Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 99 / 1976 Coll.
Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic on Water Guard
Valid
Effective from 01.01.1977
99
DECLARATION
Ministry of Forestry and Water Management of the Czech Socialist Republic
of 17 May 1976
on the water guard
The Ministry of Forestry and Water Management of the Czech Socialist Republic, in agreement with the Ministry of Interior of the Czech Socialist Republic, provides pursuant to § 23 paragraph 4 of the Act of the Czech National Council No. 130 / 1974 Coll., on State Administration in the Water Economy:
The water guard for the protection of waters, watercourses and water works are set up by regional national committees in Prague, the National Committee of the City of Prague (hereinafter referred to as the "water authorities'), in whose territorial area there are water, water flows or water works to be protected. Where these waters, water flows and, where appropriate, water-based works are intended to be protected. Where these waters, watercourses and, where appropriate, waterworks are situated in the territory of several counties or regions, the water guard may establish a water management authority within the territory of which the citizen, designed to establish a water guard, has his residence.
(1) The Water Guard may be established by a Czechoslovak national of over 21 years of age, committed to a socialist social establishment, upstanding, bodily and mentally competent to perform this function, enjoying general seriousness and trust, who knows the obligations and rights of the Water Guard and has made the required promise.
(2) The organisation, (1) which proposes a citizen to provide water guards, shall submit to the water authority responsible for the provision of water guards, evidence of the health status of the proposed person, an extract from his record of penalties, indicate when and how it has informed him of the obligations and rights of the water guard and shall propose the scope of the water guard.
(3) The Water Authority shall examine the knowledge proposed on the obligations and rights of the water guard.
The water-based authority shall inform the citizen to be appointed by the water guard, in cooperation with the organisation proposing its provisions, with a specified scope of its competence in this capacity. In determining the scope of that scope, the water authority shall base its proposal.
(1) The citizen to be appointed by the water guard shall make the following promise to the water authority:
"I promise that as a water guard I will protect the interests of the Czechoslovak Socialist Republic and that I will exercise, with the utmost care, the protection of waters, watercourses or water works, in my activities, that I will comply with the legislation and that I will not exceed the authority of the water guard responsible." 2)
(2) After the oath has been lodged, the water authority shall issue to the water guard a certificate stating the provisions of the water guard and a service badge. The certificate shall determine the scope of the water guard and indicate the date of the composition of the promise and the number of the service badge.
(3) The service badge is made of metal, in the shape of an ellipse in which the state emblem of the Czechoslovak Socialist Republic is located. The height of the national character is 5 cm and the width is 3.7 cm. The upper part of the circuit strip of the badge is the inscription AQUATTERN, the lower part of the badge is the number of the badge.
The Ministry of Forestry and Water Management of the Czech Socialist Republic may establish a uniform uniform for water authorities, water surveillance, State water inspection and State water management organisations managed by the Ministry of Forestry and Water Management of the Czech Socialist Republic, which perform the functions of water guard, and a uniform marking according to the uniform principles established by the Minister of Forestry and Water Management of the Czech Socialist Republic. A national emblem is part of the uniform designation.
The Water Guard shall, in the performance of its tasks, be required to demonstrate itself on request by a certificate of the provisions of the Water Guard.
(1) The Water Guard shall, to the specified extent, protect waters, watercourses and water works against persons and organisations which infringe the provisions of the Water Act for the protection of waters, watercourses and water works.
(2) The organisation which has proposed the provisions of the water guard shall equip the water guard with the tools necessary for the performance of its duties and monitor that it performs its duties properly.
(1) The water-management authority which has appointed the water guard shall withdraw it from office in cases where:
(a) the water guard shall request an appeal;
(b) the organisation which has proposed the provisions of the water guard citizen shall notify the water authority of the circumstances which prevent it from continuing to carry out the tasks of the water guard, or where the water authority itself becomes aware of such circumstances;
(c) the water guard breaks his promise.
(2) A citizen who has been removed from his duties as a water guard by a water operator shall immediately surrender to that authority his service badge and a certificate of the provisions of the water guard.
(3) If there is a change in the local jurisdiction of the water guard, the water guard shall not make a promise again.
The water authorities shall keep records of the water guards they have appointed.
In the exercise of protection according to the nature of the infringement, the water guard shall be obliged to intervene and may:
(a) to call for the abandonment of an activity which infringes the provisions of the Water Act to protect waters, watercourses and water works;
(b) establish the organisation or identity of persons who have infringed the law of water;
(c) impose fines on citizens in block proceedings for offences against the protection of the water economy, where they are mandated to do so under special legislation3).
The Water Guard shall enjoy the protection of public officials in the performance of its tasks.
This decree shall take effect on 1 January 1977.
Deputy Minister:
Ing. Šteffel v. r.
1) § 23 paragraph 1 of the Act of the Czech National Council No. 130 / 1974 Coll., on State Administration in Water Management.
2) § 23 paragraph 2 of the Act of the Czech National Council No. 130 / 1974 Coll., on State Administration in Water Management.
3) Decree of the Ministry of Interior No. 61 / 1961 Coll., on block proceedings.
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Regulation Information
| Citation | Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 99 / 1976 Coll., on Water Guard |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.08.1976 |
|---|---|
| Effective from | 01.01.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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