Act No. 46 / 1971 Coll.
Geodesy and Cartography Act
Valid
Effective from 01.09.1971
46
THE LAW
of 6 July 1971
on geodesy and cartography
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Basic provisions
(1) According to the national plans for the development of the national economy, in the field of geodesy and cartography, professional metering, computing and construction work is carried out in geodesy, mapping, engineering geodesy and real estate records, in particular for the needs of the economic and cultural construction and defence of the state, and work related to the creation and publication of cartographic works.
(2) The tasks of geodesy and cartography are:
(a) the central and territorial bodies of geodesy and cartography of the Czech Socialist Republic and the Slovak Socialist Republic as bodies of the State Administration for the Security of Civil Needs of Geodesy and Cartography (hereinafter referred to as the "Geodesy and Cartography Bodies") and their subordinate organisations;
(b) the Federal Ministry of National Defence and its subordinate bodies and organisations,
(c) other bodies of government and socialist organisations, provided that this law or specific legislation so provides.
Scope of bodies and organisations of geodesy and cartography
The bodies of geodesy and cartography shall:
(a) setting out the concepts and guidelines for the development of geodesy and cartography and the responsibility for their implementation;
(b) setting up, where appropriate, the establishment, maintenance, renewal and documentation of geodetic bases and national map works;
(c) the creation and maintenance of property records *) and the production and verification of geometric plans for these purposes;
(d) management of engineering geodesy,
(e) coordination of geodetic and cartographic works to be taken over or used also for national map works and for the collection, evaluation and documentation of the results of such work;
(f) the production, reproduction and publication of cartographic works and other publications and the coordination of the publication of such works by other competent authorities and organisations,
(g) implementation of geodesy and cartography measures in the interest of State defence with the approval of the Federal Ministry of National Defence;
(h) management and coordination of research and scientific and technological development in geodesy and cartography;
(i) the provision of international cooperation tasks in geodesy and cartography.
In order to ensure the technical professional activities of geodesy and cartography, the central authorities of the Republic shall establish organisations to the extent specified by the central authorities:
(a) ensure the establishment, maintenance, restoration and documentation of geodetic bases;
(b) maintain a central geodetic and cartographic documentation and a central documentation of the cartographic works;
(c) provide scientific and technical information;
(d) carry out research and scientific and technological development and development tasks;
(e) carry out other tasks entrusted to them by the central authority of the geodesy and the cartography of the Republic.
If it is to be the subject of an activity *) of socialist organisations which are not subordinate to the central body of geodesy and cartography of the Republic, the exercise of work in the field of geodesy and cartography shall be subject to the approval of that authority.
Measures to defend the State
(1) The authorities of state administration and socialist organisations (hereinafter referred to as "bodies and organisations") carrying out geodetic and cartographic work are obliged in their activities to take care of the interests of the State's defence, in particular in determining geodetic systems, in building, maintaining and improving geodetic and geophysical foundations and in the creation of cartographic works. In an activity affecting the interests of State defence, these authorities and organisations shall proceed with the approval of the Federal Ministry of National Defence.
(2) The government of the Czechoslovak Socialist Republic establishes binding geodetic systems of major importance.
(3) The principles for the publication and dissemination of geodetic and geophysical data, maps, map annexes and other cartographic works for the defence of the State are laid down by the Government of the Czechoslovak Socialist Republic.
(1) Geodetic and cartographic works for State defence purposes are carried out in its field or provided by the Federal Ministry of National Defence. The Federal Ministry of Defence and the Central Authorities of Geodesy and the Cartography of Republics shall agree on how to use the results of these civil-use work.
(2) The Geodetic and Cartographic Works for State Defence are managed by the Federal Ministry of National Defence.
(3) The Federal Ministry of National Defence and the bodies and organisations subordinate to it carry out geodetic and cartographic work for the purposes of State defence, independently of the authorities and organisations referred to in Article 1 (2) (a) and (c), whose scope does not apply to this activity.
Implementation of geodetic and cartographic works
(1) The institutions and organisations may carry out geodetic and cartographic work for their own use within the limits of the field of activity for which they have been set up if they have qualified staff to do so; they are required to carry them out in a professional manner and in accordance with the rules applicable to such work.
(2) If they intend to carry out such work, the authorities and organisations are required to notify the territorial authority of geodesy and cartography in advance to the competent authority of their headquarters.
Geometric plans and other results of geodetic work to be taken over or used also for national map works and for documentation conducted by geodesy and cartography bodies shall be verified whether they comply with the applicable regulations by their formalities and accuracy.
(1) The authorities and organisations carrying out geodetic and cartographic works, which are to be taken over or used also for national map works and for documentation carried out by geodesy and cartography bodies, are required to notify these works before they are initiated to the territorial authority of geodesy and cartography responsible for the place of work carried out and to give that authority, free of charge, the results of such work verified in accordance with Article 8, for evaluation, documentation and use.
(2) If higher costs are incurred by the organisation in carrying out geodetic and cartographic work solely to enable such work to be taken over or used also for state maps and documentation conducted by geodesy and cartography bodies, the geodesy and cartography body shall pay the increased costs only if the way in which the work is carried out and the reimbursement of such costs has been agreed in advance.
(1) The institutions and organisations may create and issue cartographic works for civil use, unless they are already authorised to do so under specific legislation (Section 1 (2) (c)), only with the prior approval of the central authority of the geodesy and cartography of the Republic.
(2) The publication of cartographic works intended for public dissemination for civil use shall be notified in advance to the central authority of the geodesy and cartography of the Republic.
(3) New state map works can be produced and reproduced only with the prior approval of the central body of geodesy and cartography of the Republic.
(4) In order to use State map works and their parts or cartographic derivatives (smaller, enlarged) for the production and publication of the cartographic work, authorities and organisations are required to request prior approval of the territorial authority of geodesy and cartography, which maintains the relevant part of the state map work.
(5) The central authority of geodesy and cartography of the Republic may, if necessary, waive the obligations laid down in the preceding paragraphs for certain cartographic works.
(1) The central authorities of geodesy and cartography of the Republics regulate geodetic and cartographic work and ensure coordination of works that can also be taken over or used for state map works and for documentation conducted by geodesy and cartography bodies.
(2) The territorial authority of geodesy and cartography shall decide immediately after the notification of works (Section 9 (1)) and after consulting the notifier whether these works are subject to coordination. Coordination work shall be carried out in agreement with that authority.
The authorities and organisations carrying out geodetic and cartographic work, to be taken over or used also for national map works and for documentation conducted by geodesy and cartography bodies, shall be required to provide effective assistance to those authorities in controlling such work, in particular to enable them to carry out control measurements and provide them with the necessary supporting documents.
(1) If the Central Authority of Geodesy and Cartography of the Republic finds that, despite prior warnings, geodetic and cartographic works are seriously infringed by the obligations under this Act, it shall, after consultation with the Central Central Authority concerned, prohibit the implementation of such works until the defects have been remedied.
(2) If the Central Authority of Geodesy and Cartography of the Republic finds that the authorities and organisations, in their activities in the field of geodesy and cartography, infringe the interests of the State's defence (§ 5), it shall prohibit such activities in agreement with the Federal Ministry of Defence.
Confidentiality obligation
The persons carrying out geodetic and cartographic work and their supervision must maintain confidentiality regarding the facts which they have learned in their activities and which, in the general interest or in the interests of the persons concerned, require them to remain secret from unauthorised persons. Such obligations may, on a case-by-case basis, be waived by the management body or organisation for which they were engaged. The obligation to remain silent shall continue after termination of employment.
Relationship to real estate
(1) The authorities and organisations carrying out geodetic work are authorised, in the performance and supervision of these works, to the extent necessary, to enter and enter and use, upon prior notice of the owner (user) and to establish, maintain, relocate, remove and renew measuring marks, signals and other devices. In doing so, they must ensure that they do not interfere with the least possible land management and other use of real estate.
(2) The right to enter the property shall be shown by an official document.
(3) The authorities and organisations referred to in paragraph 1 may also, to the extent necessary, if they do not do so at their request within a reasonable period of time by the owner (user) of the land, make the necessary land modifications, clean up and remove the crops which hinder the performance of geodetic works and the use of measuring marks, signals and other equipment.
(4) Where the activities referred to in paragraphs 1 and 3 are affected by other State-protected important general interests, in particular on the area of spatial planning, transport, agricultural land fund, forest fund, soil protection against erosion, energy distribution, telecommunications, conservation and conservation of nature, the prior agreement shall be made with the authorities responsible for protecting those interests.
(5) Where there is a dispute over the scope of the authorisations referred to in paragraphs 1 and 3, the district national committee shall decide on a case-by-case basis.
(1) Entry into premises and objects used by the armed forces, further to the places where the facilities used to defend and protect the State are located, and entry into the dedicated railway areas is governed by specific regulations.
(2) The authorities or organisations managing establishments which are liable to endanger life or health allow workers carrying out geodetic work to enter and ensure the safety and health of such establishments.
Establishment and protection of measuring marks, signals and other equipment
(1) The establishment, maintenance, movement, removal and renewal of the measuring marks, signals and other equipment of the geodetic base points are provided by the Geodesy and Cartography organisations and by the authorities of the Federal Ministry of National Defence for State Defence. They shall inform each other of any changes made. Those authorities and organisations shall also define the areas necessary to protect those points as appropriate.
(2) No action may be taken within the protection territory which could jeopardise the measuring marks, signals and other devices of the geodetic base points for which protection has been defined, or make it impossible or make it difficult to use them, as appropriate.
(3) The central body of geodesy and cartography of the Republic may, on a case-by-case basis, delegate to another authority or organisation, by mutual agreement, the establishment, maintenance, transfer, removal and renewal of measuring marks, signals and other equipment of geodetic ground points.
(4) Other measuring marks, signals and other devices may, within the limits of their competence, establish, maintain, relocate, remove and renew other bodies and organisations other than geodesy and cartography bodies and organisations. The central authority of the geodesy and the cartography of the Republic may, in whole or in part, reimburse the relevant costs if such measuring marks, signals and other devices are to be suitable for continuous use.
(1) Owners (users) of real estate as well as other persons are obliged to suffer from the location of measuring marks, signals and other real estate facilities and to refrain from anything that could destroy, damage them or render them useless. Where, for serious reasons, it is necessary to transfer or remove or take other measures which could jeopardise the use of such marks, signals and other devices, this shall be notified in advance to the authority or organisation managing them and to implement such measures only with their consent.
(2) Owners (users) of real estate are required to notify the territorial authority of geodesy and cartography of the destruction, damage or threat of measuring marks, signals and other equipment.
(3) Those who destroy, damage or otherwise degrade a measuring mark, signal or other device shall comply with the general rules.
Compensation
(1) The authorities and organisations carrying out geodetic work are required to save as much as possible the rights and legitimate interests of the owners (users) of the property as well as of other property in the performance of their work. On completion of the work, the authorities and organisations are obliged to indicate the property and other assets in the previous state.
(2) If it is not possible to replace the damage caused by an indication in the previous situation, the owner (user) of the property shall be entitled to compensation in cash under the general rules.
(3) If the owner (user) of the property is substantially restricted in the normal use of the property by the execution of the works referred to in paragraphs 1 and 3 of Section 15, or by the placing of measuring marks, signals and other devices, or by the definition of the protection territory referred to in Section 17 (1), he shall also be entitled to receive adequate one-off compensation from the authority or organisations for whose purposes the work is carried out or the establishment of the installation. This right must be exercised with the institution or organisation within 6 months of the end of the work, otherwise it shall cease to exist.
(4) Disputes concerning claims under paragraphs 2 and 3 are decided by the Regional National Committees.
Cooperation between institutions and organisations
(1) All authorities and organisations are required to provide the geodesy and cartography authorities with the information necessary for the performance of their tasks, in particular to notify them of changes to the facts recorded in the operators registered with those authorities and to provide them with the necessary supporting documents.
(2) At the request of the authorities of geodesy and cartography, local committees declare the conduct of local inquiries and ensure the participation of owners (users) in them. If the owner (user) does not attend the local inquiry, although invited, the local inquiry may be carried out in his absence.
(3) The geodesy and cartography bodies carry out tasks related to the activities of the national committees in cooperation with them and provide them with technical assistance in their field of competence.
(4) The geodesy and cartography bodies cooperate with all bodies and organisations implementing geodetic work, in particular by providing supporting documents for such work.
Common and final provisions
(1) Geodetic foundations are the following: Czechoslovak astronomical geodetic network, Czechoslovak trigonometric network, Czechoslovak unified levelling network, Czechoslovak network of supporting gravimetric points and Czechoslovak gravimetric network of first and second order.
(2) Engineering geodesy includes special geodetic work using geodetic methods and knowledge, in particular in investment construction and in industry, with the exception of special geodetic work in mining.
(3) Cartographic work means the cartographic representation of the earth's surface or its parts or other objects or phenomena of objective facts together with text and other explanatory notes.
(4) A national map shall mean a continuous representation of the national territory, drawn up in the state interest and in accordance with uniform principles.
The central authorities of the Republic of geodesy and cartography shall, in agreement with the participating central authorities, issue the necessary implementing provisions, specifying in more detail:
(a) the implementation of geodetic and cartographic work, in particular the notification, coordination and control of such work, the surrender, evaluation and documentation of their results, the production and verification of geometrical plans and other results of geodetic work and the requirements for the qualification of personnel carrying out geodetic and cartographic work;
(b) setting up and protecting measuring marks, signals and other devices;
(c) the production, notification, reproduction and publication of cartographic works, their documentation, the surrender of compulsory and working copies and the distribution of such works;
(d) the procedure for the publication and dissemination of geodetic data and cartographic works;
(e) cooperation between geodesy and cartography bodies and other bodies and organisations.
Authorities and organisations already authorised under existing legislation to carry out geodetic work shall not be subject to the notification requirement of Paragraph 7 (2).
(1) The following shall be deleted:
(a) Government Decree No. 43 / 1920 Coll., on a uniform organisation of accurate height measurements,
(b) Act No. 177 / 1927 Coll., on Land Register and its Management (cadastral Act),
(c) Government Decree No. 64 / 1930 Coll., partly implementing Titles II, III and IV of the Land Register Act and its Management (cadastral Act);
(d) Act No. 82 / 1948 Coll., on the Modification of Jurisdiction in Public Measurement and Mapping Matters (Geometry Act), as amended by Act No. 250 / 1949 Coll.,
(e) Government Decree No. 1 / 1954 Coll., establishing the Central Administration of Geodesy and Cartography,
(f) Ordinance No. 156 / 1957 of the Central Administration of Geodesy and Cartography of the Ú. l., on the reporting of geodetic and topographic works, the submission of elaborates of these works, the publication and reproduction of cartographic works, as amended by Decree No. 35 / 1968 Coll.
(2) Without prejudice to legislation governing the registration of real estate, the implementation of special-purpose geodetic works and the production, management and issue of mining or other special-purpose (thematic) maps. *)
This Act shall take effect on 1 September 1971.
Freedom v. r.
Dr. Hanes v. r.
Dr Strougal v. r.
*) Act No. 22 / 1964 Coll., on the registration of real estate, and the Decree of the Central Administration of Geodesy and Cartography No. 23 / 1964 Coll., implementing Act No. 22 / 1964 Coll., on the registration of real estate, as amended by Decree No. 133 / 1965 Coll.
*) Paragraph 43 of Economic Code No. 109 / 1964 Coll.
*) In particular the following: Government Regulation No. 96 / 1953 Coll., on Hydrometeorological Institute, Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (Upper Law), Act No. 166 / 1960 Coll., on Forestry and Forestry (Forest Act), Act No. 54 / 1963 Coll., on the Czechoslovak Academy of Sciences, and Act No. 22 / 1964 Coll., on Real Estate Records, and the relevant implementing regulations.
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Regulation Information
| Citation | Act No. 46 / 1971 Coll., on Geodesy and Cartography |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.07.1971 |
|---|---|
| Effective from | 01.09.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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