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Spa Law

Original Language Title: lázeňský zákon

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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.