164/2001 Sb.
LAW
of 13 October. April 2001
of the natural medicinal resources, sources of natural mineral waters,
natural healing spas and Spa areas and amending certain
related laws
(SPA)
Change: 76/2002 Coll., 320/2002 Coll.
Change: 444/2005 Sb.
Change: 222/2006 Sb.
Change: 186/2006 Sb.
Change: 167/2008 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 375/2007 Sb.
Modified: 15/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
OF NATURAL MEDICINAL RESOURCES, RESOURCES, NATURAL MINERAL WATER, NATURAL
THERAPEUTIC BATH AND SPA LOCATIONS
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
This Act lays down the conditions for the search, protection, use and
further development of the natural medicinal resources, sources of natural mineral
water intended primarily for dietary purposes, natural healing Spa and
spa resorts.
§ 2
Definition of terms
(1) natural healing source is a naturally occurring mineral
water, gas or peloid, which have the property suitable for treatment
recovery, and on this source is the subject of a certificate under this Act.
Peloidem means the peat, peat or silt. Mineral water for
therapeutic use of means naturally occurring groundwater
the original purity of the dissolved solids content of at least 1 g/l, or
with a capacity of at least 1 g/l of dissolved carbon dioxide or containing
Another significant health chemical element or to its spring
the natural temperature higher than 20 ° C or the radioactivity of radon above 1.5
kBq/l.
(2) the source of the natural mineral water is naturally occurring
the underground water of the original purity of the standing composition and properties, which has
the physiological effects of the dietary mineral content,
trace elements or other components that allow its use as a
Food and for the production of bottled mineral water, ^ 1) and on this source was
issue of a certificate under this Act.
(3) Natural medicinal baths means a set of medical and
other related equipment used to provide the Spa hospital
rehabilitation care, (hereinafter referred to as "spa treatment") ^ 2) laid down for natural
medical spas under this Act.
(4) the Spa site means the territory or part of the territory of the municipality of ^ 3) or more
municipalities in which there are natural health spa, set in a spa
in accordance with this Act.
§ 3
The evaluation and exploitation of the natural medicinal resources and natural resources
mineral waters
(1) the method and scope of the evaluation of the natural medicinal resources, and resources
natural mineral water, method of obtaining mineral water, gas and
peloidu from these sources (hereinafter referred to as "proceeds"), edit, transfer and
the proceeds from these sources, storage and labelling of products from natural
medicinal resources provides for the Ministry of health Decree (hereinafter referred to as
"the Ministry"). In the production of bottled natural mineral water and
the waste product from the source of a natural mineral water shall be treated
under special legislation, ^ 4) If this law does not
otherwise. Indicators of natural radiation from the water lays down specific legal
prescription. ^ 5)
(2) for the purposes of Spa care can use only those sources of mineral water,
gas or peloidu, which is the issue of a certificate that they are natural
Healing source under this Act.
(3) for the production of bottled natural mineral water, you can use only those
the source, which is the subject of a certificate under this Act.
§ 4
The legal nature of the natural medicinal resources, natural mineral resources
water and the proceeds from them
(1) natural healing source according to § 2 (2). 1 and source of natural mineral
water according to § 2 (2). 2 (hereinafter referred to as the "source") are not part of nor
accessories of land and are not subject to ownership.
(2) the proceeds from the source becomes the subject of ownership as soon as it
a person who has under this Act, the authorization to exploit resources, shall withdraw
from the source.
TITLE II
USE OF RESOURCES
§ 5
The certificate of the source
(1) a certificate of the fact that the source of the mineral water, gas or peloidu (
"the supposed source") is a natural healing source or a source of
natural mineral waters (hereinafter referred to as the "certificate") shall issue a decision
If the Ministry verifies compliance with the requirements on the source properties
provided for in this Act and the decree issued under section 3 of the
paragraph. 1 of this Act, of its own motion, on a proposal by the owner of the
the land on which, or under which the estimated resource is located, or on the
the design of the municipality in whose territory the estimated resource is located, or on the
a proposal from the legal or natural person that proposes to the expected source
take advantage of.
(2) when the expected authentication resources Ministry assesses its
the composition, properties, suitability and possibility of its use, as well as the conditions
to secure its protection. If checks show that the
the estimated source does not meet all the requirements and related properties,
the appropriateness of its use for medicinal purposes or for mineral water
the appropriateness of its use for consumption as food, ^ 1) decision
proposal for issue of the certificate will be rejected.
(3) the decision by which the certificate was issued, the Ministry shall notify the
and) the parties
(b)) municipality in whose territory it is located, the source
(c) the Ministry of the environment),
d) Ministry for regional development,
e) Authority town planning, building Office ^ 6) and vodoprávnímu Office,
the competent according to the place of occurrence of the source.
(4) decision, which rejected the proposal on the issue of the certificate,
the Ministry shall notify the interested parties only.
(5) the party to the proceedings on the issue of the certificate is the claimant and the person
to the right of ownership to immovable property, on which, or under which the
the estimated resource is located and to the use of
the presumed source directly affected, as well as the person to whom such
carry out the management of real property under special legislation.
(6) if the source no longer meets the requirements for it asked or not
the properties for which it was certified by the Ministry, Ministry of
the certificate cancels the decision and this decision shall be notified to all who have been
a decision on the issue of the certificate, where applicable, legal aid,
the successors.
(7) the breakdown brought against decision of the Ministry issued pursuant to
paragraphs 1, 2 and 6 does not have suspensory effect.
(8) information about the fact that the Department has made the decision on the issue of
the decision to cancel the certificate and the certificate of the Ministry announces the
in a communication in the statute book. In this communication shall also indicate where it is
can be consulted in the decision.
§ 6
A proposal for the issuance of a certificate
(1) in the application for a certificate shall be
and) details of the person who submitted the proposal, name, surname, place of residence,
nationality and birth number or identification number, in the case of
a natural person, or the name (company), registered office and identification number, if
of the legal person; for legal persons shall show also FirstName, LastName,
of residence, nationality and birth number or identification number
persons (hereinafter referred to as "identification number") a natural person who is the
the statutory authority, if the authority is appointed,
(b) a description of the anticipated source) and its surroundings.
(2) the application for a certificate shall be accompanied
planimetric and altimetric) focus of the anticipated resources
(b) the final report on the outcome of the) geological work, ^ 7), including the proposal on the
protection of the anticipated resources; If you already had the territory in which the
is mineral water, gas or peloid, geologically explored, can be
with the consent of the Ministry to replace the final report on the outcome of the
geological work of the suspected source of the hydrogeological judgement,
(c)), the proof of the chemical composition, physical, microbiological and
radiological characteristics of mineral water, gas or peloidu
processed natural medicinal sources reference laboratory (section 40)
(d) an expert on usability) mineral water, gas or peloidu to
therapeutic purposes, to use them for consumption as food, "^ 1") that
is authorized to handle the person with competence under the Special
Law ^ 7) or reference laboratory of natural healing
resources; for the need of their usefulness for therapeutic purposes, opinion
It also contains a medical part that handles the doctor-specialist in
the field of fyziatrie, balneology and therapeutic rehabilitation or scope
corresponding to the therapeutic use of resources; for the need for usability
mineral water for the production of bottled natural mineral water contains
opinion within the limits set by Decree of the Ministry of assessment
the physiological importance of mineral water for food; the essentials of vocational
the opinion sets out the Decree of the Ministry,
(e) a proposal for the use of mineral) water, gas or peloidu of
the projected resources,
f) image from a cadastral map corresponding to the current state of the cadastre
real estate showing the position of mineral resources prediction
water, gas or peloidu and designating the boundaries of the protection you need,
g) extract from the land register and the identification data of the
real estate, including data on ownership and other rights to them, on
of which, or under which the estimated resource is located, and in real estate,
to be directly affected by its use.
(3) if the application for a certificate does not contain the elements listed in
paragraphs 1 and 2, it shall invite the applicant to supplement the Ministry of design
missing requisites laid down in a reasonable time. If
the applicant does not complete the proposal within that period, the Ministry initiated proceedings
stops.
§ 7
The particulars of the certificate
The certificate contains the following information:
and the source location, description)
(b)) information on composition and properties of the source,
(c) the use of resources.)
§ 8
The obligation of notification
(1) legal or natural person who, in their search, exploration,
construction and other activity finds the occurrence of groundwater with signs
elevated temperature, mineralization, or carbon dioxide, gas or
peloidu, is required to notify the Ministry no later than
15 days from the date of the finding.
(2) the notification obligation provided for in special legislation ^ 8) is not
without prejudice to the provisions of paragraph 1.
Authorisation for use of resources
§ 9
(1) the use of resources can only be on the basis of authorisation issued by the
the Ministry. When issuing the authorization to use the resources of the Ministry shall ensure
make use of the source to be friendly and the proceeds from the source was used
primarily for medicinal and dietary purposes.
(2) Peloidy obtained from natural resources will initially be used for
balneological purposes. The method of disposal of used peloidem down
Ministry in the authorisation issued in accordance with paragraph 1.
§ 10
Application for a licence to use the resources
(1) an application for the issue of permits for the use of resources can only submit
a legal person or a natural person authorized to do business or to other
activities in which the source is to be used (hereinafter referred to as "the applicant"); in
application, the applicant shall indicate the
and) name, surname, place of residence, nationality and social security number or
identification number, in the case of a natural person,
(b)) (company) name, registered office and identification number, if it is a legal
the person, as well as name, surname, place of residence, nationality and birth
number or identification number of natural persons, who are a statutory
body of a legal person, if that authority is established,
c) subject of entrepreneurial activity, in which the source is to be used,
(d) the designation of the property) or under which the resource is located, and which
its use is to be directly affected, specifying the current
This property registered in the land registry,
(e) use of resources)
(f) the expected date of commencement of the use of) resources,
(g)) the expected date of their use of resources if it is to be a source of
used for a fixed term.
(2) on the application by the applicant attaches
and plan the use of resources) that contains
1. slide the land registry map corresponding to the current state of the cadastre
plotting real estate resources to be exploited, documented
the current extract from the land register to the property on which the source
located,
2. the planimetric and altimetric focus resources
3. a copy of the cadastral map, plotting the proposed border protection
zone resources degree and extracts from the cadastre of real estate to real estate,
located inside of this proposed protection zone,
4. a copy of the base maps at a scale of 1:10,000 are plotting the boundaries
source protection zone II. the degree,
5. the purpose of the use of the proceeds from a source (e.g. baths, wraps, racking up
bottles),
6. the proposal for the amount of the proceeds, which is to be collected from the source,
7. the share of any proceeds from the usage of the resources for any purpose other than to
the purpose stated in paragraph 5, indicating that other purpose; This does not apply
peloidu, which is primarily used for balneologickým purposes,
8. method of disposal of used the proceeds from the source,
b) extract from the commercial or other register or a certified copy
Trade license proving the legitimacy of the activities of the applicant,
(c) refund the cost) contract for the exploration of the source concluded with the person
that the cost of a survey carried out, unless the applicant, which itself
the survey carried out
(d)) the draft protection resources handled by a person with professional
a device under a special legal regulation, ^ 9)
e vodoprávního) to the Office under a special legal regulation,
It is to be used by the source natural mineral waters,
f) plan of rehabilitation of the bearings, it is to be used by the peloid.
(3) the applicant in the request referred to in paragraphs 1 and 2 must demonstrate
that is the owner of the property on which, or under which the resource is located, and
to be directly affected by its use, or that it has to this
other real estate law, which authorises him to real estate to the use of
resources (for example, lease agreement, contract of any material proof or
other agreement concluded between the applicant and the owner of the real property).
(4) if the request does not contain the particulars referred to in paragraphs 1 to
3, the Ministry will invite the applicant to complete the request within a reasonable time.
If the applicant its request within the prescribed period to complete, the Ministry of
initiated the procedure for the issue of permits for the use of the source stops.
§ 11
Participants in proceedings for the authorization to exploit resources
The proceedings for the authorization to exploit resources are the applicant
This authorization and the owners (administrators) of real estate, on which or
under which the resource is located, and that the use of resources will be directly
without prejudice to the. Party to the proceedings is whether or not the municipality, if the permit is issued to the
use of resources in the yet unused zřídelní structure or authorization to
the use of resources, for the use of which has not yet been built, no
device. The authorization to exploit the resources does not replace the usage decision
territories under special legislation. ^ 10) the issue of permits to
the use of resources, the Ministry shall send the municipality in whose territory the
the source is located, as well as the locally competent authority and
vodoprávnímu Office; the authorization to exploit the resources of natural mineral water
will also be sent to the competent authority of the user of the resource.
§ 12
Permission to use the resources
(1) the Ministry shall issue the authorisation to use the only such source, which
is the subject of a certificate under section 5, and only when the applicant has submitted
the complete application for a licence for the use of resources in accordance with § 10. When
examination of an application for a licence to use the resources of the Ministry of
shall evaluate in particular whether the proposed in this application use of resources corresponds to the
the character and the capacity of resources and whether the applicant is able to provide
long-term use of resources in the required quality and has a practical
experience in the use of resources.
(2) the Ministry shall reject the application for a licence for the use of resources,
If
and) interest in protecting sources outweighs the interest in its use,
(b) the use of the resources of the plan) is not in accordance with the purpose for
its use,
(c) the proposed source protection method) does not match the need for its protection,
or
d) permission to use resources released another applicant, unless the
the procedure under section 18.
(3) the Ministry shall issue the authorisation when a claim of priority
an applicant who is the owner of the property on which or below which
the source is located, and at the same time pay the costs of the survey source.
(4) the authorization to exploit the resources Ministry presents
and) name, surname, place of residence, nationality and social security number or
identification number, in the case of a natural person,
(b)) (company) name, registered office and identification number, if it is a legal
person, and the name, surname, place of residence, nationality and birth number
or registration number of natural persons who are the statutory body
legal person, if that authority is established,
c) subject of entrepreneurial activity, in which the source can be used,
(d)) the way the scope of and conditions for the use of resources; the peloidu method also
disposal of used peloidem and method of reclaiming his bearings,
(e)) description of the resource and its location,
(f) the method of editing the proceeds allowed) from the source,
g) conditions for hydrogeological, chemical, physical and microbiological
monitoring resources and the proceeds thereof,
h) range and frequency of verification of the quality and source of the proceeds thereof,
I) device, which is necessary to build and maintain security
use and protection of resources,
(j) the term started the exploitation of resources),
the use of source leaves), if it is to be used for
a specific.
(5) in the free-access resources and historically at the newly acquired resources from
already used by the zřídelní structure, the Ministry may provide in the authorisation
the obligation to allow the user a free subscription of the mineral water from the source
to individuals for their personal use in the range not exceeding 10% of the
the richness of the resource, but not more than 6 l/min.
(6) a permit for the use of resources and the rejection of an application for authorisation to
resource use are administrative decisions issued under the administrative
of the order.
section 13 of the
(1) a person that has been granted a permit for the use of resources (hereinafter referred to as
the "user") shall submit to the Ministry not later than 1 year from the date of acquisition
legal authorization to use the source documentation of the building for the use of
the resources intended for the competent territorial control of the Building Authority for
the purpose of the assessment of its suitability for the enabled method of the use of resources,
If the use of the resources building construction requires. If the nature of the construction
requires assessment by a special Act, ^ 11) the time required for this
assessment of the time limits laid down in the first sentence shall not be counted. If this
the documentation does not conform to the permitted usage of resources,
the Ministry of returns and determines how the user documentation, scope, and period of
for its addition or amendment. The Ministry will examine the documentation for the
territorial control within 60 days from the date of receipt of the request. In this period,
does not count the period during which the dossier was for territorial control returned to the
the user to supplement or modify. The result of the assessment in due time
the Ministry shall inform the user in its observations, which may indicate
the conditions of the location, design and use of security-oriented construction
the use of source permitted.
(2) without the representation of the Ministry in accordance with paragraph 1 may be issued with territorial
decision under special legislation. ^ 6)
(3) the provisions of paragraphs 1 and 2 are without prejudice to specific legal
legislation. ^ 6)
§ 14
Changes and cancellation of the authorization to use the resources
(1) the user is obliged to notify the Ministry of resources all changes
regarding the information provided in the application for a licence to use the
resources and documents attached to the application at least 30 days prior to their
the intended implementation, and if the changes were not known in advance, within 15 days
from their inception.
(2) the Ministry shall decide on the basis of the notification referred to in paragraph 1,
According to the severity of the changes on the change permission to use resources or about
the suspension of the use of resources or permit revoked. When you pause
the use of resources at the same time, the Ministry shall determine the period within which the user is
required to remove the shortcomings that led to the suspension of the use of
source.
(3) the Ministry may cancel the final permit decision
the use of a resource, if the
and the user has not submitted within the time limit) referred to in § 13 para. 1 the Ministry of
documentation of the building for the use of resources intended for territorial control to
an assessment of its suitability for the enabled method of utilization of resources or the
documentation of the nedoplnil or nedoplnil within the time specified by the Department,
(b) did not begin with the use of) the user resources within the time limit laid down in the authorisation
to use the resource.
(4) the Ministry decision cancels the permission to use the resources
If
and changed the source properties) so that in terms of the interests set out in
This Act is not suitable for its use,
(b)) user seriously violates the terms established by this Act
or in the authorization for the use of resources,
(c) the use of source occurred) without adversely affecting the ground water or
the environment,
(d)) on the abolition of user requests.
(5) the decomposition of decisions issued by the Ministry in accordance with paragraphs 2 to
4 does not have suspensory effect.
§ 15
The demise of the authorization to exploit resources
(1) permission to use the resource ceases to exist
and, at the end of the period) to which it was issued, if this time was in the permit
listed,
(b)) by changing the user (e.g., the sale of the business or part of a distribution,
merging or amalgamation of the company), the abolition of user or termination of
the user, if the user of the legal person,
(c)) the death of the user resources, if the user is a natural person,
(d) the termination or cancellation of the trade), or other permission ^ 12) or
the termination of activities, in which the resource was used,
(e)), exhaustion, loss or spoilage of the source.
(2) a user who intends to continue the use of the sources even after the
the period for which the authorization was issued for the use of resources can
not later than 12 months before the expiry of this period the Ministry to request a
extension of the period of the use of resources. The Ministry will decide on this request
not later than 3 months from the date of submission of the application.
(3) in the case of termination of the authorization to exploit the resources referred to in paragraph 1 (b).
(b)), and (c)) may a legal person or a natural person who continues
business ^ 13) or the activity in which a resource is used,
use the resource after the time necessary to obtain the authorisation to use the
resources for yourself, if you notify the Ministry of its intention to continue to use the
a source within 15 days from the date of termination of the permit and submit a request for
the issue of permits for the use of resources within 60 days from the date of termination of
the authorisation; the Ministry may in these cases to determine which elements
laid down in section 10 does not have to be. Until the release of the new
the authorization to exploit resources of that person complies with the conditions laid down in
permission to use this source, though.
TITLE III
USER RESOURCES AND MENTORSHIP
section 16 of the
(1) the user is obliged to source
and) to comply with conditions laid down in the authorization to exploit the resources and
the obligations laid down by law,
(b) notify the Ministry and) the competent Customs office opening
the exploitation of resources,
c) maintain in good order for equipment intended for use and security
protection of resources
(d) ensure the hydrological and hydrogeological) oversight of the source and the
the monitoring of chemical, physical, microbiological and radiological
the properties of the source and of the proceeds and their wholesomeness,
e) verify the quality of the source and quality of the proceeds in its acquisition,
transport, the possible accumulation of the natural medicinal resources and even when
use the balneaci Reference Laboratory of the natural medicinal resources in
the extent and frequency specified in the authorisation for the use of resources,
(f)) to carry out measures to secure the use of the resource and its protection and
the measures imposed to the defects are not corrected,
g) follow instructions of persons referred to in section 39 in the implementation of the supervision of
use and protection of resources,
(h)) to provide the data needed for the register of natural healing
resources and resource registry of natural mineral waters,
and to report to the Ministry) data on the actual amount of the proceeds from the source
15. day of each calendar month, for the previous calendar month,
j) for proceeds from natural resource use only such packaging and
packaging materials, which does not alter the properties of the proceeds and have no adverse
effects on human health,
to indicate on the packaging) of the proceeds from natural resources on peloidu
the package leaflet, characteristic of the composition, method of storage, the time
use and other information set out by Decree of the Ministry,
l) to allow for the reimbursement of the operating expenses of the use of natural healing
the source of the next user that has authorization pursuant to § 18 para. 1,
m) to enable the beneficiaries as referred to in § 39 entry on land, to
buildings and equipment and allow them to make the necessary inquiries and subscription
samples,
n) allow a free subscription of the mineral water from the source natural persons for
their personal and free access to this subscription, if provided for by
permission to use resources (section 12, paragraph 5).
(2) the user is obliged to ensure source professional supervision over the use and
protection of the source of a natural person who is the holder of a certificate of professional
certificate of competency issued under this Act, not later than 1 year after the
entry into force of Decree issued pursuant to § 46 para. 1 (b). I).
(3) the user can perform source interventions and modifications on the sampling device
the source only with the consent of the Ministry.
§ 17
(1) on the basis of the decision of the Ministry of the user resources on your own
are sitting on their costs or deletes the catchment, which is the source of the
used, if
not used, source)
(b)) was revoked permission to use pursuant to § 14 para. 2 to 4,
(c) permit) ceases its use under § 15 para. 1 (b). and), (b)),
d) or (e)), with the exception of the procedure under § 15 para. 3,
(d)) in order to protect zřídelní structures is necessary to remove interception
device resources.
(2) the breakdown brought against decision of the Ministry issued pursuant to
paragraph 1 shall not have suspensory effect.
(3) the Ministry shall ensure the preservation or deletion will
If the source device
and it does not extradite) decision referred to in paragraph 1,
(b) the user does not have a source).
section 18
For more user and administrator of the natural medicinal resources
(1) if the discharge of a natural healing source is greater than the volume of the
referred to in the authorisation issued to the user of this resource, or if the user
This source does not use the volume referred to in the long term to
use (§ 14 para. 2), it may allow the use of the remaining Ministry
the capacity of the resources to the next user. The provisions of § 10 to 16 shall apply
adequately. The proceedings for permission to use a natural healing
the source of another person are present, the user of this resource, and more
the applicant for a permit for its use.
(2) the user who has received permission to use the
natural resources at the same time as the first, is the administrator of this
source. Natural resources manager fulfils the obligations resulting
from section 10 to 17 in the range specified by the Ministry. The Ministry may specify
the administrator of the natural medicinal resources of another user if its
the original Administrator requested or fails to fulfil the obligations of the user accordingly
or the administrator of the natural medicinal resources.
(3) in the spa area with a large number of providers of health care services,
who provide Spa care using natural healing source in
This place can determine the resources Department of the administrator of that person that
is not the user of this resource.
§ 19
Professional supervision
(1) supervision over the use and protection of resources may exercise only
a natural person who holds a certificate of professional competence
issued under this Act, (hereinafter referred to as "balneotechnik").
(2) the competence of the examination and proof that validates the certificate.
Competence for verifying and issuing the certificate of professional competence
the Ministry for a period of 5 years.
(3) a prerequisite for obtaining the professional competence is
and) higher education ^ 14) water management, hydrogeological or
relative direction, or the field, and 2 years experience in water management
or in related fields, or
(b)), higher professional education ^ 15) and at least 5 years of experience in the aquatic
a farm or related fields, or
(c)) the full secondary education ^ 15) and at least 10 years of experience in the aquatic
economy or in related fields, and
d) successful exam.
(4) an individual request to conduct a test of professional competence
shall submit to the Ministry. The test can be repeated soon after 3
months from the date of the tests carried out have failed. The formation and the composition of the trial
the Commission, the scope, method and organization of the examination of professional competence
provides for the Ministerial Decree.
(5) the Ministry may balneotechnikovi the validity of a certificate of professional
competency issued pursuant to paragraph 2
a) based on its application, the decision may be extended by another five years, and it
repeatedly, on the basis of the general assessment of its activities in the area
professional supervision of assigned resources,
(b) cancel the decision) if it finds significant weaknesses or
repeated flaws in its activities, or if such deficiencies
detects another administrative authority and its findings to the Ministry in writing; in
this case is the one which has been invalidated certificates of professional
eligibility, can log on to perform new tests of professional
Fitness first after the expiration of 6 months from the date of acquisition of legal power
the decision on the revocation of a certificate of professional competence.
(6) if the balneotechnik ensures the supervision referred to in paragraph 1 in
collecting the mineral water from the source in the mine workings, proof of professional
eligibility also under special legislation. ^ 16)
(7) the breakdown brought against decision of the Ministry in accordance with paragraph 5 (b).
(b)) does not have suspensory effect.
TITLE IV
THE FEE FOR THE USE OF THE RESOURCES OF NATURAL MINERAL WATER
section 20
(1) the proceeds from the natural mineral water resources in the amount of
provided for in the authorization for the use of resources in accordance with § 12 para. 4 (b). (d))
user pays a fee beginning with the source in the month following the
the date on which it was started with the exploitation of resources.
(2) the unit amount of the fee referred to in paragraph 1 shall provide the Government.
(3) the fee is paid monthly, always up to 25. day of each calendar
the month of one twelfth of the annual fee provided for in
by multiplying the unit amount of the fee to the allocated quantities removed
mineral water per calendar year in the m3.
(4) the levying and collection of the fee shall be exercised by the competent tax authority in accordance with
the headquarters of the user of the source natural mineral water. Fee income is
the State budget.
(5) the proceeds in the quantities specified in the authorization pursuant to § 12 para. 5
is not subject to a fee.
TITLE V OF THE
RESOURCE PROTECTION
section 21
The establishment of protection zones,
(1) to protect resources from activities that may adversely affect the
its chemical, physical and microbiological properties, its health
safety, as well as inventory and yield resources, provides for the protection
Ministry decree.
(2) design protection shall be based on an analysis of the risks
the richness, quality and health resources. The protection is
be determined by reference to the purpose to be achieved and the legitimate interests of
legal entities and natural persons in the relevant territory were limited in
extent strictly necessary. The protection shall as a general rule in two
degrees.
(3) the protection of the individual sources shall be determined on the basis of expert
reports processed by the person with competence. ^ 9) Decree
Department of protection can also be varied or cancelled, if
the reasons for their determination under this Act have changed or disappeared.
(4) a proposal for the establishment of protection zones, the Ministry will discuss with the
the relevant administrative authorities under special legislation ^ 17) and with
municipalities in whose territory protection are to be established. The concerned
administrative authorities and municipalities are obliged to send its opinion to the Ministry
60 days from the date of receipt of the request of the Ministry of communication of the opinion. If
in this period the concerned administrative offices and municipalities to the Ministry
fail to provide, it is considered that the proposal for buffer zones do not have comments.
(5) the costs associated with the determination of the buffer zones shall be borne by the user
resources, if the resource user, these costs shall be borne by the Ministry.
The costs of changing existing protection zones shall be borne by the one in whose
the proposal to modify the protection zone.
section 22
Protection degree
(1) the protection degree is established for the territory of the covering rule
around the output of the source.
(2) in the case of a natural healing sources of mineral water and gas and at the source
natural mineral water protection zone lays down a rule for the territory
the defined circle with a radius of 50 m from the source, if it is not based on
hydrogeological investigation should be determined otherwise. In this case, in
a protection degree of protection to secure immediate recovery
define the source, usually in the range of 10 x 10 m zone around the source natural
the protection of sources, which may be carried out activities associated with the
the protection and use of resources. The natural healing source peloidu is
the protection zone provides a rule for the territory defined by boundaries of bearings
peloidu.
(3) from the territory of the protection zone will remove all potential sources
pollution sources and further adjustments to the territory.
Includes a protective zone historically an urbanized area, resources
possible pollution it deletes is reasonably possible having regard to the
These facts.
(4) in the protection zone established for the territory of the designated circle of RADIUS
up to 50 m from the source, in the zone of the physical protection of resources and in the protection zone
natural resources peloidu are prohibited all activities with
the exception of those that are necessary for the protection and use of resources.
(5) in the protection zone established for the territory of greater than the defined circle of
the radius of 50 m from the source it is forbidden to carry out activities that may
negatively affect the chemical, physical and microbiological characteristics
resources and its wholesomeness, as well as inventory and yield of the source.
These activities and the dates of their completion, following the local
the geological conditions are set by Ministerial Decree laying down the
the protection zone.
(6) the measures provided for in paragraph 3 shall ensure at his own expense the user source.
Property owner is obliged to allow the implementation of these measures.
If the source user measures pursuant to paragraph 3 shall ensure and costs
shall be borne by the Ministry.
(7) land registry office records the protection zone, the first degree in the
real estate according to the graphic and written documents submitted by ^ 18)
the Ministry.
Article 23 of the
The protection zone II. the degree of
(1) the protection zone II. the grade is determined to protect the zřídelní structure
resources could, where appropriate, the territory of the zřídelní structure of the source or
its parts, or could the territory or part of the source. Protective
zone a natural healing source peloidu lays down in particular to protect
the hydraulic conditions of the source.
(2) within the protection zone II. the degree of partial zones can be defined with the
varying degrees of protection.
(3) in the protection zone II. the degree is forbidden to perform the activities that
can adversely affect the chemical, physical and microbiological
the properties of the source and its wholesomeness, as well as inventory and
yield of the source. These activities and the term following their completion,
on local geological conditions are set by the Decree of the Ministry of the
shall establish a protection zone.
(4) the protection zone II. instance defining the base map in scale 1:
10 000 and is also drawn to the base maps at a scale of 1:50, 000.
section 24
The boundaries of the protection zones
(1) when determining the boundaries of the protection zone shall take into account to the border
the individual plots of land, according to the land registry, or to natural and
artificial boundaries on the ground.
(2) the boundaries of the protection degree is on the access roads
leading to the source or to other appropriate places marks the tables with
the State coat of arms and with the inscription "the protection degree of the natural
medical sources "or" the protection degree of the source natural
mineral water ", if the Ministry established a prohibition on entry, then the table
It will also contain the words "unauthorized entry prohibited". Zone of physical
protection of sources shall be marked with the inscription "Zone tables of physical protection
of the natural medicinal resources "or" Zone of physical protection of the source natural
mineral water ", if the Ministry established a prohibition on entry, then the table
It will also contain the words "unauthorized entry prohibited". Decree
the Ministry for the establishment of the protection zone can provide that protection
zone I and zone of physical protection of resources is oplotí.
(3) the boundaries of the protection zone II. the degree is marked only in strictly
When necessary, for example, crosses the boundaries of the protection zone
with communication, if provided for by Ministerial Decree laying down the
the protection.
(4) the designation of buffer zones in the border terrain, or fencing
does the cost of the user of the resource. If the user is not the source of
designed, bears the cost of marking the boundaries of the protection zones by the Ministry.
The boundaries of the buffer zones shall be indicated in the planning documentation.
TITLE VI OF THE
NATURAL HEALTH SPA AND SPA LOCATIONS
§ 25
The conditions for determining the natural healing Spa
(1) for natural health spa, you can establish a set of medical and
other devices that are intended to provide the spa treatment on the
the territory of the State of the environment, the relevant requirements of the Spa
care, if in that territory or in its vicinity is a natural
source or this territory has climatic conditions conducive to healing.
The environmental requirements and equipment of natural healing Spa
provides for the Ministerial Decree.
(2) the territories with climatic conditions referred to in paragraph 1 shall not be considered
the underground spaces.
(3) natural health spa provides Ministry decree on its own
the initiative, at the request of the municipality in whose territory the to be the natural health spa
set, or on a proposal from the natural or legal person who proposes to
use of local natural medicinal resources and climate conditions
favourable for treatment to the granting of Spa care.
(4) determination of natural healing Spa, the Ministry shall revoke the Decree,
If the reasons for their determination.
section 26
Proposal for the establishment of natural healing Spa
(1) the proposal for the establishment of natural healing Spa provides
and data from the land registry) on plots and data on other
properties, which define the territory of the Spa,
(b)) expert opinion about the State of the environment,
c) details of the natural medicinal resources proposed for use in
natural healing Spa, natural healing Spa
using climatic conditions conducive to healing detailed description
bioclimatic conditions and expert opinion about the healing effects of the
weather conditions on human health and on their usefulness for
climatic spa treatment,
(d) health and) details of other devices and objects needed to
provision of Spa care,
e) indicating the focus of natural healing Spa following the
the character used in natural resources and climate
conditions favourable for healing including justification indicating focus,
(f) the draft statute of the Spa space) (section 28 (3)), if it's
the Ministry may request.
(2) the Ministry shall discuss the proposal for the establishment of natural healing Spa
the administrative authorities concerned, in accordance with special regulations and with
municipalities in whose territory to be natural health spa.
The administrative authorities and the municipality are required to communicate its opinion within 60 days from the
date of receipt of the communication of the opinion of the challenges. If, within that period of their
the opinion of the Ministry, it is considered that the draft do not have
the comments.
section 27 of the
Climatic conditions natural healing Spa
Health services providers, who provide the spa treatment, are
obliged to continuously carried out on the basis of climatic measurements every 5
years to submit a status report to the Department of climatic conditions at the site
natural healing Spa. In the case of natural healing Spa
using climatic conditions favourable for healing message must
include the assessment of additional usability of these terms for
climatic spa treatment. If it is in the natural healing Spa
multiple providers of health services, who provide the spa treatment,
they may agree to submit a joint report.
section 28
The conditions for the establishment of the Spa places
(1) in the Spa you can specify all or part of the territory of the municipality or
the territory of several communes, or parts thereof, which are natural
medical spas. The protection mode of the Spa places determine the status of the Spa
space.
(2) Spa and the Spa status of the place determined by the Government Regulation.
The spa and the Statute of the Spa places the Government cancels, if
the reasons for the determination of the Spa places under this Act ceased to exist.
(3) the Statute shall define, in particular, a spa inside and outside the territory of the Spa
space, and in order to protect and maintain the treatment regimen, or
create a Spa environment provides
and restrictions related to construction) and the development of the Spa places
b) activities in place restricting or prohibiting,
c) devices that are not set up in it.
(4) the municipality in whose territory it has been established the Spa, are required to
ensure compliance with the measures imposed in the Spa place Spa
the Statute; to this end, they shall set up under special legislation
Spa Commission. ^ 3)
section 29
Proposal for the establishment of the Spa places
Proposal for the establishment of the Spa places and the draft statute of the Spa places
serves the Ministry of municipality or jointly by several municipalities in whose territorial
the perimeter are to be set out or natural health spa. The proposal for the
determination of the Spa space must contain information about natural healing
the Spa, their natural medicinal resources or climate conditions
favourable for healing, information on the State of the environment and conditions for the
the use of natural healing Spa facilities and conditions for their
the development of. Draft statute of the Spa places must include the requirements of the
§ 28 para. 3.
section 30
Inside the territory of the Spa places, borders the Spa space
(1) the internal territory of Spa space includes a comprehensive part of the territory in which the
is a device used for spa operation immediately.
(2) the internal Boundaries of the territory of the spa locations are marked, in particular, on the
access roads. The boundaries of the Spa space is marked only in
strictly necessary cases.
(3) the designation of the border referred to in paragraph 2 carried out on their costs.
(4) the land registry office records the inner territory of the spa locations in the land
real estate by graphics and documents submitted by the
the Ministry. The internal boundaries of the territory of the Spa space and boundaries
the Spa space shall be indicated in the planning documentation.
section 31
The name of the Spa places and used the designation "Spa" in the name of the village
(1) the spa to mark the name of the commune, on whose territory they were natural
Health Spa established first. If you were a natural health spa
established on the territory of several communes at the same time, mark the place name
of the municipality in whose territory is situated the prevailing part of the natural healing
the Spa.
(2) in the name of the village can be the designation "Spa", only if it was on her
territory or part provided for the Spa. If it was a spa
place established on the territory of several communes, the designation "Spa" in the name of the
the village, whose name is used in the marking of the Spa places. When you tween
the name of the village of designation "Spa" or the deletion of that term, if
natural health spa have been cancelled, proceed according to the specific
legislation. ^ 19)
TITLE VII
OBLIGATIONS OF OWNERS OF REAL ESTATE, RESTRICTIONS OF OWNERSHIP RIGHTS, COMPENSATION
INJURY
§ 32
Obligations of property owners
Owners are obliged to
and) allow the persons referred to in section 39 entry on land, buildings and
objects that are not real estate, in order to obtain the information referred to in
of this Act, unless a special law provides otherwise, ^ 20)
(b)) to tolerate on their real estate brands endowed placement
the boundaries of the protection zones, the spa and the internal space of the territory of the Spa
space. When placing the tag must be the most investigated the real estate and
the rights of their owners.
§ 33
Restriction of property rights
(1) the proprietary rights to real estate can be restricted or real estate can be
expropriate only in the public interest. The public interest for these purposes
means the interest in search and recovery resources for medicinal purposes and an interest in
on protection of sources in order to maintain their quality and
quantitative characteristics and health certificate.
(2) if the owner of the property prevents
and the search for natural resources), the ownership of the
property limit
(b) the use of or protection) natural resources and protect resources
natural mineral water can be used to limit or property ownership rights
expropriate.
(3) the procedure for expropriation carried out on the basis of a request of the Ministry, and
compensation for expropriation in its decision the competent
expropriation authority under special legislation. ^ 6)
§ 34
Compensation
(1) the owners of the property and injury to persons as a result of
limitations of the current use of the property or their existing
activities in connection with the operations under this Act, shall be
the financial compensation for this injury, which is obliged to pay the user source.
If not specified, the user will provide the financial resources to pay the
by the Ministry.
(2) If no agreement on compensation, the Court decides on the compensation.
TITLE VIII
THE PERFORMANCE OF STATE ADMINISTRATION IN AFFAIRS, NATURAL RESOURCES, HEALTH SPAS AND
SPA RESORTS
§ 35
(1) the Ministry is a central authority of State administration for search,
protection, use and further development of the resources, natural healing Spa and
Spa Resorts and for the exercise of supervision.
(2) the Ministry of
a) supervisor ^ 21) compliance with the measures laid down by this
the law and the obligations under this law, and also over the activities of
vodoprávního of the authority under this Act,
(b)) provides for the purpose of certification requirements and the use of natural
medical sources, sources of natural mineral waters,
climatic conditions favourable for healing, natural healing
bath, spa towns and the establishment of protection zones,
c) issuing certificates for natural mineral water from sources that
certificate has been issued under this Act, and for the needs assessment
these waters outside the territory of the Czech Republic, and certificates for natural
mineral water from sources outside the territory of the Czech Republic for the needs of their
imports, if an international agreement provides otherwise,
d) manages information system, especially the registry of natural healing
resources, natural mineral water resources, users of these resources,
the protection of sources, the registration of other sources of mineral waters,
the registry of natural health spas and spa resorts,
(e) the cadastral Office) submit to the graphic and written documents ^ 18) for
needs evidence of protection degree and inner territory
Spa locations
(f)) further development resolves the conceptually natural medicinal resources, resources
natural mineral waters and natural healing Spa,
g) establishes as a contributory organization reference laboratory of natural
medical sources (§ 40).
(3) the Building Authority shall exercise supervision over compliance with the ^ 21) measures referred to in
This law and obligations under this Act, in the context of the
the source of natural mineral water, which is mineral water with the proceeds
dissolved solids content of less than 1 g/l or dissolved
carbon dioxide, less than 1 g/l (hereinafter referred to as "neuhličitá water"), and
whose protection do not overlap with other trade zones
sources of good practice under this Act.
section 36
(1) the Ministry for the purposes of the export of natural mineral water from sources
best under this Act shall, on the basis of the exporter's
the certificate, which for the purposes of exports to the European Union Member States
confirms that it meets the requirements of the legislation
The European Community imposed on the natural mineral water shall, where appropriate,
When you export to other countries, that the yield is natural mineral water.
(2) the Ministry may issue for the purposes of the importation of natural mineral water
on the basis of the request of the importer of natural mineral water that the certificate
the proceeds obtained from a source in a country that is not a Member State of the European
the Union is a natural mineral water, provided that the competent
authority of this country has recognized (proved) that the proceeds of natural mineral
water and that recognition (the certificate), it is evident that the water meets the
the requirements of European Community legislation relating to the proceeds
natural mineral water from the source.
(3) the Ministry shall issue the certificate referred to in paragraph 1 or 2 or a request
reject within 90 days from the date of receipt of the request. If the application does not contain the
sufficient information and documents necessary for the issue of this certificate,
return it to the Ministry to supplement. The period during which the exporter or importer
the following request, is not included in the period for issuance of the certificate.
The Ministry will issue the certificate referred to in paragraph 2, for a maximum period of 5 years.
The particulars of applications for certificates of the Ministry to lay down by Decree.
(4) a certificate issued under paragraph 1 or 2 does not apply to requirements
natural mineral water as defined by a specific legislative
legislation. ^ 4) paragraphs 1 and 2 are without prejudice to the competence of other organs of the United
of the Republic of
and) issue a certificate or other representation about the fact that natural mineral
water as a food ^ 1) meets the requirements of the legislation of the United
States or the European Community,
(b)) to suspend or prohibit the export or import of natural mineral water
as foods. ^ 1)
(5) paragraph 1 in the part concerning exports to Member States of the European
the Union shall cease to have effect on the date the Treaty of accession of the Czech
Republic to the European Union enters into force.
§ 37
A binding opinion on certain activities
(1) in the protection and in the territory of the Spa places is the Ministry of
for the acquisition of spatial development policy and territorial planning documentation
and in a territorial control ^ 22) the institution concerned.
(2) in the protection zone resources and on the territory of the Spa places, if further
unless otherwise specified, cannot be under special legislation ^ 23) without
a binding opinion of the Ministry of
and approve the plan of main river basins), the river basin district plans and development plans
water supply and sewerage systems,
(b)) to enable the mining activity or activities carried out by mining
in a way, if it is associated with the encroachment on the land,
(c)) for the authorization to perform blasting,
(d)) judgment on the land and issue land within
spare the restitution,
e) issue a permit to the handling of groundwater under the Special
^ law 23a),
(f)) to issue permission to load with surface waters, water permit
works and to certain activities and vodoprávním authority to grant consent if
is not related to the architecture referred to in paragraph 3 (b). (b)),
(g) approve the economic plans of the forest) and pass the forest economic outline.
(3) resources in the protection zone and on the territory of the Spa places, if further
unless otherwise specified, cannot be under a special legal regulation ^ 22) without
a binding opinion of the Ministry, if it was applied within the time limit
established by specific legislation, to issue a zoning, territorial
consent, building permit, the consent of the Building Authority with the declared
construction, occupancy, the decision to change the use of the building,
enable to remove the building, landscaping and facilities or regulation
removal of buildings, improvements and equipment for
and construction, changes to buildings), landscaping, equipment and maintenance of buildings in the
the inner territory of the Spa places and in a protection degree, with
the exception of the construction work, which keeps the outside of the ground plan and
high-rise buildings and at the border, there is no change in the use of
the construction work,
(b) the construction, changes to buildings), landscaping, equipment and maintenance of buildings in the
outside the territory of the Spa places and in the protection zone II. degrees, with
the exception of those that are in accordance with the spatial planning documentation and
that at the same time
1. do not require a decision on the location of the building or zoning approval,
2. do not require building permits or notification,
3. require the Declaration
4. have the character of buildings for housing, buildings for recreation, structures for
the collection of large numbers of people, buildings, buildings for business accommodation
equipment, construction of schools, preschool, school and sports
the device at the same time do not affect to a depth of more than 6 metres below the level of
the terrain,
5. have the character of linear structures and at the same time they do not intervene in depth
more than 2 m below the ground level,
c) construction for recreation and the establishment of a recreation area on the territory of the Spa
space.
(4) in the protection zones cannot be without binding opinions of the Ministry of
to carry out geological work associated with the encroachment on the land.
(5) the Building Authority in the protection of resources whose proceeds is
only neuhličitá water, exercises the competences laid down in paragraphs 2 to
4.
(6) in the protection and in the territory of the Spa places, binding
opinion of the Ministry in accordance with paragraph 2 (a). b), c), (e)), and (f)), and
paragraphs 3 and 4 shall not issue under this Act, if it is released
replaced by the procedure in proceedings for the issue of the integrated permit pursuant to
the law on integrated pollution prevention and control, on an integrated
registry of pollution and on amendments to certain acts (the Act on integrated
Prevention). The other provisions of this Act are not affected.
§ 38
The Ministry and the Building Authority may bind a binding opinion pursuant to section
37 on the fulfilment of the conditions intended to protect the interests set out in this
by law.
§ 39
Ministry staff permission and other authorised persons
(1) employees of the Department of execution of the tasks of surveillance of the credentials
compliance with measures in the use of resources, in the protection and the
the territory of the Spa places provided for under this Act and employees
vodoprávního credentials of the fulfilment of the tasks of the Authority supervision
measures in the use of resources, which is financed by the neuhličitá water, and in the
the protection of these resources, that do not overlap with the conservation
bands of other sources of good practice under this Act, shall be entitled to
and foreign) to enter into foreign lands, buildings and into foreign objects and
device with the knowledge of their owners or users, if it is not
subject to authorisation under special legislation, and performing
the necessary investigations, including sampling,
(b) request the data and documents) necessary for the exercise of supervision,
(c)) order the defects are not corrected.
(2) the Permission under paragraph 1 (b). and employees also have Reference)
Laboratory of natural medicinal resources in the exercise of activities in accordance with section 40
paragraph. 1 (b). a) and b) and para. 2 (a). a), c) and (e)) and the persons in charge
Department of search and exploration of naturally occurring
sources of mineral water, gases and peloids use.
(3) the Employees of the Ministry and the persons referred to in paragraph 2 shall exercise
their permission to demonstrate authority issued by Ministry staff
vodoprávního the Office permission granted by that authority.
(4) in the exercise of the permission referred to in paragraphs 1 and 2 shall be the most
investigated the land, buildings, objects and installations, and the rights of their respective owners,
tenants, or administrators.
TITLE IX OF THE
THE REFERENCE LABORATORY OF THE NATURAL MEDICINAL RESOURCES
section 40
(1) the reference laboratory of the natural medicinal resources secures the
and the bases for issue of the certificate) about the source,
(b)) quality control and stability of the used resources, including checks
the proceeds from these sources, quality and handling [section 16 (1) (a).
(e))]
(c) counselling and consultancy) in the area of resources.
(2) the reference laboratory of the natural medicinal resources on
and the effects of anthropogenic activities) tracks on natural resources and
works in the detection of the causes and consequences of emergency
the situation in the protection of resources,
(b)) keeps track of new knowledge and the knowledge of the field, develops independently develops and
introducing new working methods,
(c) play a role in securing professional) good laboratory practice
workers in charge of an interim source user quality control
resources,
(d)) performs on-demand for more specialized tasks in the scope of its competence,
(e) shall carry out the additional tasks of) credentials of the Ministry.
TITLE X
The FINE
§ 41
(1) the Ministry may impose a fine of up to 5 0000 0000 Czk to the person who
and fails to comply with the notification requirement) section 8,
(b)) without the permission of the Ministry of resource uses, or uses it in contradiction with the
This permit, the
(c) fails to comply with the obligation of the user resources),
(d) fails to comply with the obligation laid down) the provider of health services
providing Spa care referred to in section 27,
e) carries out activities prohibited in the protection zone resources
f) carries out activities prohibited in the Spa site
g) will not allow the exercise of supervision over compliance with the measures in the protection zone
resources or on the territory of the Spa places
h) makes it difficult to search and exploration of the naturally occurring mineral
water, gas, or peloidu,
I) does not remove the deficiencies within a specified time, which was
by the Department or by a person authorised under section 39 is prompted.
(2) the Building Authority may impose a fine of up to Czk 3 0000 0000,
who
and the obligation to fulfil the user's resources), whose contribution is neuhličitá
water,
(b) carries out activities prohibited by) the protection zone of the source referred to in
(a)),
(c)) will not allow the exercise of supervision over compliance with the measures in the protection zone
the resources referred to in point (a)),
(d)) does not remove the deficiencies within a specified time, which was
vodoprávním Office under section 39 is prompted.
(3) on an appeal against a decision imposing a fine vodoprávního Office
referred to in paragraph 2 shall be decided by the Ministry.
(4) the municipality may, by a fine of up to 100 000
CZK legal entity or natural person authorized to conduct business, which
intentionally destroy, damage, improperly repositions or removes the tag, or
a table in the field indicates the boundaries of the protection zone of the source or
the territory of the Spa places.
(5) in determining the amount of the fine takes account of the Ministry, the Building Authority and the
the village to the gravity of the infringement, the extent of the threat resources
environment of natural healing Spa, as well as the extent of the harmful
the consequences, if they occurred.
(6) the fine is due within 30 days from the date of acquisition of legal power
decision imposing a fine.
(7) the proceeds from the fines imposed in the first instance by the authority of the village's income
the village; the proceeds of fines imposed by the Ministry or the authority is vodoprávním
State budget revenue.
(8) the procedure for the imposition of fines can be initiated within 1 year from the date of the
authority for the imposition of a fine became aware of the fact that the legal person
or a natural person authorized to do business or violated has not fulfilled
obligation, but not later than within 3 years from the date on which the infringement of the obligation
has occurred or when the obligation should be fulfilled.
(9) if the infringement referred to in paragraph 1 shall confer a factual
the nature of the infringement, under another law ^ 6), and
competent administrative authority under another law proceedings
the fine has launched the Building Authority, Ministry or management of the deposit
the fine initiated under this Act to a stop.
(10) the fine imposed and collected under this Act enforced by the authority that
the fine imposed.
TITLE XI
COMMON, TRANSITIONAL AND FINAL PROVISIONS
§ 42
The Ministry may issue interim measures decision to protect
natural sources of mineral water, peloids use and gas or to protect
natural healing Spa before the emergence of any damages, and that at the time of
before issuing a certificate referred to in section 5 or before the determination of the Statute
the Spa space. Interim measures can only be issued for an absolutely
necessary to ensure the protection, for a maximum period of 2 years.
§ 43
The relationship of the Act to certain other laws
(1) The proceeds, which is a mineral water from natural sources,
If the properties of the proceeds allow its use as a food item to
the production of packaged natural mineral waters are subject to a special legal
regulations, ^ 4) unless this Act provides otherwise.
(2) The procedure provided for in this Act shall apply administrative code, ^ 25)
unless otherwise provided by this Act. The administrative code shall not apply to the procedure
referred to in § 18 para. 2 and 3. The opinions of the applied to the politics of land use
development and territorial planning documentation is not an administrative decision.
Consents and the opinions issued under this act as a basis for
the decision by a special legal regulation or zoning approval or
the announcement of the building are a binding opinion under the administrative code ^ 25a) and
There are separate decisions in administrative proceedings.
(3) if the specific legislation ^ 17) provides that the decision of the
with regard to the interests protected by it is possible to issue only in agreement with the
administrative authority concerned, or, if necessary, issue special
a preliminary opinion on the law, permit or consent are not
such provisions of the special legal provisions of this law.
(4) this Act does not apply to mineral water, gases and peloidy
located on land intended for the defense of the State, under a special
legislation, ^ 26), except those which are located on the grounds of
military of incoherence, and on land in the cadastral territory of Kyselka
at the settlement.
(5) the decision on the regulation to eliminate defects according to § 39 para. 1 (b).
(c)) shall be issued if it was to remedy the environmental damage to natural
medicinal resources, and natural mineral water resources released
the decision to impose remedial measures under the Act on the prevention of
organic injury and about its axle, and amending some laws ^ 26a).
Initiated proceedings for a regulation to remove the defects according to § 39 para. 1 (b).
(c)), if the Ministry interrupts to remedy environmental damage to
natural healing sources or the sources of natural mineral water
proceedings for the imposition of corrective measures pursuant to the Act on
Prevention of environmental harm and its remedy and amending certain
^ laws 26a).
Transitional provisions
§ 44
(1) the natural medicinal resources, sources of natural mineral water table,
natural health spa and Spa places declared under the previously applicable
the legislation shall be considered as natural medicinal resources, resources
natural mineral water, natural health spa and spa locations
proven or established pursuant to this Act.
(2) the protection and the protection of natural healing
resources and sources of natural mineral waters of table provided for under
the existing legislation shall be deemed the protection provided for
under this Act, that the protection resources II. and (III). the degree of
shall be construed as a protection zone II. degrees pursuant to § 23 para. 2.
(3) the statutes of the Spa places, Spa and provisional measures to protect the
Spa Resorts, issued according to the existing legislation shall be considered as
for the spa and the Spa space statutes issued pursuant to this Act.
(4) a previously issued permissions to use and to the temporary use of, where appropriate,
temporary management of natural resources or the source natural
mineral water granted in connection with the Declaration of the provisional
the protective measures shall be construed as authorization to the use of resources by
This law, if the holder of the authorization within 2 years from the date of entry into force of
This law meets the conditions laid down for authorisation to use the
resources under this Act. If the conditions laid down in the authorisation in accordance with
first sentence do not match the conditions and obligations laid down for the protection and
use of resources by this Act, the Ministry of the authorization of these terms and
the obligation to make up, and within 6 months from the date of entry into force of this
the law.
(5) medical devices providing Spa care ^ 2) shall submit to the
the Ministry of the first report on the climate conditions under section 27 to 1
year from the date of entry into force of this Act.
(6) the protective conditions of particularly protected areas according to specific
^ Law 27) are not affected by this Act.
(7) the present names of communes or parts of natural healing Spa
and spa resorts of this law shall remain unaffected.
§ 45
(1) If a natural person acting as balneotechnika
log on to the test of professional competence under this Act
not later than 3 months from the date of entry into force of the Decree of the Ministry of
issued pursuant to § 46 para. 1 (b). I) and test performed by 1
year from the date of entry into force of this order, is not entitled to this function
perform.
(2) the Department may issue a certificate of professional competence, without
tests to individuals with a university degree set out in § 19
paragraph. 3 (b). and), which the effective date of this Act, have at least 10
years of experience in the field of use and protection of resources.
§ 46
Powers of execution
(1) the Ministry shall issue a decree
and) the manner and scope of the evaluation of the natural healing sources and resources
natural mineral waters (§ 3 (1)),
(b)) allowed adjustments to yields of the natural resources referred to in § 3 (1). 1,
(c)) method of raising, transport and storage of the proceeds (section 3 (1)),
(d) the professional judgement about) the details of the usability of natural healing
resources and climatic conditions for therapeutic purposes [section 6, paragraph 2 (b), (d))
and § 26 para. 1 (b). (c))],
(e) the expert assessment of) the details of the usability of natural mineral
water to produce packaged natural mineral waters [§ 6, paragraph 2, point (a).
(d))],
(f) the information is affixed on the packaging) of the proceeds from natural resources [§
Article 16(1). 1 (b). k)]
g) requirements on the environment and facilities of natural healing Spa
(article 25, paragraph 1),
h) the details the professional judgement on the State of the natural environment
health spas [section 26 (1) (b))],
I) formation and composition of the Commission, the scope of the test, the test method
competence balneotechnika and details of its organization (section
19 para. 4).
(2) the Ministry may lay down by Decree the particulars of applications for
certificates (§ 36 para. 3).
(3) the Ministry shall issue a decree further
and natural health spa) (article 25 (3)),
(b)), the protection of natural healing resources and natural resources
mineral waters, including the establishment of specific protective measures (paragraph 21 of the
paragraph. 1 and 3, § 22 para. 5, § 23 para. 3 and § 24 para. 2 and 3).
(4) the Government regulation of fee proceeds from
natural mineral water sources (section 20 (2)).
§ 47
Regulation (EEC)
Statutory measures shall be repealed with no 113/1964 Coll. on the surcharges on Spa
care.
PART TWO
Amendment to the Trade Licensing Act
§ 48
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.
308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 100/2001 Coll. and Act No 120/2001, is amended
as follows:
1. in annex No. 2 TRADE Group 214-BOUND: the others, the following
item:
+-------------------------------+----------------------------------+-----------------------------------------+
| "1 | 2 | 3 |
+-------------------------------+----------------------------------+-----------------------------------------+
| Professional supervision over the use of ' | ' certificate of professional competence | § 19 zákonač. 164/2001 Coll., on natural |
protection of natural medicinal | and |, issued by the Ministry of health medicinal resources, resources | natural |
resources and natural resources ' | ' | | minerálníchvod, natural healing |
|-balneotechnik mineral water | spas and Spa | and amending |
| | | to certain related laws |
| | | (the Spa Act) ". |
+-------------------------------+----------------------------------+-----------------------------------------+
2. in annex No. 3 FRANCHISED BUSINESSES in the Group 315: medical
resources, the text in column 2 is added:
"a college education or training in secondary schools
qualification and terminated at higher vocational schools
the discharge or demonstrable practical experience with the sale of
medical devices; the lessons learned by the manufacturer by a competent medical
resource for the activities listed in column 1 ".
PART THREE
Changing the law infractions
§ 49
Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,
Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993 Coll.
Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 83/1995 Coll.
Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No. 289/1995 Coll.
Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.
Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.
Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.
Act No. 366/2000 Coll. and Constitutional Court No. 52/2001, is amended
as follows:
1. in section 29 para. 1, point (c)) shall be deleted.
Subparagraph (d)) to) shall become point (c)) to (j)).
2. under section 29 shall be added to § 29a, including title and notes
line # 3 h) is added:
"§ 29a
Offences in the field of search, the protection, use and further development of the
natural medicinal resources, resources, natural mineral waters and
Spa Resorts
(1) an offence under this Act is committed by the person who
and fails to meet the restriction or prohibition) on the protection of natural healing
resources, resources, natural mineral water, natural healing spa or
Spa locations
(b) fails to comply with the notification obligation) under a special legal regulation, ^ 3 h)
(c) carries out activities prohibited by) the protection zone of a natural healing
resources and sources of natural mineral waters,
(d) carries on the activity prohibited in) inner territory of the Spa places
e) intentionally destroys or damages or improperly repositions or removes the
tag marked by borders or fences of natural protection zone
source, the source of natural mineral waters or the territory of the Spa
space,
(f)) makes it difficult to carry out the tasks supervision measures in the territory of
Spa locations
g) makes it difficult to carry out the tasks during the search and survey of natural
naturally occurring sources of mineral water, gases and peloids use surveillance
compliance with the measures in the protection zone of the natural medicinal resources and
natural sources of mineral water.
(2) the offences referred to in paragraph 1 may be imposed a fine up to $ 50,000.
3 h) section 8 of Act No. 164/2001 Coll., on the natural medicinal resources,
natural mineral water sources, natural healing Spa and
Spa and amending certain related laws (Spa
the law). ".
3. In paragraph 53, the dot at the end of paragraph 1 is replaced by a comma and the following
words:
"and in the search for offenses, protection, use and further development of the
natural medicinal resources, resources, natural mineral waters and
Spa places. ".
PART FOUR
cancelled
§ 50
cancelled
PART FIVE
The EFFECTIVENESS of the
§ 51
This Act shall take effect March 31. day after the date of its publication.
Klaus r.
Havel, v. r.
Zeman in r.
1) Act No. 110/1997 Coll. on foodstuffs and tobacco products and
amendments to some related laws, as amended
regulations.
2) Law No. 372/2007 Coll., on health services and their provision
(Act on health services).
3) Act No. 128/2000 Coll., on municipalities (municipal establishment).
4) for example, Act No. 110/1997 Coll., as amended,
Decree No. 292/1997 Coll., on the requirements of the health
bottled water and how to edit them, as amended.
5) Decree No 184/1997 Coll., on ensuring radiation
the protection.
6) Law No 184/2006 Coll., the withdrawal or restriction of ownership rights to
of the land or the building (law on expropriation).
7) Decree No. 121/1989 Coll., on the design, implementation and evaluation
geological work, the granting of authorisations and the professional competence to
their performance, as amended by Act No. 549/1991.
8) Decree No. 64/1975 Coll., on the obligations of organizations report
detection of groundwater and to communicate information about their subscriptions.
9) Decree No 412/1992 Coll., on the certificate of professional competence
design, implement and evaluate the geological work.
10) § 32 para. 1 (b). (b)) Act No. 50/1976 Coll., as amended by Act No.
83/1998 Coll.
section 5 of Decree No. 134/1998 Coll., which implements certain provisions of
the building Act.
11) Act No. 244/1992 Coll., on the assessment of the effects of developing concepts and
programmes on the environment, as amended.
12) § 57 and 58 of Act No. 455/1991 Coll., on trades
(Trade Act), as amended.
13) § 13 and 14 of Act No. 455/1991 Coll., as amended.
14) Act No. 111/1998 Coll., on universities and amending and supplementing
other laws (law on higher education), as amended by Act No. 211/2000
SB.
15) Act No. 29/1984 Coll. on the system of elementary schools, secondary schools and
higher vocational schools (the Education Act), as amended.
16) Decree No. 340/1992 Coll., on the requirements for the qualification and the professional
eligibility and verification of the technical competence of workers to the mining
activities and activities carried out using mining techniques and amending certain
regulations issued by the Czech Mining Authority to ensure the safety and
occupational health and safety in mining activities and
activities carried out using mining techniques, as amended by Decree No. 244/1998
SB.
17 for example, Act No.) 50/1976 Coll., as amended, the law
No 289/1995 Coll., on forests, and amending and supplementing certain laws (forest
Act), as subsequently amended, Act No. 114/1992 Coll., on the protection of
nature and the countryside, as subsequently amended, Act No. 337/1992 Coll.,
on the protection of agricultural land resources, as amended,
Act No. 44/1988 Coll., on the protection and utilization of mineral resources (upper
Act), as subsequently amended, Act No. 114/1995 Coll., on
inland waterway, as amended by Act No. 359/1999 Coll.
18) section 27 para. 2 Decree No 190/1996 Coll., implementing Act No.
265/1992 Coll. on ownership and other real rights to
real estate law, as amended by Act No. 210/1993 Coll. and Act No. 90/1996 Coll.,
and Act No. 344/1992 Coll., on the land register of the Czech Republic
(Act), as amended by law No. 89/1996 Coll.
19) section 27 para. 1 Act No. 128/2000 Coll.
for example, law No 20) 62/1988 Coll., on geological works, as amended by
amended.
21) Act No. 553/1991 Coll. on State control, as amended
regulations.
22) Act No. 183/2006 Coll., on zoning and the building code
(the building Act).
23) for example Act No 288/1995 Coll., on forests, and amending and supplementing
Some laws (forest law), as amended, law No.
44/1988 Coll., on the protection and utilization of mineral resources (upper)
as amended, Act No. 61/1988 Coll. on mining activities,
explosives and the State Mining Administration, as amended,
Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water
Act), as amended.
23A) § 8 to 13 of the Act No. 254/2001 Coll. on waters, as amended
regulations.
25) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
amended.
§ 149 paragraph 25A). 1 Act No. 500/2004 Coll., the administrative code.
26) Act No. 222/1999 Coll., on ensuring the defence of the Czech Republic.
26A) Act No. 167/2008 Coll. on prevention of environmental harm and
correcting and amending certain laws.
27), for example, Act No. 114/1992 Coll., as amended.