Full text of Act No. 49 / 2010 Coll.
Full text of Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as resulting from subsequent amendments
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Contents
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49
PRESIDENT OF THE GOVERNMENT
Announces
the full text of Act No. 100 / 2001 Coll., on Environmental Impact Assessment and the amendment of certain related laws (Act on Environmental Impact Assessment), as follows from the amendments made by Act No. 93 / 2004 Coll., Act No. 163 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 216 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll. and Act No. 436 / 2009 Coll.
THE LAW
on environmental impact assessment
Parliament has decided on this law of the Czech Republic:
ASSESSMENT OF ENVIRONMENTAL AMOUNTS
ASSESSMENT OF ENVIRONMENTAL AMOUNTS IN THE CZECH REPUBLIC
Preliminary provisions
Subject matter
(1) The Act, in accordance with the law of the European Communities (1), regulates the assessment of environmental and public health effects (hereinafter referred to as "environmental impact assessment") and the practice of natural persons, legal persons, administrative offices and local authorities (municipalities and regions) in this assessment.
(2) Environmental impact assessments are subject to defined objectives and concepts in this law, the implementation of which could significantly affect the environment.
(3) The purpose of the environmental impact assessment is to obtain an objective expert basis for the decision or, where appropriate, measures under specific legislation1a), thereby contributing to the sustainable development of the society1b). This background is one of the elements in the procedures under specific legislation1a).
Scope of assessment
Effects on public health and environmental effects, including impacts on animals and plants, ecosystems, soil, rock environment, water, air, climate and landscape, natural resources, tangible property and cultural monuments, as defined by specific legislation2), and their interaction and links, shall be assessed.
Basic concepts
For the purposes of this Act:
(a) the purpose of the construction, activity and technology listed in Annex 1 to this Act;
(b) the concept of a strategy, policy, plan or programme prepared or awarded by a public authority and subsequently by a public authority approved or submitted for approval;
(c) the territory of the territory concerned whose environment and population could be seriously affected by the implementation of the project or concept;
(d) the whole territorial unit of the territory concerned, the administrative district of which at least partly consists of the territory concerned,
(e) the administrative authority concerned, an administrative authority which defends interests protected by specific legislation2), whose administrative district at least partly consists of the territory concerned, and a Czech environmental inspection,
(f) by the competent authority of the Ministry of the Environment (§ 21) or by the authority of the Region in whose territorial administrative district the project is designed or for whose territorial administrative district the concept is being processed (§ 22).
Assessment of environmental effects of the project
Subject matter of environmental impact assessment
(1) The subject of assessment under this Act is:
(a) the projects listed in Annex 1 to this Act of Category I and the changes to those projects, provided that the change in the project's own capacity or scope reaches the relevant limit value, if specified; such projects and changes to projects are always subject to assessment;
(b) changes to the project referred to in Annex 1 to this Act of Category I where its capacity and scope are to be significantly increased or where its technology, traffic management or use is significantly changed and the changes referred to in point (a) are not concerned; such changes to projects shall be subject to assessment where provided for in the survey procedure;
(c) the projects listed in Annex 1 to this Act of Category II and the changes to those projects where the change in the project has its own capacity or scope reaches the relevant limit value, if indicated, or if its capacity and scope are to be significantly increased or if its technology, traffic management or use is significantly changed; such projects and changes to projects shall be subject to assessment where provided for in the survey procedure;
(d) the projects listed in Annex 1 to this Act which do not reach the relevant limit values, where they are mentioned (hereinafter referred to as the "sub-limited intention") and the competent authority shall provide that they shall be subject to a survey procedure; such projects shall be subject to assessment where provided for in the survey procedure;
(e) structures, activities and technologies which, according to the opinion of the nature conservation authority issued under the Special Legislation (2a), may, individually or in conjunction with others, have a significant impact on the territory of a European site or bird area; Such structures, activities and technologies shall be subject to assessment where provided for in the survey procedure.
(2) Furthermore, the subject of the assessment under this Act is not the intention, or part thereof, decided by the Government in the event of an emergency, a state of threat and a state of war (3), for urgent reasons of defence or the execution of international treaties by which the Czech Republic is bound, and where the intention serves to avert immediate consequences or to mitigate an unforeseen event which could seriously harm the health, safety, property of the population or the environment. Thus, the projects which are subject to an environmental impact assessment across the borders of the Czech Republic under § 11 cannot be determined. For a project excluded under the first sentence of this paragraph, the government shall:
(a) inform the public accordingly, in accordance with Article 16, of this Decision, together with the reasons for the decision;
(b) consider the possibility of another assessment of its impact on the environment with public participation and inform the public of the results of that assessment in accordance with Article 16;
(c) inform the European Commission of the grounds of exclusion referred to in the first sentence of this paragraph and provide it with the information published in the framework of a possible assessment referred to in point (b) before the decision or measure has been taken, as the case may be.
Method of assessing the environmental effects of the project
(1) The assessment shall include the identification, description, assessment and evaluation of the expected direct and indirect effects of the implementation and the non-implementation of the project.
(2) The environmental impact assessment shall be based on the state of the environment in the territory concerned at the time of notification of the project. In the long term, its stages are assessed separately and in the context of the effects of the project as a whole.
(3) When assessing the project, environmental effects shall be assessed in the preparation, implementation, operation and termination of the project and, where appropriate, the consequences of its liquidation and of the rehabilitation or reclamation of the territory, provided that the obligation of rehabilitation or reclamation is laid down in a separate legislative act (1a). The normal operation and the possibility of an accident (4) shall be assessed.
(4) The assessment of the project shall also include a proposal for measures to prevent adverse effects on the environment by implementing the project, to exclude, reduce, mitigate or minimise these effects, or, where appropriate, to increase the beneficial effects on the environment by implementing the project, including an assessment of the expected effects of the proposed measures.
Notification
(1) Whoever intends to implement the project (hereinafter referred to as the notifier) is obliged to submit a notification of the project (hereinafter referred to as the notification) to the competent authority. Where the project is proposed in several regions, the notifier shall send a notification to the Ministry of the Environment (hereinafter referred to as the Ministry). In this case, the Ministry shall decide which regional authority is competent to carry out the assessment and shall immediately forward it a notice for further proceedings.
(2) In the case of a sub-limited project, the notifier shall submit its notification in writing in one copy or an electronic data message bearing the guaranteed electronic signature (4a). The details of the notification of a sub-limited project are set out in Annex 3a to this Act.
(3) The competent authority shall inform the notifier within 15 days, on the basis of the notification of a sub-limitation project and taking into account the principles set out in Annex 2 to this Law, whether the sub-limit project will be subject to the investigation procedure and publish it on the Internet.
(4) The notifier shall submit the notification of the intention in writing and on the technical medium of the data, if necessary by e-mail (hereinafter referred to as "electronic format '), in the number of copies provided for in the agreement with the competent authority. The formalities for notification of a project pursuant to Article 4 (1) (a), (b), (c) and (e) are set out in Annex 3 to this Act. In the case of a project which is subject to an assessment under Annex 1 to this Act, the notifier must always state the outline of the main options studied and the underlying reasons for its choice in view of the environmental impact.
(5) The notifier may submit a notification with the content and scope referred to in Annex 4 to this Act, in the number of copies provided for in an agreement with the competent authority. In the case of projects and changes to projects referred to in Article 4 (1) (a), (b) and (c), the notifier may submit, instead of the notification, the environmental impact documentation (hereinafter referred to as the "dossier ') referred to in Annex 4 to this Act; in this case, further progress shall be made in accordance with Section 8. For projects which are subject to environmental impact assessment beyond the Czech Republic pursuant to § 11, the notification shall always be submitted.
(6) Where the notification complies with the requirements referred to in paragraph 4 or paragraph 5, first sentence, the competent authority shall, within 7 working days of receipt of the notification, ensure that the notification referred to in paragraph 16 is made public and at least the text part of the notification is published on the Internet. The competent authority shall, within the same period, send a copy of the notification requesting observations to the administrative authorities concerned and to the local authorities concerned. The Delegated Authority (hereinafter referred to as the "Regional Authority ') shall send a copy of the notification to the Ministry within the same time limit.
(7) Any person may submit his written observations on the notification to the competent authority within 20 days of the date of publication of the notification. Comments sent after the deadline by the competent authority need not be taken into account.
Detection procedure
(1) The purpose of the investigation procedure is to specify the information which should be included in the dossier, taking into account:
(a) the nature of a particular project or type of project;
(b) environmental factors referred to in Article 2 which may be affected by the implementation of the project;
(c) the current state of knowledge and assessment methods.
In the case of the projects and changes to the projects referred to in Article 4 (1) (b), (c), (d) and (e), the purpose of the investigation procedure shall also be to establish whether the intention or change of the project has a significant impact on the environment, or whether the intention, alone or in conjunction with others, can have a significant impact on the territory of a European site or bird area and whether it will be assessed under this law.
(2) The investigation procedure shall be initiated on the basis of a notification and shall be carried out in accordance with the principles (criteria) set out in Annex 2 to this Law. In determining whether a project or change of intention has significant environmental effects, the competent authority shall always take into account:
(a) the nature and extent of the project and its location;
(b) the circumstances in which the intention or change of intention by capacity reaches the relevant limit values set out in Annex 1 to this Act of Category II;
(c) the comments received by the public, the administrative authorities concerned and the local authorities concerned.
(3) The investigation procedure shall be terminated by the competent authority within 30 days of the date of publication of the notification information referred to in Article 16. The competent authority shall, upon completion of the investigation procedure, forward its reasoned written conclusion to the notifier without delay and publish it in accordance with Article 16.
(4) Where a notification with the particulars referred to in Annex 4 has been submitted and no reasoned disagreement has been received by the competent authority, the competent authority may, in conclusion in accordance with paragraph 3, provide that the dossier is not to be processed and the notification shall be considered as a dossier. Otherwise, on the basis of the observations referred to in the previous sentence, the competent authority shall specify in its conclusion in accordance with paragraph 3 how the notification needs to be completed in order to replace the documentation.
(5) In conclusion, in accordance with paragraph 3, the competent authority may propose the processing of variants of the design solution which, as a general rule, differ from location, capacity, technology used or the moment of implementation, provided that their implementation is demonstrably effective and technically feasible.
Documentation
(1) If the procedure referred to in Article 6 (5) is not followed, the notifier shall ensure, on the basis of the notification, the statement on the notification referred to in Article 6 (7) and the conclusion of the investigation procedure referred to in Article 7, that the documentation is processed in writing in the number of copies provided for in the agreement with the competent authority and in electronic form. In justified cases, in particular for technical and economic reasons, the competent authority may waive the electronic form of map, image and, where appropriate, graphic annexes to the dossier. The documentation requirements are set out in Annex 4 to this Act.
(2) Where the competent authority concludes that the dossier does not contain the particulars referred to in this Act, it shall return it within 10 working days of its receipt to the notifier; otherwise, within the same time limit, it shall send it to the administrative authorities and the local authorities concerned for comments and shall ensure that information on the documentation referred to in Article 16 is made public and shall at least publish on the Internet the text part of the dossier. The competent authority shall, without undue delay, deliver to the processor an opinion on the effects of the project on the environment ("the assessment ').
(3) Any person may comment on the dossier with the competent authority in writing within 30 days of the publication of the dossier information. Comments sent after the deadline need not be taken into account by the Authority.
(4) The competent authority shall deliver the observations received without delay upon receipt to the processor an opinion.
(5) The competent authority may, on the basis of the comments received on the dossier or on the basis of a recommendation from the processor, return the report to the notifier for revision or addition within 40 days of the date on which the project documentation was delivered to the processor.
(6) In the event of the recovery of the documentation referred to in paragraph 5, the completed or revised dossier shall be treated in accordance with paragraph 2. The competent authority shall, without delay, forward an opinion to the processor, supplemented or revised. The completion of the documentation may be sent for comments to the administrative authorities concerned and to the local authorities concerned and published in accordance with Section 16 at the same time as the assessment.
Judgement
(1) The competent authority shall ensure the processing of the opinion by a person authorised to do so under Paragraph 19 (hereinafter referred to as "the processor ').
(2) The processor shall prepare the opinion on the basis of the documentation and, where appropriate, the notification and any comments submitted thereon. The elements of the assessment are set out in Annex 5 to this Act.
(3) The time period for processing the report must not exceed 60 days from the date on which the dossier, including any comments received, was delivered to the processor. This period may be exceeded in justified cases, particularly complex cases, but no more than a further 30 days.
(4) Where the processor requests partial documentation to verify the environmental performance data from other experts, he shall be obliged to state that fact in the opinion. Anyone who has participated in the processing of a notification or documentation may not participate in the processing of an opinion in part.
(5) The opinion processor shall not revise or supplement the documentation under consideration.
(6) The notifier shall, at his own expense, provide the processor with an opinion on the supporting documents used for the processing of the dossier and other information necessary for the processing of the report within 5 working days of the date on which the processor's request was received.
(7) The expert shall send the opinion to the competent authority in the agreed number, time and form. Where the assessment complies with the requirements laid down in paragraph 2, the competent authority shall send it to the notifier, the administrative authorities concerned and the authorities concerned within 10 working days of its receipt. Within the same period, it shall publish an opinion on the Internet and shall ensure that information on the assessment of the project is published in accordance with Article 16. If the opinion does not comply with the requirements of this Act, the competent authority shall return it within 10 working days of the date of receipt to the processor of the opinion to supplement or revise it.
(8) Each party shall be entitled to submit written observations to the competent authority within 30 days of the date of publication of the information on it or, where appropriate, in a public consultation in accordance with paragraph 9. Comments sent after the expiry of this period need not be taken into account by the competent authority in the next procedure.
(9) The competent authority may waive the public consultation of the documentation and the opinion referred to in Article 17 unless it has received a reasoned disagreement on the dossier.
(10) The processor shall prepare the opinion in writing on the opinion received and on the basis of the public consultation and, where appropriate, amend the draft opinion. Such settlement shall be transmitted to the competent authority, together with the draft opinion, within 10 days of the expiry of the period referred to in paragraph 8.
Opinion on the environmental impact assessment
(1) The competent authority shall, on the basis of the documentation and, where appropriate, the notification, assessment and public consultation referred to in Article 9 (9), and the comments made on them, issue an opinion on the impact of the implementation of the project on the environment (hereinafter referred to as "the opinion ') within 30 days of the expiry of the deadline for the opinion. The elements of the opinion are set out in Annex 6 to this Act.
(2) The competent authority shall send an opinion to the notifier, the administrative authorities concerned and the authorities concerned within 7 working days of its issue. It shall publish an opinion on the Internet within the same time limit and ensure its publication in accordance with Article 16.
(3) The opinion is an expert basis for the adoption of a decision or measure under specific legislation1a). The opinion shall be submitted by the notifier as one of the supporting documents for the follow-up procedure or procedure provided for in those rules. The validity of the opinion shall be 5 years from the date of its issue. The validity may be extended by 5 years at the request of the notifier, even repeatedly if the notifier demonstrates in writing that there have been no significant changes in the implementation of the project, the conditions in the territory concerned, the new knowledge related to the material content of the dossier and the development of new technologies available in the project. This period shall be suspended if a follow-up procedure has been initiated under specific legislation1a).
(4) The Administrative Office which issues decisions or measures under specific legislation1a (hereinafter referred to as the "Decision") shall publish an application for the adoption of this Decision at least on the Internet. It shall always take account of the content of the opinion when deciding. Without an opinion, the decision or measure necessary to implement the project may not be taken in any administrative or other procedure or in any other procedure under specific legislation1a). In such procedures and procedures, the competent authority shall be the administrative authority concerned. In its decision, the Administrative Office shall always take account of the content of the opinion. Where specific environmental requirements are mentioned in the opinion, they shall be included in its decision; otherwise it shall state the reasons for which it did not do so or did so only partially. The decision shall always state the reasons.
(5) In the event that the project referred to in Annex 1, Category II and the change in the project referred to in Article 4 (1) are not assessed under this Act, the provisions of paragraph 4 shall apply mutatis mutandis to the conclusion of the investigation procedure.
Assessment of the environmental effects of the concept
Environmental Impact Assessment Subject
(1) The subject of the environmental impact assessment (hereinafter "the assessment of the concept ') under this Act is:
(a) concepts establishing a framework for the future authorisation of the projects listed in Annex 1, processed in the fields of agriculture, forestry, hunting, fishing, the management of surface or groundwater, energy, industry, transport, waste management, telecommunications, tourism, urban planning, regional development and the environment, including nature conservation, concepts for which the need for their assessment, taking into account the potential impact on the environment, results from specific legislation, as well as the concept of co-financed by the funds of the European Communities; such concepts shall be subject to assessment whenever the territory concerned consists of more than one municipality;
(b) the concept referred to in (a) in which the territory concerned consists of only one municipality, where provided for in the survey procedure referred to in Article 10d;
(c) changes in the concepts referred to in points (a) and (b) where provided for in the examination procedure referred to in Article 10d.
(2) The subject of assessment under this Act is not
(a) concepts processed only for defence purposes of the State;
(b) concepts processed in the event of incidents involving serious and immediate threats to the environment, health, safety or property of persons (4e);
(c) financial and budgetary concepts.
Method of assessing environmental effects of the concept
(1) The assessment of the concept involves the identification, description and assessment of the expected direct and indirect effects of the implementation as well as the failure to implement the concept and its objectives for the entire period of its intended implementation.
(2) The assessment of the concept shall be based on the state of the environment in the territory concerned at the time of the submission of the communication on the processing of the concept (hereinafter referred to as "the notification of the concept '), taking into account the effects of other concepts or projects which will be carried out before or during the implementation of the concept, or where appropriate the implementation of which is intended.
(3) In assessing the concept under this Act, data from a different assessment may be used if they correspond to data under this Act.
(4) When assessing the concept, measures shall be proposed and assessed to prevent adverse effects on the environment and public health, to eliminate, reduce, mitigate or compensate for these effects, and, where appropriate, to increase the positive effects on the environment and public health by implementing the concept, including an assessment of the expected effectiveness of the proposed measures. If the concept is solved in variants, the assessment under this law must be carried out for all variants.
Concept notification
(1) Those who submit an initiative to process the concept (hereinafter referred to as "the promoter") are obliged to submit a notification of the concept to the competent authority in paper and electronic form. Annex 7 to this Act provides for the details of the notification of the concept.
(2) Where the notification of a concept complies with the requirements referred to in paragraph 1, the competent authority shall, within 10 days of its receipt, send a copy of that notification to the authorities concerned and to the local authorities concerned. It shall publish the notification on the Internet within the same time limit and ensure that information on the notification referred to in Article 16 is published. The regional authority shall send a copy of the notification to the Ministry within the same time limit.
(3) Any person may send his written observations on the notification of the concept to the competent authority within 20 days of the date of its publication. The comments sent after the deadline shall not be taken into account by the competent authority.
Detection procedure
(1) The purpose of the investigation procedure is to specify the content and extent of the assessment of the environmental and public health effects of the concept (hereinafter referred to as "the evaluation"). For the concept referred to in § 10a (1) (b) and (c), the purpose of the investigation procedure is also to determine whether the concept or change of concept will be assessed under this law.
(2) The competent authority shall carry out the investigation procedure on the basis of the notification, the observations received and the criteria set out in Annex 8 to this Law and shall terminate it no later than 35 days after the date of publication of the notification of the concept by a written conclusion of the investigation procedure.
(3) Where the concept is subject to an assessment under this law, the competent authority shall, at the end of the investigation procedure:
(a) the content and scope of the evaluation, including the requirement for processing, taking into account the following variants of the concept;
(b) the number of copies to be transmitted to the competent authority of the draft concept.
(4) At the end of the investigation procedure, the competent authority shall further propose the process of assessing the concept, including the conduct of public consultation.
(5) Where the concept referred to in paragraph 3 is not concerned, the competent authority shall, at the end of the investigation procedure, state the reasons for which assessment under this law is not required.
(6) The competent authority shall immediately send the conclusion of the investigation procedure to the petitioner, the administrative authorities concerned and the local authorities concerned and shall publish it in accordance with Article 16.
Progress of environmental impact assessment
(1) The applicant shall, within 30 days of the date of receipt of the conclusion of the investigation procedure, provide the person authorised to process the evaluation pursuant to Article 19 (hereinafter referred to as the "assessor ') and inform the competent authority which shall immediately publish this information on the Internet.
(2) The promoter is obliged to cooperate with the assessor in the processing of the evaluation, in particular to transmit observations received during the processing of the design.
(3) The full and objective processing of the evaluation shall be the responsibility of the assessor. The evaluation requirements are set out in Annex 9 to this Act.
(4) The assessor shall be entitled to request the information necessary for the processing of the evaluation with the promoter, the competent authority, the administrative authorities concerned and the local authorities concerned and they shall provide the information to the extent necessary. Information may be refused only under conditions laid down in specific legislation4c).
Design of the concept
(1) The applicant shall submit to the competent authority a draft concept in paper and electronic form. An integral part of the design of the concept is the evaluation processed by the assessor.
(2) Where the evaluation contains the elements referred to in Annex 9, the competent authority shall send the draft concept to the authorities concerned and to the local authorities concerned within 10 days of its receipt. It shall publish the draft concept on the Internet within the same time limit and shall ensure that information on the draft concept is published in accordance with Article 16. If the evaluation does not contain the particulars referred to in Annex 9, it shall be returned by the competent authority for completion.
(3) The promoter shall publish information on the place and time of public discussion of the draft concept on his official record, on the Internet and at least one more in the territory concerned in the usual manner (for example in the press, etc.), at least 10 days before it is held. At the same time, it shall inform the competent authority of the place and time of such public consultation.
(4) The public consultation of the draft concept may not take place until 30 days after the date of submission of the draft concept to the competent authority. The petitioner shall send the minutes of the public consultation to the competent authority no later than 5 days after the date of public consultation of the draft concept and publish it on the Internet.
(5) Any person may send his written observations on the draft concept to the competent authority no later than 5 days after the date of public consultation of the draft concept. Within the same period, the petitioner may send his written observations on the evaluation to the competent authority. The comments sent after the deadline shall not be taken into account by the competent authority.
(6) Paragraph 17 (1) to (6) shall not apply to public discussion of the draft concept.
Opinion on the draft concept
(1) The competent authority shall, on the basis of the draft concept, the observations submitted and the public consultation, issue an opinion on the impact of the implementation of the concept on the environment and public health (hereinafter referred to as "the opinion on the concept ') within 30 days of receipt of the minutes of the public consultation of the draft concept.
(2) In its opinion, the competent authority may object to the design of the concept in view of the potential negative effects on the environment and public health and may propose supplementing it, or propose compensatory measures and measures to monitor the effects of the implementation of the concept on the environment and public health.
(3) The competent authority shall send an opinion on the concept immediately after its publication to the petitioner, the administrative authorities concerned and the local authorities concerned and shall publish it in accordance with Article 16.
(4) Without an opinion on the concept, the concept cannot be approved. The authorising authority shall take into account the requirements and conditions resulting from the opinion on the concept, where that opinion contains the requirements and conditions and is not included in the concept or are only partially included, the authorising authority shall justify its procedure.
(5) The authorising authority is required to publish the approved concept, the justification referred to in paragraph 4 and the arrangements for ensuring the monitoring and analysis of the environmental and public health effects of the concept in accordance with Article 10h. Such publication shall be subject to the obligation to inform the competent authority, the administrative authorities concerned and the local authorities concerned within 7 working days.
Monitoring and analysis of the environmental and public health effects of the concept
(1) The promoter shall ensure the monitoring and analysis of the effects of the approved concept on the environment and public health. Where it finds that the implementation of the concept has unforeseen serious negative effects on the environment or public health, it shall ensure that measures are taken to avert or mitigate such effects, inform the competent authority and the administrative authorities concerned thereof, at the same time deciding to amend the concept.
(2) Within the scope of their competence under specific legislation2), the administrative authorities concerned shall monitor the effects of an approved concept on the environment and public health and are entitled to initiate a change of concept, unless it is possible in an agreement with the authorising authority to avert or mitigate the unforeseen serious negative effects referred to in paragraph 1.
Specific provisions for assessing the environmental impact of the territorial development policy and the planning documentation
(1) The assessment of the environmental effects of the territorial development policy and planning documentation shall be carried out in accordance with the Construction Act (4b) and, to the extent provided for in paragraphs 2 to 5; the promoter shall be the buyer of the territorial development policy and planning documentation.
(2) The regulatory plan setting out the conditions for the implementation of the project under Annex 1 to this Act is considered to be an intention under Part 2 of this Act.
(3) The Ministry and Authority of the Region, as the authorities concerned within the meaning of the Building Act, shall lay down requirements for the content and scope of environmental impact assessments, including the processing of possible alternatives to the solution, and, if the environmental impact assessment does not contain the requirements of the Building Act (4d), they shall be entitled to require its completion. When establishing a zoning plan, the county authority shall, on the basis of the criteria set out in Annex 8 to this Act, establish as the body concerned, within the meaning of the construction law, a requirement for the environmental impact assessment to be processed.
(4) Only a person authorised to do so under Paragraph 19 may be the processor of the environmental impact assessment.
(5) The authorising authority is required in its resolution on the approval of the territorial development policy and the planning documentation to justify how it took into account the conditions resulting from the opinion on environmental impact assessments. This resolution shall be published.
Specific provisions for the assessment of the environmental effects of the concept when the concept is processed by the central administration
(1) Assessment of the environmental effects of the concept, which is processed by the Central Administrative Office under a special law and which is submitted to the Government for approval, is provided by the Ministry.
(2) The Central Administrative Office shall ensure that the draft concept is evaluated by the assessor in accordance with Section 19 and published the draft concept on the Internet, including information on when and where it can be consulted. The assessment requirements are set out in Annex 9.
(3) Any person may send his written observations on the draft concept to the Ministry within 30 days of the date of publication. Comments sent after the deadline by the Ministry shall not be taken into account.
(4) The Ministry, in cooperation with the Central Administration, shall evaluate the comments received and comments made from the public consultation and, on the basis of their evaluation, shall give an opinion on the draft concept.
(5) The costs of environmental impact assessment shall be borne by the central administrative office which presents the concept for assessment.
(6) Interstate environmental impact assessments are adequately governed by Sections 11 to 14a.
ASSESSMENT OF THE ENVIRONMENTAL ENVIRONMENT OF THE CROSS-BORDER OF THE CZECH REPUBLIC
Subject of environmental impact assessment exceeding the Czech Republic
(1) The subject of environmental impact assessment across the borders of the Czech Republic ("inter-state assessment ') is:
(a) the design listed in Annex 1, the design provided for in Article 4 (1) (d) and (e) and the concept provided for in this Act, where the territory concerned may also interfere outside the Czech Republic,
(b) the intention listed in Annex No 1, the intention referred to in Article 4 (1) (d) and (e) or the concept referred to in this Act, if the State whose territory may be affected by serious environmental effects (hereinafter referred to as the State concerned) so requests,
(c) the intention and concepts to be implemented in the territory of another State (the State of origin) and which may have a serious impact on the environment in the territory of the Czech Republic.
(2) The competent authority shall proceed with the national assessment in cooperation with the Ministry of Foreign Affairs.
(3) In the case of a project listed in column B of Annex 1, the regional authority is required to forward its assessment to the Ministry if it finds that it is an intention under paragraph 1. It shall also be obliged to refer the assessment of the concept to the Ministry if it finds that it is a concept under paragraph 1.
Interstate assessment procedure
(1) The national assessment shall be carried out in accordance with Title I of this Act, unless the provisions of Title II of this Act or of the international treaties by which the Czech Republic is bound provide otherwise for a procedure for national assessment. The period of time for expression at national level may be extended by up to 30 days if the State concerned so requests. The other time limits shall be extended accordingly.
(2) Where there is doubt as to whether the national assessment is governed by the provisions in force in the territory of the State concerned or in force in the territory of the State of origin, the rules in force in the territory of the State of origin shall apply, unless otherwise provided for in the international treaty to which the Czech Republic is bound.
(3) The State of origin and the State concerned shall, at the request of either of them, determine whether a post-project analysis will be carried out and, if so, to what extent, taking into account the possible significant adverse impact of an project extending beyond the national border which has been subject to an interstate assessment. Any post-project analysis will include, in particular, a constant observation of the consequences of the implementation of the project and the identification of any adverse influence beyond the national borders. The following permanent observations and the determination of the impact may be carried out to achieve the following objectives:
(a) monitoring compliance with the conditions laid down in the decisions or measures provided for in specific legislation1a) and the effectiveness of mitigation measures;
(b) reviewing the effects of the project and dealing with the uncertainties arising during the post-project analysis;
(c) verification of previous forecasts with a view to making use of the lessons learnt in the implementation of similar projects in the future.
(4) If the State of origin or the State concerned, on the basis of a post-project analysis, has reasonable grounds to consider that there is a significant adverse effect across national borders, or if factors have been identified that could result in such an effect, it shall immediately inform the other State. The State of origin and the State concerned shall, in agreement, subsequently lay down the necessary measures to reduce or eliminate this influence.
Interstate assessment of the project carried out in the Czech Republic
(1) If the Ministry finds that it is an intention pursuant to Article 11 (1) (a), or if the State concerned has requested an assessment of the intention pursuant to Article 11 (1) (b), it shall send a notification to the State concerned within 5 working days, together with details of the conduct of the assessment under this Law and information on subsequent decisions that may be taken under specific legislation1a.
(2) If the State concerned's comments received on the notified notification include a requirement to participate in an inter-state assessment, the Ministry shall request environmental information from the State concerned in its territory. The Ministry shall send this information to the notifier within 5 working days of the date of their receipt for use in the processing of the documentation, which shall always be drawn up in the case of an inter-state assessment, and shall provide the processor with an opinion.
(3) The Ministry shall, within 20 days of receipt of the documentation, deliver this dossier to the State concerned and offer it a preliminary examination, in particular where the dossier is processed in variants, including the communication of measures to mitigate serious effects beyond national borders (hereinafter referred to as "consultations"). If the State concerned expresses an interest in the consultation, the Ministry shall participate in the consultation. The Ministry shall inform the notifier and the documentation processor of the site and time of the consultation without delay and no later than 5 days after the date of the consultation. They are then obliged to participate in the consultation as well. The consultation information shall be published by the Ministry in accordance with Section 16.
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Regulation Information
| Citation | Full version of Act No. 49 / 2010 Coll., Act No. 100 / 2001 Coll., on Environmental Impact Assessment and the amendment of certain related laws (Act on Environmental Impact Assessment), as seen from later amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.02.2010 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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