Act No. 75 / 1976 Coll.
Act amending and supplementing Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund
Valid
Effective from 01.10.1976
75
THE LAW
of 23 June 1976
amending and supplementing Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund, is amended as follows:
1. In Article 1, the following paragraph 1 is added:
"(1) The agricultural land fund is the basic natural wealth of our country, an irreplaceable means of production to achieve self-sufficiency in the production of basic food and is one of the main environmental components. The protection of the agricultural soil fund, its enhancement, exploitation and expansion are among the leading tasks of our socialist society."
2. Paragraph 1, paragraphs 1 to 3 shall become paragraphs 2 to 4 and paragraph 4 shall be deleted.
3. In Paragraph 1 of the newly designated paragraph 3, the words "part of the agricultural land fund is' are replaced by the words" belong to the agricultural land fund '.
4. In Article 1, paragraph 4, the citation of paragraphs 1 and 2 is replaced by the citation of paragraphs 2 and 3.
5. Article 2 (1) reads as follows:
"(1) The authorities of the protection of the agricultural land fund, in cooperation with the authorities of the State economic management of agriculture, shall examine in municipalities the parcels which should be declared as part of the agricultural land fund (§ 1)."
6. In Article 2 (2), the words "per holding 'are replaced by the words" per socialist agricultural organisation' and the second sentence is deleted.
7. In Article 3 (1), the term "local national committees' is replaced by the term" authorities for the protection of the agricultural land fund 'and paragraph 2 and the designation of paragraph 1 are deleted.
8. Paragraph 4 repeals paragraph 2 and the designation of paragraph 1.
9.
"(1) Users (owners) of agricultural land are obliged to use this land intensively and rationally for agricultural production, to continuously increase its fertility and to maintain properly the other land belonging to the agricultural land fund. To this end, the authorities of the protection of the agricultural land fund may impose the necessary measures on users (owners) of such land on their own expense. '
10. Article 7 (2) (b) reads as follows:
"(b) to use, first and foremost, agricultural land of poor quality and to protect, in particular, arable land and agricultural land on which measures to increase production intensity are provided for in the agricultural production development plan;"
11. the following Section 7a is inserted after Section 7:
(1) Agricultural production must not be withdrawn:
(a) arable land in the 1st and 2nd grades, and if such land is not in the municipality, arable land in the two best Bonita classes,
(b) arable land on which investment measures are implemented to increase the intensity of agricultural production;
(c) the agricultural land on which the hops, vineyards, intensively cultivated orchards and vegetable areas are situated.
(2) In particular justified cases, consent may be given to the withdrawal of the agricultural land referred to in paragraph 1 if the land is needed to carry out a particularly important investment operation or mining operation which cannot be carried out on other land, if it is land in the built-up territory of the municipality or if it is land scattered with a small area. The Government of the Republic may reserve in which cases the decision of the Agricultural Fund Protection Authority shall be subject to its approval.
(3) For the purposes of afforestation and, where appropriate, classification as non-agricultural parcels, (1) only those which are shown to be extremely contiguous or threatened with erosion, stoneware land, land permanently contaminated without the possibility of drainage, land with a slight depth of the eagle or land accessible to mechanisation, or land ineligible for agricultural reclamation or otherwise ineligible for agricultural use may be withdrawn from the agricultural land fund.
(4) Agricultural land must not be withdrawn from agricultural production for the construction of holiday huts and recreational facilities. '
12.
For land planning activities
(1) In order to ensure that the protection of the agricultural land-use fund is ensured in a timely manner in the context of a territorial planning activity carried out under the Specific Regulations (2), the territorial planning authorities and processors of the land-based planning documentation are required to comply with the principles of such protection (Sections 7 and 7a). When processing land-use planning documents, processors shall design and justify the solution which is most favourable in terms of the protection of the agricultural land fund and other social interests; evaluate the expected losses on agricultural production and the withdrawal of agricultural land (paragraphs 16 et seq.), as a general rule compared to other possible solutions. In the case of the processing of territorial plans of the local departments, processors are obliged to assess the economic damage envisaged (Section 23) and the measures aimed at eliminating it. the documents for assessing such damage, together with the proposal for a measure to eliminate it, shall be provided by the authorities of the State Economic Management of Agriculture at the request and cost of the zoning authorities.
(2) Proposals for the territorial plans of large territorial units, local departments and zones must already be discussed with the authorities of the national economic management of agriculture and the authorities of the protection of the agricultural land fund during the processing of the preliminary proposals and provided for the approval of the authority for the protection of the agricultural land fund before approval; general rules on administrative procedures shall not apply to the granting of such consent.
(3) A territorial decision, (3) which is to be affected by the agricultural land fund, may not be given unless prior agreement has been given under Article 13a. '
13.
When processing proposals for the determination of conquest areas
(1) Organisations authorised to mine are obliged to follow the principles of protection of the agricultural land fund (Sections 7 and 7a) when processing proposals for the establishment of conquest areas under specific legislation4. They shall propose and justify such a solution as is most advantageous in terms of the protection of the agricultural land fund and other social interests; assess the expected losses on agricultural production, taking into account the possibility of reclamation and the withdrawal of land from that production, compared to other possible solutions.
(2) Proposals for the establishment of conquest areas must be discussed with the authorities of the State economic management of agriculture and with the authorities of the protection of the agricultural land fund and given prior approval by the authority for the protection of the agricultural land fund. the general administrative provisions shall not apply to the granting of such consent. ';
14. In § 10 (1), the citation of § 7 is extended by the citation of § 7a.
15. Article 10 (2) and (3) reads as follows:
"(2) The proposal for the approval of a project task which envisages the withdrawal of agricultural land from agricultural production shall be supported by a prior agreement pursuant to Article 13a.
(3) The design of the routes of overhead and underground lines shall be provided with the agreement of the Agricultural Soil Fund Protection Authority; the general administrative provisions shall not apply to the granting of such consent. ';
16. paragraphs 4 and 5 are deleted in Paragraph 10.
17. In Article 11, paragraph 1 of the citation § 7 is extended to citation § 7a.
18. in Paragraph 11, the provisions of paragraph 1 (a), paragraph 2, the designation of paragraph 1 and the designation of points (b) to (h) shall be deleted;
19. In Article 12 (3), the words "repairs and maintenance 'and the words" district and local national committee' shall be replaced by the words "Agricultural Land Fund Protection Authorities'.
20. In § 12 (4), the citation of § 13 is replaced by the citation of § 13a.
21.
(1) In order to withdraw agricultural land from agricultural production, the decision of the authority for the protection of the agricultural land fund
(a) giving prior consent pursuant to Article 13a;
(b) the withdrawal of agricultural land from agricultural production pursuant to Article 14.
(2) Agricultural land may be withdrawn permanently or temporarily.
(3) Agricultural land may be temporarily withdrawn for a maximum period of 12 years. "
22. The following Section 13a is inserted after Section 13:
Prior approval
(1) The application for prior approval is submitted by the person in whose interest the agricultural land is to be withdrawn; If the land is to be removed for afforestation purposes or, where appropriate, classification among non-agricultural parcels (§ 7a (3)), the user (owner) of the land is requested. The application shall be submitted to the protection authority of the agricultural land fund, in whose perimeter the largest part of the land to be withdrawn lies.
(2) In particular, the application shall justify whether the proposed solution is the most favourable in terms of the protection of the agricultural land fund and other social interests. The application shall be accompanied in particular by:
(a) an assessment of the economic scope of the proposed solution, and where significant interference in the management of the socialist agricultural organisation is involved, as well as a quantification of the economic damage with the proposal of measures to eliminate it (§ 23);
(b) a plan for reclamation, if the land is to be returned for agricultural production or reclamated otherwise;
(c) the opinion of the State Economic Management Authority for Agriculture and Land Users (owners).
(3) The total final extent of the intended withdrawal of agricultural land is decisive for the decision to give prior consent, with the exception of mining minerals. The decision granting prior approval shall lay down the essential conditions for the protection of the agricultural land fund; If significant interference is involved in the management of a socialist agricultural organisation, the economic damage shall be determined as a further condition.
(4) The decision granting prior approval shall also approve the recovery plan [paragraph 2 (b)]. If it is the quarry (surface) extraction of coal or geological research work (for crude diesel and natural gas, especially for very deep wells), a special regime for its implementation may be provided for where justified, in particular as regards its timing and termination.
(5) The decision on prior consent shall cease to be valid if, within 3 years of the date on which the decision on withdrawal was taken, no request has been made. In justified cases, the protection authority of the agricultural land fund may extend the validity of the prior consent. An application for an extension shall be submitted before the expiry date.
(6) Whether it is a significant intervention in the management of a socialist agricultural organisation is decided in doubt on the proposal of that organisation or of the one for which the land is withdrawn, the authority for the protection of the agricultural land fund, which calls for the opinion of the State Economic Management Authority for Agriculture.
(7) The economic injury shall be quantified and the draft measures to eliminate such injury shall be taken by the authority responsible for the State economic management of the agricultural sector, at the request and for the costs of which the agricultural land is to be withdrawn. "
23. In Paragraph 14 in paragraph 1 in the sentence of the second sentence, paragraph 13 is replaced by paragraph 13a.
24. § 14 (2), second to fifth sentences read:
"The decision shall specify the exact areas of land withdrawn from agricultural production on a permanent or temporary basis, shall prescribe levies (paragraphs 16 et seq.) and shall specify the essential conditions under which prior approval has been granted. At the same time, the Decision imposes an obligation to implement measures in order to protect the agricultural land fund, in particular to carry out on its own cargo a cover of the cultural layer of the land, its removal and spread on the site of economic use and the obligation to carry out reclamation in accordance with a plan approved in accordance with Article 13a. In justified cases, it may allow an exemption from the obligation to carry out a hiding place. Where the Parties agree to eliminate economic injury, an agreement which is legally compatible, the Land Fund Protection Authority shall approve this agreement by its decision; otherwise it shall also decide on the obligation to eliminate economic damage and fix a time limit for its fulfilment. ';
25. Part VI, including the title:
Compensation for the withdrawal of agricultural land and economic injury
(1) He at whose request the agricultural land is permanently or temporarily withdrawn from agricultural production shall be obliged to pay to the State Fund for the nationalisation of the soil (5) a levy of the specified amount.
(2) The Government of the Czechoslovak Socialist Republic lays down, by regulation, the standard rates of levies, as well as the extent to which these rates are reduced for meadows and pastures, and the extent to which increases in rates are
(a) removal of drained or irrigated arable land, hops, vineyards, intensively managed orchards and vegetable areas;
(b) the withdrawal of agricultural land for the disposal of waste materials (excluding waste in mining activities);
(c) exceeding the period for carrying out the rehabilitation work provided for in the approved recovery plan.
Fees for permanent withdrawal of agricultural land
(1) The permanent withdrawal levy is payable on a one-off basis.
(2) In the case of permanent withdrawal, the total area of the harvested agricultural land shall be the determined area for the determination of the levies. In the case of residential construction, in the case of the construction of basic residential technical and civic equipment for concentrated residential construction and in the case of agricultural purpose construction, the area of agricultural land actually stopped for the determination of the levies, the area used for communication or courtyard and the area for strengthening, in the case of protection zones, the area on which agricultural production is completely excluded.
Compensation for temporary withdrawal of agricultural land
(1) The temporary withdrawal levy is paid annually until the end of the reclamation, after which the land will be returned to agricultural production.
(2) The payments referred to in paragraph 1 shall also be made in respect of the permanent withdrawal of agricultural land which, according to an approved recovery plan:
(a) it shall be afforested or a water area established on it;
(b) return to agricultural production after a period of more than 12 years;
and until the end of reclamation.
Additional levy regulation
Where it is found that the use of agricultural land for non-agricultural purposes has exceeded a period of one year [Paragraph 22 (ch)], the protection authority of the agricultural land fund which issued the withdrawal decision shall prescribe the levy provided for in Section 18, from the time of the actual withdrawal.
Maturity of contributions
(1) In case of permanent withdrawal of agricultural land, the levies shall be payable within 15 days of the date on which the withdrawal decision became final. In the event of temporary withdrawal, payments shall be due no later than the end of each calendar year in which the withdrawal takes place.
(2) If the levy has not been paid in due time and in full, an obligation shall arise from unpaid amounts of periodic penalty payments, which, if they are organisations, shall amount to 0,05% of the amount due for each day of delay and, if they are citizens, 5% of the amount due per year. The amount of the periodic penalty payment shall be determined by the payment period. The penalty shall be payable within 15 days of the date of receipt of the payment notice. In justified cases, the Ministry of Finance of the Czech Socialist Republic or the Ministry of Finance of the Slovak Socialist Republic may reduce or forgive the periodic penalty payments, or designate authorities and define their authorisation to authorise such relief.
Reduction of contributions
(1) Organisations which, under an approved plan, carry out by their own means or on their own account, shall ensure the maintenance or reclamation, or other measures of an investment or non-investment nature, in order to make better use of land other than those withdrawn from the agricultural land fund or to extend the agricultural land fund, may, with the agreement of the Ministry of Agriculture and Nutrition of the Czech Socialist Republic or the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic, be reduced by an amount corresponding to the costs incurred.
(2) In the case of special-purpose agricultural construction, newly created agricultural production organisations and agricultural services and agricultural organisations which have had a substantial expansion of production activity or a significant expansion of the membership base may be reduced, with the agreement of the Ministry of Agriculture and Nutrition and the Ministry of Finance of the Czech Socialist Republic or the Ministry of Agriculture and Nutrition and the Ministry of Finance of the Slovak Socialist Republic. Consent may only be given if a withdrawal decision has been issued no later than 5 years after the establishment of the organisation or a substantial extension of its production activity or a significant extension of its member base. The levies may be reduced by a maximum of 50%.
(3) Reductions in the levies referred to in paragraphs 1 and 2 shall be decided by the protection authority of the agricultural holding fund which issued the withdrawal decision.
Exemption from levies
No payment for the withdrawal of agricultural land for agricultural production shall be made if it is withdrawn
(a) in the established territory of the municipality;
(b) for the construction of liner transport structures and for the construction of airports;
(c) for the purpose of investing in land to intensify agricultural production and to increase its productivity and the extraction of peat for agricultural purposes;
(d) for the establishment of protection zones I and II of drinking water sources for the bulk supply of the population and of the narrower protection zones of natural medical resources;
(e) for the purpose of its integration into the forestry fund in order to make more efficient use of or classification among non-agricultural parcels or for the establishment of land ponds permanently contaminated and unsuitable for agricultural production;
(f) for the location of signals, stabilising stones and other marks for geodetic purposes, masts of overhead line, input shafts of underground line, unless, in individual cases, the area is more than 30 m2;
(g) for the location of overcharging stations, wells and overhead (underground) lines, provided that the area withdrawn does not exceed 55 m2 per case and wind pits;
(h) for the purposes of nature conservation or archaeological research and excavation;
(ch) for non-agricultural purposes for a period of less than one year, including the initial status of the land.
Economic injury
(1) An organisation in the interest of which the agricultural land is withdrawn or reduced or made difficult to manage on such land shall, with the exception referred to in paragraph 4, eliminate the economic damage suffered by the socialist agricultural organisation:
(a) removal of land;
(b) the establishment of protection zones to protect the health of tanks of surface water sources of drinking water for the bulk supply of the population or for the protection of natural medical resources;
where significant interference has taken place in the management of a socialist agricultural organisation.
(2) Economic injury is eliminated by measures to intensify agricultural production. An organisation which is obliged to eliminate economic damage pursuant to paragraph 1 may fulfil that obligation either by providing financing for those measures or by carrying out those measures itself.
(3) In the case of the protection zones referred to in paragraph 1 (b), the decision to decide whether the action is substantial shall be taken mutatis mutandis. Article 13a (7) and Article 14 (2) shall apply mutatis mutandis on the quantification of the economic injury and on the proposal for a measure to eliminate it, on the agreement to eliminate it or, where appropriate, on the decision to eliminate it.
(4) The economic injury is not eliminated in the case of protection zones I and II of drinking water sources for the bulk supply of the population and narrower protection zones of natural medicinal resources.
The Government of the Czechoslovak Socialist Republic shall lay down the details of the economic damage and its removal by regulation. "
26. in § 25, the citation of § 13 is replaced by the citation of § 13a.
27. Part VIII, including the title:
Fines
(1) Organisations which breach the obligations referred to in paragraph 2 may impose fines of up to 500 000 CZK on the protection of the agricultural land fund.
(2) Fines shall be imposed on:
(a) the illegal occupation of land which is part of, or for the illegal activity on, the agricultural production,
(b) the implementation of a change of culture without the consent of the competent authority for the protection of the agricultural land fund, where that consent is necessary under Article 4;
(c) insufficient cultivation or use of agricultural land;
(d) a breach of the obligation to keep the own (corporate) land records;
(e) failure to comply with a measure imposed by a decision of the Agricultural Soil Fund Protection Authority issued under this Law.
(3) The authorities for the protection of the agricultural land fund may also impose fines on workers of an organisation who have committed an infringement of its obligation, if not for an offence or offence; the amount of the fine may not exceed three times its average earnings for the worker. 6) If a worker has been fined under this provision, he may not be fined under other rules for such action.
(4) The penalty may be imposed within one year of the date on which the authority responsible for imposing it became aware of the infringement, but no later than 3 years from the date on which the infringement occurred.
(5) The imposition of a fine on the organisation shall not affect the criminal liability of its workers as well as the liability of the organisation and workers under the rules on compensation. ';
28. Part VIII is renumbered Part IX, the current provisions of Sections 27 to 30 are deleted and replaced by the following:
Socialistic agricultural organisations that are users of (owners of) land belonging to the agricultural land fund shall, in cooperation with the authorities of geodesy and cartography, keep their own (corporate) records of the land.
(1) Unbuilt land which has not yet been excluded from the agricultural land fund in chat sites established prior to the date of application of the law and whose completion is in line with the plans of zoning may only be used for the construction of holiday huts where the Ministry of Agriculture and Nutrition of the Czech Socialist Republic or the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic so provides.
(2) The obligation to eliminate economic injury shall not apply to cases where prior consent was given before 1 October 1976.
(1) The Federal Ministry of Agriculture and Nutrition will issue more detailed arrangements
(a) which land belongs to the agricultural land fund and the establishment and management of own (business) land records by agricultural organisations;
(b) the obligation of the users (owners) of agricultural land to ensure proper management of agricultural land, in particular with regard to its intensive and rational use for modern agricultural production;
(c) the conditions and procedure for the removal of land from the agricultural land fund, in particular for the removal for the purposes of afforestation or inclusion of land which cannot be cultivated on agricultural grounds and the formalities for recovery plans;
(d) the protection of the agricultural land fund in the field of planning, in the processing of proposals for the establishment of mining areas, in the preparation of building documentation and in mining and industrial activities;
(e) to specify the cases referred to in § 22.
(2) The Ministry of Agriculture and Nutrition of the Czech Socialist Republic and the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic lay down the method for detecting the creditworthiness classes of agricultural land. "
29. If the law uses terms:
(a) 'Regional National Committee' is replaced by 'Agricultural Soil Fund Protection Authority';
(b) 'production farm administration' is replaced by 'State Economic Management Authority for Agriculture';
(c) 'geodesy centre' is replaced by 'geodesy and cartography body';
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the Act on the Protection of the Agricultural Soil Fund, as is apparent from the subsequent provisions.
This Act shall take effect on 1 October 1976.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Annex to the Decree of the Central Administration of Geodesy and Cartography No. 23 / 1964 Coll., implementing Act No. 22 / 1964 Coll., on Real Estate Records, Section B No. 5 (i).
2) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
3) § 39 et seq. of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act).
4) Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (upper law).
5) Act ČNR No. 77 / 1969 Coll., on the State Fund for Soil Narrowing, and Act SNR No. 179 / 1969 Coll., on the State Fund for Soil Narrowing.
6) Section 275 of the Labour Code.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 75 / 1976 Coll., amending and supplementing Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.07.1976 |
|---|---|
| Effective from | 01.10.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0