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Amendment Of The Act On The Protection Of Agricultural Land Resources

Original Language Title: změna zákona o ochraně zemědělského půdního fondu

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184/2016 Sb.



LAW



of 24 July 2003. may 2016,



amending Act No. 334/1992 Coll., on the protection of agricultural land

the Fund, as amended



Parliament has passed the following Act of the United States:



Article. (I)



Amendment of the Act on the protection of agricultural land resources



Act 334/1992 Coll., on the protection of agricultural land resources, as amended by

Act No. 10/1993 Coll., Act No. 98/1999 Coll., Act No. 132/2000 Coll.

Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act No. 444/2005 Coll.

Act No. 186/2006 Coll., Act No. 222/2006 Coll., Act No. 167/2008 Coll.

Act No. 9/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.

Act No. 402/2010 Coll., Act No. 375/2011 Coll., Act No. 503/2012 Coll.

Act No. 64/2014 Coll. and Act No. 41/2015 Coll., is amended as follows:



1. In article 3, paragraph 3. 1, letter a) is added:



"and the cause of pollution of agricultural land) crossing of the indicator

values. With indicator values means the contents of hazardous substances or

risk elements in agricultural soil, in which experiencing

threat to the health of food or feed, a direct threat to

health of humans or of animals in contact with the soil and the negative impact on

production function of agricultural land, laid down the implementing

Regulation; the pollution of agricultural land shall not use

substances and preparations on agricultural land in conformity with the particular legal

^ 28), regulation ".



2. In article 3, paragraph 3. 3, the text "on agricultural land, where it was found

exceeding the indicator values, it is prohibited to use fertilisers or

products that contain the substance, or risk the risk element, for which the

to exceed the indicator values has occurred; with indicator values means

the contents of hazardous substances or hazardous elements in agricultural soil, when

which occurs in a risk to food safety

or feed, a direct threat to the health of people or animals in contact with the

the soil and the negative impact on production function of agricultural land,

laid down by the implementing regulation. "is replaced by the text" Preventive

values represent the upper limit of the contents of hazardous substances and risk

the elements of the set by the implementing regulation. ".



3. In Article 3b, paragraph 4 reads:



"(4) the protection of agricultural land resources Authorities sent information

related to the detention of agricultural land from the agricultural land resources,

including details of levies for the withdrawal in the register of the withdrawal of agricultural land

led by the Ministry of the environment, through the designated

electronic applications in the electronic form provided for

The Ministry of the environment. Details of the decisions to consent to

detention and the decision about contributions to be sent within 30 calendar days

of the effective date of the decision, the decision of which

the basis is the acceptance of the withdrawal, within 7 months from the date of acquisition of legal power

This decision ".



4. In section 4, paragraph 4. 4, the word "destination" shall be replaced by "utilization".



5. § 5, paragraph 3, including footnote No 7 is deleted.



6. In article 7 (2). 1 the words "territorial decision requiring consent under

Article 9 "are replaced by the words" pursuant to the building Act intention to permit that

requires consent pursuant to section 9, ".



7. in section 7 paragraph 2 reads as follows:



"(2) Alternative location shall be drawn up whenever it comes to the location of the building

outside built-up areas, except where the location of the building in accordance with the

spatial development policy in force or applicable in the zoning plan. ".



8. In article 7 (2). 3 the words "infrastructure, national and

waterways and their components "shall be replaced by" road

^ 10), national railways ^ 11) and waterways and their components ^ 12) ".



9. In paragraph 7 (2). 4 the part of the sentence after the semicolon including semicolon shall be deleted.



10. In paragraph 7 (2). 5 (b)) shall be deleted.



Subparagraph (c)) and (d)) shall become point (b)), and (c)).



11. in § 9 para. 2 (a). and (2) the words of) "the construction of housing or"

shall be deleted.



12. in § 9 para. 2 (a). (c)), after the words "natural recovery"

the words "and the nature of loved ones".



13. in paragraph 9, at the end of paragraph 2, the period is replaced by a comma and the following

the letter e) including footnote # 38:



"e) store solid manure on agricultural land, before they

using ^ 38).



38) § 6 para. 1 of Decree No. 377/2013 Coll. on storage and how to

the use of fertilizers. "



14. in § 9 para. 6 at the end of the letter k) dot is replaced by a comma and

the following point l) is added:



"l) representation according to § 7 (2). 4, if it is about the intention of the routes above-ground and

the underground lines, the infrastructure, the national railways and water

paths and their components. ".



15. In article 11 (1) 3, the words "may the first decision" shall be replaced by

"the effectiveness of the first authorisation of the Act".



16. in paragraph 11 (1) 4 (b). a), the words "within 1 year from the date of its expiration"

replaced by the words "within 6 months from the date of acquisition of legal power."



17. in paragraph 11 (1) 6, the following sentence "the validity of the decision on the contributions

issued by the original debtor shall cease on the same date as payment obligation

the original debtor; the obligation to pay any outstanding balance is not

prejudice. ".



18. in section 11a. 1 (b). (b)), the words "of the infrastructure in the

owned ^ 35) "shall be replaced by" motorways, roads and local

^ communications 35) ".



Footnote # 35:



"35) Act 13/1997 Coll. on road traffic, as amended by

amended. ".



19. in section 11a. 1 letter):



"to) guarantee the interests of nature conservation and landscape by converting the land to

type of land



1. the other area is way to use barren land or waterlogged,

area, or



2. water area uses waterlogged area or pond,

or ".



20. in section 11a. 1 the letter l) to (p)), which read as follows:



"l) registered a significant landscape element or temporarily protected

surface by modifying the consent referred to in section 10, paragraph 1. 2,



m) change in kind land the kind of land forest land with the way

use of the land designated for the performance of functions of the forest, with the exception of the soil in the I and II.

class of protection



n) water tank,



about to leave melioracím) structures, irrigation and drainage

land,



p) implementation of the elements of the approved plans, in the context of common facilities

the measures referred to in subparagraphs (d), (e))) and i) and measures for the protection of

and the creation of the environment. ".



21. In article 11B(2). 4, the following sentence "the same date shall cease the validity

decisions on contributions for temporary withdrawal; the obligation to pay any

your outstanding balance is not affected. "



22. in paragraph 15 (b). k), the words "in accordance with § 11 para. 2 about "the words

"contributions".



23. in section 20 (2). 1 letter f) is added:



"f) contrary to section 3 (2). 3 it's the modified sludges or sediments on

farmland, which has exceeded the value of prevention ".



24. in section 20 (2). 1 (b). I), the words "in accordance with § 10 paragraph 1. 2 "are replaced by

the words "in accordance with § 10 paragraph 1. 1. "



25. in section 20a para. 1 letter f) is added:



"f) contrary to section 3 (2). 3 it's the modified sludges or sediments on

farmland, which has exceeded the value of prevention ".



26. in section 20a para. 1 (b). I), the words "in accordance with § 10 paragraph 1. 2 "are replaced by

the words "in accordance with § 10 paragraph 1. 1. "



27. in section 21 para. 1, first sentence, the words "whose binding components should

otherwise consent, or if he does not permit this form of decision "

shall be deleted.



28. in paragraph 21, the following paragraph 3 is added:



"(3) the opinions issued under this act as a basis for

decisions or other acts in accordance with the building Act are binding

the opinion by the administrative code and is not a separate decision in

administrative procedure. ".



29. in part B of the annex to the law in the Group of factors (B), the words

"groundwater and surface ' shall be deleted.



30. In the annex, part D, section 2, including footnote No. 39:



"2. If the withdrawal of land from the agricultural land resources

adversely affected by any one of the environmental factors listed

in part B, and in turn determines the appropriate ecological scale

This influence. In the cases that will be influenced by multiple factors of

environment, the highest designated ecological balance of influence. The ecological

the influence of weight shall not apply in the calculation of charges for agricultural land are removed from

from the agricultural land resources on the areas



and) production and storage designed for this purpose by the principles of the territorial

the development of or issued by the plan that were approved on or before 31 December 2004.

December 2014, and to this day are valid,



(b)), intended to support a balanced and dynamic economic development

the State, which according to the law on investment incentives in the proposal approved

The Ministry of industry and trade of the Government of the ^ 39), or



c) houses, including associated structures placed on one

building land, if it is a natural person and its promoter family house has

serve the housing need of the Builder.



The third sentence shall not apply to the area required for the location of the buildings for the

storage of non-substantive intent of investment in production.



39) section 1b of the Act No. 72/2000 Coll., on investment incentives and amending

Some laws (law on investment incentives), as amended by Act No.

84/2015 Sb. ".



Article II



Transitional provision



The consent of a detention order under section 9 is not necessary, if the proceedings


regarding the House placed in a built-up area in the vacant space on the

sizes of up to 0.5 ha [section 9 (2) (a)) point 2 of Act No. 334/1992 Coll.

in the version in force before the date of entry into force of this Act]

building code at the time of the effectiveness of Act No. 334/1992 Coll., as amended by

before the date of entry into force of this Act, and the relevant authorisation Act

to the date of entry into force of this Act has not come into legal effect.

If required the construction of a family house more of the acts referred to in

the building Act, the first of them.



Article. (III)



The effectiveness of the



This Act shall take effect on the 15th day following its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.