Decree of the Ministry of Agriculture No. 77 / 1996 Coll.
Decree of the Ministry of Agriculture on the particulars of the application for withdrawal or restriction and details of the protection of land intended for the performance of forest functions
Valid
Order
Effective from 19.04.1996
Text versions:
01.01.2026
19.04.1996
77
DECLARATION
Ministry of Agriculture
of 18 March 1996
on the particulars of the application for withdrawal or restriction and details of the protection of parcels intended for the performance of forest functions
According to § 16 (6) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act):
Forms of application for withdrawal or limitation of land to fulfil forest functions
(1) The application for withdrawal or restriction of land intended for the performance of forest functions (hereinafter referred to as "harvest") contains:
(a) a detailed justification for the requirement, indicating the use of the land under consideration to fulfil the forest functions;
(b) data on the total size of the parcels intended to fulfil the forest functions, the capture of which is expected, according to the method of capture - permanent or temporary withdrawal, permanent or temporary restriction, its necessary duration and expected period of implementation for temporary harvesting;
(c) data on the parcels concerned intended to fulfil the forest functions by cadastral property (municipality, cadastral territory, parcel number, type, area of land, owner and tenant of land),
(d) an image of the cadastral map showing the desired capture and, where appropriate, a geometric plan;
(e) data on the classification of the parcels concerned in forest categories and their presence in the protected areas of natural water accumulation and in the territorial systems of ecological stability;
(f) in the case of temporary enrolment, a draft recovery plan, if necessary;
(g) the statement of the owner of the parcels concerned intended to fulfil the forest functions, where another person requests withdrawal;
(h) the statement of the lessee or, where appropriate, the smuggler, of the parcels concerned intended to fulfil the forest functions, where another person requests withdrawal;
(i) the statement of the professional forestry operator or legal or natural person in charge of this function.
(2) For the purposes of construction for which the purpose of expropriation is determined by law, the expression referred to in paragraph 1 (g) to (i) shall not be required.
Design of the recovery plan
The draft recovery plan shall include:
(a) a part of the technical or, where appropriate, a plan for remediation approved by the competent authorities (6), with the agreement of Article 14 (2) of the Forest Act, indicating the amount of hidden soil and the manner in which it is used, the objective and manner in which the land, ditches and drains, hydrotechnical and hydromelliorative measures, technical and biological land melioration are to be made available to transport;
(b) the part of the biological part, indicating the expected species and spatial composition of the crops, the quantity and type of reproductive material, the treatment and protection method, the method and intensity of fertilisation of the cultivated areas;
(c) the time and spatial recovery procedure;
(d) an inventory of land with another type of reclamation if the return of the reclamated land to the forest functions is not an option;
(e) map supporting documents showing the data referred to in points (b) and (c), the terrain profiles before and after reclamation, including the connection of the reclamated area to the surrounding terrain.
Details of the land acquisition procedure
The body of the State Forest Administration, which is decisive under Section 16 of the Forest Act, will assess the economic and social justification of the requirement and consequences of a possible acquisition to fulfil the forest functions.
Details in the reclamation of land intended to fulfil forest functions
(1) Those who, on the basis of a decision of the State Administration of Forests, are required to carry out a reclamation under the approved plan within the meaning of Article 2 shall ensure immediately after the end of any other use of the withdrawn land:
(a) the removal of all temporary structures, equipment, materials or other materials which would prevent the subsequent use of land to fulfil the forest functions;
(b) start of individual activities and measures of technical and, where appropriate, biological reclamation according to the timetable and scope set out in the approved recovery plan;
(c) notify the State Administration of the Forestry Authority, which has issued a decision pursuant to Article 13 of the Forest Act, that the reclamation has been completed in order to take over the reclassified land by owners or tenants and that the obligation to pay withdrawal fees may be terminated.
(2) In order to ensure the effectiveness of the implementation of the reclamation and the future use of the territory, neighbouring parcels intended to fulfil forest functions which are not affected by their own investment activities may be included in the recovery plan.
This decree shall take effect on the day of its publication.
Minister:
Ing. Lux v. r.
6) Sections 31 and 32 of 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. and Act No. 168 / 1993 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture No 77 / 1996 Coll., on the details of the application for withdrawal or restriction and details of the protection of land intended for the performance of forest functions |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.1996 |
|---|---|
| Effective from | 19.04.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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