Decree No. 545 / 2002 Coll.
Ordinance on the procedure for the implementation of land-based treatment and the formalities for the design of land-based treatment
Valid
Order
Effective from 01.01.2003
Zobrazeno prvních 200 z celkem 280 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
545
DECLARATION
of 12 December 2002
on the procedure for the implementation of land-based treatment and the formalities for the design of land-based treatment
The Ministry of Agriculture provides pursuant to Article 27 of Act No. 139 / 2002 Coll., on land and land offices and amending Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended, hereinafter referred to as "the Act":
Procedure for land modification
Preparation of land modification proceedings
(1) Land authorities (1) shall, as a general rule, notify the planned date of the commencement of land-use adjustments to the relevant cadastral office and to the municipality concerned if the results of land-use adjustments will serve to restore the cadastral operator (2).
(2) The necessary documents, provided free of charge for preparatory work, (3) are in particular:
(a) an updated set of geodetic information and an updated set of descriptive information of the cadastral operator or, where appropriate, of the former land register operators and downstream operators of the allocation and assembly procedure, to the extent necessary and in the form in which they are kept or stored, and documentation of the results of the investigation and measurements for the management and recovery of the geodetic information file, 4)
(b) the allocation documents or decisions and, where appropriate, other documents in accordance with specific legislation, 5) which may be used for the purpose of specifying or reconstructing the allocation procedure in land-based adaptations, 6)
(c) maps of Bonized Soil Organic Unice7) and maps of comprehensive soil survey;
(d) approved or developed zoning documentation, zoning documents and territorial decisions, 8)
(e) available supporting documents, analyses and information on the state of the territory and its use including field surveys carried out, for example on water ratios (water protection zones, vulnerable areas and others), on land and underground facilities, soil protection, transport, environmental stability and land-based assessment systems, and previously processed land-use adjustment projects;
(f) verified data on the location of distribution networks and liner structures;
(g) ortho-photographs, aerial and satellite images, basic base data and production block register, which is part of the Integrated Administration and Control System.
Opening proceedings
(1) Following the opening of the land modification procedure (Section 6 of the Act), the opening negotiations (Section 7 of the Act) are followed. The opening of this opening procedure may, for reasons of economy, be carried out at the same time as the notification of the opening of the land-use adjustment. The notice of initiation shall be served on the persons referred to in Section 7 of the Act.
(2) At the opening meeting, the participants present shall be provided with information on the essential facts identified in the preparation of the land-modification procedure. (9) The Land Office shall determine, on the basis of the majority opinion of the owners present, the place from which the distance of the land will be measured if it is not possible to measure the distance from the original estate. 10)
Detailed field survey and evaluation
(1) A detailed survey of the terrain shall be carried out throughout the whole perimeter of the land modification and, where necessary, with regard to the protection of land against water erosion and flooding or to the management of other water measures, shall be carried out at sites downstream of it in order to identify the actual state of use of the land in terms of agricultural production, soil protection, landscape environment and any factors which may affect the joint plant plan, 11) new location arrangements and changes of land according to their species.
(2) A detailed field survey shall focus on those elements which are necessary for the processing of the land design. These are in particular:
(a) the method of simultaneous land use and the marking of their borders;
(b) transport load, technical condition of all roads, including their components and accessories, and access to land;
(c) soil degradation, soil heterogeneity, detection of signs of water and wind erosion (e.g. skids, infestations, paths of concentrated water outflow, grooves, rainfall, deflation, accumulation); the current state of erosion is documented by calculating the rate of erosion hazard,
(d) the technical and functional condition of drainage and irrigation of the land, the condition of watercourses and water works located in those drains in view of the possibility of draining surface water from the water catchment areas, the technical and functional condition of the water tanks;
(e) the distribution and status of all elements used to protect against water and wind erosion, the distribution and status of protective greenery and other elements relevant for the creation and protection of the landscape, including conservation of the landscape (e.g. windmills, limits, trees growing outside the forest),
(f) the presence of waste landfills, power lines columns, wells or other specific features of the territory;
(g) the need for fertilisation measures, rendering measures on degraded and contaminated soils.
(3) A detailed field survey, to which representatives of the Agricultural Soil Fund Protection Authority, the State Administration of Forests and, where appropriate, other authorities concerned are invited, also identifies the discrepancy between the facts in the field and the condition registered in the Land Register, while assessing the possibility of changing the types of land. The opinions of the authorities concerned on changes in land types shall be recorded in the Protocol.
(4) In the detailed field survey, in particular national maps 1: 5000 derived or other supporting documents shall be used in addition to the map of the cadastral.
(5) The results of the detailed field survey shall be processed graphically and in writing as one of the basis for establishing the basic objectives of land-based adjustment.
Determination of the perimeter of land treatment
(1) The Land Authority shall proceed in determining the perimeter of land-use modifications by including in the district the land which it has assessed as necessary to achieve the objectives of land-use changes and the restoration of the land-based operator (Sections 2 and 3 of the Act), taking into account the requirements of the land owners, the municipality and the cadastral office. In the area of land treatment, the land concerned by the solution provided for in Article 2 of the Act, which can be exchanged, as well as land for which only a set of geodetic information is restored and which is not exchanged. 12)
(2) The precise perimeter of the land modification pursuant to Article 9 (6) of the Act is to be registered in the Land Register on the basis of the announcement of the Land Office, which includes a geometric plan.
Detection of the progress of land borders
(1) The Land Office shall inform the municipality concerned and the cadastral office of the date of the border survey (13) at least one month in advance and discuss with them the manner and extent of cooperation in this survey. 14)
(2) The owners of the land are invited to investigate the progress of the borders where their participation is necessary to clarify the ownership of the land. If the land is owned by the State, the relevant organisational body of the State 14a), state organisation14b) and state enterprise 14c) managing the land and the legal person managing the land 14d) are invited to establish the border. If the perimeter of the land modification is the border of the municipality, representatives of neighbouring municipalities are always invited. If the boundaries of this district form the boundaries of the built-up territory or the boundaries of the land in the built-up areas, all the owners concerned shall be invited. The owners and, where appropriate, the representatives of the municipalities shall be invited in writing to be delivered to them at least a week in advance. Non-participation of invited persons shall not be an obstacle to the identification of the progress of the borders and the use of the results found.
(3) If the owners of the land invited in accordance with paragraph 2 agree to the current course of the field borders, they shall confirm by signature a record of the outcome of the border survey; It shall include a sketch showing the actual progress of the borders drawn up on a copy of the cadastral map. If there is a discrepancy in the owners' claim on the progress of the land borders, it shall be followed by a specific legislation. 15)
(4) The procedure for establishing the progress of the border shall be followed by a special legislation14) except for the procedure resulting from paragraphs 1 to 3. The results of the border survey shall be endorsed by the President of the Commission13 in the protocol.
Compensation and amendment of the cadastral border
(1) The change in the boundary of the cadastral territory (hereinafter referred to as "the change of border '), for example, when compensation is made as a result of the adaptation of the line construction route, shall be governed by specific legislation. 16) A change of border is not a change of administrative territory within the meaning of a specific legislation. 17)
(2) According to the scope of the proposed change of border, only the change of border of the land concerned or a large part of the neighbouring cadastral territory shall be included in the perimeter of the land modification so that the new layout of the land can be satisfactorily resolved in the relevant part of the neighbouring cadastral territory.
Geographical activities
(1) The performance of the surveying activities and the determination of the characteristics and criteria of the accuracy of the detailed measurement and display of the half-book of the cadastral maps18) shall be carried out in accordance with specific legislation. 19)
(2) The measurement of the area within the perimeter of the land treatment shall be determined by calculating from the coordinates of the refraction points of the perimeter of the land treatment defined in the coordinate system of the single trigonometric network of the cadastral 20) with code 3 Quality characteristics of the detailed points. 21)
(3) The territorial measurements established in accordance with paragraph 2 shall be compared with the area of the territory obtained by the sum of the area of all parcels by cadastral. The difference in measurements shall be compared to the limit value laid down by the specific legislation. 22)
(4) If the difference in the area referred to in paragraph 3 does not exceed the limit tolerance laid down, 22) the sum of the areas of the parcels exchanged in the list of land owners' entitlements shall be corrected by a correction factor so that the difference determined in accordance with paragraph 3 is eliminated.
(5) If the difference in the area referred to in paragraph 3 exceeds the specified limit deviation, 22) the contractor shall verify that there is no error in the location or calculation of the area or in the sum of the area of parcels according to the cadastral property. If the contractor does not find such an error, the Land Authority shall proceed further on the basis of the results of the discussions with the cadastral office. 23)
(6) In the case of land in the district of land treatment only where a set of geodetic information is restored, the boundaries and their orientation and the drawing-up of a new set of information under the cadastral decree 23a shall be established in order to know their actual acumen at the time of processing the list of claims and to allow the procedure within the meaning of Article 8 (1) of the Law under a specific legislation. 24) If these non-localised parcels form a territorial unit, the boundaries of all parcels will be identified and targeted, or the result of the transformation of the original land register and the real estate map will be used to focus the real situation.
(7) For detailed measurement of the half-life, the elements required for the design of land treatment (e.g. drainage shafts, irrigation hydrants, water springs, surface drainage, limits, underground lines, woodlines growing outside the forest, slopes, culverts, paths of concentrated surface water drainage, fencing and construction of permanent crops) shall be targeted in addition to the necessary educational content.
Processing of land owners' list of claims
(1) The inventory of land owners (25) shall be drawn up in the table set out in point 6 (a) of the Annex. It does not include the price of timber grown outside the forest (for example, land-based airfields), if agreed with the owner of the land. In the course of the processing of the land modification proposal, the list of claims is specified (for example due to the modification of the perimeter of the land modification and the change of the heading of the parties within the meaning of Article 9 (6) of the Act or the settlement of the joint ownership within the meaning of Article 9 (13) of the Act); the specific claim shall be served on the owner concerned with the deadline for objection26).
(2) In the case of the land referred to in Article 3 (3) of the Act, if the owner agrees to the solution within the meaning of Article 2 of the Act, the written consent of the owner of the land concerned shall be given in Table 1 of the Annex. This table shall also include the written consent of the owner of the land concerned to the non-valuation of timber within the meaning of paragraph 1.
(3) If the co-ownership is settled only after an inventory of claims has been unloaded, their claims shall be adjusted for the owners concerned in the sense of the co-ownership settlement agreements concluded.
(4) The Land Authority and the results of the land-based activities under the cadastral decree 23a are attached to the objections submitted to the land not covered by Article 2 of the Act, which the Land Office transmits to the cadastral office pursuant to Article 8 (1) of the Act.
Joint equipment plan
(1) The joint gear plan shall be drawn up in such a way as to include an overview of all proposed joint installations, including changes in land types; (28) where appropriate, those changes to the types of land not covered by the proposed joint measures are specified in particular. The plan shall also include an overview of the area of land to be set aside for the implementation of joint facilities, with a breakdown into land owned by the State, the municipality and, where appropriate, the land of other owners.
(2) The joint gear plan shall not be processed if it is a simple land modification carried out for the purpose of specifying or reconstructing the allocation (29) or if no joint gear is proposed.
(3) The results of the detailed field survey referred to in Article 3 (2) shall be evaluated together with the conditions of the authorities concerned (30) and shall be reflected in the draft joint gear plan. The proposal shall be discussed with these authorities on the control date. 31)
(4) In the plan of joint installations, the entire perimeter of land-based adaptations shall also be assessed in terms of erosion hazards and flood risks, the possibility of land retention in relation to water protection. The current situation and, where appropriate, the proposal for anti-erosion measures shall be assessed on the basis of the calculation of the average land loss and its comparison with the permissible land loss value determined according to the depth of the soil profile. The use of individual methods of protection is decided in particular by their effectiveness, the required reduction in soil skid, the reduction of maximum flows and the necessary protection of water resources, watercourses, water tanks and built-up parts of the municipality. The interests of soil, water and landscape protection take precedence over other land requirements. The plan of joint installations in the part aimed at anti-erosion and anti-flood measures shall be accompanied by a proposal for agro-technical measures with which land owners shall be demonstrably acquainted; Notes under Table 2 shall indicate that the parcels concerned are subject to agri-technical measures in accordance with the joint gear plan.
(5) For common facilities, priority shall be given to land redeemed or donated to the State and listed in point 7 (b) of the Annex.
(6) When compiling a graphic computer file of a new digital cadastral map, the types of land are adapted to the resulting ownership boundaries of the new land; the related details of the assessments are not considered to be contradictory to the draft joint gear plan for which the authorities concerned have already expressed their views.
(7) The implementation of the elements of the environmental stability system as set out in the joint establishment plan shall mean the planting and management of the crop for a period of 3 years from its planting.
(8) The design and implementation of joint facilities at a place where the drainage system, underground lines or equipment, etc., is already in place, should be carried out in such a way as to avoid a breach of the function of such facilities.
Proposal for a new land arrangement
(1) In the processing of the proposal for a new arrangement of land, the requirements of the landowners shall not be taken into account if they are contrary to the joint facilities plan discussed and in a specified manner of land use. The consent of the owner to the resulting arrangement of his land (32) shall be expressed by signature on the relevant form referred to in point 8 (a) of the Annex. If the owner does not agree with the reorganisation of the land, the Land Authority shall assess the reason for its disagreement and re-negotiate with it; the conduct in which the owner does not agree with the reorganisation of the land shall be demonstrated by the registration.
(2) In the organisation of new land, a distance criterion (33) takes account of the fact that, in particular, line construction (e.g. motorways, roads, railway tracks) or watercourses do not become an obstacle to the actual availability of land.
(3) The design and labelling of new parcels must comply with the requirements of the specific legislation. 19) The proposal for a new arrangement of land is processed in the coordinate system of the Single Trigonometric Catastral Network. 20)
(4) The dimensions of the new parcels shall be calculated from the coordinates of the fractional points of the parcel boundaries, rounded to the nearest square metre.
(5) In processing the design of the new land arrangement, account shall be taken of the updated status of the cadastral data; the method and frequency of the update shall be based on the needs that arise during land-based modifications.
(6) In the case of comments made on the land design, 34), the Land Authority shall proceed in such a way as to assess the comments and, where appropriate, to discuss with the owners concerned and to give written notice to the owners. If the owner has given his consent to the proposal, but has later raised objections on its issue, but which cannot be met, the Land Authority shall verify whether the owner continues to agree to the proposal or withdraws its consent.
(7) The map part of the land design shall be processed in software as required by the Land Authority; a graphic form shall be drawn up for transmission to that office.
(8) The results of the land modifications under the cadastral decree (35), which serve the Land Authority for the processing of a renewed cadastral operator, are transmitted to the cadastral authority. 35)
(9) In the case of land-use arrangements for specifying the allocations 35a), in addition to the formalities set out in the cadastral decree 35b), a comparison between the original and new land shall be drawn up together with the decision to determine the land border, including the registration of other legal relationships.
Land-based adjustments due to construction activities
If land treatment is induced by a builder, 36) a study shall be carried out to determine the extent of the site of the construction works concerned and its share of the cost of land treatment. The Land Authority shall invite the builder to choose the processor of the study.
Forms of the land design
The elements of the land modification proposal are set out in the annex to this decree.
Efficacy
This Decree shall take effect on 1 January 2003.
Minister:
Ing. Palas v. r.
Annex to Decree No 545 / 2002 Coll.
IMPLEMENTATION OF THE PROPOSAL
The elements of the land modification proposal are:
1. Land modification accompanying sheet
The accompanying sheet shall contain:
(a) the name of the land office;
(b) name of land modification (form);
(c) the region;
(d) the municipality,
(e) the cadastral territory;
(f) the prevailing grounds for land modification;
(g) the basic objectives of the land modification;
(h) the area of the area concerned;
(i) the number of certificates of ownership at the start of the land modification and in the approved proposal;
(j) the number of parcels at the start of land modifications and in an approved proposal;
(k) processor (name - name, identification number / ID number / or contract number)
- preparatory work
- geodetic work related to the proposal
- joint gear plan
- land design,
(l) date
- start of preparatory work
- notification of the opening of land-based adjustments
- focusing on the real state
- landing of entitlements
- acceptance of the joint gear plan
- Issue of land-use design
- final hearing
- control days,
m) costs (in thousand CZK)
- preparatory work
- the focus of the actual state including the completion of the detailed point position field
- processing of the design of land modifications
- other work (e.g. land purchases, study production according to § 11, establishment of material burdens),
n) expected cost (in thousand CZK)
- acquisition of a digital cadastral map (or geometrical plans), layout and land designation
- implementation total, of which
- measures to make land available
- anti-erosion measures
- water management measures
- measures to protect and create the environment
- other measures.
2. Summary report
Briefly characterises the activities and results according to the content of each of the following points 3 to 8. The conclusion of the summary report shall be an assessment of the benefits of land-based adjustment in relation to the objectives set.
3. Documentation on the preparation of land modification proceedings
Contains
(a) a summary of the supporting documents for the design of land modifications
- evidence of the real estate register
- available project documentation processed in the pet area (for example water and mellioration projects and earlier land modifications)
- legislation and methodological instructions
- land planning documents and land planning documents
- water protection documents,
(b) conditions imposed by the cadastral office;
(c) an agreement with the cadastral office on the processing of documents for the renewal of a set of geodetic information for land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-based land-use-based land-use-based land-based land-based land-based land-based land-use-based land-based land-based land-use-based land-based land management (not-based land-based land-based land-use-for-use-use-use-land-use-use-for-for-use-use-for-land-use-use-use-for-land-use-use-use of-for-for-for-for-for-for-for-for-for-for-
(d) the conditions imposed by the administrative authorities for the protection of interests under specific legislation, including supporting documents for the determination of the perimeter of land-based adjustments;
(e) opinions of undertakings and natural and legal persons (e.g. Agricultural water management, river basin management, civil engineering management).
4. Analysis of Current Status
Contains
(a) the characteristics of natural conditions (e.g. climatic, hydrological, temperature, phenological, precipitation, geological and soil conditions);
(b) a description of the territory (for example, fragmentation, landscape character, structure of the soil fund, protected landscape area, sanitary protection zones, protection zones of water resources, representation of trees growing outside the forest, dominance, geobiocenological differentiation of the territory, bioregion, biochorie, vegetation stages, groups of types of geobiocene),
(c) economic use of the territory, environmental impact (characteristics of agricultural production, forest production, other use of the territory - e.g. extraction of raw materials, industry, water collection, recreation, specific interests in the territory - for example, state defence installations, overhead and underground lines and installations),
(d) evaluation of the results of detailed field surveys, in particular:
- transport system (transport network density, communication status, etc.)
- soil protection (soil degradation, water erosion manifestations and causes, erosion hazard assessment, other causes of soil damage - such as flooding, immigration, mining, etc.)
- water conditions (density, location and status of the water-based network, water-relevant sites and major installations, flood areas and areas intended for flood spills, description of individual flows, ponds, water tanks, drainage and irrigation structures, etc.)
- landscape and nature (ecological stability of the territory and the causes of its disruption, significant landscape elements, skeleton of ecological stability, generic local territorial system of ecological stability - bio-centres, biologists, interaction elements, specially protected areas, European sites and bird areas, etc.),
(e) evaluation of the documents collected
- land register
- conditions of administrative offices and of the undertakings and legal and natural persons concerned
- land planning documentation and land planning documents
- project documentation processed in the pet territory (assessment of the usability of earlier documentation).
5. Documentation to determine the perimeter of land modifications
Contains
(a) the addition of a detailed position point field as discussed with the cadastral office (technical report, clear sketch, as well as, for example, defects and changes at the existing points of the base and detailed position point field, the list of coordinates and heights, the measurement notes, calculations reports and geodetic data);
(b) the results of the survey of the progress of the borders (technical report, protocols on border surveys including drawings with an overview of the relevant leaf elements, a list of coordinates, geometrical plans and records of detailed measurement of changes to determine the perimeter of land modifications and, for example, a list of local and local nomenclature, other documents relating to the identification of the progress of the borders, situations 1: 2000 or 1: 2880 with a outline of the perimeter of land modifications, records of detailed measurements of changes, geometric plans and map sheets);
(c) detailed orientation of the half-book and, where appropriate, of the altimeter (technical report, measurement sketches and their overview, detailed measurement notebooks, calculation protocols, list of coordinates of auxiliary detailed points, detailed measurement map 1: 2000);
(d) calculation of the area of the land-based adjustment perimeter from coordinates, calculation of the area according to the property register and calculation of the correction coefficient according to § 7 (4),
(e) an overview of the parcels by parcel numbers in the area of land treatment, of which the parcels (exchanged) and unresolved, for which only a set of geodetic information will be restored,
(f) documentation to change the boundaries of the cadastral territory (to be processed in accordance with a specific legislation, 16)] if it occurs.
6. Documentation on the inventory of land owners' claims
Contains
(a) an alphabetical register of the owners of the land, specifying the information referred to in Article 5 (2) of the Act and the number of the title,
(b) a list of the numbers of the hands of ownership with the particulars provided for in Section 5 (2) of the Act;
(c) extracts from the title;
(d) an overview of the land with material burden, lien and, where applicable, pre-sale law (Section 11 (13) of the Act), where such liabilities are such;
(e) a list of sites with protected interests in accordance with the special rules registered in the area of land-based treatment, as defined by the competent administrative authorities on the basis of the notification of the commencement of land-based treatment;
(f) an inventory (balance) of land owners' claims (see Table 1),
(g) documents relating to the negotiation of land with land owners in accordance with Article 9 (13) of the Law;
(h) confirmation by the municipal authority of the unloading of an inventory of land owners' claims, including proof of its delivery to known owners, and evidence of the discussion of the owners' objections to that inventory.
7. Joint Equipment Plan
Contains
(a) technical report
- the introductory part (starting materials, purpose and overview of the proposed measures, principles for the processing of the joint facilities plan, taking into account the conditions laid down by the administrations)
- measures to make land available (principles of transport system design and discussion, categorisation and basic parameters of the spatial layout of main and secondary roads, objects and equipment affected by travel network design, overview of travel network)
- anti-erosion measures for the protection of the agricultural soil fund (overview of proposed measures against water erosion and assessment of their effectiveness, proposed measures against wind erosion, overview of other measures proposed for soil protection)
- water management measures (in particular measures proposed to improve water conditions, to drain surface water from the territory, to protect against floods, to protect surface water and groundwater, to protect water resources, measures for existing water works on water courses and buildings for irrigation and drainage)
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 545 / 2002 Coll., on the procedure for the implementation of land-based treatment and the formalities for the design of land-based treatment |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0