What is Act No. 465 / 2023 Coll.?

Act No. 465 / 2023 Coll., amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water, Energy and Electronic Communications Infrastructure (Line Act), as amended, and other related laws — Act amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water, Energy and Electronic Communications Infrastructure (Line Act), as amended, and other related laws.

When it became Act No. 465 / 2023 Coll. effectiveness?

Act No. 465 / 2023 Coll. became effective 01.01.2024.

Is Act No. 465 / 2023 Coll. still valid?

Yes, Act No. 465 / 2023 Coll. is still valid and effective.

How many times was it Act No. 465 / 2023 Coll. amended?

Act No. 465 / 2023 Coll. has 6 time versions of the text.

Act No. 465 / 2023 Coll.

Act amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water, Energy and Electronic Communications Infrastructure (Line Act), as amended, and other related laws

Valid Law Effective from 01.01.2024

Text versions: 01.01.2027 01.07.2024 01.01.2024 31.12.2023 29.12.2023

ČÁST PRVNÍ Čl. I „§ 2d § 2e „§ 2l § 2m „§ 2n „§ 3e „§ 4b „ČÁST TŘETÍ § 5e § 5f § 5g § 5h § 5i Čl. II ČÁST DRUHÁ Čl. III „§ 43a § 43b § 43c Čl. IV ČÁST TŘETÍ Čl. V ČÁST ČTVRTÁ Čl. VI ČÁST PÁTÁ Čl. VII Čl. VIII ČÁST ŠESTÁ Čl. IX ČÁST SEDMÁ Čl. X ČÁST OSMÁ Čl. XI Čl. XII ČÁST DEVÁTÁ Čl. XIII „§ 3a § 3b § 3c § 3d § 3e ČÁST DESÁTÁ Čl. XIV ČÁST JEDENÁCTÁ Čl. XV „§ 6a „§ 28a § 28b „§ 32b Čl. XVI ČÁST DVANÁCTÁ Čl. XVII ČÁST TŘINÁCTÁ Čl. XVIII „§ 2a ČÁST ČTRNÁCTÁ Čl. XIX „§ 18b § 18c Čl. XX ČÁST PATNÁCTÁ Čl. XXI „§ 80 ČÁST ŠESTNÁCTÁ Čl. XXII „§ 2a „§ 3a „§ 5a „§ 9a „§ 9b ČÁST SEDMNÁCTÁ Čl. XXIII ČÁST OSMNÁCTÁ Čl. XXIV ČÁST DEVATENÁCTÁ Čl. XXV

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465

THE LAW

of 29 November 2023

amending Act No. 416 / 2009 Coll., on speeding up the construction of transport, water and energy infrastructure and electronic communications infrastructure (liner law), as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Line Law

Čl. I

Act No. 416 / 2009 Coll., on the Acceleration of Construction of Transport, Water and Energy Infrastructure and Electronic Communications Infrastructure (Line Act), as amended by Act No. 209 / 2011 Coll., Act No. 405 / 2012 Coll., Act No. 178 / 2014 Coll., Act No. 49 / 2016 Coll., Act No. 194 / 2017 Coll., Act No. 225 / 2017 Coll., Act No. 169 / 2018 Coll., Act No. 237 / 2020 Coll., Act No. 403 / 2020 Coll., Act No. 284 / 2021 Coll., Act No. 126 / 2023 Coll., Act No. 152 / 2023 Coll., Act No. 202 / 2023 Coll., is amended as follows:

1. In the title of the Act, the words "transport, water and energy infrastructure and electronic communications infrastructure (liner law) 'are replaced by the words" strategically important infrastructure'.

2. The heading of Part One reads as follows: "PROCEDURES FOR THE PREPARATION AND AUTHORISATION OF THE SELECTED STATUS AND THE FOLLOWING COURT REVIEW '.

3. In the first sentence of Article 1 (1), the words "incorporating the relevant provisions of the European Union24 'shall be inserted after the words" incorporating the relevant provisions of the European Union24', the words "and energy infrastructure and 'shall be replaced by the words" energy and mining infrastructure, carbon dioxide storage infrastructure,' and the words "communication 'shall be inserted after the words" and strategic investment structures'.

Footnote 24 reads:

"(24) Directive (EU) 2021 / 1187 of the European Parliament and of the Council of 7 July 2021 on simplifying measures to improve the implementation of the trans-European transport network (TEN- T).";

4. in Article 1 (2), the following points (c) and (d) are inserted after point (b):

"(c) the water transport infrastructure listed in Annex 2 to this Act;

(d) terminals of rail and road transport pursuant to § 5e (1) (c), "

Points (c) and (d) shall be renumbered as points (e) and (f).

5. In the first sentence of Article 1 (4), the words "energy and 'are replaced by the words" energy, energy security or', after the words "development ', the words" recharging stations, hydrogen pumps or liquefied methane pumps' and the words "related thereto 'are replaced by the words" related to such structures and installations'.

6. in Article 1 (4), the following point (g) is inserted after point (f):

"(g) distribution system structures and installations, including the transformation plant related to charging stations, hydrogen filling stations or liquefied methane filling stations,"

Points (g) to (i) shall be renumbered as points (h) to (j).

7. in Article 1 (4) (i), the words "establishment and" shall be replaced by "establishment,"

8. In Paragraph 1, at the end of paragraph 4, the dot is replaced by "or 'and the following point (k) is added:

"(k) buildings for energy security."

9. In Article 1, the following paragraphs 5 to 10 are inserted after paragraph 4, including footnote 25:

"(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.

(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.

25) Act No. 85 / 2012 Coll., on the storage of carbon dioxide in natural rock structures and on the amendment of certain laws, as amended. '

Paragraphs 5 and 6 shall be renumbered paragraphs 11 and 12.

10. In Article 1, the following paragraph 13 is added:

"(13) For the purposes of this Act, a strategic investment construction shall mean a construction for production and storage located in a standstill or transformation area 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 construction. ';

11. in the first sentence of Article 2 (2), the words "to courts to review or replace administrative decisions given" shall be replaced by "against decisions given."

12. In Article 2, the following paragraphs 3 and 4 are inserted after paragraph 2:

"(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 later to grant suspensive effect. '.

Paragraphs 3 to 5 shall be renumbered paragraphs 5 to 7.

13. In Article 2, paragraphs 8 and 9 are added:

"(8) Discrepancies of objections, appeals and decompositions made 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. Where the appellant has not remedied that deficiency before the expiry of the period for lodging the appeal, the administrative authority of the appellant shall examine only the conformity of the contested decision and the procedure preceding the decision. '.

14. In Section 2c, "infrastructure and construction 'is replaced by" or mining infrastructure, carbon dioxide storage infrastructure or'.

15. in Article 2c (1) and in the first sentence of Article 2c (2), the words "infrastructure and buildings" are replaced by the words "or mining infrastructure, carbon dioxide storage infrastructure or"

16. The following Sections 2d and 2e are inserted after Section 2c:

„§ 2d

(1) No appeal is admissible against the decision to authorise the construction project for energy security.

(2) The authority concerned shall not be entitled to extend the time limit for the issue of a binding opinion or comments on the energy security construction project; This does not apply if there is an interstate assessment of the project carried out in the Czech Republic under the Environmental Impact Assessment Act or a single environmental opinion under the Single Environmental Opinion Act.

(3) 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.

(4) 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.

(5) 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.

(6) The provisions of paragraphs 1 to 5 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.

§ 2e

(1) The construction for energy security 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. "

17. In the first sentence of Article 2f, the words "or energy infrastructure 'are replaced by the words" energy or mining infrastructure, carbon dioxide storage infrastructure or strategic investment building' and the words ", mining infrastructure, carbon dioxide storage infrastructure or strategic investment building 'are inserted after the words" technical infrastructure'.

18. In Article 2g, the following paragraph 6 is added:

"(6) Paragraphs 1 to 5 shall not apply to the selected construction of energy infrastructure referred to in Section 1 (4) (g)."

19. in § 2h (1) and § 5, first sentence, the words "or energy infrastructure" shall be replaced by the words "energy or mining infrastructure, carbon dioxide storage infrastructure or strategic investment building."

20. Paragraph 2h (3) reads:

"(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 construction for which the purpose of expropriation is determined by law, the expression of an expert forest operator or legal or natural person responsible for that function, the owner and the lessee or the smuggler of the parcels concerned intended for the performance of the forest functions shall not be required. ';

21. in Paragraph 2h, paragraphs 4 and 5 are added:

"(4) A permit under the Construction Act for the purpose of transferring rights to such land shall not be required for the division or consolidation of land which is part of the project of 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. '

22. The following Sections 2l and 2m are inserted after Section 2k:

„§ 2l

(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.

§ 2m

(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. ';

23. The following Section 2n is inserted after Section 2m, including footnote 26:

„§ 2n

(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.

26) Act No 148 / 2023 Coll., on a single environmental opinion. '

24. in Article 3 (1), the words' and energy infrastructure and 'are replaced by', energy or mining infrastructure, carbon dioxide storage infrastructure or ';

25. in Article 3 (6), the words "or energy infrastructure" are replaced by the words "energy or mining infrastructure or carbon dioxide storage infrastructure."

26. In Article 3, paragraphs 7 to 9 are added:

"(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 the energy infrastructure as defined in the territorial development plan or in the territorial development principles and listed in the Annex to this Act 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 less 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 fixing such a refund. ';

27. In the first sentence of Article 3a, the words "electronic communications infrastructure and / or energy infrastructure 'are replaced by" energy or mining infrastructure, carbon dioxide storage infrastructure or electronic communications infrastructure'.

28. In Section 3a, the second sentence is deleted.

29. In Article 3b, at the end of paragraph 2, the sentence "If the acquisition of the necessary rights pursuant to Paragraph 3a buys value added tax, the price set by the expert opinion shall be the price including value added tax."

30. in Article 3b (9), the word 'infrastructure' is replaced by 'or mining infrastructure, carbon dioxide storage infrastructure or electronic communications infrastructure';

31. In the first sentence of Paragraph 3c, the words "electronic communications infrastructure and / or energy infrastructure 'are replaced by" energy or mining infrastructure, carbon dioxide storage infrastructure or electronic communications infrastructure'.

32. The following Section 3e is inserted after Section 3d:

„§ 3e

(1) If the construction of the transport infrastructure is subject to an environmental impact assessment, the contract for the acquisition of the land rights or for the construction necessary for the implementation of the construction can be concluded after a consensual binding opinion on the assessment of the environmental effects of the implementation of the project under the Environmental Impact Assessment Act or after the issuance of a consensual single environmental opinion under the Single Environmental Opinion Act (26) if its binding opinion on the assessment of the environmental performance of the project is included.

(2) If, in the examination procedure, the construction of the transport infrastructure is not subject to an assessment of the effects of the project on the environment, the contract for the acquisition of the rights to the land or the construction necessary for the implementation of the construction may be concluded after a decision on that fact has been taken. "

33.In Paragraph 4a (1):

"(1) If the expropriation authority concludes in the expropriation procedure that the conditions for expropriation are met, with the exception of the determination of the amount of compensation for expropriation, it shall, at the request of the expropriator, issue an interim decision (15) containing the statements referred to in Article 24 (3) of the Expropriation Act (hereinafter referred to as the" interim decision ') in respect of expropriation proceedings relating to the right to land or construction needed to carry out the construction

(a) transport, water or energy infrastructure

1. located in the area or corridor defined for it in the territorial development plan or in the territorial development principles; and

2. listed in Annex 1 to this Act; or

(b) local communication of Class I or special, tram or trolleybus tracks, if this construction is

1. located in the area or corridor defined for it in the planning documentation; and

2. all located in the development area according to the building law defined by the urban development policy and designated as the metropolitan development area. "

34. Paragraph 4a is deleted.

Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.

35. in Article 4a (7), "5 and 7" is replaced by "4 and 6";

36. § 4b reads:

„§ 4b

Paragraph 4a (1) and (3) to (7) shall apply mutatis mutandis for the construction of energy infrastructure not listed in Annex 1 to this Act, both defined and not defined in the zoning documentation, construction of mining infrastructure or construction of carbon dioxide storage infrastructure; in the case of 110 kV distribution system structures and installations including 110 kV transformer or 4 to 40 bar pressure level gas structures and equipment including related technological objects, the provisions of Section 4a (2) shall also apply. ';

37. in Article 4c (1) and (3), first sentence, the words "referred to in Article 1 (2) (a) and (b)" shall be deleted;

38. In § 4c (4), first, fourth and fifth sentences, and in § 4d (3), first and second sentences, "§ 4a (5)" is replaced by "§ 4a (4)."

39. In the first sentence of Paragraph 4d (1), the words "pursuant to Paragraph 1 (4)," shall be replaced by the words "the construction of the mining infrastructure or the construction of the infrastructure for the storage of carbon dioxide 'and the words" such construction of the energy infrastructure' shall be replaced by the words "such construction of the energy or mining infrastructure or of the infrastructure for the storage of carbon dioxide '.

40. the following Part Three is inserted after Part Two:

„ČÁST TŘETÍ

BUILDING OF THE SELECTED TRANS-EUROPEAN TRANSPORT INFRASTRUCTURE

§ 5e

(1) The selected trans-European transport infrastructure means:

(a) the sections of infrastructure and rail and the infrastructure for water transport on the corridor of the main trans-European transport network pursuant to the directly applicable regulation of the European Union amending the Connecting Europe Facility (27), as set out in Annex 2 to this Act, and the buildings related thereto;

(b) transport infrastructure on the corridor of the main trans-European transport network in accordance with the directly applicable regulation of the European Union governing the Connecting Europe Facility (27), if, in the case of an individual project under the building law, the expected total investment costs of the construction exceed EUR 300 000 000; and

(c) the terminals of rail and road transport referred to in the directly applicable European Union law governing the European Union guidelines for the development of the trans-European transport network (28), if located on any of the sections referred to in (a) or if they are infrastructure referred to in (b).

(2) The trans-European transport infrastructure selected is not a construction exclusively related to telematics applications, new technologies or innovations under the directly applicable European Union regulation amending the European Union guidelines for the development of the trans-European transport network (28).

(3) The related application is a request for a decision which is a condition for the construction of a selected trans-European transport infrastructure under the legislation protecting the public interests concerned, other than the construction law. A related application is not an application for expropriation.

§ 5f

(1) Where the construction of a selected trans-European transport infrastructure is subject to an environmental impact assessment, the person who presents the environmental impact documentation of the project and, where appropriate, the request for a single environmental opinion to the competent authority under the Environmental Impact Assessment Act shall at the same time notify the construction authority responsible for authorising the project. Where, under the Environmental Impact Assessment Act, the competent authority concludes that the environmental impact documentation or the application for a single environmental opinion

(a) contain the particulars provided for, immediately communicate to the construction office responsible for authorising the project this fact and the construction office shall immediately notify the person, according to the first sentence, that the project is in a sufficiently advanced phase; or

(b) they do not contain the particulars provided for, and at the same time as they are returned to the notifier, they shall inform the building authority responsible for authorising the project, indicating which particulars of the documentation or application are not included; the construction office shall immediately notify the person, in accordance with the first sentence, that the project is not in a sufficiently advanced phase and shall justify such notification by the competent authority's conclusion under the Environmental Impact Assessment Act.

(2) If the construction of the selected trans-European transport infrastructure is not subject to an environmental impact assessment, the person who submits a request for a single environmental opinion shall at the same time notify the construction office responsible for authorising the project. Where the administrative authority responsible for issuing a single environmental opinion concludes that the application

(a) it contains all the elements and does not suffer from any other defects, it shall immediately communicate to the construction office responsible for authorising the project this fact and the construction office shall immediately inform the person, according to the first sentence, that the project is in a sufficiently advanced phase; or

(b) it does not contain all the elements or suffers from other defects, at the same time as the request to remove the defects of the application addressed to the applicant shall be communicated to the building authority responsible for authorising the project, indicating by which defects the application suffers; the construction office shall immediately notify the person referred to in the first sentence that the project is not in a sufficiently advanced phase and shall justify such notification by the administrative authority responsible for issuing the single environmental opinion.

(3) If the construction of the selected trans-European transport infrastructure is not subject to an environmental impact assessment and the single environmental opinion is not to be included in the application for authorisation of that project, the person submitting the first related application,

(a) it shall also state in that request that the construction of the selected trans-European transport infrastructure is not subject to an environmental impact assessment and that the single environmental opinion will not be part of the application for authorisation of that project; and

(b) at the same time notify the building authority responsible for authorising the project that it has submitted the related application and submit to that building office the documentation for the project authorisation.

(4) Where the administrative authority responsible for conducting the procedure for the related application referred to in paragraph 3 concludes that the application has the required formalities and does not suffer from other defects, it shall immediately inform the construction office responsible for authorising the project accordingly. If neither the defects nor the documentation submitted for the authorisation of the project are present, the construction office shall immediately notify the person referred to in paragraph 3 that the project is in a sufficiently advanced phase. Where the administrative authority responsible for conducting the procedure for the related application referred to in paragraph 3 concludes that the application does not have the required formalities or suffers from other defects, it shall, at the same time as the request for removal addressed to the applicant, inform the construction office responsible for authorising the project, indicating the defects to which the application is suffering. If the related application referred to in paragraph 3 does not have the required requirements, if it suffers from other defects or if the documentation submitted for the authorisation of the project is defective, the construction office shall immediately inform the person referred to in paragraph 3 that the project is not in a sufficiently advanced phase and that notification shall justify the conclusion of the administrative authority responsible for conducting the related application procedure or its conclusion.

(5) If the construction of the selected trans-European transport infrastructure is not subject to an environmental impact assessment or decision on the related application and if the single environmental opinion is not part of the application for authorisation of that project, the construction office responsible for authorising the project immediately after assessing whether the application for authorisation of the project suffers from defects shall notify the applicant that:

(a) the project is in a sufficiently advanced phase, unless it is called upon to complete the application or remove the defects of the application; or

(b) the project is not in a sufficiently advanced phase, if it is called upon to complete the application or remove the defects of the application.

(6) The building authority responsible for authorising a project consisting of the construction of a selected trans-European transport infrastructure shall inform the superior administrative authority whether, in the case of a project which it has notified is in a sufficiently advanced phase, it has complied with at first instance all related applications and applications for authorisation of the project within a period of 4 years from the date of notification referred to in paragraph 1, the first sentence of paragraph 2 or paragraph 3 (b) or the date of application referred to in paragraph 5.

(7) Within the period of 4 years referred to in paragraph 6, the time delay caused by the person intending to build the selected trans-European transport infrastructure shall not be counted.

§ 5g

(1) The Ministry of Transport shall publish on its website:

(a) the designation of the construction authorities responsible for conducting the procedure for authorising the project consisting of the construction of the selected trans-European transport infrastructure and their competence under this part of the law;

(b) the names of the authorities concerned, in substance, responsible for making comments or a binding opinion, which are the basis for the authorisation of the project and of the administrative authorities responsible for conducting the procedures for the related applications;

(c) the details of the application for authorisation of a project consisting of the construction of a selected trans-European transport infrastructure, of the requests for comments or of the binding opinion underlying the project authorisation and of the related applications; and

(d) the time limits for the decision to be taken in the procedure for the authorisation of a project consisting of the construction of a selected trans-European transport infrastructure, for the issuance of observations or binding opinions which are the basis for the authorisation of the project and for the decision in the procedures for the related applications.

(2) Within 45 days of the request, the building authority responsible for authorising the project will provide the person intending to carry out the construction of the selected trans-European transport infrastructure with preliminary information under the construction law. In addition to preliminary information, to the extent required by this person, it shall also provide information on:

(a) particulars of the application for authorisation of the project;

(b) whether the statement or binding opinion is the basis for authorising the project;

(c) the particulars of the request for observations or a binding opinion which are the basis for authorising the project;

(d) the aspects under which an application for an opinion or a binding opinion based on a project authorisation will be examined and the assumptions under which the application can be granted;

(e) the necessity of submitting the related application;

(f) the particulars of the related application; or

(g) the aspects under which the related application will be assessed and the assumptions under which the application can be granted.

(3) The building authority responsible for authorising the project shall request prior information without delay upon receipt of the request

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Regulation Information

Citation	Act No. 465 / 2023 Coll., amending Act No. 416 / 2009 Coll., on Acceleration of Construction of Transport, Water, Energy and Electronic Communications Infrastructure (Line Act), as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	29.12.2023
Effective from	01.01.2024
Effective until	-
Status	Valid

Legal Areas: Transport Mining Forests, Forestry Civil law Civil law substantive Governance of the national economic sectors Administrative law Construction Environment

Parliamentary Paper: Paper No. 410

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Source: Hlídač státu (CC BY 3.0 CZ)

The regulation text is for informational purposes only.