Act No. 544 / 2020 Coll.
Act amending Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended, and other related laws
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Law
Effective from 01.02.2021
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544
THE LAW
of 1 December 2020
amending Act No. 254 / 2001 Coll., on water and amending certain laws (Water Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Water Law
Act No. 250 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 275 / 2013 Coll., Act No. 413 / 2005 Coll., Act No. 61 / 2014 Coll., Act No. 444 / 2005 Coll., Act No. 151 / 2008 Coll., Act No. 157 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 150 / 2010 Coll.
1. In Article 1 (1), the words "as hazardous and irreplaceable environmental and natural resources' shall be inserted after the words" water resources', "for the conservation of water resources and for the prevention of a condition of water scarcity '.
2. In Article 2, paragraphs 13 to 16 are added:
"(13) The water line is a continuously interconnected network of watercourses and other waterlines, including parts of air parts and temporarily covered sections, interrupted only by places where natural leakage occurs.
(14) Other water lines are flowing surface or groundwater not complying with the definition of water flow according to § 43.
(15) The authorised person shall be the competent legal person responsible for the decision of the Ministry of Agriculture to carry out the technical safety oversight of water components, including the processing of the technical safety oversight programme and the processing of the scope of the measurement of technical safety oversight, within the scope of its mandate, and for the processing of assessments for the classification of water works in categories in terms of technical safety oversight.
(16) The mandate shall be the decision of the Ministry of Agriculture authorising the implementation of the technical safety oversight of water components, including the processing of the technical safety oversight programme and the processing of the scope of the measurement of the technical safety oversight, and the processing of assessments for the classification of water works in categories in terms of technical safety oversight. '.
3. Paragraph 5 (3) reads as follows:
"(3) In the implementation of construction 4) or their changes or changes in their use, the builder is required to ensure that they are supplied by water and waste water disposal by sewerage for this purpose according to the nature and purpose of the use of such structures. If sewerage is not available on site, waste water is disposed of by direct cleaning with subsequent discharge into surface or groundwater waters. In the case of the technical imfeasibility of the first and second sentences, waste water may be stored in an impermeable pit (cesspool) 4, followed by a balance of the stored water onto equipment approved for disposal. In addition, the builder is obliged to ensure that the effluent of surface water resulting from the impact of atmospheric precipitation on these structures (hereinafter referred to as" collision water ") is reduced by accumulation and subsequent use, or by seeping on land, evaporation, or, if none of these means is possible or sufficient, by withholding and controlled draining or combining them. Without these conditions, the construction, the modification of the construction before completion of the construction, the use of the construction or the decision on the additional permit of the construction or the change in use of the construction may not be authorised. ';
4. The following Section 5a is inserted after Section 5:
The water authorities, as the authorities concerned, take into account the objectives of the protection of surface and groundwater, their economic use and the creation of conditions for reducing the adverse effects of floods and droughts in built-up and stoppable territories in their opinions on the proposals for territorial planning. The water authorities shall provide the spatial planning authorities with data and supporting documents for the identification of areas suitable for limiting and withholding the effluent and the implementation of water elements. ';
5. In Articles 7 (5) and 108 (4), the words "and connections' are deleted.
6. In Section 8 (3) (g), the words "protecting sewers of single sewerage from hydraulic overload 'are deleted.
7. In § 9 (2), § 39 (4) of the introductory part of the provision, § 39 (6), § 40 (2), § 122 (3) and (4) and § 125g (3) and (4), the word "defective" shall be inserted after the word "dangerous."
8. in Article 9 (3), the words "(Title X, Part 1 and Title XI) 'are replaced by the words" (Title XI, Part 1 and Title XII)';
9. in Articles 9 (8), 23a (1) (b) (1) and (3) and 39 (4) (d), the word "defective" shall be inserted after the word "dangerous."
10.Paragraph 10 (1) reads as follows:
"(1) To measure the amount of water he is handling and to transmit the results of this measurement to the competent river basin administrator in accordance with the procedure laid down in Paragraph 22 (2), he shall:
(a) authorised to be authorised to handle water pursuant to § 8 (1) (a) (1) or § 8 (1) (b) (1) in a total quantity of at least 1 000 m3 of water in a calendar year or 100 m3 of water in a calendar month;
(b) authorised to be authorised to handle water pursuant to § 8 (1) (a) (5), § 8 (1) (b) (2) to (5) or § 8 (1) (d), (e) or (f) in a total quantity of at least 6 000 m3 of water in a calendar year or 500 m3 of water in a calendar month;
(c) those who are authorised to dispose of water in a quantity of at least 6 000 m3 of water in a calendar year or 500 m3 of water in a calendar month which is a natural medical source or a source of natural mineral waters or which is a reserved mineral. "
11. In Article 15 (8) of the Introductory Part of the provision, the words "the possibility of exceeding the work by transferring or sailing at the points of use of surface water for recreational navigation shall be taken into account" and the words "water flow" shall be inserted after the words "and shall be allowed to overcome it in the context of the waterway."
12. in Article 15 (8) (c), the words "exceeding work" shall be inserted after the words "when."
13. in Article 15a (4) (b) and (c), "(Article 61 (4))" is replaced by "(Article 61 (6))."
14. After Paragraph 15b, the following Section 15c is inserted:
Removal of water works for the restoration of natural rigs of small watercourses
(1) In order to remove the water work by adjusting, amending or establishing a riverbed of small watercourses, built before 2002, which no longer fulfils its function or is only partly or has ceased to exist, and which is situated on a parcel outside the built-up territory or a built-up area, it is sufficient, in order to restore the natural riverbed of small watercourses, to notify its owner to the water authority. The provisions of the construction law on the disposal of buildings shall apply mutatis mutandis to the declaration.
(2) The removal of a waterworks on the basis of the declaration referred to in paragraph 1 shall not result in a significant deterioration of the functions of a small watercourse or a significant concern to the rights and legitimate interests of the owners of the land forming or adjacent to it.
(3) The notification of the removal of the waterworks referred to in paragraph 1 shall include:
(a) the formalities provided for in the Construction Act (4);
(b) the consent of the competent water flow manager; This does not apply if the water flow manager is the owner of the water works.
(4) If the Water Authority agrees to the notification of the removal of the water work referred to in paragraph 1, the riverbed of a small watercourse at its place shall be considered as a natural riverbed of a small watercourse.
(5) If the declaration does not have the required formalities or other defects, the Water Authority shall invite the owner of the waterworks to remedy the deficiencies of the submission, provide him with a reasonable period of time and inform him of the consequences of the failure to remedy the deficiencies within that period. If the Water Authority concludes that the declaration is incomplete or the conditions for the issue of the consent are not met, it shall decide by order to carry out the water authorisation procedure for the removal of the water body provided for in Paragraph 15; this order shall be notified only to the owner of the water body and shall not be appealed against. Water law proceedings are opened by the legal power of the resolution. '
15. in Article 16 (5), the word "defective" shall be inserted after the words "particularly dangerous."
16. in Article 17 (1) (g), the words "unless otherwise provided for in this law," shall be inserted after the words "groundwater."
17. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) The applicant shall submit an opinion on the application for consent to drilling under paragraph 1 (g) or geological work under paragraph 1 (i) in the protection zone provided for under the spa law on a person with competence under the Geological Labour Act (8). ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
18. in Paragraph 17 (6):
"(6) Before issuing the consent referred to in paragraph 1, the Water Authority shall assess the possibility of deterioration in the condition or ecological potential of the body of surface water or of the body of groundwater. At the same time, it shall assess whether the implementation of the project will result in a change in physical conditions which would prevent the achievement of good condition or good ecological potential of the body of surface water or good condition of the body of groundwater. If it is concluded that the implementation of the project may lead to deterioration of the condition or ecological potential of the body of surface water or to deterioration of the condition of the body of groundwater or to the prevention of the achievement of a good or ecological potential of the body of surface water or of a good condition of the body of groundwater, it shall inform the applicant that, without exception under Paragraph 23a (8), the intention cannot be authorised or implemented and that, without this exception, the consent referred to in paragraph 1 cannot be given. ';
19. in § 21 (2) (c) (1):
"1. waterlines and objects on them, hydrological catchment areas of watercourses, hydrogeological zones and water tanks, '.
20. in Paragraph 21 (2) (c) (13):
"13th main drainage and irrigation installations (§ 56), '.
21. In Article 21, at the end of the text of paragraph 2, the sentence "Data from registers referred to in point (c) shall be published as open data60) shall be added. ';
Footnote 60 reads as follows:
"60) Act No. 106 / 1999 Coll., on Free Access to Information, as amended."
22. in Paragraph 21 (7):
"(7) Staff of river basin managers and authorised professional bodies
(a) are authorised, in the course of their activities, including the sampling of surface and groundwater, to enter, to the extent necessary, foreign parcels and to enter, in addition, foreign buildings and other premises used for business or other economic activities, unless authorisation is required under other legislation; owners or users of such premises shall be obliged to allow entry;
(b) they shall be required to demonstrate themselves with the authority or licence of the river basin administrator or an authorised expert body and to inform the creditor and their owner or user before entering the foreign land or buildings and other premises. "
23. Paragraph 22 (2) reads:
"(2) For the purposes of the water balance, those who are required to measure the amount of water they handle pursuant to Paragraph 10 (1) or (2), and those who are authorised to discharge waste water or discharge mining water into surface or groundwater in quantities exceeding 6 000 m3 or 500 m3 in the calendar year in the calendar month, shall report once a year to the competent authorities of the river basin data on such disposal or discharge in a manner and to the extent specified by the Ministry of Agriculture in cooperation with the Ministry of Environment and the Ministry of Health by decree. '
24. in Article 22 (3) (a):
"(a) water lines and objects on them and water tanks,"
25. in Article 22 (3) (e):
"(e) main drainage and irrigation installations (§ 56)."
26. in Article 22 (4) (a):
"(a) objects on the water lines of the hydrological catchment areas of the watercourses and hydrogeological areas,"
27. in Article 22 (4), the following point (b) is inserted after point (a):
'(b) bodies of water, including heavily affected bodies of water and artificial bodies of water,';
Points (b) to (i) shall be renumbered (c) to (j).
28. in Article 22 (6), "§ 108 (3) (v)" is replaced by "§ 108 (3) (w)."
29. in Article 23a (8) of the introductory part of the provision, the words "the state or ecological potential of the body of surface water or the state of the body of groundwater" shall be inserted after the word "surface water" and the words "groundwater" shall be replaced by the words "good condition of the body of groundwater."
30. in Article 23a (8), point (b) is deleted;
Points (c) and (d) shall be renumbered (b) and (c).
31. in Article 23a (9), the words "the state or ecological potential of the body of surface water or of the body of groundwater" shall be inserted after the word "surface water" and the words "groundwater" shall be replaced by the words "good condition of the body of groundwater."
32. in Paragraph 23a, the following paragraph 10 is inserted after paragraph 9:
"(10) The reasons for granting the derogation referred to in paragraph 8 shall be set out and explained in the current river basin management plan referred to in Section 24 or in the next update thereof. ';
Paragraph 10 shall become paragraph 11.
33. In Paragraph 36, the words "and shall take account of the possibilities of leisure 'shall be added at the end of the text of paragraph 1.
34. In Article 36 (2), the words "and the possibilities for recreational navigation 'shall be inserted after the words" water flow'.
35. in Paragraph 38 (1), the words "from the sewerage" shall be deleted;
36. in Paragraph 38 (9):
"(9) Direct discharges of waste water into groundwater are prohibited. Discharges of waste water not containing dangerous harmful substances or particularly dangerous harmful substances (§ 39 (3)) from one or several territorial buildings for housing (50), from family vacation51) or from individual buildings providing accommodation services (52), arising mainly as a product of human metabolism and domestic activities, through soil layers into groundwater waters may be authorised unless technically possible or in the light of interests protected by this law or other legislation, the discharge of waste water into surface waters. Authorisations for discharges of waste water into groundwater referred to in the second sentence may not be issued without the consent of a person with professional competence (8), which shall assess the impact of discharges of waste water on groundwater quality. The maximum authorised amount of waste water discharged from one or more territorial buildings for housing shall not exceed 15 m3 / day overall. ';
37. In the first sentence of Article 39 (3), the words "(hereinafter referred to as" dangerous substances ") 'and the words" (hereinafter referred to as "particularly dangerous substances")' shall be deleted; in the second sentence, the words "harmful substances' shall be inserted after the word" dangerous' and in the fifth sentence the words "dangerous substances' shall be replaced by the words" dangerous substances'.
38. in Article 39 (4) (d), the words "or substances intended for the treatment of drinking water and for the treatment of municipal waste water" shall be inserted after the words "of bulk feedingstuffs."
39. In Paragraph 39 (7) of the Introductory Part of the provision, the words "and the conditions for their use 'shall be inserted after the word" exemption'.
40. In Paragraph 39 (12), the word "defective 'shall be inserted after the word" dangerous'.
41. In Paragraph 42, at the end of paragraph 2, the sentence "The execution of a decision under this provision may not be initiated, ordered or executed."
42. In Article 44 (2), the words "or by removing water works for the purpose of restoring the natural riverbed of small water flows' shall be inserted after the words" human activity '.
43. In Paragraph 47 (2), at the end of point (h), the dot is replaced by a comma and the following point (i) is added:
"(i) to restore the natural riverbed of small watercourses by removing water works which had modified, modified or established before 2002."
44. In Section 53, the words "Ministry of Agriculture 'are replaced by the words" Regional Office' and the words "To 'are replaced by the words" Ten'.
45. in Paragraph 54 (4), the words "state or ecological potential by the intention of the water service concerned" shall be inserted after the words "possibility of deterioration."
46. In Paragraph 55 (3), the words "if they are not for groundwater collection," are deleted.
47. in Article 59 (1) (k), the word "implement" shall be replaced by the words "carry out for the first time not later than 6 months after its establishment and then" and the words "transfer by 31 December of the year concerned to the water authority" shall be replaced by the words "transfer within 30 working days of the revision to the water authority."
48. In Article 61 (1), the words "for the recovery or retention of water 'are deleted.
49. In Paragraph 61, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) Technical safety oversight shall be subject to water works which serve for the sifting and retention of water. This is
(a) dams, dams and hedges, with the exception of transverse structures in watercourses and adjacent territories, the height of which is less than 1 m from the base of the dam to the crown and the total volume of air water does not exceed 1 000 m3, or fixed and immobile transverse structures, in watercourses whose fixed overflowing edge is above the bottom of the underpass of less than 1,5 m;
(b) flood protection structures;
(c) structures established for navigation purposes in watercourses or on their shores;
(d) structures to exploit the energy potential of surface water, with the exception of transverse structures referred to in (a); and
(e) other structures for the sifting or retention of water, with the exception of tanks fully immersed in the ground without the sifting element, blind arms, water lines and waterholes, sewerage nets and recreational pools.
(3) Furthermore, technical safety oversight is subject to construction
(a) drains, and
(b) hydrotechnical stacks and tunnels. ';
Paragraphs 2 to 11 shall be renumbered paragraphs 4 to 13.
50. in Paragraph 61 (5):
"(5) The setting of criteria and procedures for the classification of water works into categories, the scope and frequency of the implementation of technical security oversight for each category of water works and at each stage of their preparation, construction, changes in the finished construction of a water work or operation, the need to process the extent of the measurement of technical safety oversight, the necessity of the programme of technical security oversight and the processing of the results of observations and measurements shall be determined by decree."
51. in Article 61 (6), the word "completed" shall be replaced by "completed construction," the words "defined by the decree referred to in paragraph 3" shall be deleted, the number "9" shall be replaced by "11" and at the end of paragraph 6 the sentence "The assessment for the classification of water works into the category shall include the determination of the degree of safety of the water works in the case of floods and the design and assessment of the parameters of safety and discharge devices in accordance with specific legislation61), 62)."
footnotes 61 and 62 read:
"61) Decree No. 590 / 2002 Coll., on technical requirements for water works, as amended.
62) ČSN 75 29 35 - Assessment of the safety of water works in floods. '
52. Paragraph 61 (10) is deleted.
Paragraphs 11 to 13 shall be renumbered paragraphs 10 to 12.
(53) Paragraph 61 (10) and (11) read:
"(10) The Ministry of Agriculture shall manage the evidence of technical safety oversight including the classification of water works in categories I to IV. The scope of the data and the method of keeping the technical security surveillance record shall be determined by the Ministry of Agriculture by decree.
(11) To carry out the technical safety oversight of Category I to Category III waterworks, including the processing of the technical safety oversight programme and the processing of the scope of the measurement of the technical safety oversight, to process assessments for the classification of water works into Category I to Category IV in terms of technical safety oversight, only the authorised person may, within the scope of his mandate. Where such a person is the owner of a Category I or Category II waterwork, he shall not exercise technical security oversight on his own and shall process the Technical Security Surveillance Programme for him. ';
54. In Paragraph 61, the following paragraphs 12 and 13 are inserted after paragraph 11:
"(12) The authorised person shall:
(a) ensure the continuous performance of the technical security oversight to the extent necessary and the personnel composition, including during floods, natural disasters and crisis situations;
(b) notify the Ministry of Agriculture of the transformation of a legal person and of the change of personnel, material and technical equipment relating to the exercise of technical security oversight immediately after the change has been implemented;
(c) carry out technical safety oversight of water components in accordance with generally binding regulations and technical requirements, in particular with regard to their safety, stability and possible causes of disturbances;
(d) keep a record of the technical safety oversight of selected waterworks data and of the performance of the technical safety oversight of designated waterworks for which it carries out technical safety oversight to the extent and in the manner laid down in the Decree;
(e) to transmit the data from the technical surveillance records provided for in point (d) to the Ministry of Agriculture no later than the calendar quarter by the 15th day of the first month of the following quarter in the extent and manner laid down by the Decree.
(13) The Water Authority shall:
(a) keep a record of the technical safety oversight of the selected water components and of the performance of the technical safety oversight of Category IV water works not carried out by the authorised person in the scope and in the manner laid down by the Decree;
(b) to transmit data from the technical security surveillance records provided for in point (a) to the Ministry of Agriculture no later than the calendar quarter by the 15th day of the first month of the following quarter, in the scope and in the manner laid down by the Order. "
Paragraph 12 shall become paragraph 14.
55. in Paragraph 61 (14), the heading "9" shall be replaced by "11," after the word "only," the word "legal" shall be inserted after the word "activity," the words "provided for by a decree" shall be inserted, and at the end of paragraph 14 the sentence "The particulars of applications shall be laid down by an order."
56. In Paragraph 61, paragraphs 15 and 16 are added:
"(15) The Ministry of Agriculture may withdraw the mandate to carry out technical security oversight where:
(a) the obligations laid down in Paragraph 61 (12) are not fulfilled;
(b) technical safety oversight has not been consistently exercised for at least 5 years over Category III water components;
(c) technical safety surveillance has not been carried out continuously over Category I and Category II waterworks;
(d) the processing of assessments for the classification of water works into the category I to IV of technical safety oversight is not properly carried out;
(e) the legal entity has been transformed or the legal entity has entered into liquidation.
(16) By decree, the Ministry of Agriculture sets out the scope of the data collected, the method of keeping records of technical security oversight and the way in which such data are transmitted in accordance with paragraphs 12 and 13. '
57. in Article 62 (1), the text "(§ 61 (3))" is replaced by "(§ 61 (5))."
58. In Paragraph 62, the following paragraph 4 is inserted after paragraph 3:
"(4) The owner or, as the case may be, the builder must notify the Ministry of Agriculture of the designation of the authorised person for water works classified in categories I to III without delay. The same applies to Category IV waterworks, for which the owner or, where appropriate, the builder does not carry out technical security oversight, but through a designated person. '
Paragraph 4 shall become paragraph 5.
59. Paragraph 62 (5) reads as follows:
"(5) In carrying out the technical safety oversight, the owner or, where applicable, a waterworks builder classified in Category I to Category IV shall:
(a) designate the natural person responsible for carrying out the technical security oversight and notify his or her name, surname, address of residence or, where applicable, place of work and telephone number to the competent authority of the water authority; for Category IV waterworks, the owner of the waterworks shall be considered to be the person responsible for technical security oversight, unless he has designated another person;
(b) invite the competent water authority to inspect the water works referred to in Article 61 (1) once a year for Category I constructions, for Category II constructions once every 2 years, for Category III constructions once every 4 years and for Category IV constructions once every 10 years;
(c) submit to the competent authority responsible for the water works I to IV.
(d) submit reports on the results of technical security surveillance in respect of Category I to Category III water works at the dates referred to in (b) or, if exceptional circumstances have arisen concerning the safety of the water works, to the competent authority;
(e) transmit to the competent authority the technical safety oversight programme or its amendment for Category I to III water works. ';
60. in Article 75 (3), the text "(§ 61 (10))" is replaced by "(§ 61 (11)."
61.Paragraph 77 (9) reads as follows:
"(9) If a crisis situation is declared under another legislation34), the relevant crisis staff and the relevant flood committee shall meet together. The powers of the flood authorities are not affected by the declaration of crisis. '
62. in Part One, the following Title X is inserted after Title IX:
DETERMINATION OF THE SUCHA AND STATUS OF THE WEAKNESS OF WATER
Definition of terms
(1) For the purposes of this Subpart, drought means hydrological drought as a fluctuation of the hydrological cycle which occurs mainly as a result of a deficit in precipitation and is manifested by a decline in water flow and groundwater levels.
(2) The status of water scarcity for the purposes of this Title shall be understood as a temporary condition with a potential impact on basic human needs, economic activity and the environment, where water use requirements exceed available water sources due to drought, and it is necessary to limit water management and to implement further measures.
Plan for managing drought and water scarcity
(1) The plan for the management of drought and water scarcity (hereinafter referred to as the "plan for drought") is being drawn up for the territory of the Czech Republic and for the territory of the region.
(2) The drought plan is the basis for
(a) decisions or measures of a general nature issued by the Water Authority pursuant to Articles 6 (4), 59 (5) or 109 (1) in the event of drought management;
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Regulation Information
| Citation | Act No. 544 / 2020 Coll., amending Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2020 |
|---|---|
| Effective from | 01.02.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Water, Water management
The regulation text is for informational purposes only.
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