289/1995 Coll.
LAW
Dated 3 November 1995
On forests and amending and supplementing certain acts
(Forest Act)
Change: 238/1999 Coll.
Change: 67/2000 Coll.
Change: 132/2000 Coll.
Change: 76/2002 Coll., 320/2002 Coll.
Change: 149/2003 Coll.
Change: 149/2003 Coll. (Part)
Change: 1/2005 Coll.
Change: 444/2005 Coll.
Change: 222/2006 Coll.
Change: 186/2006 Coll.
Change: 124/2008 Coll.
Change: 167/2008 Coll.
Change: 223/2009 Coll.
Change: 227/2009 Coll.
Change: 281/2009 Coll.
Change: 503/2012 Coll.
Change: 280/2013 Coll.
Change: 501/2012 Coll., 344/2013 Coll.
Change: 64/2014 Coll.
Change: 15/2015 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Forest Act
CHAPTER ONE
PRELIMINARY PROVISIONS
Section One
§ 1
Purpose of the Act
The purpose of this Act is to establish conditions for forest preservation, care
forest and reforestation as national wealth
forming an irreplaceable component of the environment to perform all its functions and to support
sustainable forestry him.
§ 2
Definitions
For the purposes of this Act
A) forest forests with their environment and land intended to fulfill forest functions
,
B) the functions of forest benefits conditional upon the existence of the forest, which are divided into productive and non
,
C) forests trees and bushes forest trees, which in these conditions
fulfill the functions of the forest,
D) restoration of forest management, protection, education and mining forest
and other activities ensuring fulfillment of forest functions
E) forest protection activities aimed at limiting the influence of harmful
factors, protective measures against harmful factors and mitigation
consequences of their action,
F) harmful agents, pests, adverse weather
effects of air pollutants and physical or chemical factors causing damage
forest
G) harmful organisms pathogens forest and plant or animal pests
forest,
H) reforestation package of measures leading to the formation of the subsequent forest
stand,
I) afforestation foundation of a forest,
J) ensuring woodland achieve such a state forest, for that
after afforestation require further intensive protection and a number of individuals and
their deployment in the forested area and species composition of forest trees
gives the conditions for the emergence of suitable habitat forest cover
K) education measures affecting forest species and spatial composition,
growth, development, health, durability and quality of forest cover
order to ensure the fulfillment of forest functions; education is not a toll mining,
L) intermediate felling deliberate exploitation of mining carried out in order vegetation
M) extraction toll deliberate exploitation carried out in order to restore vegetation or
selection of individual trees in a stand designed to restore,
N) random mining extraction carried out for the purpose of processing
dry trees, uprooted, diseased or damaged,
O) mining extraction outstanding conditional authorization or decision of a state forest administration
,
P) natural forest areas contiguous areas with similar growth
conditions for forest
R) economic unit files differentiation forestry
set within the natural forest areas and characterized
functional focus, natural conditions and the state of forests,
S) vegetation basic unit of spatial distribution of forest
identified in the field and displayed on the forest map.
§ 3
Lots intended to fulfill forest functions
(1) Land intended to fulfill forest functions are
A) land with forest stands and areas where forests have been
removed for the purpose of restoration, forest clearings and unpaved forest roads
if not wider than 4 m, and land on which the forest
stands temporarily removed by decision of a state forest administration according to § 13 paragraph
. 1 of this Act (hereinafter referred to as "forest land")
B) paved forest roads, small water areas, other areas, land
above the upper limit of woody vegetation (canes), with the exception of land
built and the access road, and forest pastures and fields for
animals unless they are part of the agricultural land Fund ^ 1)
If the forest relating to or used forestry (hereinafter
"other land"). These lands can state administration of forests enact
denote their affiliation to the land intended to fulfill forest functions.
(2) Land designated to fulfill the functions of forests are nursery and plantation forest trees
based on grounds which are not intended to fulfill forest functions
if state administration of forests on a proposal from the landowner decides otherwise
.
(3) In case of doubt whether the land designated to fulfill the function
forest decides state administration of forests.
(4) Land which are not listed in paragraph 1, the body of state forest administration
to the proposal from the land owner or with his consent declare
decisions for land intended to fulfill forest functions. The provisions of special regulations
^ 1) are unaffected.
§ 4
Dealing with the state-owned forests
(1) Regarding state-owned forests (hereinafter referred to as "State Forests")
apply to the rights and obligations of the forest owner under this Act
legal person which is entrusted with the management of these forests,
unless this Act stipulates otherwise.
(2) The legal acts which are loaded with state forests, especially
agreements on the transfer of management rights or transfer of ownership and contracts for
lease or loan, with the exception of contracts for the lease or || | borrowing land intended to fulfill forest functions whose restrictions
fulfill the functions of forests or on temporary withdrawal fulfill forest functions held
state administration of forests (§ 13 para. 1) need to be valid preliminary
approval by the Ministry of agriculture (hereinafter the "Ministry").
Provisions of special regulations ^ 2) are unaffected.
(3) legal entity that is entrusted to manage forests owned
law on the basis of a written contract under special legal regulations
^ 32) converts land authorized person in accordance with § 11 para. 2 of the Act || | No. 229/1991 Coll., As amended; However, such a transfer
may be used only secluded forest land under paragraph 4.
(4) separated forest lands are lands that are wedged between
forest land owners other than the state or they're separate
forest land surrounded by lands that are not designed to fulfill forest functions for
provided that such land in the area to 1 ha is far from
complex state forests more than 100 m, in an area of 5 ha more than 500
m in an area of 10 ha more than 1000 meters; unconnected forest land is also considered
forest land to the total area of 10 ha
separated from the complex state forest rivers, highways, roads, highway
type, dams, airports with hard-surface or other
landed stripes which prevent their direct connection with the complex
state forests while forest transport. Distance is the shortest of maps
determined distance between the boundary of the complex state forests and the transfer
proposed abated forest land. Complex state forests
means contiguous land designated to fulfill the function of a forest area of more than
10 ha.
(5) land intended to fulfill forest functions are considered contiguous,
if you can get from one to the other without crossing
foreign land; narrow strips of land to a width of 10 m interrupt this connection, it is
If, however, in the longitudinal direction, do not establish a link between land
joined them; for such bands are not rivers, highways,
speedway-type roads, dams, airports and hard-surface
additional land strips that prevent a direct connection between them
separate parcels intended to fulfill forest functions in forest transportation .
The link is not broken roads, watercourse
administrative boundary of the district, the community borders, cadastral boundary area or
fencing and similar buildings impossible if a direct connection between them
separate parcels intended to fulfill forest functions in the forest
transport.
(6) For the transfer of forest land in recognized farm conditions ^ 33) do not apply these restrictions
distances and acreages from the complex state forest.
Forest land in these recognized farmed animals may be transferred to another
owners of land farmed by the recognized breeds, and within
total acreage of 10 ha.
(7) co-ownership share of state for the purposes of transfer under paragraph
9 means the share of the state most half if the size of the ownership share
State as an area of less than 10 hectares.
(8) For the purposes of transfer pursuant to paragraphs 3 and 9 as part of forest land
consider cessation of forest land, fencing and construction of roads
purpose.
(9) Upon written request of the municipality transferred the designated legal entity
free of charge to town ownership
A) secluded forest land designated land use plan issued or issued
regulatory plan or decision on the site location for building
public works
B) secluded forest land designated land use plan issued or issued
regulatory plan as sports,
C) Co-ownership of the state in the case when the co-owner
village land.
(10) Requests under paragraph 9 of the designated legal entity meets when
conditions set out in this Act and unless prevented the transfer
rights of third parties. Provisions of special regulations shall remain unaffected.
§ 5
Prohibition lease and sublease
(1) Lease and Sublease of state forest to forest management is
banned.
(2) Sublease forest is not allowed, unless the lease contract provides otherwise
.
Section Two
Forest categorization
§ 6
Category forest
Forests are divided according to prevailing functions into three categories, namely
protective forests, special purpose forests and production forests.
§ 7
Protection forests
(1) The category of protective forests are classified
A) forests at exceptionally unfavorable sites (rubble, stone sea
steep slopes, ravines, stabilized silt and sand, peat bogs
heaps and dumps, etc.)
B) alpine forests below the tree vegetation, protecting lower
forests, forests on exposed ridges,
C) forests in the scrub forest vegetation.
(2) The inclusion of forests into categories of forest protection and the elimination of this category decides
state administration of forests to the proposal
forest owner or on its own initiative.
§ 8
Special purpose forests
(1) Special purpose forests are forests which are protective forests and is located
A) in the zones of sanitary protection of water resources of the first degree, 3)
B) the protective zones of natural curative and table
mineral water, ^ 4)
C) in national parks and national nature reserves. ^ 5)
(2) The category of special purpose forests also include forests, in which
public interest in the improvement and protection of the environment or other
legitimate interest of non-production functions of the forest is superior
production functions. Regards forests
A) in the first zones of protected areas and forests in nature
reserves, national natural monuments and natural monuments, ^ 5)
B) spa,
C) suburban and other forests with increased recreational function
D) used forestry research and forestry teaching
E) with enhanced soil-protection, water protection, climate or
landscape-
F) the need to maintain biodiversity,
G) in recognized game reserves and individual pheasant ^ 6)
H) where another important public interest requires a different
management.
(3) The inclusion of forests in the category of special purpose forests under paragraph 2
and the elimination of this category depends on the state administration of forests on the proposal
forest owner or on its own initiative.
§ 9
Forests economic
Forests are forests which are not included in the category of
protective or special purpose forests.
§ 10
Forests under the influence of air pollution
Forests under the influence of air pollution are classified into four zones endangered.
Danger zone states ministry legislation.
CHAPTER TWO
Forest conservation Section One
§ 11
Basic duties
(1) Everyone must act so as to avoid endangering or
forest degradation, as well as buildings and equipment used in farming
forest.
(2) The forest owner is obliged to seek in forest management to ensure that
not harm the interests of other forest owners and forest functions are maintained
(filling evenly and consistently), and to preserve the (protected) gene pool | || forest trees.
(3) A forest owner is entitled to compensation for the loss incurred due to restrictions
Forest management against state authority, which on this limitation
decided. The competent authority may impose the payment of compensation to persons in whose interest
about this limitation decided.
(4) No person shall, without permission to use forest land for other purposes if
this Act stipulates otherwise.
§ 12
Records and land subdivision
(1) To provide an overview of land intended to fulfill forest functions
circuit in its scope as government bodies authorized to use the forest
charge cadastre data. ^ 7)
(2) The owners of forest land and other land (§ 3 para. 1)
are required within 30 days of the conclusion of the contract to notify the state authority
forest formation lease, sublease or loan or other forest land
if they continue or take less than five years. This agreement must be
concluded in writing, otherwise it is invalid.
(3) Separation of forest land in which one part of the area falls below 1
ha requires the approval authority of the state forest administration. Government body
forest agreement issued, if the division incurred
lands unsuitable shape or size, not allowing proper forest management.
Section Two
Protection of land intended to fulfill forest functions
§ 13
Contents and basic duties
(1) All land intended to fulfill forest functions must be effectively managed
under this Act. Their use for other purposes is prohibited
. The exception to this prohibition may decide state authority
forests on the request of the owner, or forest land in the public interest
.
(2) The use of land designated to fulfill the functions of forests for other purposes
must be especially
A) used primarily for land less important in terms of fulfilling the functions
forest and ensure that land use minimum disturbance management
forest and the performance of its functions
B) care is taken to avoid improper cutting of the forest in terms of its
protection and endanger neighboring forest,
C) INTERFERENCE network of forest roads, reclamation and torrent control in forests
and other facilities serving forest management; if necessary
limit their functions must be restored to its original condition, and if it is not
possible, ensure adequate alternatives
D) established roads and clearings in the woods so that their
establishment of avoiding increased threat of forest, mainly wind and water erosion
.
(3) Legal and natural persons performing construction, mining and industrial activities
are also obliged
A) carry out the work so that the land and forests
causing the least damage; removing any damage immediately
take the necessary measures
B) impose removers matter in mined areas, and if this is not possible or economically
justified store is mainly for infertile
areas or on non-forest land for this purpose,
C) continuously create prerequisites for subsequent reclamation released
areas; after the end of the occupation of the land for other purposes shall perform
reclamation of the affected land so that they can be returned to the fulfillment of the functions
forest
D) use of appropriate technical means, technologies and biologically degradable hydraulic fluids
and take effective measures to prevent the escape
substances depleting the forest and natural environment.
(4) In carrying out geological and hydrogeological survey are
investors such work required to comply with the provisions of paragraphs 2 and 3, and
if such activities do not require a decision under this Act
announce this action against the authorities of the State forest management
first Instance, and submit a written consent of the owner of the forest.
§ 14
Processing and discuss the documentation
(1) Designers and makers of planning documentation, ^ 8)
proposals to establish mining areas ^ 9) and preparing the documentation
buildings are obliged to preserve the forest, looking to
provisions of this Act. They are obliged to propose and justify a solution that
in terms of forest conservation, environmental and other societal interests
best, yet they are required to perform
evaluation of the expected consequences of the proposed solutions
propose alternative solutions, subsequent reclamation method and arrangement of the territory after
completion.
(2) Notwithstanding the proceedings under special regulations ^ 10)
interests protected by this Act, shall decide the building authority or another government body
only with the consent of the relevant state forest administration, which can make your || | agreement subject to compliance with the conditions. This consent must also concern
land within 50 m from the forest edge.
Agreement issued as a basis for decisions about the placement of construction or planning permission for a further
decision authorizing construction, equipment or landscaping or
their announcement is binding opinion of the Administrative Code-10a) and is
separate decisions in administrative proceedings.
(3) Any person who intends to make regular structure in which it is assumed
permanent or temporary withdrawal or restriction pursuant to § 15 para. 1, is obliged
prior to processing documentation for zoning decision to ask for | || State forest administration about the conditions of the route through
forest land affected by the planned construction.
Section Three
Withdrawal of land and restrictions on their use
§ 15
General principles
(1) Withdrawal of land fulfillment of forest functions (hereinafter referred to as "withdrawal") is releasing
such land for other uses. Restrictions on the use of land for the fulfillment
forest functions (hereinafter "restriction") is a condition where the affected land
can not be met, some forest functions in the normal range.
Withdrawal or restriction can be permanent or temporary. Permanent means a permanent change
land use, the land temporarily released for other purposes for a period specified in the decision
(§ 13 para. 1).
(2) Withdrawal or restriction on new buildings for recreation on land
intended to fulfill forest functions shall be in accordance with the approved town planning documentation
. ^ 8) protection forests and forests of special
determining not to disrupt the new building fulfilling the functions for which they were
forests declared as protection forests or special purpose forests.
(3) No withdrawal may be on land designated for forestry place
A) signals a stabilization stones and other brands for surveying purposes
poles overhead lines, manholes, underground lines, if in individual cases
not an area larger than 30 m2
B) pumping stations, boreholes and wells, stations
overhead or underground lines, equipment and environmental monitoring stations serving
environment and wind pits, if in individual cases is not about
area larger than 55 m2.
§ 16
Procedure for withdrawal or restriction
(1) An application for withdrawal or restriction serves a body of state forest administration
one in whose favor the withdrawal or limitation occur (hereinafter
"applicant"). The withdrawal or restriction shall decide the state authority
forests in whose territory the land in question or the bulk
located.
(2) The decision on withdrawal or restriction of the state administration of forests shall
) Data on forest land affected by decisions
B) plan, to which the implementation of this decision
C) the period for which the suspension or restriction states and approved
Reclamation Plan, if necessary,
D) the manner and term reforestation of land if, following completion
use for other purposes land returned to fulfill forest functions
E) in prison for extensive construction or mining for minerals deadline
gradual deforestation withdrawn areas so that these areas were used to
fulfill forest functions until their actual use for other purposes
F) other conditions set out in the opinion of the competent state authorities
or the conditions necessary to protect the land designated to fulfill the function
forest, forest or facilities serving forest management.
(3) If the further use of forest land withdrawn
fulfill the functions of forests or forest lands, forest functions whose performance is limited, it is necessary
building permit or other decisions under special regulations should not be initiated
with their deforestation before this decision becomes final
.
(4) The state forest administration at the proposal of the applicant or owner
land or on its own initiative, the decision on withdrawal or restriction
change or cancel, if required by the public interest or if he no longer
land to serve the purpose for which the decision was issued.
(5) If the authority of the state forest administration decides otherwise, will void
Decision on withdrawal or restriction and land returns fulfilling the functions of the forest
A) the deadline to which the decision was issued,
B) if not two years after the decision
began with the use of land for the purpose for which the decision was rendered;
forest owner is obliged to notify the State Forest Administration, which issued the decision
and who notify other parties.
(6) The Ministry shall establish the requisites of dispossession
or restrictions and details on the protection of land intended to fulfill the function
forest.
Section Four
Fee for withdrawal
§ 17
(1) An applicant who has been granted permanent or temporary withdrawal
is obliged to pay a withdrawal fee (the "Fee").
Fee amount determined in accordance with Annex hereto state administration of forests in
decision pursuant to § 13 para. 1st
(2) The fee does not prescribe, in the case of withdrawal for
A) structures serving forest management,
B) construction of buildings and facilities needed for wastewater treatment,
C) construction of buildings and facilities necessary for the collection and production of potable water
.
(3) The authority referred to in paragraph 1 shall send a copy of the final decision
appropriate customs office within 15 days from the date of the decision.
Method and deadlines for the transfer of funds from recipients
charge fees under paragraph 4, the special regulation. ^ 12)
(4) The fee accounts for 40% of the municipality in whose cadastral territory the
withdrawal, and 60% of the State Environmental Fund. ^ 13) fee that
income of the municipality, can only be used for environmental improvements in
village or forest preservation.
(5) The payment of the fee remains unaffected requirement for the applicant to replace
forest owner in damages.
(6) In the cases referred to in § 16 para. 5 point. b) the fees paid
returned.
§ 18
Maturity charge
(1) The fee for permanent withdrawal is paid a lump sum within 30 days of
legal force of the decision on withdrawal. The fee for a temporary withdrawal of the
paid annually at the rate set for the first charge, always
by the end of the calendar year in which the withdrawal takes. In case
that the withdrawal will take place or will be completed during the calendar year,
provides a fee of one twelfth of the annual amount of the fee for each
, commenced month.
(2) At the request of the applicant customs office may, in exceptional cases
decide for permission to postpone the deadline for payment of the fee or payment
fee in installments.
(3) If the fee is not paid in full no later than the day of his
maturity, the applicant shall pay per each day of delay
penalty in the amount of 0.1% of the outstanding amount, starting from the day following
after the date of maturity till the date of payment, inclusive. The amount of penalties, the customs office
applicant payment order. Against the payment assessment
applicant may appeal within 30 days of its receipt. The penalty shall not prescribe, if
exceed in the aggregate amount of CZK 100.
(4) Income from interest or penalties converted office of recipients fee
according to § 17 para. 4th
CHAPTER THREE
GENERAL USE OF FORESTS
§ 19
Use of forests
(1) Everyone has the right to enter the forest at your own risk, there
gather for their own use berries and dry twigs lying on the ground.
When it is obliged not to harm the forest, to avoid interfering with the forest environment and follow instructions
owner or tenant of the forest and its employees.
(2) Beekeepers may, with the consent of the owner of the forest and promote
ecological balance, pollination of plants, honeydew and improve utilization
production of forest tree seeds to place their colonies on forest lands
assuming compliance with obligations
under paragraph 1 second sentence.
(3) At the suggestion of the forest owner or on its own initiative
body of state forest administration in order to protect the forest or in the interest of the health and safety of citizens
decide to temporarily restrict or exclude the entrance to the forest, a maximum
However, for a period of three months. The same can be determined by Regulation village ^ 14)
with extended powers. You can set time in the same way
extended for up to three months. Bans on entering the forest or other forest use
restrictions laid down by specific regulations or by their renowned
remain unaffected. Access to forests, which are essential for
National defense (hereinafter "military forests"), are governed by special regulations
. ^ 15)
§ 20
Prohibition of certain activities in the forests
: (1) the forest is prohibited
A) disturb the peace,
B) carry out landscaping, disturb soil cover, build sidewalks
build fences and other objects
C) dig up young trees, shrubs and woody plants,
D) benefit trees and shrubs or damage,
E) collect seeds of forest tree species, mistletoe and Loranthus,
F) gather berries in a way that damages the forest
G) ride and the state motor vehicles
H) to enter locations fenced or marked an entry ban
I) entering into the stands where the excavation is carried out, handling or transportation
wood
J) off forest roads and marked trails to ride a bike, riding,
skiing or sleigh
A) smoke, distribute or keep open fires and camp outside
placeholders
L) to throw burning or smoldering objects,
M) damage the water and the soil environment,
N) graze cattle enclosure allow livestock and livestock Průhon
forests,
O) pollute forest waste and garbage.
(2) distribute or keep open fires is also prohibited to
50 meters from the edge of the forest.
(3) The prohibitions in paragraphs 1 and 2 shall not apply to activities which are carried out at
forest management; prohibitions referred to in paragraph 1
point. l) to o) apply also to the forest owner, tenant or a forest of
who uses the forest on other legal grounds.
(4) forest owner may grant an exemption from the prohibitions referred to in paragraph 1
point. a) to k). If this exception violated the rights of others
forest owners decide on a proposal from the forest owner state authority
forests.
(5) Organized or mass sporting events can be held in a forest on the basis of a notification
body of state forest administration. The notice, which must be
submitted at least 30 days prior to the date of the event, the organizer shall
place and date of the event, number of participants, the way
collateral and consent of the owner of the forest. State Forest Administration may
15 days of receipt of the notification to include additional conditions.
Provisions of paragraph 1 point. g) and j), and paragraph 4 are not affected.
(6) Prohibition ride and stand in the forest of motor vehicles
does not apply to employees of state forest management in their jurisdiction during
performance of activities under this Act and to persons carrying out activities permitted by special
regulations. ^ 16)
(7) The prohibitions in paragraph 1 under a), h) and j) and with the consent
forest owner also under letters b) and g) shall not apply to law enforcement
hunting by special regulations. ^ 6 )
§ 21
Compensation for damage to the forest
(1) Natural and legal persons in its activities
use or produce substances that deplete the forest and forest endangers or impairs,
are obliged to take measures to prevent or mitigate their harmful effects.
(2) If, following the implementation of the construction of the decoupling
comprehensive forest area, forest roads or other structures and facilities serving
forest management is the one who caused the obliged person | || that it suffered a damage, replace and increased operating costs it incurred by
. Provisions for environmental damage under special regulations ^ 17)
not prejudice.
(3) The forest felling in connection with the implementation of construction
investor is obliged to pay what would be the forest owner in the proper management
reached, if not for the premature felling of forest
stand, after minus the amount that eventually won for timber from
liquidated forest.
(4) The Ministry, in agreement with the Ministry of Finance provides legal
regulation method for calculating the amount of loss or damage caused to forests.
§ 22
Safety of persons and property
(1) Property owners or investors of buildings and equipment are required
carry out at its own expense essential measures which are or will be
their land, buildings and equipment protected against damage caused
especially landslide, falling rocks, falling trees or parts
overlapping branches and roots, shading and avalanches of land intended to fulfill forest functions
; these measures are entitled to perform well on land
Intended to fulfill forest functions. The scope and method of security
down the state administration of forests, unless under special regulations
^ 18) other relevant government body.
Owner of land intended to fulfill forest functions is obliged to tolerate the implementation of the measures.
(2) Where the safety of persons and property, except
measures referred to in paragraph 1 and a change in how forest management or
restrictions on the use of land intended to fulfill forest functions, decides
organ of state forest management and other measures to determine who will bear
costs involved and who will replace any damage to forest owners.
Provisions of special regulations shall remain unaffected. ^ 19)
CHAPTER FOUR
Prerequisite for sustainable forest management
Section One
Differentiation management
§ 23
Regional forest development plans
(1) Regional forest development plans are
methodical tool of state forest policy and recommend principles of forest management.
Elaboration of regional plans of forest development enters a draft regional development plans approved by the Ministry
forests. Subject to approval of regional plans of forest development
is binding opinion of a central authority
conservation in terms of the introduction of non-indigenous species
forest trees.
(2) costs purposefully incurred in the preparation of regional development plans
forests covered by state.
(3) The approval of regional plans of forest development is not subject to general
administrative regulations.
(4) Details of the preparation of regional plans of forest development provides
Ministry regulation.
Section Two
Forest management
§ 24
Forest management plans
(1) Forest management plans (the "Plans") are tools
forest owner and the process is usually ten years.
(2) The plans contain provisions binding and recommendatory.
Mandatory provisions of the plan, the maximum total amount of logging and minimum share
amelioration and solidifying trees to restore vegetation.
Forest owner has the right to partial reimbursement of additional costs of planting
minimum proportion of ameliorating and stabilizing tree species to the state.
Aid rules on planting these species regulated by the ministry regulation.
For state forests and forests owned by municipalities is mandatory provisions also
minimum areal extent of thinning in forests under 40 years of age.
(3) Legal persons entrusted with the management of state forests
other legal and natural persons owning more than 50 hectares of forest in the perimeter
territorial scope of the approving authority of the State Forest Administration (§ 27)
they are obliged to ensure that treatment plans. Managed according to a plan may also
legal and natural persons owning less than 50 hectares of forest.
(4) One plan may be developed for the forests of an area exceeding 20,000 hectares.
(5) Legal entities and individuals for which they were approved plans
are obliged to comply with the mandatory provision (paragraph 2).
§ 25
Forest management curriculum
(1) To determine the condition of the forest and the state administration of forests
for all forests of an area less than 50 ha owned by individuals and legal entities
if for them it is not a plan (§ 24 para. 3)
processed forest management scheme (hereinafter the "outline").
Curriculum is usually processed for ten years with the same validity period in a designated area
. Their processing enters state administration of forests.
(2) The intention to enter the processing outline declares state administration of forests
generally binding ordinance. Natural and legal persons owning forests
area of less than 50 ha (paragraph 1) have the right to the deadline stipulated
authority of the State Forest Administration inform him of his intentions and
processing requirements outline.
(3) The owner of the forest area of more than 3 hectares, which is interested
outline for forest management and acceptance protocol it takes is
becomes binding upon the total amount of logging that is impassable, and
share of ameliorating and stabilizing tree species to restore growth.
Owner of the forest area up to 3 ha, which is interested in the curriculum for farming
forest and acceptance protocol will receive it, becomes binding
total amount of logging that is insurmountable. § 24 par. 2 is used
analogy.
(4) Each forest owner receives from the State Forest Administration curriculum
regarding the forest for free.
(5) The Ministry provides legal regulation details on entering, processing and
part of the curriculum of their changes, a method of deriving
binding provisions of the curriculum and the way takeover curriculum forest owner.
§ 26
Processing curricula
(1) curricula can only process
legal or natural persons who have access to this activity license granted by the Ministry
Title Six of this Act.
(2) The cost of treatment plans borne by the forest owner;
costs of treatment paid by the state curriculum.
(3) Natural and legal persons whose rights, interests protected by law
or duties may be affected, and government authorities may
exercise their comments and requests for processing plans or curricula
later than the date determined approving government authority
forests. The provisions of § 25 par. 2 no prejudice.
§ 27
Approval and changes to plans
(1) A forest owner, who is obligated to manage according to plan (§ 24 para.
3), is obliged to submit a draft plan for approval by the state authority
forests in two copies within 60 days after the expiry
previous plan. State Forest Administration approves the plan, unless
inconsistent with this Act and other legislation. ^ 20)
One copy of the approved plan remains based with the local government authority
forests, which recovers the cost
one copy.
(2) If continuous forests of one owner decompose in the circuit
territorial competence of two or more State Forest Administration is to approve the plan
competent authority of the state forest administration in whose territorial scope is
the largest part of the forest property.
(3) Where a body of state forest administration does not approve the plan, it
forest owner shall, within the time limit set by a state forest administration
submit the revised draft plan or within 30 days of notification of the disapproval of a plan to bring
this authority a written objection. The objections
decide the governing body of state forest administration within 30 days. If not admit
objections, the current deadline for the submission of revised draft plan
body of state forest administration.
(4) If in the course of the plan to change the conditions
causing the need for modifications to the mandatory provisions of the plan, particularly in terms of forest protection
or in terms of ensuring the fulfillment of forest functions
forest owner must apply for officer state administration of forests to change
relevant binding provision.
(5) The procedure for the approval of plans or permitting their changes
not subject to general regulations on administrative proceedings, except for decisions on
objections under paragraph 3. In opposition proceedings is a participant in the woods and owner
processor plan.
(6) The provisions of paragraphs 4 and 5 shall apply mutatis mutandis to change the curriculum.
(7) The Ministry shall legislation details about the requirements
and content on how to derive the binding provisions of the plans on how
approval of plans and the conditions of their authorization changes.
§ 28
Forest Inventory
(1) Forest Inventory is to determine the actual state of forests in the state
.
(2) Design forest inventories announced a government decree, which
determine the scope and method of forest inventory.
(3) Costs paid by the state forest inventory.
(4) forest owner is obliged to tolerate the implementation of necessary actions
associated with forest inventory and provide the necessary data to authorities
state forest administration.
CHAPTER FIVE
Forest management
Section One
§ 29
Forest reproductive material
(1) For reforestation and afforestation of land declared
land intended to fulfill forest functions (§ 3 para. 4) are used seeds or seedlings
woody plants of the same or equivalent natural forest areas and | || adequate altitude. In the case of Norway spruce, Scots pine and larch
(hereinafter "selected forest tree species") to be
artificial forest regeneration and afforestation used only reproductive material derived from sources
of selected, qualified or tested reproductive || | material recognized under special legislation. ^ 20a) Inclusion
Other woody plants selected among the trees and bushes Ministry sets
legislation.
(2) In case of emergency, a government agency forests allow
to the reforestation and afforestation was used reproductive material
selected forest tree species originating from sources identified
reproductive material under a special legal regulation. ^ 20a)
(3) A forest owner is obliged to keep records of the origin of selected,
qualified and tested reproductive material used in
reforestation and afforestation and keep it for 20 years from reforestation or afforestation
.
(4) The Ministry shall establish legal regulation details on the transfer
seeds and seedlings of forest trees, on records of the origin of reproductive material
details on forest regeneration and reforestation of land
declared as land designated to fulfill the function forest.
§ 30
Canceled
§ 31
Renewal and tending of forest stands
(1) A forest owner is obliged to restore forests suitable habitat
trees and educate them early and consistently so that
improve their status, increase their resilience and improve the implementation
forest functions. In suitable conditions, it is desirable to use natural
regeneration; natural regeneration can not be used in crops genetically unfit.
(2) When the toll to harvest size can not clearcut exceed 1 ha
its breadth on the exposed files jednonásobek economic and other sites
twice the average height of the harvested crop.
Width clearcut not limited domýcení stand in debris and vegetation on
area smaller than 1 hectare. In justified cases, the institution may
state forest administration in approving a plan or outline or treatment at the request of the forest owner
grant an exemption from the specified size or width
clearcut, and it
A) the economic set of natural pine habitats on sandy soils
and economic set of natural floodplain habitats in
size 2 ha clearcut without limitation breadth
B) to traffic inaccessible mountain slopes longer than 250 m
if it is not exposed on the economic files up to 2 ha of bare
cuts.
The authorization of this exception is not subject to general regulations on administrative proceedings
.
(3) The economic files at exceptionally unfavorable sites in
protection forests, restoring vegetation preferably applied using
clonných cuts and withdrawals.
(4) It is prohibited to reduce deliberate exploitation stocking stand under seven tenths
full stocking; It does not apply if the illumination
done for the benefit of subsequent stand or stand for reinforcement.
(5) When restoring the forest is prohibited irrespective of the ownership limit
assign another bald seconds in younger stands on the entire surface
unsecured if the total area of vegetation crossed unsecured
size and width specified in paragraph the second smallest permissible distance
clearcut from clearings and young stands on the entire surface of unsecured
must not be less than the average height of the restored forest.
(6) Holina forest land must be reforested within two years and forest
stands on it secured seven years since its inception;
in justified cases, the state administration of forests in approving the plan or outline
processing or at the request of the forest owner allow a longer period. On
permit such longer period is not subject to general regulations on administrative proceedings
.
(7) The Ministry shall legislation defining the details of
economic files.
§ 32
Forest Protection
(1) A forest owner is obliged to take such measures to prevent and avoid
effects of harmful factors on the forest, especially
A) identify and record the incidence and extent of harmful factors and damage caused by them
important for later conclusiveness carried
measures; the increased incidence immediately inform the relevant local authority
state forest administration and implement the necessary measures
B) prophylactically to prevent the development, dissemination and overgrowth of harmful organisms
C) carry out preventive measures against forest fire
by special regulations. ^ 21)
(2) At the inception of emergencies and unforeseen damage in the forest
(wind and snow calamities, pest outbreaks, fire danger
During droughts etc.). Forest owner is obliged to take immediate measures
to remove them and to mitigate their consequences.
Authority of the state forest administration forest owners can enact these measures
A) stop the felling other than incidental felling and processing
incidental felling within the specified range and the date
B) of the protective action towards stopping proliferation or
pest control,
C) destruction of the infected seeds and seedlings,
D) conclusive identification and registration of timber,
E) restricted disposal timber, seeds or seedlings of forest trees.
(3) Measures referred to in paragraph 2, the state administration of forests also store
decree. ^ 14) If a measure in the interest other than the forest owner decides
body of state forest administration about who bear the costs associated with
.
(4) Forest owners and users of hunting grounds ^ 6) and the state forest administration
are obliged to ensure that the forests were being unduly impaired
game.
(5) The forest owner is obliged to increase the resilience of the forest and its stability
especially suitable tree species composition and their deployment in
crop, bringing in young stands, foundation reinforcement strips on
edge and inside forest stands, using appropriate methods and procedures
recovery and shift cuts.
(6) forest owner is obligated to manage the forest so that its operations are not jeopardized
forests of neighboring owners.
(7) It is forbidden forest oplocovat reasons of ownership or for
restrictions of forest use (§ 19 para. 1); It does not apply
forest nurseries, fencing set up to protect the forest against wildlife and fencing discipline
^ 6) or farmed game. ^ 21)
(8) forest owner is obliged to protect the wood against pollutants
leaking or arising in its economic activities. The forest is
obliged to use only biodegradable oils for lubrication of chains
chainsaws and biodegradable hydraulic fluids.
While protecting forests is obliged to give priority
efficient technologies and environmentally friendly.
(9) If there is a nearby forest or on a storage timber
any of the harmful organisms in excessive amounts, can a government agency
forests impose measures to eradicate these harmful organisms, or against their
extension to legal entities and individuals who store
timber or use land in the vicinity of forests.
(10) The Ministry shall specify the details of legislation on measures to
forest protection against harmful agents.
§ 33
Timber
(1) A forest owner is obliged to carry out mining preferably random, so
to prevent the development, dissemination and overgrowth of harmful organisms.
Should the salvage felling form a continuous
clearcut an area larger than 0.2 hectares, the forest owner must notify implementing such
salvage felling at least 14 days before the bodies of state forest administration.
This limit does not apply in the implementation of measures pursuant to § 32 par. 1 point. ) and
paragraph. second
(2) Extraction of random counts towards the total amount of logging (§ 24 par. 2 and
§ 25 par. 3). If the processing of salvage felling exceeded the total amount of logging
set approved plan or assumed syllabus
forest owner must apply for state administration of forests to amend the plan or outline
.
(3) harvesting in the forest, where the forest owner manages without an approved plan or without
Protocol takeover acceptances outline can be done only with the consent
professional forest manager. Consent may not be refused unless
mining in conflict with other provisions of this Act. If
mining exceed 3 m3 per 1 ha of forest per calendar year, the owner must
forest, as well as those who bought the standing forest, and whoever performs
mining, in advance, in writing, the authority of state forest management and document
opinion of the appropriate professional forest manager. If
body of state forest administration informs the person who informed him in writing of the intention to carry
mining, its opinion within 30 days of receipt of the notification,
this person can perform extraction. On the issue of this authority opinion
state forest administration is not subject to general regulations on administrative proceedings.
(4) Perform mining intentional felling in forests
younger than 80 years is prohibited; In justified cases, the state administration of forests
When approving the plan or outline or processing the request
forest owner grant exemptions from this prohibition.
(5) Legal entities and individuals providing mining operations are required
perform them in a way that minimizes negative impacts on the forest ecosystem
in the environment.
(6) The Ministry may establish an implementing regulation
details on labeling, measurement, recording and classification of wood.
§ 34
Forest right
(1) Approximation, storage and transport of timber (hereinafter "forest transport")
must be carried out so as to avoid undue damage
forest and other land.
(2) Construction and maintenance of skidding, forest road network and
other devices in the woods not cause danger to the stability of forest stands
, increased the risk of erosion or unreasonable damage to soil and water
regime in the territory.
(3) If you can not otherwise achieve the purpose, the forest owner or person
conducting activities in the interest of the forest owner may, in justified cases
time necessary, to the extent necessary, at the appropriate time and under
compensation for taking private land to forest transport. This does not affect his
liable for damage caused by special regulations. ^ 22)
(4) The duration, scope and duration of use of foreign lands to forest transport and the amount of compensation is
forest owner, or person performing activities in the interest
forest owner is obliged to agree in advance with the owner or tenant
the affected land. If there is no agreement, decide on the conditions
forest transport on third party land and the amount of compensation for state authority
forests.
§ 35
Reclamation and torrent control in forests
(1) Reclamation and torrent control in forests, biological and technical
measures aimed at protecting soil and water conditions care.
The implementation of reclamation and torrent control in forests is the responsibility of the owner
forest where state administration of forests, or state authority
Water Management, decides that these measures in the public interest
. If these measures are implemented from the decisions of public
forest administration in the public interest, the cost to the United States;
Forest owner is obliged to tolerate the implementation of such measures.
Obligations of the forest owner and the authorized government bodies under special regulations
^ 23) is not affected by this provision.
(2) The state forest administration forest owners can store execution
necessary measures or have them carried out at its expense if
necessary to implement such actions arising from activities
forest owner; forest owner is obliged to implement such actions
tolerate.
(3) Preventive action to prevent the danger of avalanches, formation of slope
landslides and ravines, flood waves and elimination of consequences of natural disasters
borne by the State, or natural or legal persons having the benefit of these measures
. These measures are carried out on the basis
decisions of public administration and forest owner or user
land is obligated to tolerate their implementation.
(4) The owner or lessee of the land is obliged to acquiesce to his
land enjoyed to the extent necessary for the preparation, construction and maintenance of equipment
reclamation and torrent control in forests and participate in the implementation or || | payment (finance) work according to the extent of the benefit to their
execution. The owner or tenant of land is entitled to compensation
property damage incurred due to the limited revenue or other benefits from
the land in question.
(5) The Ministry shall specify the details of legislation
reclamation and torrent control in forests and on the method of determining the amount of compensation for
measures undertaken in the public interest.
§ 36
Management of protection forests and forests of special purpose
(1) in favor of special-purpose forest management and protection of forests
special designation may take measures derogating from certain
provisions of this Act, in particular regarding the size or assigning
bare cuts. These measures may be proposed in the plan or outline
or down decision state administration of forests at the request of the owner
forest or on its own initiative.
(2) Owners of protection forests (§ 7) are required to manage them in such a way as to ensure
especially their protective functions.
(3) Owners of special purpose forests (§ 8 para. 1 and 2) are obliged
tolerate restrictions on their management. Owners of these forests belong
compensation for the additional costs, if they are of limited farming in
they arise. Compensation does not belong in cases where the forests were declared a
special purpose forests pursuant to § 8. 2 point. g), and in cases where the
reimbursement of additional costs provided under special regulations.
(4) forest owner referred to in paragraphs 2 and 3 shall ensure
measures imposed by a state forest administration to fulfill the purpose
pursued their promulgation. Under measures implemented for the forest owner
reimbursement of additional costs.
(5) The state forest administration decides on a proposal from the forest owner about
who and in what amount paid to forest owners increased costs associated with the management
restrictions pursuant to paragraphs 3 and 4
(6) The Ministry shall legislation
details of the provision of compensation for the additional costs referred to in paragraphs 3 and 4
Section Two
Professional forest manager
§ 37
(1) Forest management is required to ensure the forest owner
in conjunction with expert forest manager. Professional forest manager
provides forest owners professional level of forest management by
this Act and the regulations issued for its implementation.
(2) expert forest manager can be a natural person or legal
person for this activity license granted by the government authority
forests under Title Six of this Act.
(3) A forest owner has the right to choose the professional forest manager;
his name is obliged to notify the state forest administration. The forest owner, who manages
according to plan (§ 24 par. 3), shall conclude with
professional forest manager contract for the performance of activities pursuant to paragraph 1
they meet the conditions of professional forestry education and training Forestry || | practice (§ 42), the forest owner in the woods in their possession carry
forest management itself, even without a license.
(4) Forest management is unable to perform the employee
organ of state forest management in forests in the jurisdiction of this body;
This is not the case management of its own assets.
(5) Any change in the person's professional forest manager forest owner
obliged to report within 30 days of state authority forests.
(6) If the forest owner does not choose professional forest manager himself
performs in forests for which they are processed curriculum (§ 25 par. 1)
function of expert forest manager legal person within the specified | || territory exercises the right management in state forests and if the authority
state forest administration decides on behalf of another legal or natural persons.
(7) Costs Forest management shall be borne by the forest owner;
Costs for Forest management performed
legal or natural person referred to in paragraph 6 shall be borne by the state.
(8) The Ministry shall legislation
details of the method of calculation of the operating costs of professional forest manager when
its activities are covered by the state.
Section Three
The forest guard
§ 38
(1) Forest Guard is a natural person providing protective services in forests
during general use of forests citizens.
(2) establishes a forest guard on a proposal from the forest owner or on its own initiative
state administration of forests; in a forest guard certificate simultaneously
circuit provides its scope. On the procedure for the appointment of a forest guard
is not subject to general regulations on administrative proceedings.
(3) Forest guards constitute state administration of forests natural person
who is a citizen of the Czech Republic, is at least 21 years old, has been sentenced
intentional offense, has the legal capacity is physically || | capable, proven knowledge of the rights and obligations of forest guard
by this Act and related regulations and knowledge passed before the body
state forest administration pledge reads as follows: "I pledge that, as a forest guard
I'm with the utmost care and diligence perform duties within
protective services in the forests that I when performing this activity
observe the law and not overstep the permissions associated forest guard. "
(4) Forest guard shall state administration of forests and ID badge
forest guard. This body also keeps records of forest guards.
(5) Forest guards are obliged to notify the State Forest Administration within 30 days of their occurrence
any changes in the conditions specified in paragraph 3.
(6) The state forest administration provisions forest guards canceled if
individual ceases to hold office,
meet the conditions set out in paragraph 3, or to prove that it was appointed upon
incorrect data. State Forest Administration may
provisions forest guards also cancel other reasons to draft forest owner or on its own initiative
. A person whose body of state forest administration canceled the provision
forest guard is obliged to immediately surrender that authority
badge and ID card forest guard.
(7) The model of service badge and of forest guard certificate Ministry sets
legislation. This regulation also provides details on
capability to perform the functions of forest guards and their verification.
(8) The state forest administration, forest guard who provides a
to verify the integrity of the person referred to in paragraph 3 requires
extract from the Criminal Record under a special legal regulation 23a).
Request for an extract from the Criminal Register and the extract from the Register
records shall be submitted in electronic form, in a manner allowing remote access
.
§ 39
The rights and obligations of forest guard
(1) forest guard is obliged in their actions
A) to demonstrate the evidence of forest guards and wear a badge,
B) to supervise the observance of obligations related to general use of forests
(§ 19 and 20)
C) promptly notify identified defects, deficiencies and damage by their nature
either the owner or user of the forest or the body that appointed
, or in urgent cases also the Police of the Czech Republic or
competent authorities government.
(2) forest guard is entitled in its action
A) establish the identity of the person in the general forest use
violates the provisions of this Act,
B) impose and collect fines for offenses specified in § 53 of this Act
block proceedings under a special regulation, ^ 24)
C) demonstrate immediately to the police the person they caught during
offense, unless otherwise establish his identity,
D) require the assistance or cooperation of the Police of the Czech Republic,
or municipal police if they can not fulfill their obligations to ensure
own forces and means.
§ 39a
(1) Be responsible for damage to the person providing aid to forest guard
's request or with the knowledge (hereinafter referred to as "damaged").
Become the responsibility may exempt only if you caused this damage
damaged intentionally.
(2) If at the victim for personal injury or death, determine the extent
and the amount of compensation under the provisions of the Employment Injury
workers.
(3) The State is also responsible for damage to items that the victim was in
connection with the provision of this assistance. At the same time pays actual damage
by stating the previous state; if this is not possible or advisable, payable in cash
. The victim may also be granted costs associated with the acquisition of new things
substitute for the injured thing.
(4) The state is also responsible for damage caused by a person in connection with
assistance provided by the forest guard.
(5) The state is responsible similarly under paragraphs 2 and 3 also for damage caused
forest guard in connection with the performance of its tasks.
(6) The State is responsible for damage caused by forest guards in connection with
fulfillment of its tasks; It does not apply when it comes to damage caused
person that their unlawful conduct justified and adequate intervention
provoked.
(7) damages under paragraphs 1-6 provides on behalf of the state
the state administration of forests, forest guards who instituted to whose
performance for a refund.
Section Four
Forest and economic evidence
§ 40
(1) A forest owner is obliged to keep records of forest economic performance
mandatory provisions of the plan and records of forest restoration carried out in
individual stands.
(2) The aggregate data referred to in paragraph 1, the owner of a forest authority
state forest administration by the end of March for the past calendar year.
CHAPTER SIX
LICENSE
§ 41
General conditions for granting the license
(1) general conditions for granting a license to a natural person are
A) 18 years of age,
B) Czech nationality or citizenship of a Member State
EU
C) legal capacity,
D) integrity.
(2) A person with integrity for the purposes of this Act a person who has been finally convicted
A) for an offense whose merits are related to the subject
license
B) for another offense committed intentionally if, given the nature
license and an applicant for a license is concern that commits
same or similar offense while activity which is subject
license.
(3) In the case of a legal person must be the general conditions under paragraph 1
meet her authorized representative. Responsible representative is a natural person
appointed by a legal entity who is responsible for the professional level performance
activities that are subject to license.
(4) The state forest administration, which decides on granting a license to a
integrity verification under paragraph 1. d) and paragraph 2 shall request
extract from the Criminal Record under a special legal regulation
^ 23a). The request for an extract from the Criminal Register and the extract from the Criminal Records
be transmitted electronically in a way
remote access.
§ 42
Special conditions for granting licenses
(1) The special conditions for granting a license are
A) professional forestry education
B) professional forestry practices.
(2) For the license pursuant to § 26 par. 1
professional forestry education means higher education forestry and
professional experience of the applicant must be at least ten years.
(3) For the license pursuant to § 37 para. 2
professional forestry education means higher education forestry
direction or complete secondary education, forestry and professional experience of the applicant must be
least three years, it if a university graduate, and
least ten years, if it is a secondary school graduate.
(4) For legal entities must comply with the special conditions responsible
representative.
§ 43
Obstacles licensing
(1) The license can not be granted to an individual who has been ordered by the court or administrative authority
ban on activities related to the operation of the activity by
license until the ban lasts.
(2) The license can not be granted to a natural person holding an office
manager in a state enterprise, government organization or
trading company engaged in the business field, which is
under license. The license can not be granted also to employees of authorities
state forest administration if it exclude or limit the laws that govern their
labor relations.
§ 44
Decision on the license
(1) If there is a decision on the license relevant ministry is
territorial jurisdiction to issue a decision on the license state authority
forests in whose territorial jurisdiction the natural person resident or legal
party headquarters. If it meets the licensee conditions laid down in
§ 41, 42 and 43, the authority of state forest administration at the request of the license holder
submitted no later than two months before the end of the license period
, extending the period of its validity.
(2) If the state administration of forests that an applicant for a license
meets the prescribed conditions, issue him a license. The decision
license issued by a natural person shall
) Name and surname, permanent residence and personal identification number,
B) trading company,
C) identification number, if assigned,
D) an indication of the license.
(3) The decision on a license issued by a legal entity shall
A) the business name, registered office, legal form and name and address
person or persons who constitute its statutory body
B) identification number,
C) personal data of responsible representative (§ 41 par. 3),
D) an indication of the license.
(4) A license is not transferable and applies to the entire territory of the Czech Republic.
(5) The Ministry shall requisites
application for a license and other details about licensing.
(6) The license is granted for 10 years. Validity of the license is extended for
next 10 years if the licensee requests.
The application for renewal of the license shall notify the applicant
A) if a natural person, name and surname, permanent residence, birth number
if allocated, otherwise date of birth, identity card number,
been allocated; business name, if under that name
business; Czech citizenship or citizenship
Member State of the European Union; identification number, if assigned the number
license and its subject,
B) if a legal person, company or name, headquarters and legal form
applicant's full name and residence of the person or persons who are
statutory body of the applicant, identification number, personal data | || responsible representative (§ 41 par. 3), license number and its subject.
(7) The state forest administration is entitled to verify the integrity of the applicant or his
responsible representative (§ 41 par. 3)
requesting an extract from the criminal records under a special legal regulation 23b).
Application for an extract of criminal records and extract from the Criminal Records
be transmitted electronically in a way
remote access.
§ 45
Withdrawal and termination of licenses
(1) The state forest administration, which granted the license be withdrawn if
A), the licensee or representative of a legal person
longer meets the conditions specified in § 41 and 42
B) obstacles arise under § 43
C) of the licensee's request,
D) the holder of the license seriously violates the conditions set
decision on granting a license or this Act.
(2) The license granted shall expire
A) the death of the license holder, in the case of a natural person,
B) termination of a legal entity.
CHAPTER SEVEN
SUPPORT forest management
§ 46
(1) The state supports forest management by providing services or
financial contributions to forest owners. Financial contributions may be made in particular
A) ecological and environmentally friendly technologies in forest management,
B) restoration, establishment and tending of forests under 40 years of age,
C) increasing the proportion of ameliorating and stabilizing tree species,
D) measures to restore forests damaged by emissions and forests declining due
anthropogenic pressures
E) measures to restore forests with inappropriate or replacement tree species composition
(renovation or conversion of vegetation)
F) afforestation measures in mountain locations,
G) protection of forest
H) measures to ensure the non-productive functions of forest
I) measures against forest insect pests and measures at
other emergencies and unforeseen damage threatening
state forests beyond the possibilities of the forest owner
J) support the association of forest owners and management support in
associated forest owners of small quantities,
A) a copy of the plans on provision of schedule data in digital form
for state forest management.
(2) Services can be provided in particular by ensuring
A) large-scale protection of forests against insect pests
B) large-scale chemical amelioration and fertilization of forests
C) prevention and protection of forests against fires
D) by killing mosquitoes on land designated to fulfill forest functions in areas where
health authorities acknowledge their impending calamitous occurrence
E) monitoring and forecasting the occurrence and development of harmful effects
F) advising and raising the professional level of forest owners and forest managers
expert.
(3) Financial contributions pursuant to paragraph 1 and the service pursuant to paragraph 2 provides
A) Ministry of Defence, in the case of military forests,
B) The Ministry of Environment, in the case of forests in national parks
and their protective zones,
C) ministry, in the case of other forests.
(4) The provision of services or financial contribution decided
ministry or regional authority. This decision is not subject
general regulations on administrative proceedings.
(5) The provision or financial contribution no legal claim.
Gets If a forest owner's financial contribution based on putting
misrepresentation or when used it for a purpose other than that for which he was
granted a financial contribution is required to complete a financial contribution
return.
(6) A financial contribution may also be provided from the State Fund
environment ^ 13) If not for the same purpose granted under this
Act. If a financial contribution under this Act can not be
for the same purpose to provide other support from public funds or from funds
European Union.
(7) Providing financial contribution may be denied the applicant who
been in the three years prior to delivery of the request for a financial contribution to
forestry lawfully fined under this Act.
(8) Monitoring compliance with the conditions of financial contributions
is performed by special legal regulations 32). Upon learning that the
execution of works are not as scale or quality, or there
unannounced change in the project documentation or providing false information
proceed in accordance with special legislation 33).
(9) Binding rules for financial contributions, the method of control
their usage patterns and applications for financial contributions
determined by the Government.
CHAPTER EIGHT
State forest administration
Section One
The state forest administration
§ 47
(1) State forest management exercise
A) municipal offices with extended powers
B) Region
C) Ministry.
(2) State forest administration in military forests, which are covered
Ministry of Defence, performs in the scope of municipal authority
with extended powers and the regional office military forestry office.
The head of the military forestry office appointed by the Minister of Agriculture
by the Minister of Defence.
(3) In the forests of the national parks perform state forest administration bodies
determined by special regulation. ^ 25)
(4) Payment of costs pursuant to § 24 para. 2, § 26 par. 2, § 35 para. 1 and 3
§ 37 paragraph. 7 and provision of services or financial contributions according to § 46 provides
on behalf of the state the state administration of forests in whose
competence under this Act, the relevant decision or act (§
48 to 49). If that authority, municipal authority with extended powers
provides reimbursement Regional Office, at the initiative of the municipal office
municipalities with extended powers.
(5) The organs of the state forest administration are provided for state administration
under this Act from the basic population register reference data, which are
) Name,
B) the name or names,
C) address of residence,
D) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,
E) the date, place and district of death; in the case of died outside the territory of the Czech Republic
gives the date of death, place and the State in whose territory
death occurred; if it is issued by a court decision declared dead,
provides the day that is the decision as the date of death or the date on which the data subject
declared dead survived, and
effective date of this decision ,
F) citizenship, or multiple citizenships.
§ 48
Municipal authorities with extended powers
(1) Municipal authorities with extended powers to decide
A) doubts about whether the land intended to fulfill forest functions (§ 3
par. 3),
B) a declaration of land as land intended to fulfill forest functions (§ 3
par. 4),
C) a division of forest land in which one part of the area falls below
1 ha (§ 12 para. 3)
D) the withdrawal of forest land to fulfill the functions of the forest area of 1 hectare or about
limiting their use to fulfill the functions of the forest and the fee for the withdrawal
(§ 17 para. 1)
E) a temporary reduction or elimination entering the forest (§ 19 para. 3)
do not exceed their administrative district,
F) for exemption from the prohibition of certain activities in the forest (§ 20 para.
4)
G) establishing conditions to hold organized or mass
sporting events in the forest (§ 20 para. 5) if they are within their
administrative district,
H) imposing measures to ensure the safety of persons and property against
damage that could be caused by falling rocks, landslide,
falling trees and avalanches of forest land, and who will bear the costs || | associated therewith (§ 22 paragraph. 1 and 2)
I) imposing measures in cases of exceptional circumstances, if
do not exceed their administrative district (§ 32 par. 2)
J) on exemptions from the prohibition to perform final logging in forests
younger than 80 years (§ 33 para. 4)
K) the conditions of forest transport on third party land (§ 34 para. 4)
L) to grant or revoke the license for the performance of professional forest manager
(§ 37 para. 2)
M) of the legal entity or natural person professional duties
forest manager (§ 37 para. 6)
N) for the imposition of fines (CHAPTER NINE)
O) imposing measures to remedy the shortcomings identified
measures to improve the condition of forests and the fulfillment of their functions, to stop or limit
production or other activities in the forest in cases of imminent harm (§ 51 paragraph. || | 1) if they are within their administrative district,
P) the necessary measures to avert imminent danger (§ 57)
if they are within their districts.
(2) Municipal authorities with extended powers
A) keep records of leases and loans of land intended to fulfill the function
forests in their administrative districts (§ 12 para. 2)
B) submit an opinion on the zoning documentation, unless
relevant region or Ministry
C) issue approval for zoning decisions, which are to be affected
land intended to fulfill forest functions into the area of 1 ha, unless
relevant region, and agreed to a decision on the location of buildings or
land use up to 50 meters from the edge of the forest (§ 14 para. 2)
D) provide treatment guidelines (§ 25 par. 1)
E) permits exceptions to the specified size or width of clear felling (
§ 31 paragraph. 2)
F) grant exemptions from the legal deadlines for afforestation and establishment of cultures
(§ 31 para. 6)
G) appoint forest guards and forest guards repeals provisions (§ 38)
in its administrative district,
H) collects data on forest management evidence in its forests
administrative district and progress is entrusted to the government,
I) exercise supervision over compliance with this Act, regulations issued for
its implementation and decisions issued on the basis thereof (§ 51 par. 1).
(3) Municipal authorities with extended powers perform state administration
and responsibilities to the authorities of the state forestry authorities under this Act and
regulations issued on its basis in all other cases, unless the law is intended
another body of state forest administration.
§ 48a
Region
(1) Regional Office decides
A) the inclusion of forests in the category of protective forests, special purpose forests
forests and decommissioning of these categories (§ 7 para. 2, § 8, par. 3), with the exception of military
forests mentioned in § 47 Sec. 2,
B) on withdrawal of forest land fulfillment of forest functions or to limit their use
to fulfill the functions of the forest area of 1 hectare or more and the amount of fees for withdrawal
(§ 17 para. 1)
C) a temporary reduction or elimination entering the forest (§ 19 para. 3)
far beyond the administrative district of municipalities with extended powers
D) establishing conditions to hold organized or mass
sporting events in the forest (§ 20 para. 5) if they exceed
administrative district of municipalities with extended powers
E) when approving the plans for exemption from the ban to perform final logging in forests
younger than 80 years (§ 33 para. 4)
F) to impose or implement measures reclamation and torrent control in forests
(§ 35 para. 1, 2 and 3)
G) imposing measures derogating from the provisions of this Act in the interest
purpose forest management and protection in the forests of special purpose
(§ 36 para. 1)
H) the amount of compensation and the body are obliged to provide this compensation
forest owners due to restrictions in forest management
protective or special purpose forests (§ 36 para. 5)
I) imposing measures to remedy the shortcomings identified
measures to improve the condition of forests and the fulfillment of their functions, to stop or limit
production or other activities in the forest in cases of imminent harm (§ 51 paragraph. || | 1) if they exceed the administrative district of municipalities with extended powers
J) the necessary measures to avert imminent danger (§ 57)
far beyond the administrative district of municipalities with extended powers
K) to grant or revoke the license for processing and curriculum guidelines (§ 26 paragraph
. 1)
L) permission for the reforestation and afforestation was also used
reproductive material of selected forest tree species originating from sources
identified reproductive material (§ 29 par. 2)
M) imposing measures in exceptional circumstances, if they exceed
Administrative district of municipalities with extended powers and do not exceed circuit
territorial scope of the county (§ 32 par. 2)
N) o imposing fines to anyone who fails to comply with the obligations imposed by a decision
regional authority.
(2) Regional Office
A) applies opinion on zoning documentation if the documentation placed
recreational and sports facilities on land intended to fulfill forest functions
unless the relevant ministry,
B) applies opinion on zoning plans of municipalities with extended powers,
C) issue approval for zoning decisions, which are to be affected
land designated for forestry or mining of unreserved minerals
which are to be affected by land intended to fulfill the function of a forest area of 1 ha and
more
D) comment on the draft national routes and transit line
buildings and their components in the territorial scope regions
E) approve the prepared plans and allows them to change (§ 27 para. 1
4); under the plan approval permits exceptions to the specified size
or width of clear felling (§ 31 para. 2) and the exemptions from
legal deadlines for afforestation and establishment of forest cover (§ 31 para. 6), in military
forests approve plans for the Military forestry Office (§ 47 para. 2)
after consultation with the central authority of state administration of forests
F) establishes a forest guard with operations in the region and repeals provisions
forest guards with operations in the region (§ 38 par. 2)
G) to supervise how the state authorities, individuals and legal entities
comply with the provisions of this Act, the regulations issued for its implementation and
decisions issued on the basis thereof (§ 51 par. 1), with the exception | || military forests,
H) decides in disputes about territorial jurisdiction of the State Forest Administration
First Instance, if one of the organs of First Instance is not military
forestry office,
I) decisions on the provision of services or financial contribution (§ 46 para.
4), unless the forests of the Ministry of Defence.
§ 49
Ministry
(1) The Ministry is the central body of state forest administration.
(2) The Ministry decides
A) imposing measures in exceptional circumstances, if they exceed the territorial scope
circuit Region (§ 32 par. 2)
B) by imposing fines to anyone who fails to comply with the obligations imposed by a decision
central authority forests
C) the inclusion of forests in the category of protective forests and forests of special
designation and exclusion of these categories of forests (§ 7 para. 2, § 8, par. 3)
in military forests,
D) a notice of opposition to the disapproval of a plan (§ 27 para. 3).
(3) The Ministry
A) manages the state administration of forests, including military forests
B) issue approval for the management of state forests (§ 4 para. 2)
C) applies opinion on regional development policy and the principles
spatial development
D) gives consent to proposals to determine the mining areas, which
be affected by land intended to fulfill forest functions and determines how
their reclamation (§ 14 para. 2)
E) comment on the draft national routes and transit line
buildings and their components,
F) publish an annual average price of timber at roadside
for determining the charge under Annex hereto,
G) is entered and approved by the regional forest development plans (§ 23 para. 1)
H) establishes the forest guards and forest guards repeals provisions (§ 38)
I) decides in disputes about territorial jurisdiction of the regional authorities,
J) to supervise how the state authorities, individuals and legal entities
comply with the provisions of this Act, the regulations issued for its implementation and
decisions issued on the basis thereof (§ 51 par. 1).
K) decisions on the provision of services in excess of the circuit
territorial scope of the county (§ 46 para. 4)
L) to supervise how the state authorities, individuals and legal entities
military forest management in the Ministry of Defence
comply with the provisions of this Act, the regulations issued for its implementation and
decisions issued thereunder ( § 51 par. 1),
M) decides in disputes about territorial jurisdiction of the State Forest Administration,
if one of the participants military forestry office,
N) acts as the appellate body against decisions issued by the Military
Forestry Commission.
(4) In the forests of the national parks and their protection zones exercises
Competence of the regional authority and the Ministry of the Environment Ministry
environment.
Section Two
Supervision in forestry
§ 50
Ministry of Environment in the exercise of supreme state supervision
^ 26) oversee the state authorities, legal and natural persons
comply with the provisions of this Act, the regulations issued for its implementation and
decision issued on its basis. It is entitled to impose measures to correct the shortcomings
.
§ 51
(1) As part of the exercise of state forest administration is the supervision over compliance with this Act and
laws and decisions issued on the basis thereof.
The state forest administration simultaneously supervise whether the owners or tenants
forests managed in accordance with approved plans or assumed curriculum.
Impose measures to eliminate the identified shortcomings, or even
measures to improve the forest condition and performance of their functions. In the case
impending damage are entitled to decide to reduce or stop production
or other activities in the forest until the removal of deficiencies or their causes
.
(2) Technical personnel of State Forest Administration are entitled
in the performance of their duties wearing official uniforms.
(3) The Ministry shall legislation
details of official uniforms of employees of state forest administration and their
designation.
§ 52
Obligations professional forestry workers
Employees of legal persons (§ 4 para. 1), professional forest managers (§
37) and the employees of State Forest Administration shall exercise its activity
consistently ensure forest protection and proper management of it.
CHAPTER NINE
SANCTIONS Section One
Offences
§ 53
(1) A misdemeanor committed by a person who in the course of forest use in forest
A) disturbs the peace and quiet
B) burrows litter
C) picks up young trees or shrubs and woody plants,
D) without permission to collect seeds of forest tree species, mistletoe and Loranthus,
E) collecting berries manner damaging the forest
F) camps outside placeholders
G) without permission violates the prohibition to drive and park a motor vehicle
H) enters the fenced or bans designated places
I) enters into the stands where the excavation is carried out, handling or transportation
wood
J) runs off roads and marked routes for cycling, riding, skiing and sleigh
,
K) passport or chases livestock or livestock enclosure allows
into the forest,
L) disturb the soil cover, or water regime unauthorized extraction of clay, sand or stone
,
Meters) without permission or carries out unannounced
landscaping or other structures (such as sidewalks, fencing), unless the offense
under special regulations, ^ 24)
N) benefit or harm trees and bushes forest trees
O) or to a distance of 50 meters from the edge of the forest
distribute or maintaining an open fire or tosses burning or smoldering objects,
P) takes place without notification to the authority of state forest administration
organized or mass sporting events
R) waste or garbage dumps,
S) smokes.
(2) An offense under subsection 1. a) to k) may impose authority
state forest administration fine of up to CZK 5,000.
For a misdemeanor pursuant to paragraph 1. l) to s) may impose a state administration of forests
fine of up to 15 000 CZK.
(3) Unless this Act stipulates otherwise, on misdemeanors and their hearing
general regulations. ^ 24)
Section Two
Fines
§ 54
(1) The state forest administration shall impose a fine of up to 1,000,000 CZK fact, who
A) without the decision of a body of state forest administration on withdrawal or without
decision to restrict land intended to fulfill forest functions
withdraws or restricts their use to fulfill forest functions
B) without authorization uses the land intended to fulfill forest functions or
prevents their use for the fulfillment of forest functions
C) carry out extraction beyond the approved plan or protocol takeover
taken curricula, or performs another mining in conflict with the law, especially
done illegally mining in quantities exceeding 3 m3 per 1 ha of forest
per calendar year, or carried out without the permission of state authority
forest felling deliberate exploitation in the stands younger than 80 years
D) fails to comply with the measures imposed by a decision of a state forest administration
issued under this Act.
(2) The state forest administration shall impose a fine of up to CZK 100 000 on it, who
A) without the consent of the owner or tenant of the forest picks up in the woods
seedlings and seedlings of forest trees and shrubs,
B) illegally collecting seeds and fruits of forest trees
C) carrying out activities in the forest prohibited
D) fails to keep the prescribed records about the origin of seeds and seedlings of forest trees,
E) misuses data plans or guidelines, forest management records or
forest inventory.
§ 55
(1) The state forest administration shall impose a fine of up to CZK 1 000 000
forest owner or other person who
A) intentional actions causing extensive damage to the forest and threaten the performance of its functions
,
B) without the decision of a body of state forest administration on withdrawal or restriction
withdraw land intended to fulfill forest functions or restrict their use
to fulfill forest functions
C) improperly used land intended to fulfill forest functions in a manner
which prevents their use for the fulfillment of forest functions
D) carry out unauthorized mining in quantities exceeding 3 m3 per 1 ha of forest
per calendar year,
E) carried out without authorization from the government forest exploitation intentional
toll stands at younger than 80 years.
(2) The state forest administration shall impose a fine of up to CZK 100 000
owners who
A) carrying out activities in forest illegal or banned
B) fails to comply with measures to protect the forest, especially fails to preferential treatment
salvage felling,
C) deliberately exceed approved decenální production level
D) fails to comply with the measures imposed by a decision of a state forest administration
issued under this Act.
§ 56
Common provisions on penalties
(1) Proceedings on the imposition of a fine may be commenced within one year after the date on which the authority
state forest administration learned of the breach, the longest
within three years from the date when the breach occurred. This does not apply if the state
infringement persists.
(2) When determining the amount of the fine takes into account the seriousness, manner, duration and consequences
infringement. The fine is payable within 30 days
date when the decision on its imposition comes into force.
(3) Should the person referred to in § 54 or § 55 within one year from
when the decision imposing fines over the same obligation
for the breach of which they had already been fined under this Act may be
impose additional fine of up to twice the amount set by
law.
(4) imposition of a fine does not affect the obligation to pay damages to charges
under this Act or the obligation to remove illegal status.
(5) The authority which imposed the fine, he also chooses.
(6) Fines are the income of the State Environmental Fund.
§ 57
In cases where the forest owner does not fulfill the essential obligations laid down
this law and threatens the existence of the forest and neighboring forests, while
sanctions under § 55 are ineffective, the authority of the state forest administration
necessary measures to avert imminent danger.
CHAPTER TEN
COMMON AND TRANSITIONAL
§ 58
Provisions common
(1) The rights and obligations of the forest owner under this Act, the lessee or sublessee
forest, unless the contract between the owner and the tenant
or contract between the tenant and the subtenant expressly provides otherwise.
(2) Unless stipulated otherwise, the organs of state administration
forests in the management of matters governed by this Act under the Administrative Procedure
. ^ 30) Opinions applied to territorial development policies and land-use planning documentation
no administrative decision.
(3) If the decision of the authority of the state administration of forests affect
forest management or fulfillment of forest functions within the territorial jurisdiction of another
body of state forest administration, the competent authority shall state forest administration
after prior consultation with the authority.
(4) Measures according to § 51 paragraph. 1 shall not be imposed unless it
to remedy environmental damage to forests issued corrective action under the Act on Prevention
environmental damage and its remedy and amending certain laws
^ 31), which is sufficient to remedy the shortcomings identified
or to improve the condition of forests and the fulfillment of their functions. initiated
Proceedings for the imposition of measures pursuant to § 51 paragraph. 1
competent authority of the state forest administration stopped, if it was to remedy environmental damage to forests
proceedings on the imposition of remedies under the Act on
prevention of environmental damage and its remedy and amending certain laws
^ 31).
§ 58a
The competence of the regional authority or municipal authority with
extended powers under this Act are delegated
scope.
§ 59
Transitional provisions
(1) Plans approved before the effectivity of this Act shall remain in force
forest owners, who are required under this Act to manage
according to plan (§ 24 par. 3) if, within 18 months from the effective date of this | || Act fails to approve the new plan or changes to an existing plan under § 27th
(2) plans, on which work was started before the effectivity of this Act,
are processed, discussed and presented in accordance with existing regulations;
While taking into account provable financial circumstances.
Approve these plans in accordance with these regulations may be within two years from the effective date of this Act.
(3) The effective date of this Act shall cease to apply exceptions to manage
Forest National Property granted pursuant to § 11 par. 3 of Law no. 61/1977
Coll., On forests, as amended. If you are forests, whose
Administration exemption was granted, the effective date of this Act
state property, transferred the right to manage them the same day at
legal person authorized management of state-owned forests.
(4) The provisions of paragraphs 1 and 2 shall not affect the provisions of § 27 para. 4
this Act. For the forest area of less than 50 ha owned
individuals with the plans referred to in paragraphs 1 and 2 shall be considered an outline
according to § 25 of this Act.
(5) The owner of the forest for the forest management plan is in accordance with paragraph 2
may notify the State Forest Administration within 60 days of the effective date of this Act
that ensure the development plan under this Act (§
24).
(6) of forest categories (§ 7 and 8) must be brought into compliance with
this Act within five years from the date of its effectiveness.
(7) Proceedings in matters governed by Act no. 61/1977 Coll., On forests,
amended by Act no. 229/1991 Coll., By Czech National Council no. 96/1977 Coll
. about forest management and administration of forestry in
amended by Czech national Council Act no. 425/1990 Coll., and legislation
issued for their implementation, initiated before the effective date of this Act, shall complete
according to current regulations. About these matters, the competent authorities
state forest administration to decide by 31 December 1996.
(8) Land forest land designated as forest-free in the forest
management plans approved by existing legislation
are considered forest land under § 3 para. 1 point. a) of the Act.
(9) Selective trees and forests recognized for collecting seeds before
force of this Act shall be deemed approved under this law, unless the
forest owners do not oppose.
(10) Natural and legal persons who are the effective date of this Act
involved in the collection of forest tree seeds, their deciphering, storage, production
forest tree seedlings or trade seeds and seedlings of forest trees
as business activity must, within three months from the effectivity of this Act
ask the state administration of forests
to grant a license under part Six of this Act.
(11) Name of professional forest manager (§ 37 par. 3) is required
forest owner notify the State Forest Administration within two months of
force of this Act; failure to do so, designate professional forest manager
state administration of forests within six months from the effective date of this Act
. After this time the obligation of professional forest manager
pursue legal entity, which belonged to the pursuit of a professional forest management
according to current regulations.
(12) Forest guards of the provisions under existing legislation is considered
no later than 31 December 1996, the forest guards of the provisions of this Act
.
(13) The authorities competent to repeal any provisions forest guard who was appointed
district office, the regional authority in whose administrative district
Forest Guard performs its function.
PART TWO
CHANGE OF CZECH NATIONAL COUNCIL ACT NO. 2/1969 Coll., On establishing ministries and
OTHER CENTRAL GOVERNMENT AUTHORITIES CZECH REPUBLIC, AS AMENDED
§ 60
Czech National Council Act no. 2/1969 Coll., On establishment of ministries and other
central government authorities of the Czech Republic, as amended by Czech National Council
no. 34/1970 Coll., The Czech National Council no. 60/1988 Coll.
Czech national Council Act no. 173/1989 Coll., legal measures
Presidium of the Czech national Council no. 9/1990 Coll., the Czech national Council No.
. 126/1990 Coll., the Czech national Council Act no. 203/1990 Coll., Act
Czech national Council no. 288/1990 Coll., legal measures
Presidium of the Czech national Council no. 305/1990 Coll. Czech national Council Act no. 575/1990
Coll., the Czech national Council Act no. 173/1991 Coll., Act
Czech national Council no. 283/1991 Coll., the Czech national Council no. 19 / 1992 Coll.
Czech national Council Act no. 23/1992 Coll., the Czech national Council Act no. 103/1992
Coll., the Czech national Council Act no. 167/1992 Coll., Act of the Czech || | national Council no. 239/1992 Coll., legal measures
Presidium of the Czech national Council no. 350/1992 Coll., the Czech national Council Act no. 358/1992
Coll., the Czech national Council Act no. 359 / 1992 Sb., the Czech national Council
no. 474/1992 Coll., the Czech national Council Act no. 548/1992 Coll., Act
Czech national Council no. 21/1993 Coll., Act. 166/1993 Coll., Act no. 285/1993 Coll
., Act no. 47/1994 Coll. and Act no. 89/1995 Coll., is amended as follows
:
First § 15 para. 1 reads:
"(1) The Ministry of Agriculture is a central government body for agriculture
, with the exception of agricultural land protection, and
food industry. It is also a central state authority administrating forests, hunting and fishing
, with the exception of national parks. ".
Second In § 16 para. 1 point. e) deleting 'forests'.
Third § 19 para. 2 reads:
"(2) The Ministry of Environment is the central state administration
for water management, air protection, nature conservation and landscape
, for the protection of agricultural land fund for state
Geological Survey, protection of mineral wealth, for ecological
supervision of mining, waste management and impact assessment
activities and their impact on the environment, including those
transcend national borders. it is a central government authority for | || hunting, fishing and forest management in national parks.
It is also a central government authority for the state environmental
policy. ".
PART THREE
Amending Act CZECH NATIONAL COUNCIL NO. 114/1992 Coll., On protection
OF NATURE, AS AMENDED
§ 61
Czech National Council Act no. 114/1992 Coll., On nature and landscape protection, as amended
legal action Presidium of the Czech National Council.
347/1992 Coll., Is amended as follows: | ||
First In § 4 para. 3, the words "for the protection of ecological stability
" is replaced by "in terms of this Act" and the words
"forest management plans" with the following words: "economic and forest
curriculum ".
Second In § 4 deleted paragraph 4
Third In § 5 para. 4 point after the first sentence is replaced by a semicolon and
connect with these words: "It does not apply to non-native plant species if
will operate according to the approved forest management plan or forest owner
taken FMU curriculum.".
Fourth In § 59 para. 3 shall be deleted, the words "and protecting forest land
Fund1)".
Fifth In § 78 para. 4 deleting 'forestry, hunting
".
6th In § 78 para. 5 deleting '
approving forest management plans for forests in national parks. "
7th In § 79 par. 3 point. i) at the end of the deleted comma, and join
these words: "and approve forest management plans for forests in national parks
and their protection zones".
PART FOUR
Amendment to Act no. 23/1962 SB., On hunting, AS AMENDED
§ 62
Law no. 23/1962 Coll., On hunting, as amended by Czech National Council No.
. 146/1971 Coll., The Czech National Council Act no. 96/1977 Coll., Act
Czech National Council no. 143/1991 Coll. and the Czech National Council Act no. 270/1992
Coll., is amended as follows:
First In § 16 after paragraph 2 the following paragraph 3 is added:
"(3) The contract on the lease of a hunting ground must be made for appropriate measures to prevent damage
game and determine who's done.".
Existing paragraph 3 shall be renumbered 4.
Second In § 24 para. 2 deleting 'or administration of the national park
^ 6). "
Third In § 29 para. 1, the first sentence following sentence: "If you can not damage by game
reduce technically adequate and economically viable ways
may impose District Office upon its owner's hunting license or state authority
forests reduction of game, or abolishment
breed the kind of game that the damage operate. ".
Fourth In § 38 par. 2, the words "carry out the management of national parks"
replaced "by the Ministry of the Environment".
PART FIVE
CHANGE OF CZECH NATIONAL COUNCIL ACT NO. 200/1990 Coll., On misdemeanors, AS AMENDED
§ 63
Czech National Council Act no. 200/1990 Coll., On misdemeanors, as
Czech National Council Act no. 337/1992 Coll., The Czech National Council Act no. 344/1992
Coll. Czech national Council Act no. 359/1992 Coll., Act no.
67/1993 Coll., Act no. 290/1993 Coll., Act no. 134/1994 Coll., Act.
82 / 1995 Coll., Act no. 237/1995 Coll. and Act no. 279/1995 Coll., is amended as follows
:
§ 33 is deleted.
PART SIX
§ 64
Repealing provisions
Repealed:
First Law no. 61/1977 Coll., On forests, as amended by Act no. 229/1991 Coll.
Second Czech National Council Act no. 96/1977 Coll., On forest management and
state forestry administration, with the exception of § 36, as amended by Act
Czech National Council no. 425/1990 Coll.
Third Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic
no. 97/1977 Coll., On professional management of forests and
contributions for her, as amended by Decree no. 121/1992 Coll.
Fourth Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic
no. 98/1977 Coll., On forest guard.
Fifth Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic
no. 99/1977 Coll., On how to protect forest land
.
6th Decree of the Federal Ministry for Technical and Investment Development No.
. 12/1978 Coll., On protection of forest land in zoning activity
.
7th Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic
no. 13/1978 Coll., On the categorization of forests
ways of farming and forest management planning.
8th Directive of the Ministry of Forestry and Water Management of the Czech Socialist Republic
ref. No. 35050 / OSS / 79 dated 1 June 1979 to
procedure for the removal of land from the forest land fund for construction
holiday cottages and recreational facilities, registered in the amount
20/1979 Coll.
§ 65
This Act comes into force on 1 January 1996, with the exception of § 32 par.
8 second sentence and § 36, which come into effect on 1 January 1997.
Uhde vr
Havel vr
Pp. Kočárník vr
Notes
THE CALCULATION OF THE FEE FOR WITHDRAWAL OF FOREST LAND
I.
The calculation of the fee for temporary withdrawal
The annual fee per 1 ha is calculated using the formula
OLP = PP. CD. f (CZK ha-1)
OLP - fee for withdrawal of forest land
PP - average annual potential production of forests in the Czech Republic m3 ha-1
CD - the average price of timber at roadside in CZK per m3
F
- factor weighing ecological forest.
Average annual potential production of forests in the Czech Republic
long-term fixed and amounts to 6.3 m3 ha -1.
Average price of timber at roadside down from the achieved
realization prices after deducting production costs and proximity to odvozní
place. This average price of wood down and announced annually by the Ministry
[§ 49 par. 3 point. E)].
Factor forest ecological balances shall be deducted from the table.
Factors are compiled by categories and subcategories forests.
II.
Calculation of the fee for permanent withdrawal
Fee for permanent withdrawal of forest land (OLP) is calculated as the capital value
annual levy when using an interest rate of 2%, which according to the formula
:
PP. CD. f
OLP = ------------------ (CZK ha-1)
0.02
TABLE OF THE ECOLOGICAL FACTOR SCALE FOREST (f)
----------------------------------------------- -------------------
Category forest f
-------------------------------------------- ----------------------
Les economic 1.4
Les protective
a) forests at exceptionally unfavorable sites 3.0
b) high-elevation forests below the upper limit of tree vegetation 5.0
c) forests in the scrub forest vegetation 5.0
Les special purpose
a) forests in the zone of protection of water resources of the first degree 5.0
b) forests in the protected zone medicinal water sources 5.0
c) forests in national parks
first Zone 5.0
second Zone 4.0
third Zone 3.0
d) forests in specially protected areas 5.0
e) forests in the system of ecological stability of the territory of 5.0
f) forests Spa 4.0
g) suburban forests and increased health and recreational functions 3.0
h) forests forestry research institutes and forestry schools 2.0
i) forests famous for the genetic base of 3.5
j) forests in recognized game reserves and separate pheasantries 1.5
Forests outside the declared category
a) forests in the zone of protection of water resources
II. Grades - (internal) 4.0
II. Grades - (external) 2.0
III. Grades 2.0
b) forests in the protected area of natural water accumulation ----------------------------------- 2.0
------------------------------
Selected provisions of amendments
Art. XVIII of the Act no. 223/2009 Coll.
Transitional provisions
Proceedings commenced before the effective date of this Act and to this day
will be finished and the rights and obligations regarding the
assessed under the existing legislation.
1) Czech National Council Act no. 334/1992 Coll., On protection of agricultural land fund,
amended.
2) Eg. Law no. 92/1991 Coll., on the transfer of state property to other persons
, as amended.
3) Directive of the Ministry of Health of Czechoslovakia on basic hygiene
principles for determining the definition and use of protective zones of water
resources intended for mass supply and drinking water and for
establishment of water reservoirs, ref. No. HEM-324.2-1. 9th 1978
of 26 July 1979 in the amount registered no. 20/1979 Coll.
4) § 48 of Act no. 20/1966 Coll., On Public Health Care, as amended
.
§ 24 of Ministry of Health of Czechoslovakia no. 26/1972 Coll., On protection and development of natural
spas and natural medicinal resources.
5) Czech National Council Act no. 114/1992 Coll., On nature and landscape protection, as amended
.
Act No. 20/1987 Coll., On state monument care, as amended
regulations.
6) Act no. 23/1962 Coll., On hunting, as amended.
7) Czech National Council Act no. 344/1992 Coll., On the Land Registry of the Czech Republic
(Cadastral Act).
8) Decree of the Federal Ministry for Technical and Investment Development No.
. 84/1976 Coll., On planning and zoning documents
documentation, as amended.
9) Act no. 44/1988 Coll., On the protection and utilization of mineral resources
(Mining Act), as amended.
10) Eg. Law no. 50/1976 Coll., on territorial planning and building regulations
(Building Act), as amended, Act no. 44/1988 Coll.
amended.
10a) § 149 paragraph. 1 of Act no. 500/2004 Coll., Administrative Procedure.
12) § 11 of the Ordinance of the Ministry of Finance no. 25/1994 Coll., As
implementation of tax registration and transfer taxes to their recipients.
§ 96a Act No. 337/1992 Coll., As amended.
13) Czech National Council Act no. 388/1991 Coll., On the State Environmental Fund
Czech Republic, as amended.
14) § 11 of Act no. 128/2000 Coll., On Municipalities (Municipal Establishment), as amended
.
15) Act no. 222/1999 Coll., On the defense of the Czech Republic.
16) Eg. Czech National Council Act no. 133/1985 Coll., on fire protection, as amended
amended, Czech National Council Act no. 62/1988 Coll., on geological work,
amended.
17) Act no. 17/1992 Coll., On the environment.
18) Eg. Law no. 50/1976 Coll., Act no. 138/1973 Coll., on waters (
Water Act), as amended, Act no. 111/1994 Coll., on road
Transport, as amended.
19) Eg. Act no. 266/1994 Coll., on Railways.
20) Eg. Act no. 138/1973 Coll., as amended, Act
CNR no. 114/1992 Coll., as amended.
20a) Act no. 149/2003 Coll., On the marketing of reproductive material of forest trees
forestry important species and artificial hybrids dedicated to
forest regeneration and reforestation, and on amendments to some related laws
(Act on trade in forest reproductive material).
21) Czech National Council Act no. 133/1985 Coll., As amended.
21a) § 19 par. 3 of Law no. 23/1962 Coll., As amended.
22) Act no. 40/1964 Coll., Civil Code, as amended
regulations.
23) § 17 para. 1 and § 36 para. 1 point. b) Act no. 138/1973 Coll.
23a) Act no. 269/1994 Coll., On Criminal Records, as amended
regulations.
23b) Act no. 269/1994 Coll., On Criminal Records, as amended
regulations.
24) Czech National Council Act no. 200/1990 Coll., On misdemeanors, as amended
regulations.
25) Czech National Council Act no. 114/1992 Coll., As amended.
26) § 19 of Act No. 2/1969 Coll., On establishment of ministries and other
central government authorities of the Czech Republic, as amended
regulations.
30) § 149 paragraph. 1 of Act no. 500/2004 Coll.
31) Act no. 167/2008 Coll., On prevention of environmental damage and its
remedy and amending certain laws.
32) For example Act no. 552/1991 Coll., On state control, as amended
amended, Act no. 320/2001 Coll., On financial control,
amended.
32) § 3 para. 4 of the Act no. 503/2012 Coll., On the State Land Office and
amendment of related laws.
33) For example, § 15 para. 1 of the Act no. 218/2000 Coll., On budgetary
rules and amending certain related acts (budgetary rules
), as amended by Act no. 109/2009 Coll.
33) § 1 para. 2 of Act no. 449/2001 Coll., On hunting.
