Decree of the Ministry of Agriculture No. 7 / 1960 Coll.
Decree on the protection of the agricultural land fund
Valid
Effective from 02.02.1960
7
DECLARATION
Ministry of Agriculture
of 25 January 1960
on the protection of the agricultural land fund
The Ministry of Agriculture provides in agreement with the participating central authorities pursuant to § 15 of Act No. 48 / 1959 Coll., on the Protection of the Agricultural Soil Fund:
Scope of the agricultural land fund, its expansion and registration
(1) The Agricultural Soil Fund consists of all the land, irrespective of its size, which is agricultural and which has been and is intended to continue to be cultivated but is not temporarily cultivated. Part of the agricultural land fund is therefore mainly: arable land, hops, vineyards, meadows, pastures, gardens and orchards. *)
(2) If doubts arise as to whether or not the land is part of the agricultural land fund referred to in paragraph 1, the Agriculture Department shall decide by the Council of the District National Committee.
(1) The Department of Agriculture of the Council of the District National Committee may declare as part of an agricultural land fund land for which there is a nationwide justification (paragraph 3) that is to be managed on an agricultural basis, in particular land which has been arbitrarily withdrawn (without the appropriate authorisation) of agricultural production and land which does not serve directly agricultural production but which is indispensable to it and which is subject to its proper operation, such as dirt roads, ancillary land, land with facilities of importance for field irrigation, smaller water tanks and ponds required for agricultural production, dam for protection against pollution or flood, protective terraces against erosion, etc.
(2) In order to extend and make full use of the agricultural land fund, the agricultural unions of the councils of the national councils shall systematically identify, in cooperation with and through the executive bodies of the local national committees, land which could be used for agricultural production and declared as part of the agricultural land fund referred to in paragraph 1. In particular, they shall monitor whether land under the management of different organisations, intended for non-agricultural purposes (e.g. handling areas, landfills of material, playground, etc.) is fully used for these purposes and whether agricultural production is to an excessive extent removed.
(3) The Agricultural Services of the Councils of the District National Committees shall discuss in advance the declaration of land (which has been found, pursuant to paragraph 2, to be used for agricultural production) for part of the agricultural land fund with the construction and water management department of the District National Committee, and, where appropriate, with the authority of the superior organisation managing the land and, in cooperation with them, shall assess whether the declaration of land as part of the agricultural land fund is of an economic nature and in accordance with the general interest.
Arable land extension
(1) In particular, in order to make more economical use of the agricultural land fund, the planned expansion of the arable land area should be ensured in accordance with natural and economic conditions. Expansion of arable land must be part of the annual and long-term production plans of single agricultural cooperatives and of the production plans of state goods and other agricultural plants of the state socialist sector. It concerns the use of all sources of arable land expansion, in particular fallow land and underexploited land, land wooded in recent years by a natural accident of generally less valuable timber, which is neither forest nor agricultural production, low-productive meadows and pastures, where due to their nature and location, greater economic efficiency can be expected in field management, meadow, pastures, and forests established without economic justification on arable land, other unused areas such as pastures, sands, ploughing sites, etc., which can be reclaminated on arable land.
(2) The management bodies of the local national committees shall, in the municipalities assisted by the agricultural trade unions of the councils of the county national committees, examine all sources of the expansion of arable land, in particular carefully and responsibly, the unauthorised conversion of arable land into other cultures. The owners (users) of the land to be used as arable land will then discuss the transformation of the current use and binding period of erosion and / or fertilisation. If no agreement is reached, the management authority of the local national committee may, where justified, impose on the owner (s) of the land to be converted into arable land. The conversion shall normally be imposed in those cases where arable land has been arbitrarily (without appropriate authorisation) transformed into land otherwise cultivated.
(3) The Agricultural Services of the Councils of the District National Committees are continuously monitoring the activities of the executive bodies of the local national committees in expanding the area of arable land and providing them with technical assistance; in so doing, for the most efficient use of the agricultural land fund, use the results of the delimitation of the agricultural land fund and forest fund, the proposals resulting from the implementation of land modifications and land lists suitable for conversion into arable land drawn up by the authorities of the Central Administration of Geodesy and Cartography as a basis for the search for resources to expand the area of arable land.
(4) The Agricultural Services of the Councils of the District National Committees may reserve a decision on the conversion of culture or the use of land to arable land to date, in particular if there are larger areas or the considerable economic scope of the proposed conversion.
(5) The grassland and pasture areas are intended to be sown after a proper survey of the habitat and taking into account the focus of agricultural production in order to achieve the greatest possible economic results through the proposed conversion. In particular, meadows and pastures in dry positions (depending on the condition of groundwater and rainfall), meadows and pastures based without economic justification on the former arable land and self-grass arable land shall be designated for the erosion for permanent conversion into arable land. When deciding on the conversion of meadows and pastures into arable land, account shall be taken in particular of the location of the habitat, the hailage, the depth of the groundwater level, the precipitation, soil and climatic ratios and the possibility of applying mechanisation. The breakdowns should be implemented on a planned basis in the framework of the year-round production of financial and long-term plans on the basis of the plan for the fertilisation and use in each year.
(6) When converting meadows and pastures into arable land and forest land into agricultural land, in particular arable land, the results of the delimitation of the agricultural land fund and the forestry fund shall be based on the results.
Overview of the agricultural land fund
(1) The basic condition for the protection and stabilisation of the agricultural land fund is the proper management of its inventory. To this end, the executive bodies of the local national committees shall properly maintain and maintain, in the framework of the rules on the continuous keeping of land records with the national committees and the establishment of a single soil record sheet on the areas of crops for individual agricultural establishments and land users in which, in addition to the total size of the agricultural establishment, the individual crops and their areas are listed.
(2) In order to ensure the proper management and maintenance of an overview of the agricultural land fund and to ensure its compliance with the actual situation, owners and users of the socialist and private sectors are required to report to the management authority of the local national committee any change in ownership, management or use of land (transfer, lease, land acceptance, association of land for joint management in the single agricultural cooperative, etc.) and any change in the manner of cultivation (culture) and land area. Each notified or detected change shall be notified by the management authority of the local national committee to the Agriculture Department of the Council of the District National Committee and to the relevant regional measuring centre of the Regional Institute of Geodesy and Cartography.
(3) The management bodies of the local national committees maintain an overview of the agricultural land fund in the municipality in accordance with the actual situation and complement it on the basis of the changes reported and approved. They shall monitor all land transfers between sectors (for example between public goods and single agricultural cooperatives), contractual transfers or land leases, cultural changes and changes in the area of land used. Amendments which require approval of the Executive Authority of the District National Committee shall be made in the records only after its approval has been given and after the change of culture only after the change in nature. To this end, the management authority of the district national committee shall inform without delay the management authority of the local national committee and the district measuring centre of the regional geodesy and cartography of any consent granted to the contractual transfer or lease of land, the approved change of culture, the decision to set aside land from the agricultural land fund, the declaration of land as part of it and transfers between socialist sectors. Where land is transferred or leased for which there is no need to be accepted pursuant to Article 2 of Act No. 65 / 1951 Coll., on real estate transfers and on land leases of agricultural and forestry land, the management authority of the local national committee shall make an amendment to the register on the basis of a report to be submitted to it by the relevant budgetary or economic organisation.
(4) At all the tasks of keeping an overview of the agricultural land fund, permanent agricultural committees of local national committees shall cooperate, in particular in monitoring and checking changes.
(5) The Agricultural Services of the Councils of the District National Committees have a simple overview of those parts of the Agricultural Soil Fund, which, although not directly serving agricultural production, are indispensable to it and make its proper operation conditional on it (Section 2 (1)) and oversee its protection in the interests of agricultural production.
(6) The Agricultural Services of the Councils of the Regional National Committees are continuously monitoring the activities of the executive bodies of the local national committees and are monitoring the proper management and completion of the survey on the agricultural land fund in the municipality for the professional and technical assistance of the regional metering centre of the Regional Institute of Geodesia and Cartography.
Protection of the agricultural land fund
Protection of agricultural land management fund
(1) The agricultural land fund should be managed efficiently in order to avoid degradation. The fertility of the soil can be continuously increased in the right way of cultivation. However, improper cultivation of land or neglect of the principles of sound management, particularly in the case of sloping soils, is being degraded or destroyed. In bringing together land for joint management in single agricultural cooperatives and in carrying out economic and technical adjustment of land, all measures to protect the agricultural land fund must be implemented consistently on whole areas in order to avoid increased destruction of the slopes, particularly in mountain and submountain areas. The agro-technology of agricultural land used on the slopes must therefore be substantially altered in the case of agricultural production and strictly respect the principles of their protection and efficient use.
(2) The owner (user) of the agricultural parcel is obliged to follow the principles of good land management. If they are not concerned and there is a risk of land degradation, the Agriculture Department of the Council of the District National Committee may, after consulting the Executive Authority of the Local National Committee or on its proposal, impose in particular:
(a) carry out consistently the ploughing, sowing, sequencing of agricultural crops and draglines on plots of lattice from 10 ° above and, where appropriate, on parcels of tightness above 5 ° in order to reduce the surface drainage of water and to weaken its erosive effect, to remove the collected stones enclosing fragmented soil holdings in mountain areas and to make it impossible to cultivate on layers;
(b) to perform a condition in the direction of plantations, if possible immediately behind the scythe, up to a depth of 5 to 8 cm or a medium ploughing to a depth of 15 to 18 cm (the early condition limits the drying of the soil and allows the absorption of rainwater) and, according to local conditions, to sow the land immediately with stucco forage either for feeding purposes or for green fertilisation;
(c) leave the landslide in the rough unless it is sown or planted in order to avoid rapid drainage of water and soil removal during snow melting and large precipitation;
(d) carry out the hay harvest on a timely basis each year, unless the grassland is grazed in order to prevent large surface drains of water on overaged crops;
(e) direct grazing on sloping land according to the type of livestock and the state of the crops, allow only significantly reduced grazing on the erosion of the vulnerable pasture, to allow for rapid restocking of the crops (80 q ha per ha for 4 to 6 days is considered normal occupancy), allow only regulated grazing, carry out perennial grazing or grazing regulated by the gradual grazing of the pieces, do not carry out steeper positions by sheep and goats, but only by young cattle and only for shorter periods;
(f) in the case of sloping soils, the appropriate spatial arrangements of cultures in the direction of plantations, such that cultures are more resistant to erosion (pods, equatorial mixtures, alfalfa, temporary meadows), alternating with less resistant crops (e.g. ocopanins), in positions of flat or slightly sloping, threatened by wind erosion, establish perpendicular to the prevailing wind direction of the deflation strips and alternate crops less resistant to wind erosion (e.g. copanins), with high crops (corn, lucerne, etc.), carry out orbs perpendicular to the prevailing wind direction in the most vulnerable areas, and take basic measures in conjunction with protective forest belts, while taking into account of the threat to aquatic erosion,
(g) to pool the land in shape-efficient units with a length in the direction of the layers (the width of the operated bands is also important because, in proportion to the length of slopes, the risk of erosion is increasing), following the principle that the more steep the slope, the greater the risk of erosion and thus the narrower the belts,
(h) to establish temporary or permanent restraint belts in positions at high risk of erosion in a width of 5 to 7 m outside the cultivation process, sown with lucerne, clover, pods-grain mixture, grass,
(i) maintain on sloping soils susceptible to erosion, in particular in mountain and submountain areas, stages (limits) which have an important anti-erosion function by mitigation of fall;
(j) comply with the principles of good agri-engineering as an integral part of anti-erosion measures, in particular to create a small-scale soil structure through proper cultivation and fertilisation and to use proper rotational practices.
(3) When imposing the measures referred to in paragraph 2, the Agriculture Department of the Council of the District National Committee shall set a deadline for their implementation and shall ensure that the measures imposed are economically viable and proportionate to the results achieved. The management bodies of the local national committees shall ensure compliance with the measures to protect the agricultural land fund with the expertise of the agricultural unions of the councils of the national committees.
(4) The Agricultural Services of the Councils of the District National Committees and the Executive Authorities of the Local National Committees examine the use of agricultural land during the year, including for non-agricultural establishments and determine the method of its use, depending on the nature of the individual cases. They shall ensure that all agricultural land, including in the case of industrial enterprises, is properly used for agricultural production until its actual use for another purpose, that it is properly cultivated and fertilised so as not to deteriorate its structural condition, that the condition of groundwater is not violated and that it is prevented from ploughing and degrading.
Protection of the agricultural land fund in its withdrawal of agricultural production
(1) In order to ensure the protection of the agricultural land fund and the possibility of carrying out timely measures in the organisation of agricultural production, the preparation of all types of land-use plans and the processing of building preparation and project documentation must be ensured by the consistency of those plans and documentation and the long-term agricultural production plan. The zoning plans and documentation of the buildings must always be discussed in advance in accordance with the rules in force with the Agriculture Department of the Council of the relevant Regional or District National Committee.
(2) The Department of Agriculture of the Council of the Regional or District National Committee is obliged to take into account, when discussing the territorial plans and documentation of the buildings, the scope of the solution of the zoning plan or the intended investment construction on agricultural production, in particular the loss of valuable fertile land on the most fertile field lines, the impact of factory exhalations, the possibility of the location of construction on less valuable land, the volume of the reduction of agricultural production and its demand for economic reach from the performance of the tasks of the state agricultural production development plan and the purchase of agricultural products, the difficult cultivation of land and the impact on the organisation of agricultural production. In doing so, in cooperation with the Department of Construction and Water Management, the Board of the National Committee shall take into account whether, on a case-by-case basis, the principles for the protection of the agricultural land fund have been examined, such as whether existing sites and building gaps have been effectively used, whether effective concentration of buildings has been carried out and the use of vertical (multi-floor) construction has been used, whether the agricultural construction has been effectively used and the establishment of new buildings has not been inappropriately located and dispersed on fertile land in the field lines, etc.; it shall also take into account, in cooperation with other participating departments, of the unjustifiably exceeding the width of protective belts. Where possible, it shall propose a phasing-out of a territorial decision to remove the land of agricultural production gradually and be used as long as possible. If they agree on the removal of land in larger territories (e.g. dams, airports, surface mines, etc.), the agricultural unions shall define the councils of the county national committees in agreement with the management of those territories the areas strictly necessary for the purposes required and other areas to be used for agricultural production.
(3) If agricultural land must be withdrawn from agricultural production, care must always be taken to ensure that the land is used only to the extent necessary for the construction of the land, particularly of poor quality, with particular regard to the protection of arable land. In principle, construction on quality agricultural or arable land may not be placed on quality agricultural or arable land until suitable open spaces are used for it in municipalities, built parts or free areas of non-agricultural and less valuable agricultural land.
(4) In order to ensure continuous management, the construction organisation shall adjust the terrain immediately to its own cargo after work so that the area released is capable of further agricultural cultivation. In the construction of new buildings (e.g. construction and balancing of transport networks) or in the cancellation of existing buildings, the organisation that carries out the construction or object is obliged to remove abandoned objects unless they can otherwise be used appropriately (e.g. old road body for local communications, for planting windmills and fast growing timber, etc.) and to surrender the vacant area for agricultural production purposes. The ground material from cleaned objects (e.g. road bodies) is used mainly for agricultural production (land reclamation, compost production, etc.).
(5) Investors are required to notify the implementation of preparatory work or planned construction at least six months in advance of the Agriculture Department of the Council of the District National Committee and of the Executive Authority of the Local National Committee in order to ensure that the agricultural production and implementation of the State Agricultural Production Plan are not disrupted and that the sown or planted areas can still be properly harvested. In doing so, care should be taken to ensure that works and investments which could no longer be used for agricultural production by the construction of the intended construction are not inefficiently carried out on land which will be excluded for construction purposes.
(6) In order to ensure the protection of the agricultural land fund and agricultural production as well as to carry out the reclamation of agricultural land, damaged or destroyed by investment construction, mineral mining, etc., investors, operators and organisations processing the preparatory and project documentation must always include in the relevant documentation a plan for reclamation (ornice cover, relocation or storage, landscaping, etc.). The investment, operational and financial plans shall provide financial and material resources to carry out reclamation.
Protection of the agricultural land fund in the operation of industrial enterprises and mineral mining
(1) The operation of industrial enterprises and the extraction of mineral materials (in particular coal) creates extensive, significant and often irreparable damage to the agricultural land fund and thus to agricultural production, in particular in the areas of concentrated industrial and mining activities. Operators are therefore obliged to comply with the following basic measures:
(a) to draw up, in agreement with the competent authorities of the national committees and on the basis of preparatory or project documentation, annual and five-year plans to eliminate the consequences of mining or industrial activity and reclamation of damaged parcels. The reclamation plan shall ensure proper management of the cultural layers of land, their balance sheet and use, hiding technology, taking into account the future reclamation, landscaping of the land concerned, the way in which reclamation and rectification of the water conditions of areas previously destroyed and newly damaged, are carried out in such a way as to ensure, at the same time, the prospects of farming in the mining or concentrated industrial activities. In mining plans or industrial activities on the basis of which recovery plans are processed, the earth classification shall be carried out according to their suitability for reclamation, method and organisation of their movement and recovery plan. The proposal for a recovery plan must be discussed in advance with and approved by the Agriculture Department of the Council of the District National Committee. The Department of Agriculture of the Council of the District National Committee shall decide on the type of reclamation to be determined (adjustment to arable or other agricultural land, afforestation or other use) on the proposal of the industrial or mining operator,
(b) make appropriate land-use adjustments during operation and take all economically justified measures to prevent unnecessary damage to land and facilitate land-use adjustment for the purpose of reclamation;
(c) in accordance with the reclamation plan and the extraction plan, adjusted in accordance with point (a), to carry out a separate plot of fertile overlying soil, in particular the topsoil, or even a deeper storage of soil capable of soil (e.g. spray, spray and landslide, mineral-strength minerals), according to the progressive extraction and in good time before the removal of the overlay on the area directly affected by the operation, and to take care of its proper use or storage for the purpose of reclamation, or to ensure that it is transported to areas designated by the Department of Agriculture Council of the District National Committee;
(d) to set up, as a matter of principle, internal hoppers by storing leprosy in the excavated premises of its own or neighbouring plants, to reduce the destruction of the land, to essentially relay the internal hopper in excess of the soil stability criteria; where it is not technically possible or economically justified, to impose leavened matter on excess soils on soils of infertile or agricultural land of a poor quality from which the ornice has been removed in advance and which have been removed from the agricultural land fund for this purpose,
(e) to base excess droughts on the loading ground to ensure their stability. In doing so, account should also be taken of the water conditions around the droplets, so that the surrounding agricultural land is not covered by mud, the droplet material is concentrated in continuous tabular, not dispersed, soaps with a well-aligned surface and, according to the given ratios, to a height which would still allow for the reclamation and treatment of the water conditions, while ensuring maximum capacity of the droplet and the greatest possible saving of the droplet area; to set up runners (especially wholesalers) in such a way as to allow for surface clearance and reclamation (e.g. lateral way of setting up runners),
(f) in order not to interfere with the balance of the deposited layers and not to bring them down, adjust the side slopes of the droplets so that the angle of inclination ensures their stability according to the type of soil and the height of the droplet. The layers below shall withstand the pressure of the layers above; With higher droppings, the slopes must be secured by terracting and remember the effective solution of the access roads. The slopes of the terraces properly fasten and ensure against erosion (grubbing, planting of bushes and trees), under the foot of the driers to establish protective dams (pre-driers),
(g) on dispensaries, especially larger ones, to build incoming communications in such a way that, in addition to the mobility, protection against lateral erosion is also ensured;
(h) to remember the adaptation of the water treatment in the soil, to adjust the surface of the droplets in such a way that agricultural machinery, the crown of droplets at least in the power of the vegetation layer can be used to create from soil which are able not only to receive rainfall water but also to retain for the needs of vegetation, to facilitate the leakage of rainfall water and to minimise its effluent, to create an appropriate structural state of the soil, e.g. biological reclamination, the cultivation of pioneering plants, thereby partly reducing the contamination of the surrounding rainflows from it,
(i) in agreement with the water authorities, adjust the overall water regime on areas disturbed by extraction in order to eliminate the adverse effects of the drop in groundwater and to allow for harmless drainage of surface water;
(j) to adjust the soil declines resulting from deep-water mining in such a way that the land concerned is capable of further economic recovery;
(k) carry out a continuous biological reclamation of land previously disturbed by mining or industrial activity, or newly damaged by extraction or industrial activity by creating humus stocks in the soil, improving the physical, chemical and biological properties of the soil by appropriate crop practices and crops, good agronomics and fertilisation, so as to create an environment that would allow the recovery of land for agricultural production (i.e. to produce land with average fertility) or afforestation through a fertilisation process;
(l) to ensure the cultivation of land for which the extraction of mineral materials is significantly disrupted until such time as such land can be included in the normal rotational process after the extraction and the reclamation carried out.
(2) Where the measures referred to in points (e) to (i) cannot be implemented under the conditions laid down, the operator shall notify the Council of the District National Committee, which shall discuss with it the implementation of other appropriate measures, or shall, after consultation with its superior organisation, order them to be implemented.
Protection of the agricultural land fund in the construction of roads and water works
(1) In the construction of communications, above-ground and underground lines, there is interference with the agricultural land fund and interference with facilities and measures (e.g. water and melliorage), which have been established to increase soil fertility. Such facilities and measures must be consistently protected from damage and deterioration in the performance of those works or, failing that, to limit damage to the extent necessary. Care must be taken to ensure that the route of electrical and other lines is designed in such a way that, as far as possible, it does not disturb the normal operation of field work and does not reduce the possibility of land use and the increase in fertility, and that the protection of anti-erosion measures under § 5 and the network of irrigation and drainage facilities, in particular that drainage drains are not violated and their superstructure is reduced more substantially. At the end of the work, the operator shall be obliged to put the land in its original state in such a way as to ensure the function of all the facilities previously built on it. The protection of facilities and measures in order to protect the soil and to increase its fertility must be fully ensured in the implementation of the economic and technical adjustment of the land.
(2) When building larger water-based works (e.g. water tanks), where large areas of agricultural land are affected, measures are also needed to protect the ornice and deeper stored soil capable of cultivation, which can be used for fertilisation of agricultural land and the production of compost. In economically justified cases and after examining the quality of the soil, the Agriculture Department shall impose a separate cover on the Councils of the District National Committee in accordance with the provisions of Section 10 (3).
(3) The Agricultural Services of the Councils of the Regional and Regional National Committees are in charge of the proper implementation of these basic measures for the protection of the agricultural land fund and are taking measures to remedy the deficiencies identified.
Protection of the agricultural land fund in geological and hydrological exploration, construction of overhead and underground lines and water treatment
(1) In the conduct of exploratory work and the construction of aerial and underground lines, and in the adaptation of water conditions, there is a significant and often permanent damage to the agricultural land fund, in particular by not respecting the principle of separate hiding of the ornice, which is mixed with dead soil and that the work is carried out in the middle of the growing season, thus degrading agricultural land.
(2) Operators of these works are therefore obliged to:
(a) notify the Agriculture Department of the Councils of the District National Committee and the Executive Authority of the Local National Committee before the spring agricultural work commencing, as a general rule, at the beginning of March or, where appropriate, before the autumn agricultural work commencing, at the beginning of September; for the construction of telecommunications lines of the management of connections, which by nature does not mean more significant interference with the agricultural land fund and agricultural production, it is sufficient to notify the work before it is carried out,
(b) the work on the land shall, if possible, be limited to the period of vegetation and carried out in such a way as to minimise damage to the agricultural land fund and to agricultural crops and to avoid unnecessary vehicle crossing;
(c) carry out, in justified and economically considered cases, a separate cover of the ornice before the work begins, after which it is completed, to remove all residues of the operating facilities and to settle and adjust the area concerned to the original condition in order to be able to make further economic use.
(3) The Agricultural Services of the Councils of the District National Committees oversee the proper implementation of these measures and decide whether or not to carry out an ornice cover on a case-by-case basis according to the nature of the work carried out and the extent of the damage suffered.
Procedure for the exclusion of parts of the agricultural land fund and for the implementation of cultural changes
(1) The development of investment and industrial activities, the increasing mining of minerals, the construction of water works, etc., places increasingly significant demands on agricultural land which is removed from agricultural production or degraded. Therefore, it is urgently necessary that the removal of land from agricultural production should always be properly politically and economically considered and should the removal of land necessarily take place in order to do so with as little damage as possible to the agricultural land fund.
(2) In order to ensure that the protection of the agricultural land fund is properly secured and that its use for non-agricultural purposes is carried out in a reciprocal manner between agricultural production and other sectors of the national economy, the following principles shall be laid down for the removal of land from the agricultural land fund:
(a) no part of the agricultural land fund may be withdrawn from agricultural production unless the agricultural sector has been decided by the Council of the District National Committee after prior consultation with the executive body of the local national committee. Only if it has been decided to exempt from the agricultural land fund can agricultural land be used for non-agricultural purposes. The set-aside from the agricultural land fund must be decided when the investment task is discussed and at the latest when the territorial decision is taken. In the process of the investment task, the investor shall obtain a preliminary opinion from the Agriculture Department of the Council of the District National Committee on the exclusion of the component from the agricultural land fund. Where no decision has been taken in advance to exclude from the agricultural land fund, the set-aside decision shall be taken jointly,
(b) the conversion of arable land into land otherwise cultivated (e.g. meadow, pasture, garden, orchard, forest, pond) shall not be carried out without the agreement of the Agriculture Department of the Council of the District National Committee. Any proposal or request for conversion of arable land to otherwise cultivated shall be economically justified and assessed in terms of natural and economic conditions and the overall focus of production. In doing so, the agricultural trade unions of the councils of the county national committees will take advantage of the results of the delimitation of the agricultural land fund and forest fund. In principle, the conversion of arable land into arable land otherwise cultivated for such land, which is suitable for use as arable land by its location, nature and subsoil and given climatic conditions, shall not be authorised,
(c) before a decision on the set-aside from the agricultural land fund, the Department of Agriculture of the Council of the District National Committee shall take into account the political and economic justification for the request for exemption, the estimation of losses on agricultural production resulting therefrom (e.g. due to factory exhalations). In addition, in cooperation with the Department of Construction and Water Management, the Council of the District National Committee shall take into account whether an effective concentration of construction has been carried out, whether existing sites and building gaps suitable for construction have been used, and whether effective treatment of waste water and factory exhalations is ensured. If there is more extensive intervention in the agricultural land fund, or if such intervention is of considerable economic scope, the Agriculture Department of the Council of the District National Committee may request a more detailed economic analysis of the scope of the intended construction of agricultural production under the project documentation from the applicant for the set-aside from the agricultural land fund,
(d) the Agriculture Department of the Council of the District National Committee shall assess the losses and economic impact of the agricultural production not only in terms of the price expression of the harvest on the area of the withdrawn agricultural production, but also in the opinion that it is, above all, a permanent loss which, during the rotational procedure, will have an adverse effect on the entire production process and the economic and financial results of the agricultural plant. This is of particular importance when applying for the exclusion of fertile soils in production areas, where even smaller losses, in particular arable land, mean a deep intervention in the production and economic performance of the agricultural plant and may also be harmful on other areas of agricultural land later on. The losses of the agricultural land fund must be assessed not only from the perspective of the individual case but also according to their totality in the municipality, district or county. The estimate of losses on agricultural production must therefore be established at least for the period of the rotational rotation and in view of all losses in market production, feed base (including intermediate crops, stringed mixtures, sockets, temples, cuttings, etc.) and the use of basic resources.
(3) In the decision to set aside land from the agricultural land fund, the Agriculture Department of the Council of the District National Committee shall impose the necessary measures to protect the agricultural land fund and its use, taking into account its economy and effectiveness. In particular, it will cover the use of land for agricultural production up to its actual use for other purposes (e.g. before the start of preparatory work on construction taking into account the possibility of crop harvesting), the security of its use in the meantime until the start of construction for the cultivation of feed (spring mixtures, intermediate crops, stringstuffs, etc.), if the land cannot be used throughout the marketing year, and the timely notification of the start of work (§ 6 (5)). At the same time, the decision shall require the investor to carry out, prior to the start of work, a cover of cultural layers of land and to leave it to economic use or, if economically justified, to transport it to its site of economic use. Any further shipments of hidden stash to another location do not go to the investor's account.
(4) The Executive Authorities of the Regional National Committees may reserve a decision on the set-aside of the agricultural land fund, in particular if there is a greater scope of the requirement for the agricultural land fund or a significant range of access to agricultural production from the opinion of the implementation of the State agricultural production plan.
Efficacy
This decree shall take effect from the date of its publication.
Minister:
Strougal v. r.
*) The detailed characteristics of the land are set out in the Guidelines of the Central Administration of Geodesy and Cartography and Ministry of Food Industry and the Purchase of Agricultural Products No 154 / 1957 Ú. l.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 7 / 1960 Coll., on the Protection of the Agricultural Soil Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.02.1960 |
|---|---|
| Effective from | 02.02.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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