Government Decree No. 688 / 2004 Coll.

Government Order defining the Doup Mountain Bird Region

Valid Effective from 31.12.2004
Contents
688
GOVERNMENT REGULATION
of 8 December 2004
delimiting the Dairy Region of Doupo Mountain
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 birds' region of Doupo Mountain (hereinafter referred to as the "bird area") is defined.
(2) The object of the protection of the bird area are the populations of the stork (Ciconia nigra), the apivorus (Pernis apivorus), the bream (Bubo bubo), the flounder (Circus aeruginosus), the larch (Crex crex), the forest leech (Caprimulgus kabieus), the yellowtail (Picus canus), the black datum (Dryocopus martius), the walrus (Sylvia nisoria), the lanych (Lanius collurio) and the lees (Figula parva) 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) Kránek, Ráčovice, Ráčovice, Ráčovice, Ráčice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Ráčovice, Rážec, Rážek, Košek, Kráženice, Hora, Horní Tášetřice, Hora, Horní Zářevínov, Křenice, Kadán, Kadán, Kadán, Kadádádáš ský Rohozež, Karlovy, Kavy, Kálová nad
(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 given in Annex 2 to this Regulation.
(3) The map documents of the scale 1: 50 000, in which the territory of the bird region is drawn, are stored in the central list of nature protection1) and in electronic form at the Ministry of the Environment, the Regional Office of the Karlovy Vary Region, the Regional Office of the Ústí Region, the Military Forest Office, the municipal authorities of the enlarged municipalities in whose administrative district the bird area is located, and the Ústí Office of the military escape of the Hradista.
§ 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 between 15 March and 15 July at a distance of less than 200 m from known occupied black stork nests;
(b) carry out all toll and pre-toll mining and mechanized work in the forestry activity between 1 May and 15 August at a distance of less than 200 m from known occupied forest nests;
(c) carry out all tolls and pre-tolls and mechanized work in the forestry activity between 15 February and 30 May at a distance of less than 200 m from the known nest of a large hive,
(d) in the period from 1 March to 31 July, carry out tolls and pre-tolls in forest areas over 80 years of age with a beech presence of more than 80% and in all forest areas over 130 years of age;
(e) to carry out tolls and pre-tolls which have not been located in an approved forest economic plan or in the adopted forest economic curriculum;
(f) conduct an air application of biocides;
(g) carry out an aerial application of substances which may alter the chemical properties of the soil environment;
(h) use chemical agents for rodent control during the period from 15 February to 31 August in agricultural and forestry farming outside the areas of forest nurseries;
(i) carry out activities causing a change in the level of established surface and groundwater levels which could cause a change in the habitat of the species for which the bird area is established;
j) outline existing communication with new tourist, cycling and ski tracks4),
(k) to change the type of land and the means of usingit (5);
(l) to replace hunting facilities less than 200 m from the known nests of a stork of black, bee-eaters and known nests of a large hive;
(m) enter the lithoral crops of ponds from 1 April to 31 July, except for owners and tenants of land and hunting for the purpose of care of the ducks released.
(2) The consent of the competent authority of nature conservation is not required
(a) the activities referred to in paragraph 1 (a) to (e) in the case of a measure 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 (6);
(b) the activities referred to in paragraph 1, where priority is given to the use of military exit territory for State defence purposes (7);
(c) for the activities referred to in paragraph 1 (e), where such extractions have been notified at least 7 days in advance to the competent authority of nature conservation and for extractions which are not subject to notification obligations under special legislation8),
(d) for the activities referred to in paragraph 1 (i), where the procedure is in accordance with the waterworks rules (9);
(e) the activities referred to in paragraph 1 (g) in the case of arable land management activities;
(f) in the implementation of road operations10);
(g) the activities referred to in paragraph 1 (m) in the railway protection zone under special legislation (11);
(h) the activities referred to in paragraph 1, in the case of activities carried out under specific legislation12) in the territory of the designated conquest area and exclusive bearings;
(i) the activities referred to in paragraph 1 (k), where such activities are subject to a decision under special legislation (13) and have been given an opinion by the competent nature conservation authority.
(3) The location of known occupied nests and nests referred to in points (a) to (c) of paragraph 1 shall be communicated in writing to the owners of the forest land concerned by the competent nature conservation authority before or during the duration of the restrictions on 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. 688 / 2004 Coll.
Territorial demarcation and description of the border of the Dairy Region of Doup Mountains
The border of the bird region leads from the bridge in Kadani via the Ohři River on the road *) No II / 224 via the village Rokle to the intersection of this road and road III. Tř. on which it turns south to the village Vinara, further to the village Vinara, where the village of the border dodges in the southeastern direction and along the road leads to a cubicle 289 north of the Winarický pond. From there it goes south to a small water-tower, which leads to its confluence with the Vintířovský stream near the village of Vidolice. From there it returns against the stream of Vintířovský creek about 250 m to the confluence with a small watercourse flowing from the southwest, to which it crosses and leads west. In the place where the water tower is separated from the Vintířovský creek, it passes to it and still upstream to its pass under the road III. 3. From the winemaker to Zagerany at cubicle 291. From there it leads along this road south through the village of Zagerany to Vilémov. Here it continues against the flow of Liboc along this watercourse, after about 500 m it turns on the parallel field path * *) and continues along this path against the flow of Liboc to the village Radonice. It crosses the local small water tower near the box 308 and continues along the field road south under the hill Vilémovská hůrka (361m) to the field road between Radechov and Vitčice, on which the border of the bird area crosses and continues in the eastern direction to the road III. 3. On this road it goes south about 250 m, where it passes to the field road and leads along it in a southwest direction of about 2 km. At the intersection of the roads at booth 347, it crosses the road leading in the southeast direction parallel to the Rokel creek, which leads to the administrative border of the counties of Chomutov and Louny. Following this border (the border between K. Ú. Mašov and the Beautiful Court and between Mašov and K. Chmelistná) leads about 6.5 km first east, then south and finally southwest around the village of Germans up to the road III tr. Maštov- Chmelistná. It passes through the village and at the intersection of the III road three. It turns southeast on the road III. After about 1100 m he turns north on the border dividing k.ú. Chmelistná a k.ú. He did not think, he then passes to the border dividing k.ú. Beautiful Court and K. He did not think, k.ú. Bushkovice a K. K.ú. He did not think and eventually k.ú. Dvérek a K. He did not think. He follows this border all the way to 3rd Street. He did not think - Dwark, on which he continues in Dwarka. It passes through the village and south of the village it crosses the field road leading southwest. Following the field road at the foot of the Hlum on the road III tr. about 500 m east of the village of Dětáň, to which it passes and continues along it about 500 m east towards Kružín at the intersection of the roads near the booth 402. From there, the border dodges southwest and leads on 3rd Street to Vrbička. On the southern edge of the village Vrbka crosses the southeast border to the field road to Skytala. It passes through the village and leads south to the intersection of the field roads near the booth 406. From there it leads along the southwest road to Lower Záhoří to the 3rd street Libkovice - Libya. Following this road it leads west to the village of Libkovice, where it crosses the road leading parallel north of road No E48 (6) in western direction to Bošov, where it connects to road No E48, on which it continues in the western direction through Bochov, around the Angelica Mountain to the turn of St. Hubertus From here it leads along the local communication east, crossing the Vratt stream and the Třebán stream At the crossroads with road No II / 222 it crosses and leads west and northwest along the southern bank of Ohře. Cca 1 km southeast of the village of Věborovice passes at the level of the result of a smaller watercourse on the opposite bank near the cottage colony perpendicular to the other bank of the river. Following this watercourse, it leads in the north direction about 600m, then on booth 422 it passes to a forest road leading east towards booth 454 at the edge of the forest. In close proximity to the road it passes south and continues further east on the road to the edge of the forest towards the cubicle 456, Cca 100 m before this cubicle ducts north at the right angle and leads along the field road to the intersection of the field roads between the cubits 503 and 512 (Lysá vrch). Here it passes at right angle to a field road leading in the eastern direction, leading to road III tr. Bor - Pulovice. Following this road leads north through Bor, crosses road number E442 behind the pond Velka Bor and continues further along local communication in the north direction to the north edge of railway station Hájek. From there it leads the groove body in the north direction to the railway station Ostrov nad Ohří and further along the groove body east. About 300 metres behind the second crossing of the groove body and the flow of Bystřice east of the railway station bends north on the forest road and returns sharply back west. After about 250 m on the crossing of the forest paths it passes on the road leading northeast. He follows this path about 650 m to the next intersection of the forest roads where he dodges east. Following this forest road leads about 250 m to the next intersection of forest roads. From there it leads north to the village of May. Here it passes on road III in the third direction leading in the northeast direction, crosses road I. no. 3. E 422 and along road III. Tř. continues to Maroltov, Beautiful Les and Osvinov. From there, he's crossing the field road straight north. About 300 meters northwest of cubicle 685 reaches the edge of the forest, which copies in the east direction. In a place where the border of the forest is moving south, the border continues along the forest path northeast and the creek of Hell crosses. Immediately behind this crossing at the crossroads of the forest roads leads the southerner way northeast, southwest and finally east, where it gets out of the forest. At the intersection of the field roads near the edge of the forest, it crosses the road leading in the southeast direction to the 728. Here he dodges and along the field road leads directly east through cubicle 713 south of Srný village. On the first crossing of the field roads east of the cubicle, it dodges north and along the field road leads about 160 m north. On the first crossing of the field roads he dodges directly east and on the field road he reaches the road III. 3rd Svný - Little Hrzín, to which he crosses. The road leads east through Little Hrzín. After the crossing of the Bočský creek passes on the road I. tr. E 422. About 600 m from the crossing with the Mladodolan creek turns north on the unpaved road, from the south, east and north side it passes the children's camp until it reaches the east-west-oriented forest road on the south slope of the Perstejn Pípičák hill. The forest road leads east to the edge of the forest. From there it leads along the eastern edge of the forest to the crossing of roads close to the hill Nad Pernštejn (cubit 638 m). From this crossing continues on the unpaved road southwest to the village Kláštěrecká Jesna. From there on the route III. 3. Leading towards the road I. 3. E 422, which it crosses and continues in the southern direction along the unpaved road to the Šumná estate under the ruins of Šumburk. From there still south on the unpaved road along the eastern slope of the hill with the ruins of the Šumburk until crossing roads about 150 m north of the river Ohře. From there on an unpaved road east to the Ohře River. From here on the left bank of the Ohře Castle to the fence of the castle garden in Monasterc nad Ohří, after this fence north and east to the place where it once again touches the left bank of the Ohře River. Following this bank, the border leads to the starting point in Kadani.
Explanatory note:
*) If the text states that the border of the bird's area leads on the road, it is stated that it leads on the edge of the road auxiliary parcel, and that it leads on the edge of the bird's area.
* *) If the text of the Annex indicates that the border of the bird's area leads along the way, it is expressed that it leads along the edge of the road, namely the border facing inside the bird's area.

Příloha č. 2

Annex No 2 to Decree No 688 / 2004 Coll.
Indicative graphical representation of the Dairy Region of Doup Mountains

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) For example Article 3 (4) of Decree No. 104 / 1997 Coll., implementing the Road Act.
5) Sections 2 (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. § 32 (2) of Act No. 50 / 1976 Coll., as amended by Act No. 83 / 1998 Coll.
6) § 32 paragraphs 1 and 2 of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
7) § 2 (1) and § 29 (1) of Act No. 222 / 1999 Coll., on securing the defence of the Czech Republic.
8) Paragraph 33 (3) of Act No. 289 / 1995 Coll., as amended by Act No. 67 / 2000 Coll.
9) Paragraph 59 (1) (a) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
10) § 34 of Act No. 13 / 1997 Coll., on Road, as amended.
11) Article 9 of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll.
12) 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.
13) § 39 et seq. of Act No. 50 / 1976 Coll.

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Regulation Information

CitationGovernment Decree No. 688 / 2004 Coll., defining the Dairy Region of Doupo Mountains
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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