be carried out repeatedly, but not earlier than 60 days after the date of the test for which he failed or for which he did not appear without due apology or for no serious reason.
(12) If the tenderer has not carried out a repeat test or has not received it without a proper apology, he may repeat it again only six months after the date of the test.
Scope of required education
(K § 19 of the Act)
For the purposes of this Decree, higher education in areas relating to environmental impact assessment shall be regarded as completed in accordance with Section 19 (4) (a) of the Act.
Method and conduct of public consultation
(K § 17 of the Act)
(1) Where a public consultation is ordered, the competent authority shall ensure that the place and time of the public consultation corresponds to the importance of the project under consideration, taking into account the availability of transport, the capacity of the venue and the time enabling public participation.
(2) The competent authority may, in the light of the circumstances appropriate for the purpose of the public consultation, order the public consultation in a distance form, in particular:
(a) a project which, taking into account its nature, scope, location and other circumstances, including the expected high public participation, would be technically, organisationally or economically difficult to provide an appropriate place for public consultation in a representative form;
(b) in the case of a project whose territory is affected by the administrative district of 10 or more municipalities; or
(c) where public consultation is held at a time when measures prohibiting or restricting the contact of persons apply.
(3) If the competent authority does not order public consultation in distance form, the public consultation shall take place in representative form. Where necessary, the competent authority may at the same time provide for the possibility of a distance approach (the combined form) for the ordered presentation form, in particular if it is found appropriate in view of the technical, organisational and economic requirements for this form of public consultation.
(4) The procedure for the selection of the form of public consultation referred to in paragraphs 2 and 3 shall be indicated by the competent authority in the justification of the binding opinion on the assessment of the environmental performance of the project issued for the relevant project pursuant to Article 9a (1) of the Act.
(5) Where public consultation takes place in a combined form, the competent authority shall also select a selected videoconferencing facility as the venue for the public consultation, which shall allow free access to all interested parties for public consultation. In the case of a distance form, only selected videoconferencing equipment shall be chosen by the competent authority as the place of public consultation; the costs of public consultation participants for the acquisition of technical equipment enabling them to participate in the public consultation, as well as the costs of Internet or telephone connections and other similar costs shall not be borne by the competent authority. In such a case, the public consultation information shall include a link to the web address allowing for participation in the public consultation by means of a videoconferencing device, or any other information necessary for connection. The competent authority shall also indicate in the public consultation information the contact details of the person responsible for providing technical support during and immediately before the public consultation.
(6) The conduct of the public consultation shall be managed by a person authorised by the competent authority (hereinafter referred to as "the authorised person ') in such a way that the environmental effects of the project are discussed in all material respects.
(7) The questions and comments concerning the environmental impact assessment of the project concerned shall be answered and, in particular, explanations shall be provided by the processors of the dossier and the opinion; the notifier shall inform the intention and its objectives. The submission of questions and comments shall be made only orally in all forms of public consultation.
(8) Where, for time, technical or other organisational reasons, it is not possible to answer essential questions or to address significant comments, the delegate may suspend the public consultation for the period necessary. A public hearing held in a distance or combined form may also be interrupted by the delegate because of systemic technical difficulties preventing the proper conduct of the public hearing by his or her scope, nature and duration.
(9) Questions and comments already answered and discussed in the course of the public consultation are not renegotiated.
(10) The minutes of the public consultation shall be taken by the delegate; the competent authority shall, together with the opinion, send it to the notifier, the authorities concerned and the local authorities concerned and publish it on the Internet in accordance with Article 16 (1) of the Act.
Publication of information and opinions
(K § 16 of the Act)
Information and opinions shall be published via the EIA or SEA2 Information System).
Repeal
Decree No. 457 / 2001 Coll., on professional competence and on the adaptation of certain other issues related to environmental impact assessment, is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Mgr. Brabec v. r.
Annex to Decree No 453 / 2017 Coll.
1) For example, Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Law), as amended, Act No. 61 / 1988 Coll., on Mining Activities, Explosives and on the State Mining Administration, as amended, Act No. 17 / 1992 Coll., on the Environment, as amended, Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended, Act No. 289 / 1995 Coll., on the Protection of the Agricultural Fund, as amended, and Act No. 20 / 1987 Coll., on the Protection of the Environment, as amended, Act No. 254 / 2001 Coll., as amended, Act No. 185 / 2001 Coll.
2) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended.
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Regulation Information
| Citation | Decree No. 453 / 2017 Coll., on professional competence and on the adaptation of certain other issues related to environmental impact assessment |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.2017 |
|---|---|
| Effective from | 20.12.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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