Government Decree No. 682 / 2004 Coll.

Government Regulation defining the Pálava Bird Region

Valid Effective from 31.12.2004
Contents
682
GOVERNMENT REGULATION
of 8 December 2004
defining the Pálava Bird Region
The Government orders pursuant to § 45e paragraphs 1 and 2 of Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended by Act No. 218 / 2004 Coll.:
§ 1
Subject matter
(1) The bird region of Pálava ("the bird region") is defined.
(2) The protection of the birds' areas are the stocks of white stork (Ciconia ciconia), eagle (Haliaeetus albicilla), honey bee (Pernis apivorus), strakapoude (Dendrocopos syriacus), medium stork (Dendrocopos medius), walrus (Sylvia nisoria), white leech (Fispula albicollis) and juniper (Lanius collurio) and their biotopes.
(3) The purpose of the protection of the birds' area is to preserve and restore ecosystems relevant to birds' species as referred to in paragraph 2 on their natural grounds of enlargement and to ensure conditions for the conservation of the populations of those species in a favourable conservation situation.
§ 2
Definition of bird area
(1) The birds' area is situated in the territory of the South Moravian Region, in the cadastral territories of Bavaria, Bulgaria, Lower Vestonice, Upper Vestonice, Klentnice, Mikulov in Moravia, Milovice near Mikulov, Nové Mlýny, Pavlov near Lower Věstonic, Perná and Sedlec near Mikulov.
(2) The territorial demarcation and description of the border of the bird area are set out in Annex 1 to this Regulation, the indicative graphical representation of the bird area is set out in Annex 2 to that Regulation.
(3) The map documents of the scale 1: 25 000, in which the territory of the birds' region is drawn, are stored in the central list of nature protection1) and in electronic form at the Ministry of the Environment, the Pálava Landscape Administration, the South Moravian Region Regional Office and the municipal authorities of the enlarged municipalities whose administrative area is located.
§ 3
Activities to which the consent of the nature protection authority is required
(1) Only with the prior agreement of the competent authority of nature protection (2) may the territory of municipalities be located in the birds' area outside the concurrently built and stoppable (3)
(a) carry out all toll and pre-toll mining and mechanized work in the forestry activity in the vicinity of known occupied forest nests, at a distance of less than 200 m, between 1 May and 15 August and the eagle, at a distance of less than 300 m, from 1 January to 15 July;
(b) change the type of land and the means of usingit (4);
(c) to reposition hunting gear at a distance of less than 200 m from known forest nests and less than 300 m from known eagle nests.
(2) Prior consent of the competent nature conservation authority is not required
(a) the activities referred to in paragraph 1 (a) and (c) in the case of measures preventing or hindering the effects of harmful factors on the forest, and measures in the event of exceptional circumstances and unforeseen damage in the forest under special legislation (5);
(b) in the implementation of road operations6);
(c) the activities referred to in paragraph 1 in the case of activities carried out under specific legislation7) in the territory of the specified conquest area and exclusive bearings;
(d) the activities referred to in paragraph 1 (b), where such activities are subject to a decision pursuant to a specific legislation (8) and have been given an opinion by the competent nature conservation authority.
(3) The localisation of known occupied nests referred to in paragraph 1 (a) shall be communicated in writing to the owners of the forest land concerned by the competent nature conservation authority before or during the period of limitation of mining activities.
§ 4
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
JUDr. Gross v. r.
Minister of Environment:
RNDr. Ambrozek v. r.

Příloha č. 1

Annex No. 1 to Government Decree No. 682 / 2004 Coll.
Territorial demarcation and description of the border of the Pálava Area
In the south, the border of the bird region of Pálava begins on the Czech-Austrian state border at the road bridge on the communication *) Mikulov- Wildendürnbach and leads along this road * *) to the railway line Znojmo-Břeclav. It crosses the southeast of Mikulov Station, breaks northwest and leads along the groove body. It then passes on to the body of the railway train leading into the industrial zone and continues after it to the premises of the company Českomoravská limestone (limestone), located north of the railway station. At the nearest point of approach of the train to the street K Vápence, it moves to this street and follows it in the northeast direction until its exit on the street Brno. From there it continues northwest along the Brno street until its result on the I / 52 Mikulov- Brno. Furthermore, the border of the area along the eastern edge of this road continues towards the north-west to north towards the Court of the Burnished Pub, where it passes to the east edge of road No II / 420 turning northeastern via the Upper Vestonice to the Lower Vestonice. From Lower Věstonic the border of the birds' area of Pálava continues along the southern edge of the road to Milovice and from Milovice further along the road No II / 421 to the village of Nové Mlýny. Before the New Mill, the border crosses the road bridge over the Dyja River on the left bank of the river and follows it east to south-east towards the village of Bulgaria. Following the left bank it leads further below the municipality of Bulgaria and in the place of the largest proximity of the river to the village (JV from the village, at the crossing point with the electrode) the border perpendicular to the river Dyji southwest towards the local road (locally called the Garden), crosses the road Bulgaria-Refrigerator and continues further after the unpaved service communication around the football field until its result on the road Bulgaria-Sedlec and further southwest along that road to the intersection with the road Mikulov-Refrigerator. Following this road leads west towards Mikulov and after about 400 m turns south towards the local road to Sedlec village. This road is followed only after the result of the field road * * *) leading from booth 251, along which it continues in the eastern direction to the intersection with another field road leading from booth 252. On the crossing of the roads it turns perpendicular to the south and along the field road it goes to the north bank of the Nesyt pond, copying its northwest bank along the mouth of the beelinek stream. Following its northern bank, it continues in the western direction to the first concrete bridge and from there it passes to the concrete pavement heading from the village towards the railway station Sedlec. Following the pavement to road No II / 414 Mikulov- Břeclav crosses this road, gets on the railway track, breaks northwest and continues along the track groove line Znojmo-Břeclav to the intersection with the former road number I / 52 Mikulov- Vienna at booth 198,3. Here, the border of the quarry to the south and along this road approaches the Czech-Austrian border and continues along the state border towards the west until the starting point on the bridge to the asphalt communication Mikulov- Wildendürnbach, where the border of the birds' area of Pálava is closed.
Explanatory notes:
*) If the text of the Annex indicates that the border is guided by road communication, it is expressed as it leads on the edge of the road auxiliary parcel, and that it is the border facing the bird's area.
* *) If the text of the Annex indicates that the border leads on the road, it is expressed that it leads on the edge of the road auxiliary plot, and that it leads on the edge of the bird's area.
* * *) If the text of the Annex indicates that the border leads along the road, it is expressed that it leads along the edge of the road, namely the border facing inside the bird area.

Příloha č. 2

Annex No 2 to Decree No 682 / 2004 Coll.
Indicative graphical representation of the Pálava Bird Region

1) Article 42 of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 218 / 2004 Coll.
2) Sections 77a (3) (v) and 78 (2) of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll.
3) § 139a of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.
4) § 32 paragraph 1 of Act No. 50 / 1976 Coll. § 2 paragraph 3 and § 6 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll. and Act No. 120 / 2000 Coll.
5) § 32 paragraphs 1 and 2 of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
6) Article 34 of Act No. 13 / 1997 Coll., on Road, as amended.
7) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 226 / 2003 Coll. and Act No. 227 / 2003 Coll. Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll., Act No. 10 / 1993 Coll., Act No. 168 / 1993 Coll., Act No. 132 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 366 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 61 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 150 / 2003 Coll.
8) § 39 et seq. of Act No. 50 / 1976 Coll.

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Regulation Information

CitationGovernment Decree No. 682 / 2004 Coll., defining the Pálava Bird Region
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation31.12.2004
Effective from31.12.2004
Effective until-
Status Valid
The regulation text is for informational purposes only.
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