Decree of the Ministry of Agriculture and Forestry No. 97 / 1966 Coll.
Decree of the Ministry of Agriculture and Forestry implementing certain provisions of the Act on the Protection of the Agricultural Soil Fund
Valid
Effective from 19.12.1966
97
DECLARATION
Ministry of Agriculture and Forestry
of 12 December 1966
implementing certain provisions of the Law on the Protection of the Agricultural Soil Fund
The Ministry of Agriculture and Forestry provides in the agreement with the participating central authorities pursuant to Article 30 (2) of Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund (hereinafter referred to as the Act):
Use of agricultural parcels
(k § 5 of the Act)
(1) In cases where the level of farming of agricultural parcels is threatened by their proper use, or where their management is substantially or totally neglected, the district national committee may require the user (owner) to carry out the work on its own expense:
(a) the fertilisation of agricultural parcels degraded, for example, by natural catches, shrubs, infestations or stones, the removal of unnecessary field paths and estuaries or limits which have no anti-erosive significance, the implementation of appropriate agro-technical measures aimed primarily at maintaining the soil in the necessary structural state (increase in humus content by organic fertilisation, etc.);
(b) on areas threatened with erosion
- introduction of appropriate anti-erosion procedures
- plant protection after harvest
- consistent observance of the orb, sowing and cultivation work in water erosion along the stratum and in wind erosion perpendicular to the direction of prevailing wind, construction of equipment for harmless water drainage outside the soils
- adaptation or establishment of anti-erosion limits to mitigate the gradient of land
- the creation of seeping devices or devices to reduce the speed and quantity of flowing water (belts, furrows, trays, terraces, etc.) on plots of sloping or with insufficient draining capacity.
(2) The measures referred to in paragraph 1 shall be taken by the district national committee, after prior consultation with the local national committee, the production administration and the owner of the land and, if the user (owner) of the organisation not managed by the production farm administration, by its superior.
Protection of the agricultural land fund in the processing of territorial plans
(k § 8 of the Act)
(1) The underlying documents for the territorial plans, the proposals for the political and technical principles of the territorial plans, as well as the proposals for the territorial plans, must be discussed by their processors during the processing of these documents and the proposals with the agricultural authority of the national committees and the production management in cases where a disturbance of the agricultural land fund is envisaged. In so doing, those authorities and the agricultural production authorities shall define the requirements for the protection of the agricultural land fund and the territory requiring exceptional protection for their fertility, for special agricultural use or for investments put into land, for land suitable for cultivation or for reclamation, indicating, where appropriate, other circumstances relevant to the protection of the agricultural land fund and agricultural production. They also express their views on the level of losses on agricultural production, on a forward-looking solution to the agricultural land fund and propose the development of an alternative solution to the zoning plan or part of it, if the protection of the agricultural land fund so requires.
(2) By discussing the initial documents, principles and draft zoning plan, the authority for the protection of the agricultural land fund is not bound when granting consent under Article 8 (2) of the Act.
(1) In the draft zoning plan of the area, the processor will also indicate as part of the overall solution the possibility of a forward-looking use of the agricultural land fund. It shall also give an indicative assessment of the extent of losses on agricultural production from land proposed in the plan for non-agricultural use. For indicative evaluations, the processor shall, in particular, use data on the inclusion of municipalities in agricultural production areas, the economic assessment of natural habitats, the management of agricultural organisations and the results of a comprehensive soil survey. It shall then carry out a comprehensive assessment of the impact of the proposed solution on the agricultural production of the area or district or region and justify the correctness of the solution in terms of social interests. The processor of the zoning plan shall propose measures to replace possible losses on agricultural production (reclamation, melioration, etc.).
(2) The processor of the draft indicative territorial plan, in which the use of agricultural land is foreseen for non-agricultural purposes, shall simultaneously draw up a graphic annex to the "agricultural land fund." In this Annex, the parcels proposed for use for non-agricultural purposes as well as the parcels of possible alternative solutions according to the cultures and the amount of gross crop production. On the basis of the graphic annex, it shall carry out an indicative assessment of losses on gross agricultural production (both plant and animal). The processor is obliged to demonstrate that, in terms of social interests and losses on agricultural production, the proposed solution is most advantageous. To calculate the gross agricultural production losses, it shall use indicative tables issued by the Ministry of Agriculture and Forestry.
Where appropriate, the processor may use other aids to calculate losses, provided that it agrees with the authority responsible for agreeing on the draft indicative territorial plan for the protection of the agricultural land fund.
(3) The processor of the proposal for a detailed zoning plan shall carry out an evaluation of losses on agricultural production using an evaluation of losses in the indicative zoning plan; specify them (if applicable, according to the supporting documents provided under Section 5 (3)), however, so that they can be taken over in the process of the investment task of construction. Where a proposal for a detailed spatial plan is processed without prior development of an indicative spatial plan, and the use of agricultural land for non-agricultural purposes is envisaged, the processor shall accompany the proposal for a detailed spatial plan with an overview of that land (s), drawn up by culture and soil quality, as well as an evaluation of losses on agricultural production.
(1) The authorities of the protection of the agricultural land fund (Section 8 (2) of the Act) give their consent to the draft zoning plan at the stage of its preliminary proposal. Where changes are made to the final draft zoning plan or, where appropriate, to non-compliance with the conditions under which approval has been given under the previous sentence, it shall be accompanied by the new agreement of the Agricultural Soil Fund Protection Authority before it is submitted for approval under the zoning rules.
(2) The authority submitting the draft zoning plan to express its consent with regard to the protection of the agricultural land fund to the Regional National Committee is also obliged to submit the result of the proposal with the agricultural authority of the District National Committee, including the opinion of the production farm administration; submit the proposal to the Ministry of Agriculture and Forestry (delegates of the Slovak National Council for Agriculture) also the opinion of the agricultural authority of the Regional National Committee.
(3) The authority submitting the final draft zoning plan for approval under the zoning rules is obliged to attach to the proposal:
(a) the agreement of the Agricultural Soil Fund Protection Authority (paragraph 1)
(b) a statement stating that there has been no non-compliance or change in the conditions under which consent (point (a) has been given).
(4) For the purposes of the protection of the agricultural land fund, the current border of the part of the municipality built shall be established in the preparation of the indicative territorial plan. The suspended part of the municipality (intravilán) under this decree is a territory which is continuously built or otherwise technically adapted to the needs of the municipality (the settlement) at the date of application of the law. Land which is agricultural land is also included in the built-up territory of the municipality, but does not form a continuous whole of the agricultural land fund (separated from it by continuous installation or moving into a built-up part and which is both in shape and in an area not suitable for agricultural management by mechanical means). Such land cannot, however, be considered to be gaps along roads and roads resulting from earlier construction, the cessation of which would lead to undesirable road construction and the non-economic extension of municipalities; either the territory between the estate and the railway or road, a road transponder, water flow, etc., where that territory is a continuous agricultural land suitable for agricultural management by mechanical means, cannot be considered as such. In case of doubt as to whether or not the agricultural parcel is part of an indolent, the regional planning authority of the district national committee shall, in agreement with the agricultural authority of that national committee, decide not to reserve a decision on a case-by-case basis by the local planning authority or, where appropriate, the agriculture of the regional national committee.
(5) In cases where it is necessary to establish a border for a built-up part of the municipality without an indicative zoning plan, the regional planning authority of the District National Committee shall ensure that the draft of the border is processed. Paragraphs 1 to 4 shall apply mutatis mutandis to the approval of this proposal.
Protection of the agricultural land fund in the processing of preparatory documentation of buildings
(k § 10 of the Act)
(1) The information on the level of losses of gross agricultural production (plant and animal production) by the investor in the preparatory documentation must also include the consequences of other effects of the investment on agricultural production (exhalation, disruption of the organisation of the agricultural land fund, change of water regime, communication networks, degradation of investments introduced into the soil, etc.).
(2) Gross agricultural production of land means production in the proper management of land. The management of the land of the relevant agricultural culture is a proper way of doing business, provided that the level of the agricultural technology concerned is correctly carried out and at present. However, the possibility of increasing agricultural production by investing in land (e.g. melioration) shall not be taken into account. In order to assess the results of sound management, the results from the average of the main agricultural factories over the last two years are decisive in the same production conditions of the district and on the site of the relevant culture. Where agricultural parcels concerned by the intended construction cannot be declared when processing the preparatory documentation of directional and line structures, gross agricultural production losses shall be calculated using the average yield per hectare in the pet territory.
(3) The documents for the calculation of gross agricultural production shall be communicated to the investor at his request and in return for payment.
(a) agricultural production management where the agricultural land required for non-agricultural purposes is in the use of agricultural organisations managed by it;
(b) a socialist organisation using the land concerned, if it is an organisation which is not managed by the agricultural production administration;
(c) the agricultural authority of the district national committee after consultation with the local national committee, if the agricultural land is used by a citizen.
The supporting documents shall be provided by these authorities (organisations) within 30 days of receipt of the request and, where appropriate, within the time limit agreed with the investor; provide, on request, evidence to analyse any other effects of the investment (paragraph 1). In complex cases (e.g. water disturbances, exhalation), the investor ascertains the necessary data from requested expertise.
(4) The District National Committee may, before giving its prior consent or, where appropriate, before submitting an application to a higher authority, require the investor to obtain an expert opinion from the Central Audit and Examination Institute for the calculation of gross agricultural production losses.
(5) The processing of the documentation of agricultural directional structures (field roads, open water trenches, terraces, etc.) can only be initiated within the progressive organisation of the soil fund, which is linked to the land modification project approved by the county national committee.
Protection of the agricultural land fund in mining and industrial activities
(to Article 11 of the Act)
(1) Organisations engaged in mining or industrial activities shall:
(a) to draw up proposals for a plan to eliminate the effects of mining or other industrial activities, including the reclamation of damaged parcels (hereinafter referred to as "the eradication plan").
In the areas of large-scale destruction of agricultural land, forward-looking and annual implementation plans shall be drawn up. If the soil is disturbed on smaller areas (in the construction of industrial enterprises, housing sites, etc.), a plan of destruction shall be prepared as part of the building documentation. Organisations preparing a draft plan of destruction shall, prior to its approval, request the opinion of the agricultural authority of the district national committee on the method and type of reclamation (agricultural, forestry, water management). If the extent of the reclamation exceeds the district perimeter, the organisation shall also request the opinion of the agricultural authority of the Regional National Committee;
(b) to draw up a plan of covering, on the one hand, from the point of view of technical adaptations, including technical reclamation (e.g. field treatment of soils and parcels used temporarily for non-agricultural purposes, land destroyed by submining, gravel mining, etc.), separate hiding of cultural layers of land, building operational and arriving roads, working hydromellioration, spreading of the ornice, drawing of quarry walls after the surface extraction of mineral deposits, etc., on the other hand, from the point of view of biological reclamination of the destroyed parcels after technical reclamelioration for agricultural purposes (melioration, organic and green fertilisation, cultivation of husk-crop mixtures and perennial crops, etc.), to ensure:
- the proper management of the cultural layer of the soil and, where appropriate, the further-stored fertilisation, their balance and use, the landscaping of the parcels concerned,
- the method of carrying out reclamation and correction of the water ratios of areas previously destroyed and newly excavated or industrial activities disrupted,
- the prospects for the farm plant management, in particular in areas of concentrated mining or industrial activity.
(2) Organisations (paragraph 1)
(a) be obliged to carry out, in accordance with the extraction and destruction plan, a separate plot of the cultural layers of the soil (ornias), or, where appropriate, a deeper set-up of capable soil (spray, spray and slope clay, tuphic clays, bentonite, oxyhumolite, etc.) on the area concerned by the operation, and to ensure that it is properly used for the recovery of degraded areas and for melioratory purposes, or, in economically justified cases, to ensure that they are transported and spread to areas intended to be fertilised by the agricultural authority of the district national committee, or places designated by that authority for further processing; in more complex cases, that authority may, before a decision is taken, seek the opinion of the agricultural authority of the Regional National Committee. The landfill of separately hidden earth must be established and registered by the mining or industrial organisation in such a way that it can be used in the future;
(b) use surpluses of the ornice, or, where appropriate, further-imposed fertilisation of the soil capable of fertilising the soil, which is not yet fertile or with little fertility, on which, by agreement to perform the replacement reclamation, a surface treatment was previously carried out by the mining organisation (e.g. removal of stones, grubbing-up of bushes), further to improve the quality and production capacity of other agricultural land by introducing and spreading the cultural layer of the soil. The capacity of the spread-out layer of soil shall be at least 10 cm after deduction of the flow. The use of these surpluses must be documented by a simple project and an economic evaluation, in other cases in the building documentation, if there is a large range of hides.
(3) If surpluses of the cultural strata of the soil cannot be used, or if there is a deeper set of fertilisation capable of earth for the purposes referred to in paragraph 2, they may be released for other purposes by the competent agricultural authority of the district national committee; the latter shall request the opinion of the agricultural authority of the Regional National Committee, with greater cover.
(4) National committees will always seek the opinion of the relevant production farm administration when discussing and approving the eradication plan.
(5) The implementation of the eradication plan from technical modifications to the completion of the recovery of biological material is ensured by a mining or industrial organisation whose activities have been damaged by the land. Agricultural organisations take the reclamated land into management after completion of biological reclamation. However, if an agreement is reached to take over the land before the reclamation is completed, the mining or industrial organisation shall reimburse the agricultural organisation for the increased costs of its management until the planned completion of the reclamation process. The agricultural organisation shall keep separate records of the costs and revenues of these areas.
(1) Mining organisations are required to comply with the following measures when mining:
(a) to smooth out the effects of mining on the entire destroyed area following the landfill on the surrounding landscape, taking into account both the needs of the economic use of the land in the vicinity in order to create continuous areas and to create a natural environment, and to ensure that there is no harmful accumulation of gaseous and solid crops and disruption of the landscape. In the areas of concentrated coal mining, coal mining organisations shall discuss with the agricultural authority of the District National Committee, or the Regional National Committee, the concept of the location of the construction and the shape of the drains, not only in terms of future use for reclamation but also in terms of the creation of the natural environment;
(b) to base the dispensers in a way that allows the surface to be settled and its subsequent reclamation. To this end, mining organisations are required to develop technical standards for the treatment of the surface of soils which, in the areas of concentrated extraction, are the basis for the transfer of surfaces for reclamation and for the economic evaluation of the different ways of spreading soils (for foundry soils, the average surface inequalities are not to exceed ± 1 m);
(c) to set up elevated dyes so that the maximum area can be used for their agricultural reclamation;
(d) to base excess droughts on the loading ground to ensure their stability. In doing so, account should also be taken of the hydrological ratios of the dump and of its subsoil and surrounding areas, in order to avoid pollution of the surrounding agricultural land. Against the effect of water erosion and to protect against slides, adjust the sloping slopes so that the slope angle ensures stability with regard to the mechanical properties of the droplets and the height of the droplets (the general slope of droplets should not exceed 1: 4, the slope of slopes 1: 2). At higher droplets, the slopes must be secured by terracing the general slope and a suitable spacing of the individual droplets. The slopes of the terraces properly adjust and ensure against water erosion (e.g. by grounding by planting shrubs and suitable bushes, by technical means);
(e) make available the dashings by means of incoming roads, and, for larger dashings, also build a network of special-purpose communications on the upper surface and the discharge stages, while maintaining the principles of anti-erosion protection;
(f) to eliminate the consequences of non-organised soil sprinkling in areas of concentrated coal extraction also on old spillages by adjusting their slopes, by sprinkling such spillages, or directly by biological reclamation according to the conditions;
(g) to ensure that the water treatment in the soil is also adapted, the surface of the soils to be aligned and adjusted so that agricultural machinery can be used on it, the crown of droppings at least in the power of the vegetation layer to be made from soil which have the ability not only to receive precipitation water but also to retain for the needs of vegetation; to facilitate the leakage of precipitation water and reduce its effluent to a minimum to create an appropriate structural state of soil, such as biological reclamation, the cultivation of pioneering plants;
(h) adjust, in agreement with the water authorities, the total 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;
(ch) to ensure the cultivation of land for which the extraction of mineral materials is significantly disrupted until such land can be included in the normal rotational process after the extraction and reclamation has been completed.
(2) For the surface extraction of raw materials for construction and industrial purposes (gravel, brick clay, kaolin, limestone, ceramic clay, stone, ore, etc.), the organisations operating these activities are required to reclamate the harvested premises and return them to the agricultural production by treatment of the terrain, by filling the area with substitute soil, by covering the layer of the ornament and by carrying out, where appropriate, biological reclamation. If agricultural or forestry reclamation is not possible (e.g. mining under groundwater and lack of filler material), the mining organisation is obliged to adjust the extraction area to regular shape, strengthen the slopes, clean the premises from unharvested residues, masses, adjust the damaged water streams to avoid contamination or to dry agricultural parcels. The method and essential solution of the reclamation shall be documented by the mining organisation at the time of the process; the extraction-related recovery plan is part of the investment task or, where appropriate, the opening, preparation and conquest plan.
Mining organisations shall comply with the following measures when mining:
(a) reduce, where possible under the given technical and economic conditions, the declines of agricultural land (the basis of the broken-down compositions, etc.);
(b) in places of intense declines and prior to the progress of the piles to carry out a plot of cultivation capable of soil and to use it to reculate degraded undersown parcels and to adjust the drains that can be reclaimed on agricultural or forest land;
(c) to make landscaping, to fill in with surrogate soil and to relay the topsoil for further agricultural use, on milder, unwatered soil declines;
(d) on contaminated parcels, where they have been affected by deep-sea mining and activities related thereto, adjust the water regime by draining and by adjusting the disturbed watercourses; water-treated areas to fill with surrogate soil and overlay with topsoil for further use (to obtain arable land, to set up a set, etc.), to properly adjust the aquifers, including surrounding shore land, to build multi-purpose water tanks.
Industrial organisations shall comply with the following measures in their activities where waste effluents are generated (ash complex, flotation noise, etc.):
(a) they have set aside ash and slag mainly into infertile terrain inequalities of natural and artificial (e.g. mining mines, sandstone and brick);
(b) to reduce dust dust in the construction of boulders to ensure the removal of spatula and slag in humidified condition; during the hydraulic mode of transport to ensure the cleaning of waste water from the drains and to avoid leakage of water into the surrounding soil. To build flat bays with well aligned surface, to keep the bead surfaces clean (wet); when the operation is interrupted (unless reflux is reclamated), fasten the surface layer with sufficient amounts of heavy earth mixtures;
(c) the areas intended for rolling shall be filled gradually so that the individual filling points can be reclaimed in due time;
(d) they are permanently put out of service to reclamate by relayer the cultural layer of the soil; to recuperate the use of its own eagles and, where appropriate, the excess of ornice cover and the fertilisation of capable earths from other businesses.
Final provision
This decree shall take effect on the day of its publication.
Minister:
Ing. Burian v. r.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture and Forestry No. 97 / 1966 Coll., implementing certain provisions of the Act on the Protection of the Agricultural Soil Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.1966 |
|---|---|
| Effective from | 19.12.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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