Decree No. 468 / 2004 Coll.
Ordinance on Authorised Persons under the Nature and Landscape Conservation Act
Valid
Order
Effective from 13.08.2004
Text versions:
13.08.2004
468
DECLARATION
of 3 August 2004
on authorized persons under the Nature and Landscape Conservation Act
According to Section 45i (3) of Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by Act No. 218 / 2004 Coll., ("the Act '):
Subject matter
This decree regulates the scope of the required education, the content of the examination, the conditions for the extension of authorisation and the grounds for withdrawal of authorisation for carrying out the assessment under § 45i and the evaluation under § 67 of the Act.
Scope of required education
(1) The condition for obtaining authorisation for the purposes of assessment under § 45i of the Act is higher education obtained in an accredited Master's or Doctoral Study Program (1) in the field of natural sciences, focusing on professional biology, ecology, applied ecology, nature protection, conservation biology or environmental protection.
(2) In the field of natural sciences, agriculture and forestry with a focus on professional biology, ecology, applied ecology, nature conservation, conservation or environmental protection, the condition for obtaining authorisation for the purposes of biological evaluation under Section 67 of the Act is that higher education obtained in an accredited Master's or doctoral study programme (1).
Professional competence test
(1) Professional competence for the purposes of assessment under § 45i of the Act includes:
(a) knowledge of the law and related legislation, in particular national and European legislation on nature conservation and environmental impact assessment concerning the performance of authorised activity (2);
(b) knowledge of the requirements arising from the policy and law of the European Communities in the field of nature conservation and related areas;
(c) knowledge of the procedures for processing and content of documentation, acquired in the assessment process under Section 45i of the Act and specific legislation on environmental impact assessment (3);
(d) knowledge of the general ecology, landscape ecology, ecology and biology of wild plants and wildlife, in particular the species and habitat types covered by the protection provided for under (a) and (b);
(e) knowledge of the impact of human activities on habitats and the existential conditions of wild plants, wildlife and natural habitat types, in particular those subject to the protection provided for under (a) and (b);
(f) the ability to synthesise the collected data for the purpose of the assessment.
(2) Professional competence for the purposes of biological evaluation under Section 67 of the Act includes knowledge
(a) the law and related legislation relating to the performance of the authorised activity;
(b) general ecology, landscape ecology, ecology and biology of wild fauna and flora, in particular the species and habitat types covered by the protection provided for under (a);
(c) issues of the impact of human activities on habitats and the existence of wild plants, wildlife and natural habitat types, in particular those covered by the legislation (a).
(3) Application for a proficiency test shall be submitted by the applicant in writing to the Ministry of the Environment (hereinafter referred to as the Ministry). The details of the application are set out in Annex No 1 to this Order.
(1) The examination for the purposes of the assessment under Section 45i of the Act is divided into two parts. The first part shall consist of proof of the applicant's expertise in writing. Successful composition of the first part of the test is a prerequisite for the second part. The second part consists of the presentation by the applicant of a pre-processed case study on a fictitious or actual concept or project with the expected significant influence, either alone or in conjunction with other concepts or intentions, on a specific or model bird area or a European major location in the Czech Republic. The presentation must include the design of alternative solutions with an evaluation of their effects on this site and the defence of the optimal design of the solution in accordance with the regulatory requirements and the current level of knowledge of the issue. The award of a case study shall be delivered to the tenderer at least 30 days before the examination. The written summary of the case study shall be delivered by the candidate to the Ministry at least 7 days before the examination.
(2) The test for the purpose of biological evaluation under Section 67 of the Act is divided into two parts. The first part shall consist of proof of the applicant's expertise in writing. Successful composition of the first part of the test is a prerequisite for the second part. The second part is an oral interview with the candidate. The model of the certificate of proficiency test carried out in accordance with paragraphs 1 and 2 is set out in Annex 2.
Conditions for renewal
(1) The extension of authorisation shall be conditional upon the submission of a written request for an extension at least 6 months before the expiry of the existing authorisation. The details of the application are set out in Annex No 1 to this Order.
(2) The Ministry shall verify, within 60 days of receipt of the application, whether the applicant fulfils the conditions for authorisation laid down by the law (Section 45i (3) of the Act) and decide on its extension. If there has been a change in the facts relevant to the assessment of the competence of the authorised person in the period since prior authorisation has been granted, the Ministry shall order the examination of the competence of the applicant. The provisions on the proficiency test shall apply mutatis mutandis to the examination. If the applicant does not comply with any of the conditions laid down for authorisation, has failed to comply with the examination or one of the conditions for withdrawal is fulfilled, the Ministry shall reject the application for renewal.
Withdrawal of authorisation
The reasons for withdrawal of authorisation by the Ministry are as follows:
(a) authorisation has been issued on the basis of incorrect data;
(b) the authorised person ceases to comply with any of the conditions required for authorisation (§ 45i (3) of the Act);
(c) an authorised person seriously or repeatedly infringes legislation relating to the performance of his or her activities or does not carry out an assessment or evaluation in accordance with the purpose of the law; or
(d) the authorised person requests the withdrawal of the authorisation.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
RNDr. Ambrozek v. r.
Příloha č. 1
Annex No 1 to Decree No. 468 / 2004 Coll.
Forms of the application for a proficiency test and of the application for authorisation or extension
1. The application for a proficiency test and the application for or extension of authorisation shall contain:
(a) the name and surname, academic or other title, the address of the place of permanent residence or, where applicable, residence;
(b) details of the education achieved, indicating the study programme completed and the field of study, including its focus;
(c) date and signature.
2. The application shall be accompanied by:
(a) an officially certified copy of the proof of higher education;
(b) an extract from the record of the Register of Penalties not more than 3 months old, or, where appropriate, similar registers of States in which the applicant has remained continuously for more than 3 months over the last three years. The extract shall not be more than 3 months old. The recognition of a proof of integrity issued by a competent authority of another Member State of the European Union shall be governed by a separate law (4),
(c) evidence of practice in nature conservation.
3. The application for authorisation shall be accompanied by a certificate of successfully completed proficiency test.
4. In the application for renewal of authorisation, the applicant shall indicate the number of the authorisation decision and accompany the application
(a) a summary of the assessment or evaluation carried out until the application for renewal of authorisation has been submitted;
(b) an extract from the Register of Penalties, mutatis mutandis, as referred to in point 2 (b).
Příloha č. 2
Annex No 2 to Decree No 468 / 2004 Coll.
1) Sections 46 and 47 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended by Act No. 147 / 2001 Coll.
2) Council Directive 79 / 409 / EEC on the conservation of wild birds, Council Directive 92 / 43 / EEC on the conservation of natural habitats and of wild fauna and flora, Directive 2001 / 42 / EC of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment, Council Directive 85 / 337 / EEC on the assessment of the effects of certain public and private projects on the environment, Council Directive 97 / 11 / EC amending Council Directive 85 / 337 / EEC on the assessment of the effects of certain public and private projects on the environment.
3) Act No. 100 / 2001 Coll., on Environmental Impact Assessment and the amendment of certain related laws (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll.
4) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended by Act No. 96 / 2004 Coll.
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Regulation Information
| Citation | Decree No. 468 / 2004 Coll., on Authorised Persons under the Act on Nature and Landscape Conservation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.08.2004 |
|---|---|
| Effective from | 13.08.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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