Act No. 98 / 2019 Coll.
Act amending Act No. 167 / 2008 Coll., on the prevention and correction of environmental damage and amending certain laws, as amended
Valid
Law
Effective from 01.05.2019
Text versions:
01.05.2019
09.04.2019
98
THE LAW
of 20 March 2019
amending Act No. 167 / 2008 Coll., on the prevention and correction of environmental damage and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
In Act No. 167 / 2008 Coll., on the prevention and correction of environmental damage and on the amendment of certain laws, as amended by Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 85 / 2012 Coll., Act No. 64 / 2014 Coll., Act No. 250 / 2014 Coll. and Act No. 183 / 2017 Coll., § 8 including the title and footnote No. 12 reads:
Procedure for the imposition of preventive or corrective measures
(1) Proceedings for the imposition of preventive or corrective measures shall be initiated by the competent authority:
(a) at the request of the person referred to in paragraph 2; or
(b) as soon as it becomes aware of a fact which suggests that environmental damage may have occurred or is imminent.
(2) A request to impose preventive or corrective measures may be made by:
(a) a natural or legal person affected or likely to be affected by environmental damage; or
(b) a legal person governed by private law whose activity is environmental protection under the founding act and whose principal activity is not business or other gainful activity.
(3) The request for the imposition of preventive measures or corrective measures shall be accompanied by information showing that there has been or is imminent threat of environmental damage.
(4) The persons referred to in paragraph 2 shall be entitled to submit to the competent authority observations relating to cases of environmental damage or to the imminent threat of its formation which they are aware of, even if they have not submitted a request under paragraph 1 (a).
(5) The notice of initiation shall be published by the competent authority on the public administration portal and shall forthwith inform the administrative authority responsible for deciding on preventive or corrective measures under other legislation12).
(6) The persons referred to in paragraph 2 (b) may request the competent authority to be informed in writing, for a period of 1 year from the date of application without undue delay, of any proceedings initiated to impose preventive measures or corrective measures. This request must be specified locally and can be repeated.
(7) Where a procedure for the imposition of preventive measures or corrective measures has not been initiated at their request, the persons referred to in paragraph 2 (b) shall be. (b) the parties to such proceedings, if they have notified the competent authority in writing of their participation within 8 days of the date on which they took part;
(a) when information on the proceedings initiated pursuant to paragraph 6 has been received to them; or
(b) where the information concerning the initiation of proceedings has been published on the official plate of the competent authority.
(8) The procedure for the imposition of preventive measures or corrective measures initiated following an application shall not be terminated as a result of the withdrawal of the application if the grounds for initiating the procedure are given ex officio.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
12) For example, § 42 of Act No. 254 / 2001 Coll., as amended, § 86 of Act No. 114 / 1992 Coll., § 3c of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 41 / 2015 Coll., § 51 (1) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act). "
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Regulation Information
| Citation | Act No. 98 / 2019 Coll., amending Act No. 167 / 2008 Coll., on the prevention and correction of environmental damage and on the amendment of certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.2019 |
|---|---|
| Effective from | 01.05.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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