Act No. 48 / 1959 Coll.
Law on the Protection of the Agricultural Soil Fund
Valid
Effective from 24.07.1959
48
Law
of 9 July 1959
on the protection of the agricultural land fund
The National Assembly of the Czechoslovak Republic decided on the following Act:
Purpose of the law
Agricultural land is an irreplaceable basic means of production of agricultural production. Therefore, agricultural land, in particular arable land under the provisions of this law, should be protected as an agricultural land fund and should be provided for its expansion and improvement.
Agricultural Soil Fund
(1) The agricultural land is part of the agricultural land fund and the land which has been and is to continue to be cultivated but is not temporarily cultivated.
(2) Land under the agricultural land fund may be declared as part of a land for which there is a nationwide justification for agricultural management, in particular land which has been arbitrarily withdrawn from agricultural production prior to the application of this law and land which does not serve agricultural production directly but which is indispensable for agricultural production.
Determination of the agricultural land fund
The management authority of the District National Committee shall decide in doubt that Article 2 (1) is part of the agricultural land fund. It is also for him to declare the land under Paragraph 2 (2) as part of the agricultural land fund.
Expansion of the agricultural land fund and its use for agricultural production
(1) The management bodies of the district national committees, in cooperation with the management authorities of the local national committees, shall, where appropriate, identify in the municipalities the parcels which should be declared as part of the agricultural land fund (Section 2 (2)).
(2) Land forming part of the agricultural land fund must be used as efficiently as possible for agricultural production, in particular to ensure proper management of arable land.
(1) The management bodies of the local national committees identify in the municipalities agricultural land which is appropriate to be transformed into arable land, discuss transformations with landowners (users) and may, where justified, impose land conversion on them; the conversion shall normally be imposed if it is found that, without the agreement of the competent authorities, the land was originally converted into other agricultural land or has been withdrawn from agricultural production.
(2) The Executive Authorities of the District National Committees may reserve the decision to impose land conversion pursuant to paragraph 1.
Overview of the agricultural land fund
(1) The management bodies of the local national committees shall, within the framework of the single land register, give a proper overview of the agricultural land fund in the municipality, by sector, owners (users), areas and cultures, and indicate any changes therein and maintain it in line with the actual situation.
(2) The owners (users) of the land forming the agricultural land fund are required to report any change in ownership, user and land use to the management authority of the local national committee without delay. The management authority of the local national committee shall, before indicating a change in the inventory of the agricultural land fund, examine the accuracy and justification of the changes reported, in particular to ensure that changes requiring approval have been authorised by the competent authorities.
(3) The management bodies of the district national committees are constantly overseeing the proper management of the survey on the agricultural land fund in municipalities, in particular to keep the survey in line with the real situation.
(4) The single land register rules are without prejudice to the provisions on keeping an overview of the agricultural land fund.
Protection and adaptation of the agricultural land fund
(1) Agricultural parcels must be managed in such a way that the agricultural land fund is not reduced or deteriorated, but that soil fertility increases. In the case of offshore land, ploughing, cultivation, sowing (seeding) shall be carried out on plantations, areas threatened by water and wind erosion, anti-erosion rotational practices shall be used, protective seedling and anti-deflationary zones established, cultures deployed so that cultures more erosion-resistant effectively alternate with less resistant cultures, free grazing and other appropriate measures under natural conditions shall be applied.
(2) The Executive Authority of the District National Committee may, after hearing the Executive Authority of the Local National Committee, impose on the owners (users) of the land which measures are required to be implemented; it may determine the scope of such measures and how they are implemented.
Protection of the agricultural land fund from its withdrawal of agricultural production
(1) The Agricultural Soil Fund is intended for agricultural production and no part of it may be withdrawn unless it has been excluded from the Agricultural Soil Fund under the provisions of this Law.
(2) In order to ensure the protection of the agricultural land fund in a timely manner, the construction and territorial plans must already be brought into line with the agricultural production plans and the protection of the agricultural land fund.
(3) If agricultural land is to be withdrawn, care should be taken to ensure that:
(a) agricultural land of poor quality has been used in the first place and, in particular, arable land has been protected if non-agricultural land cannot be used in construction;
(b) the smallest possible area is removed from the agricultural land fund;
(c) the location of the construction was, as far as possible, in accordance with the interests of agricultural production;
(d) after completion of the construction, a terrain treatment has been carried out without delay so that the land concerned during the construction is eligible for further cultivation.
(4) When discussing investment tasks, but not later than when territorial decisions are taken, a decision must be taken to exclude land from the agricultural land fund. Decisions shall be taken jointly if the set-aside from the agricultural land fund has not been decided in advance. In deciding on the location of overhead and groundwater lines, account must be taken in particular of making it least difficult to manage the agricultural land fund.
Protection of the agricultural land fund in the operation of industrial enterprises, in particular mining and the construction of roads and water works
In order to avoid damage to the agricultural land fund by the operation of industrial, in particular mining undertakings, or to minimise damage, undertakings shall:
(a) at the same time as the mining generel, develop generels to cover the effects of mining on the surface and reclamation of the land concerned;
(b) hide separately the upper cultural layer of the soil and, where appropriate, the further-stored soil-capable land on the entire operation of the area concerned, take care of their economical use or proper storage for the purpose of reclamation, or ensure that they are transported to areas designated by the management authority of the district national committee;
(c) to store waste materials in harvested areas of own or neighbouring plants and, if not technically possible or economically justified, to deposit them primarily on areas of infertile or soil of a lower quality which have been excluded from the agricultural land fund,
(d) make appropriate land-use adjustments already during operation by the operation concerned in such a way that they are prepared for reclamation by the shape, soil storage and water conditions and meet the needs of agricultural and, where appropriate, other economic use;
(e) to carry out a continuous reclamation of damaged parcels intended for re-use in such a way that a soil environment is created through the fertilisation process that would allow the land to be reclamated for agricultural production (i.e. to create land with average fertility);
(f) upon cessation of operation, complete the land-use modifications without delay for the purpose of reclamation and submit the plan for such modifications to the management authority of the district national committee for approval.
In the construction of roads, railways, overhead and underground lines, water works and installations, the investor must take measures to ensure that the existing network of drainage and irrigation facilities continues to fulfil its purpose and ensure that the measures taken pursuant to § 7 are protected; such measures must also be ensured in the implementation of the economic adjustment of land.
Protection of the agricultural land fund in geological and hydrological surveys and in the construction of overhead and underground lines
In geological and hydrological surveys and in the construction of overhead and groundwater lines on parts of the agricultural land fund, operators of the following works shall be required:
(a) to notify the management authority of the District National Committee and the management authorities of the local national committees in due time for the implementation of the work;
(b) to limit the work on land to a period of serenity where possible;
(c) carry out work in such a way as to minimise damage to cultures and the agricultural land fund;
(d) hide the ornice separately before the work begins and place the land in its original state after they have ceased.
Exclusion of parts of the agricultural land fund and the implementation of changes to the crops within the fund
(1) The executive authorities of the district national committees shall decide on the authorisation for the agricultural land to be excluded from the agricultural land fund after hearing the executive bodies of the local national committees. The Executive Authorities of the Regional National Committees may reserve a decision if they agree on more serious interventions in the agricultural land fund which significantly undermine agricultural production or if they agree on the exclusion of a more substantial area of agricultural land.
(2) The executive body, determining in accordance with paragraph 1, shall take into account in particular the political and economic justification for the exclusion of parts of the agricultural land fund, the estimation of the losses on agricultural production resulting from this exclusion, as well as whether the appropriate and effective concentration of buildings has been carried out, the use of existing sites and breakdowns, and fragmented construction, in particular the individual construction of housing and the construction of common facilities for single agricultural cooperatives and public goods; it shall, where appropriate, require applicants to exempt part of the agricultural land fund to submit a justification for the intended exemption and an estimate of the losses on agricultural production.
(3) The conversion of arable land into land otherwise cultivated without the approval of the Executive Authority of the District National Committee is prohibited; This also applies to the afforestation of agricultural land and to its use to set up ponds and to set up orchards and gardens.
Conditions for exemption from the agricultural land fund
When deciding on the exemption from the agricultural land fund, the competent management authority of the national committee shall require the applicant for exemption from the agricultural land fund to implement measures to protect the agricultural land fund and agricultural production, while ensuring the economy and effectiveness of such measures; In particular, it shall require the applicant, where appropriate, to take care of the agricultural use of the land, if possible until its actual use for other purposes, to notify the soil user in due time of the start of the construction work and to carry out, on its own expense, a stash of the cultural layer of the land and its removal to the site of its economic use.
Final provisions
The Government shall provide for measures to prevent, reduce, where appropriate, the damage caused on agricultural land and agricultural production by smoke, ash, dust and other solid and gaseous harmful products which escape the operation of industrial enterprises.
The Ministry of Agriculture shall, in agreement with the central authorities involved, issue regulations for the implementation of this Act; These provisions may also provide for the protection of the soil of fertilisation capable, stored beneath the surface, which by mining or other activity will come to the surface.
(1) They are repealed.
Government Regulation No. 55 / 1951 Coll., on the extension of arable land area and land security for agricultural production,
the provisions of § 32 (2) and § 52 (1) of Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (Mining Act) when they regulate the reclamation of agricultural land.
(2) The provisions of Act No. 43 / 1955 Coll., on Czechoslovak spas and springs, and the provisions of Section 7 of the statutory measure of the Bureau of the National Assembly No. 61 / 1956 Coll., on the extraction of peat, remain unaffected.
This Law shall take effect from the date of its publication; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Strougal v. r.
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Regulation Information
| Citation | Act No. 48 / 1959 Coll., on the Protection of the Agricultural Soil Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.07.1959 |
|---|---|
| Effective from | 24.07.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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