Decree No. 620 / 2004 Coll.
Order amending Decree No. 432 / 2001 of the Ministry of Agriculture Coll., on documents of application for a decision or observations and on the formalities for authorisation, consent and expression of the Water Authority, as amended by Decree No. 195 / 2003 Coll.
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Effective from 01.01.2005
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620
DECLARATION
of 29 November 2004
amending Decree No. 432 / 2001 of the Ministry of Agriculture Coll., on documents of application for a decision or observations and on the particulars of the authorisation, the consent and the opinion of the Water Authority, as amended by Decree No. 195 / 2003 Coll.
The Ministry of Agriculture in cooperation with the Ministry of the Environment provides, pursuant to § 115 (2) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act):
Decree No. 432 / 2001 Coll., on the documents of the application for a decision or observations and on the formalities for the authorisation, consent and expression of the Water Authority, as amended by Decree No. 195 / 2003 Coll., is amended as follows:
1. in Paragraph 1 (a):
"(a) the documents submitted by the applicant to the water authority in the case of an application for:
1. a permit for the treatment of surface water or groundwater pursuant to § 8 (1) (a) or (b) of the Water Act, with the exception of an authorisation under point 2;
2. a permit to collect groundwater pursuant to § 8 (1) (b) (1) for the needs of individual citizens (households);
3. authorisation to discharge waste water into surface water pursuant to § 8 (1) (c) of the Water Act, with the exception of the authorisation to discharge waste water into surface water referred to in point 4;
4. the permit for the discharge of waste water into surface or groundwater waters pursuant to § 8 (1) (c) of the Water Act for the needs of individual citizens (households);
5. authorisation for certain activities under Paragraph 14 (1) of the Water Act;
6. building permits for water works pursuant to Section 15 of the Water Act, with the exception of building permits pursuant to point 7;
7. building permit pursuant to Section 15 of the Water Act for a domestic sewage treatment plant, well or other water part needed to collect groundwater for the needs of individual citizens (households),
8. Authorisation for use of water works pursuant to Article 15 of the Water Act (hereinafter the "approval decision"),
9. Authorisation for discharges of waste water containing a particularly dangerous substance into sewerage pursuant to Article 16 (1) of the Water Act;
10. granting consent under § 17 of the Water Act,
11. observations pursuant to Article 18 of the Water Act. '.
2. The heading of Section 2 reads: "Documents for the issue of a permit for the handling of surface or groundwater [K § 8 (1) (a) or (b) of the Water Act]."
3. in Article 2 (1) (a):
"(a) a map base of 1: 50 000 (or 1: 25 000 or 1: 10 000) with a schematic diagram of the place where the water is handled,"
4. in Article 2 (1) (b) to (d), including footnote 1:
"(b) decisions, opinions, observations, agreements, assessments or other measures of the public authorities concerned concerning the case, where required by specific legislation1) as a basis for initiating the procedure,
(c) a copy of the cadastral map of the territory to which the authorisation relates, including a representation of the place where the water is handled and, in the case of uplift, with an indication of the extent and length of air;
(d) a copy of the permit for the construction of the waterworks and the approval decision, if the required water permit is related to the existing waterworks and has in the past been issued by a water authority other than the one currently competent to issue the water permit, if the applicant has it;
1) For example, Act No. 114 / 1992 Coll., on the Protection of Nature and Landscape, as amended, Act No. 151 / 2000 Coll., on Telecommunications and on the Amendment to Other Laws, as amended, Act No. 458 / 2000 Coll., on the Terms of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment to Certain Laws (Energy Act), as amended, Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and on the Amendment to Certain Laws (Water and Sewerage Act), as amended. '
5. in Paragraph 2 (1) (e), the words "to the required water management" shall be inserted after the words "water catchment area."
6. In Article 2 (1) (f), the words "to the required water management 'shall be inserted after the words" water flow'.
7. in Article 2 (1) (g):
"(g) a document demonstrating the right to land and buildings by leaching the water concerned, where appropriate, that he has made a request for their expropriation or that he has taken measures to clarify the unambiguous ownership of such land and buildings or to establish the residence of their owners, if they are not known to him, ';
8. in Article 2 (1), the following points (h) to (j) are added:
"(h) the expression of a person with professional competence, where the application for authorisation for the treatment of water concerns groundwater, including the assessment of the origin of the water (shallow or deep circulation), the possibility and extent of affecting the surrounding groundwater sources and the design of minimum groundwater levels, where such treatment may result in a significant reduction of groundwater level (1a), unless the Water Authority decides otherwise in exceptional cases (Section 9 (1) of the Water Act);
(i) water flow data in the water stream (Q330 day, Q355 day, Q364 day and Qa long-term average), where the application for authorisation concerns the water flow and the required water management may result in a reduction in the water flow,
(j) the list and nature of the protected territories and protection zones established under specific legislation1), if they could be affected by the management of waters.
1a) Act No. 62 / 1988 Coll., on Geological Works and on the Czech Geological Authority, as amended. '
9. In Section 3, the words "with water 'are replaced by the words" with surface water or groundwater under Section 8 (1) (a) or (b) of the Water Act'.
10. in Section 3, footnote 2 reads:
"2) For example Act No 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended."
11. in Article 3 (a), the words "names," where appropriate, and permanent residence "shall be inserted after the words" permanent or temporary residence "and the words" permanent or temporary residence "shall be replaced by the words" or its organisational components. "
12. in § 3 (d), the words "water flow kilometres" are replaced by the words "river water flow kilometres."
13. in Article 3 (g), the words "obligation and imposition" shall be deleted;
14. in Article 3 (f), the words "and quality" shall be deleted;
15. in Article 3, the following point (i) is added:
"(i) determination of the location of the water handling site (indicative of X, Y2a coordinates).
(2a) Government Decree No 116 / 1995 Coll., establishing geodetic reference systems, state map works binding throughout the country and the principles of their application. '
16. The following Sections 3a to 3f are inserted after Section 3, including the headings and footnotes No 2b:
Documents for the issue of a groundwater permit for individual citizens (household)
[K § 8 (1) (b) (1)]
(1) The applicant submits to the application:
(a) a map base of a scale of 1: 50 000 (or a scale of 1: 25 000 or 1: 10 000) with a schematic drawing of the ground water sampling site, unless, at the same time as the groundwater collection, a related water work is required,
(b) a copy of the cadastral map of the territory to which the authorisation relates, including the representation of the place of collection of groundwater;
(c) the expression of a person with professional competence, including the assessment of the origin of the water (shallow or deep circulation), the possibility and extent of influencing the surrounding groundwater sources and the design of minimum groundwater levels, where such treatment may result in a significant reduction in groundwater levels),
(d) a copy of the permit for the construction of the waterworks and the approval decision, if the required water permit is related to the existing waterworks and has in the past been issued by a water authority other than the one currently competent to issue the water permit, if the applicant has it;
(e) decisions, opinions, observations, agreements, assessments or other measures of the public authorities concerned concerning the case, where required by specific legislation1) as a basis for initiating proceedings.
(2) The documents referred to in paragraph 1 shall be submitted by the applicant to the water authority together with the application, the model of which is set out in Annex 2.
Forms of groundwater permit for individual citizens (household)
The permit to collect groundwater for the needs of individual citizens (households) except for the formalities laid down by specific legislation2) contains:
(a) the name and, where applicable, the name, surname and address of the place of permanent or temporary residence of the natural person who is granted a permit to collect groundwater;
(b) the purpose and extent of handling of waters;
(c) the period of authorisation;
(d) the number of the hydrogeological area of the groundwater collection site;
(e) information on the quantities of groundwater collected, as well as other data under the Water Law or legislation issued under it;
(f) laying down the conditions under which the handling of waters is permitted;
(g) settlement of any objections to the parties;
(h) the location of the groundwater collection site (indicative of X, Y2a coordinates).
Documents for the issue of a permit to discharge waste water into surface water
[K § 8 (1) (c) of the Water Act]
(1) The applicant submits to the application according to the nature of the type of treatment of surface water
(a) a map base of a scale of 1: 50 000 (or a scale of 1: 25 000 or 1: 10 000) with a schematic drawing of the waste water discharge site;
(b) a copy of the cadastral map of the territory to which the authorisation relates, including a representation of the place of waste water discharge;
(c) the opinion of the river basin administrator on the required waste water discharge;
(d) the opinion of the competent water flow manager on the required waste water discharge where the application for authorisation relates to that water stream;
(e) a copy of the permit for the construction of the waterworks and the approval decision, where the required water permit is related to the existing waterworks and has in the past been issued by a water authority other than the one currently competent to issue a water permit, if available to the applicant;
(f) decisions, opinions, observations, agreements, assessments or other measures of the public authorities concerned concerning the case, where required by specific legislation1) as a basis for initiating proceedings,
(g) water flow data (Q355 daily) when the application for authorisation concerns water flow;
(h) water quality data at Q355 daily flow rate (or minimum guaranteed flow rate) of water in the water stream or a value with an annual probability of not exceeding 95% at the place where the discharge of waste water into surface water is to be authorised if the application for authorisation concerns water flow;
(i) the list and nature of the protected territories and protection zones established under specific legislation1), if they could be affected by the management of waters.
(2) The documents referred to in paragraph 1 shall be submitted by the applicant to the water authority together with the application, the model of which is set out in Annex 3.
Formats of authorisation to discharge waste water into surface water pursuant to § 8 (1) (c) of the Water Act
The authorisation for the handling of surface waters, other than those laid down in specific legislation2b) contains:
(a) the name and, where applicable, the name, surname and address of the place of permanent or temporary residence of the natural person, and, where applicable, his business and the place of business, if the entrepreneur, name or business name, identification number and registered office of the legal person or its organisational component, which is granted a water permit;
(b) the purpose and extent of handling of waters;
(c) the period of authorisation;
(d) the name of the watercourse, the number of the hydrological order of the river basin and the indication of the river kilometer of the watercourse, if the permit concerns the watercourse;
(e) information on the quantity and quality of waste water discharges, as well as other information under the Water Law or legislation issued under it;
(f) laying down the conditions under which the handling of waters is permitted;
(g) settlement of any objections to the parties;
(h) the location of the waste water discharge site (indicative of coordinates X, Y2a).
(2b) For example, Act No 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended, Decree No. 61 / 2003 Coll., on the Indicators and Values of Acceptable Pollution of Surface Water and Waste Water, on the Authorisation for Discharges of Waste Water into Surface Water and Sewerage and on Sensitive Areas.
Documents for the issue of a permit for the discharge of waste water into surface or groundwater water for the needs of individual citizens (household)
[K § 8 (1) (c) of the Water Act]
(1) The applicant submits to the application:
(a) a map base of a scale of 1: 50 000 (or a scale of 1: 25 000 or 1: 10 000) with a schematic drawing of the waste water discharge site;
(b) a copy of the cadastral map of the territory to which the authorisation relates, including a representation of the place of waste water discharge;
(c) the opinion of the water flow manager;
(d) an assessment of the impact of discharges on groundwater quality;
(e) a copy of the permit for the construction of the waterworks and the approval decision, where the required water permit is related to the existing waterworks and has in the past been issued by a water authority other than the one currently competent to issue a water permit, if available to the applicant;
(f) decisions, opinions, observations, agreements, assessments or other measures of the public authorities concerned concerning the case, where required by specific legislation1) as a basis for initiating proceedings,
(g) water flow data (Q355 daily) when the application for authorisation concerns water flow;
(h) water quality data at Q355 daily flow rate (where applicable, minimum guaranteed flow rate) of water in the water stream or a value with an annual probability of not exceeding 95% at the place where the discharge of waste water into surface water is to be authorised if the application for authorisation concerns water flow.
(2) The documents referred to in paragraph 1 shall be submitted by the applicant to the water authority together with the application, the model of which is set out in Annex 4.
Formats of authorisation for discharges of waste water into surface or groundwater water for the needs of individual citizens (households) pursuant to § 8 (1) (c) of the Water Act
The permit for the treatment of surface or groundwater for the needs of individual citizens (households), except for the formalities laid down in specific legislation2b) contains:
(a) the name and, where applicable, the name, surname and address of the place of permanent or temporary residence of the natural person who is granted a permit to discharge waste water into surface or groundwater;
(b) the purpose and extent of handling of waters;
(c) the period of authorisation;
(d) the name of the watercourse, the number of the hydrological order of the river basin and the indication of the river kilometer of the watercourse, if the permit concerns the watercourse;
(e) the number of the hydrogeological area of the place where the water is handled where the authorisation relates to the treatment of groundwater;
(f) information on the quantity and quality of waste water discharges, as well as any other information provided for by the Water Act and the legislation issued under it;
(g) laying down the conditions under which the handling of waters is permitted;
(h) settlement of any objections to the parties;
(i) determination of the location of the waste water discharge site (indicative of X, Y2a coordinates). ';
17. In Section 4, the words "selected 'and" points (a) to (c)' are deleted.
18. in Article 4 (1) (a):
"(a) a map base of 1: 50 000 (or 1: 25 000 or 1: 10 000) with a schematic diagram of the place of work,"
19. in Article 4 (1), the words "for authorised activities" shall be inserted after the words "the water catchment area."
20. in Article 4 (1), the words "to authorised activity" shall be inserted after the words "water flow."
21. in Paragraph 4 (1) (e):
"(e) a copy of the cadastral map of the territory to which the authorisation for certain activities relates, describing and indicating the place of implementation of those activities;"
22. in Article 4 (1) (f):
"(f) decisions, opinions, observations, agreements, assessments or other measures taken by the authorities concerned concerning the case, where required by specific legislation1) as a basis for initiating proceedings,";
23. in Article 4 (1), the following point (g) is added:
"(g) documentation of the authorised activity, including a description of its anticipated effects on the environment."
24. in Paragraph 4 (2), "Annex 2" is replaced by "Annex 5."
25. In Section 5, the word "selected 'is deleted.
26. In the introductory phrase of Section 5, the word "selected 'is deleted.
27. in Article 5 (a), the words "names," "permanent residence" shall be replaced by "and the address of the place of permanent or temporary residence," the words "was given" shall be replaced by the words "shall be given" and the words "or its constituent parts" shall be inserted after the words "registered office of the legal person."
28. in Article 5 (b), "authorised" is replaced by "authorised."
29. in Article 5 (d), the words "water flow kilometres" are replaced by the words "river water flow kilometres."
30. in Article 5 (f), the words "duty, where appropriate," shall be deleted;
31. in Article 5, the following point (h) is added:
"(h) the location of the authorised activity (indicative of X, Y2a coordinates).";
32. in Article 6 (1) (a), footnote 3 reads:
"3) Decree No. 132 / 1998 Coll., implementing certain provisions of the Construction Act, as amended by Decree No. 492 / 2002 Coll. '.
33.In Article 6 (1) (b):
"(b) project documentation which, in the case of authorised water works, is presented with a border water flow in a number determined under an international agreement which the Czech Republic is bound by, and which also includes:
1. the list and nature of the protected territories and protection zones established under specific legislation1), where they could be affected by the construction and management of waters;
2. data on water flows in the water flow according to the type of water work (Qm-day, Qn-year), if the application for authorisation concerns water flow, '.
34. in Article 6 (1), the following points (g) and (h) are added:
"(g) the agreement of the building authority responsible for the decision-making of the zoning or, where appropriate, the statement of compliance of the proposed construction with the plans of zoning (4);
(h) an assessment of the need or, where appropriate, a proposal for conditions for the implementation of the technical safety oversight on a water work processed by a competent person authorised by the Ministry of Agriculture (5) in the case of an application for the authorisation of a new or a modification of a completed water work for raising or retaining water.
4) Article 120 (2) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
5) Paragraph 61 (9) of the Water Act. '
35. in Paragraph 6 (2), "Annex 3" is replaced by "Annex 6";
36. in § 7 (b), the words "water flow kilometres" are replaced by the words "river water flow kilometres."
37. in Article 7, the following point (d) is added:
"(d) determination of the position of the water work (indicative of coordinates X, Y2a).";
38. The following Sections 7a to 7f are inserted after Section 7, including the headings and footnotes No 6:
Documents for the issue of a building permit to a household sewage treatment plant, well or other water part needed to collect groundwater for the needs of individual citizens (household)
(K § 15 of the Water Act)
(1) The applicant submits to the application according to the nature of the waterworks
(a) the documents accompanying the application for a building permit pursuant to the special legislation (3);
(b) the agreement of the building authority responsible for issuing the zoning decision or, where appropriate, the statement of compliance of the proposed construction with the zoning planning4);
(c) the authorisation of the Water Authority for the treatment of waters under Section 8 of the Water Act, if it was issued for the construction in question in advance by an authority other than the competent authority for the issue of the construction permit;
(d) the statement of the water authority issued for the subject-matter of the permit under Paragraph 18 of the Water Act, provided that it has been issued by a water authority other than the competent authority for the issue of the building permit.
(2) The documents referred to in paragraph 1 shall be submitted by the applicant to the water authority together with an application the model of which is set out in Annex 7.
Formats of building permit for a household sewage treatment plant, well or other water part needed to collect groundwater for the needs of individual citizens (household)
The building permit for a household sewage treatment plant, a well or other water part needed to collect groundwater for the needs of individual citizens (households), except for the formalities laid down by specific legislation3) contains:
(a) basic data on construction, its breakdown, technical installations;
(b) the name of the watercourse, the number of the hydrological order of the river basin and the indication of the river kilometer of the watercourse where the application for a building permit concerns a domestic sewage treatment plant;
(c) the number of the hydrogeological area where the application for a building permit concerns a well or other building needed to collect groundwater or discharge waste water into groundwater;
(d) determination of the position of the waterworks (indicative of coordinates X, Y2a).
Documents for the issue of the approval decision
(1) The applicant shall submit to the application, in addition to the particulars laid down in specific legislation6)
(a) the documents accompanying the application for a approval pursuant to the specific legislation3);
(b) documents which are conditional on the issue of a building permit or whose proof of approval has been imposed by a decision under the Water Act (Paragraph 59 (2) of the Water Act);
(c) proof that the new owner of the building became the legal successor of the original builder, if during the construction, the builder changed,
(d) a copy of the permit for the construction of a waterworks, provided that it has previously been issued by another water authority;
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Regulation Information
| Citation | Decree No. 620 / 2004 Coll., amending Decree No. 432 / 2001 of the Ministry of Agriculture Coll., on documents of application for a decision or observations and on the formalities for authorisation, consent and expression of the Water Authority, as amended by Decree No. 195 / 2003 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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