Government Decree No. 52 / 2023 Coll.
Government Regulation amending Government Decree No. 307 / 2014 Coll., on establishing details of land use records according to user relations, as amended
Valid
Effective from 01.03.2023
52
GOVERNMENT REGULATION
of 22 February 2023
amending Government Regulation No 307 / 2014 Coll., laying down details of land use records according to user relations, as amended
The Government orders pursuant to § 3a (5) (i), § 3aa (5) (e), § 3i, 3l and § 3m of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 291 / 2009 Coll., Act No. 179 / 2014 Coll. and Act No. 382 / 2022 Coll.:
Government Decree No. 307 / 2014 Coll., on the determination of details of land use records according to user relations, as amended by Government Decree No. 61 / 2016 Coll., Government Decree No. 407 / 2016 Coll. and Government Decree No. 312 / 2017 Coll., is amended as follows:
1. In Section 1, at the end of the text in point (a), the words "and inclusion in the spa source protection zone under the spa law 'are added.
2. In Article 1, the words "and the Strategic Plan of the Common Agricultural Policy of the European Union in the Czech Republic (hereinafter referred to as the Strategic Plan) 'are added at the end of the text (e).
3. at the end of the text of points (i), (j), (s), (t) and (u), the words "and the Strategic Plan" shall be added.
4. In Section 1, at the end of the text in point (q), the words "up to the area level of one crop 'are added.
5. In Article 1 (m), the words "and according to the Government Regulation on the implementation of measures of the Rural Development programme1) 'are replaced by the words", according to the Government Regulation on the implementation of measures of the Rural Development programme1) and according to the Strategic Plan'.
Footnote 1:
"(1) Regulation (EU) 2021 / 2115 of the European Parliament and of the Council of 2 December 2021 laying down support rules for the strategic plans to be drawn up by the Member States under the common agricultural policy (CAP strategic plans) and financed by the European Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305 / 2013 and (EU) No 1307 / 2013, as amended."
6. In Section 1, point (u), the words "the suitability of grubbing-up of infiltration areas' shall be inserted after the word" soil '.
7. In Article 1 (v), the word "a 'is deleted.
8. In Paragraph 1, at the end of point (w), the dot is replaced by a comma and the following points (x) to (z) are added:
"(x) the suitability of growing intercrop against hardening;
(y) the landscape element and its area;
(z) an area adjacent to a permanent body of surface water for water protection. ';
9. In Article 1, at the end of point (z), the dot is replaced by "a 'and the following point (za) is added:
"(za) the area of the agricultural area on which the agrovoltaic electricity plant is located under the Agricultural Soil Fund Protection Act."
10. In Section 2, the words "areas of ecological interest 'are replaced by the words" non-production areas'.
11. Article 3, including the title and footnotes Nos 4 to 6, reads:
Basic breakdown of agricultural culture types in land records
For the purposes of land use records according to user relations (hereinafter referred to as "for registration purposes'), the type of agricultural culture shall be:
(a) arable land (4), which is:
1. standard arable land,
2. grassland; and
3. Eels,
(b) permanent grassland 5),
(c) permanent culturs6) which is:
1. vineyards,
2. hops,
3. fruit orchard,
4th kindergarten,
5. rapidly growing timber grown in nurseries,
6. area with multiannual production crops,
7. area with truffles; and
8. other permanent culture; and
(d) other culture which is:
1. wooded land;
2. pond,
3. container area,
4. out-of-production area; and
5. another culture.
4) Article 4 (3) (a) of Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended.
5) Article 4 (3) (c) of Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended.
6) Article 4 (3) (b) of Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended. '
12. The following Section 3a to 3r is inserted after Section 3, including the headings and footnotes No 7 and 8:
Standard arable land
(1) The standard arable land is for registration purposes
(a) agricultural arable land on which crops are grown in a regular sequence of agricultural crops,
(b) agricultural land under a greenhouse or under a fixed or portable cover; and
(c) area sown with grass, if grown for the production of grass seed.
(2) The standard arable land referred to in paragraph 1 shall also be land comprising trees, provided that their density does not exceed 100 pieces per hectare; that number does not include trees registered as environmentally important elements and scattered fruit trees which are repeatedly harvested.
Grass
(1) For the purposes of the record, grassland used for growing grasses or other herbaceous forage on natural areas or artificially planted areas shall be kept mechanically or grazed and included in crop rotation for less than 5 years.
(2) clover, lucerne and other botanical species naturally occurring in natural grasslands only in combination with other species or grown for the production of crops are grassland as referred to in paragraph 1 if they are less than 50% present in the crop.
(3) The grassland referred to in paragraphs 1 and 2 shall also be grassland comprising trees, provided that their density does not exceed 100 head per hectare; that number does not include trees registered as environmentally important elements and scattered fruit trees which are repeatedly harvested.
(4) The soil or area referred to in paragraphs 3a (a) to (c) is not a grassland referred to in paragraphs 1 to 3.
Eels
(1) For the purposes of record-keeping, the agricultural arable land lying fallow and the area set aside in accordance with the requirements laid down in the directly applicable European Union4), which are:
(a) without crop;
(b) naturally sown,
(c) with crops sown, or
(d) with grassland and other herbaceous forage.
(2) The soil and area referred to in paragraph 1 shall be the eel where they fulfil the following additional conditions:
(a) standard arable land, grassland, permanent grassland, hops, vineyards, fruit orchard, rapidly growing timber grown in breeding plantations, area with multiannual production crops, other permanent crops or nurseries have been kept in the register of land in the immediately preceding period;
(b) they are cut, mulched or grazed at least once a year, including the cutting of non-passports, during the period 1 June to 31 August of each calendar year; and
(c) if they are without crop, they are maintained by mechanical cultivation or chemical means.
(3) The eel referred to in paragraph 1 shall also be land or area comprising trees, provided that their density does not exceed 100 head per hectare; that number does not include trees registered as environmentally important elements and scattered fruit trees which are repeatedly harvested.
Permanent grassland
(1) The permanent grassland shall, for the purposes of registration, be the agricultural land used for the cultivation of grasses or other herbaceous forage on natural or artificially sown areas maintained by mechanical or grazing.
(2) Grass under § 3b or eels under § 3c with cover of grasses and other herbaceous forage established between 1 July and 31 December shall become permanent grassland no later than 5 years in which they have not been included in crop rotation, unless they are non-production areas under a government regulation governing cross-compliance rules for farmers.
(3) Grass under § 3b or eels under § 3c with cover of grasses and other herbaceous forage, established between 1 January and 30 June, shall become permanent grassland on 1 July of the calendar year in which the period of five years of their duration ended, unless it is non-production areas under a government regulation governing cross-compliance rules for farmers.
(4) clover, lucerne and other botanical species naturally occurring in natural grasslands only in combination with other species or grown for the production of crops are permanent grassland if they are less than 50% present in the crop.
(5) The permanent grassland is i
(a) an area on which more than 50% of other botanical species than grass and other herbaceous forage are present, the agricultural management of which is carried out in a similar manner to the cultivation of grass and other herbaceous forage as regards the part of the soil block on which the indication of the presence of sown and peat meadows referred to in § 1 (j) is recorded;
(b) permanent grassland which includes trees, provided that their density does not exceed 100 head per hectare, the number of which does not include trees registered as ecologically significant elements and scattered fruit trees which are repeatedly harvested.
Vineyards
(1) For the purposes of the register, the vineyard is agricultural land which is evenly and continuously planted with a vine bush for at least 5 years or is expected to be planted for at least 5 years and which is fitted with a support device which must be installed no later than 2 years after planting; only in the event of a change in the way the vine bushes are kept, the support plant shall be installed back within 1 year of its removal.
(2) For the purposes of the register, an associated handling area shall be included in the area of such agricultural land, which shall not exceed the width of a single intermediate line along the lines along each side of the vineyard at the highest deductible width of 3 metres and 8 metres at the beginning and end of the rows; The handling area shall not be part of the journey. The planted area of the vineyard is laid down in a directly applicable European Union regulation laying down implementing rules for the common organisation of the market in wine (3). The management of the vineyard involves the care of the intermediate.
Hop cones
(1) hop is agricultural land for registration purposes,
(a) on which hops are grown for at least 5 years or are intended for at least 5 years; and
(b) which is fitted with a hop support plant.
(2) For the purposes of registration, the area enclosed by the external anchor wires of the supporting columns is the area so agricultural-managed; where hop plants are located on this external border, an additional strip of land equal to the average width of the intermediate on that parcel shall be added to each side of the parcel. This strip of land shall not be part of the journey.
(3) This area of agricultural land shall include, for the purposes of registration, an associated handling area which shall not exceed 8 metres at the beginning and end of the lines and shall not be part of the journey.
(4) The management of hops involves the maintenance of intermediate lines.
Fruit orchard
(1) Fruit set is, for the purposes of registration, agricultural land planted in a regular buckle
(a) fruit trees for at least 5 years or for at least 5 years such planting is envisaged and the planting density is at least 100 viable individuals per hectare of the part of the soil block; or
(b) fruit bushes with a stocking density of at least 800 viable individuals per hectare of part of the soil block.
(2) Fruit trees and fruit shrubs referred to in paragraph 1 are not rootstocks or crops.
(3) The area of such agricultural land shall be included for the purposes of registration in an associated handling area which shall not exceed the width of one intermediate line along the lines along each side of the fruit set at the highest possible width of 8 metres and a space of 12 metres at the beginning and end of the lines; The handling area shall not be part of the journey.
(4) The width of the interlining shall be at most 12 metres for fruit trees and 5 metres for fruit shrubs. The management of the fruit orchard includes the care of the intermediate.
School
(1) For the purposes of registration, the nurseries are agricultural land and land under a greenhouse or under a fixed or portable cover to which they are grown for the purpose of subsequent restocking.
(a) young timber of agricultural crops referred to in Sections 3e to 3g, 3i or 3l;
(b) ornamental trees and plants; and
(c) forest trees.
(2) The area of such agricultural land shall include a associated handling area which shall not exceed a width of 8 metres around the beds and shall not be part of the journey. Management of the kindergarten involves the care of the intermediate.
(3) The type of agricultural culture for the purposes of registration is not an area with planting trees for the purpose of selling them as Christmas trees.
Fast growing timber grown in nurseries
(1) For the purposes of record-keeping, rapidly growing timber grown in breeding plantations is agricultural land which is sown evenly and continuously for at least 5 years or which is expected to be grown for at least 5 years by rapidly growing timber, in a minimum of 1 000 viable individuals per hectare of part of the soil block, provided that the rootstocks and nurseries remain after the harvest in the country and fresh shoots grow in the new season.
(2) The area of such agricultural land shall be included in the associated handling area, which shall not exceed 12 metres at the beginning and end of the lines and the width of the line and the width of the cut-off line, at the highest possible width of 8 metres, along the lines on both sides of the fast-growing trees grown in breeding plantations and shall not be part of the journey.
Area with multiannual production crops
The area with multiannual production crops shall be agricultural land on which crops are grown for the purpose of crop production for the purposes of registration, which is not normally included in crop rotation and which have been grown for at least 5 years on that land or is intended for at least 5 years.
Area with truffles
The Truffle Area shall be the agricultural land planted with mycorhizee tree or shrub planted with truffle, with a density of at least 800 viable individuals per hectare of soil block and a maximum of 2000 viable individuals per hectare of soil block.
Other permanent culture
Other permanent crops are agricultural land with a permanent crop other than those referred to in Sections 3e to 3k for the purposes of registration. The management of another permanent culture involves the care of intersections.
Forested land
(1) Forested land is forestry land for registration purposes,
(a) on which wood is grown to fulfil the functions of the forest; and
(b) which, prior to its afforestation, has been kept in the land register as agricultural land managed by the type of agricultural culture referred to in Sections 3a to 3l.
(2) Unplanted areas up to and including 4 metres shall be included in the area of such forestry-managed soils, mainly serving as partitioning points or unpaved forest paths (7).
(3) As forested land, only areas on which the relevant multiannual condition of the farmer under Articles 70 and 73 of Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended, or the conditions of which are in accordance with Articles 70 and 73 of Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended, or in accordance with the Government Regulation governing the granting of subsidies for afforestation of agricultural soils (8) may be subject to land use under user relations.
Pond
(1) For the purposes of the register, the pond is a waterworks used for fish farming, water birds, aquatic animals and for the cultivation of aquatic plants, intended for the operation of pond farming under the Water Act and the Fisheries Act.
(2) For the purposes of accounting, the circumference of the water surface set at its operating level shall be considered to be the boundary of the pond.
Container area
(1) The container area is, for the purposes of registration, the area under the greenhouse, under a fixed or portable cover or an area without cover which is used agricultural for growing plants.
(2) For the purposes of recording plants grown on the container area are not directly linked to the root system with soil.
Extra-production area
The extra-production area shall be the area of an ecologically significant element for the purposes of registration which is not completely surrounded by the agricultural area.
Other culture
Another culture is agricultural land not mentioned in Sections 3a to 3p.
Common provisions on agricultural culture in land records
For registration purposes they are in
(a) Sections 3b to 3d of grass and other herbaceous forage of botanical grasses and other herbaceous forage occurring in the Czech Republic in pastures and grasses of natural habitats or in grass seed mixtures and are mainly used as feed for livestock;
(b) Sections 3a to 3j and in Sections 3l and 3m of each type of agricultural culture, land or area, provided that the plants grown or growing on them are directly linked by the root system to that soil or area.
7) Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended.
8) Government Decree No. 308 / 2004 Coll., laying down certain conditions for the granting of subsidies on the afforestation of agricultural land and on the establishment of crops of fast growing timber on agricultural land intended for energy use, as amended. Government Decree No. 239 / 2007 Coll., laying down the conditions for granting subsidies on afforestation of agricultural land, as amended. Government Regulation No. 185 / 2015 Coll., on the conditions for granting subsidies under the afforestation measures and amending certain related government regulations, as amended. '
13. in Article 3c (2) (a), the words "permanent grassland," shall be deleted;
14. footnotes 9 to 12 are deleted.
15. in Article 5 (1), the words "non-production" and "in the organic interest" shall be inserted after the words "as";
16. in Article 5 (2):
"(2) The type of ecologically significant element or part thereof in the register of ecologically significant elements which can be reserved as a non-production area is a landscape element which is:
(a) the limit;
(b) the terrace,
(c) grasses,
(d) a group of timber;
(e) trees;
(f) solid wood;
(g) moat,
(h) wetlands; and
(i) rock. ';
17. Paragraph 5 (4) reads:
"(4) For the purposes of recording, the limit is a continuous unit of predominantly line type, mainly used to reduce the risk of water or wind erosion, usually defining the boundary of the soil block part. The limit may include wood vegetation, stoneware, stone wall, small sacral structure or grassy area. The limit may also be a separate stone nose or stone wall. '
18. In Paragraph 5 (5), the words "or 'are replaced by the words', a stone nose 'and the words' or a small sacral structure 'are added at the end of the text of the paragraph.
19. In Section 5, at the end of the text of paragraph 6, the words ", a stone nose, a stone wall or a small sacral structure 'shall be added.
20. In Section 5, the sentence "A stone-weight, stone wall or small sacral structure may be part of a group of trees may be added at the end of paragraph 7."
21. In Paragraph 5 (8), after the first sentence, the sentence "A stone-weight, stone wall or small sacral structure may be part of the tree line."
22. In Section 5, at the end of paragraph 9, the sentence "There may be a stoneweight, a stone wall or a small sacral structure."
23. in the second sentence of Article 5 (11), "Article 3a (9) (a) and Article 3a (10) of the Agriculture Act" shall be replaced by "Article 3a (3) and (4) of the Act."
24. In Article 5, the following paragraph 12 is added:
"(12) The rock means the surface natural origin of rocks or minerals in order to protect geomorphological and geological phenomena in accordance with § 2 (2) (c) of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended. The rock can have the character of individual stones or larger rock formations. Wood or herbal vegetation may be part of the rock. The landscape element of the rock may be registered on the area of the soil block in accordance with § 3a (3) and (4) of the Act. '
Efficacy
This Regulation shall enter into force on 1 March 2023, with the exception of Article I (9) and (13), which shall take effect on 1 January 2024.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Minister for Agriculture:
Ing. Nekula v. r.
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Regulation Information
| Citation | Government Regulation No. 52 / 2023 Coll., amending Government Regulation No. 307 / 2014 Coll., on establishing details of land use records according to user relations, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.2023 |
|---|---|
| Effective from | 01.03.2023 |
| Effective until | - |
| Status | Valid |
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