Water Act

Original Language Title: vodní zákon

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51514&nr=254~2F2001~20Sb.&ft=txt

254/2001 Coll.


LAW
Dated June 28, 2001

On waters and amending some laws

(Water Act)

Change: 76/2002 Coll., 320/2002 Coll.

Change: 274/2003 Coll.

Change: 20/2004 Coll.

Change: 20/2004 Coll. (Part)

Change: 444/2005 Coll. (Part)

Change: 413/2005 Coll., 444/2005 Coll.

Change: 222/2006 Coll.

Change: 342/2006 Coll.

Change: 444/2005 Coll. (Part), 186/2006 Coll.

Change: 25/2008 Coll.

Change: 20/2004 Coll. (Part)

Change: 181/2008 Coll.

Change: 167/2008 Coll.

Change: 181/2008 Coll. (Part)

Change: 157/2009 Coll.

Change: 227/2009 Coll.

Change: 150/2010 Coll.

Change: 281/2009 Coll.

Change: 77/2011 Coll.

Change: 151/2011 Coll.

Change: 85/2012 Coll.

Change: 350/2012 Coll., 501/2012 Coll. (Part)

Change: 501/2012 Coll., 275/2013 Coll., 303/2013 Coll.

Change: 64/2014 Coll.

Change: 61/2014 Coll.

Change: 187/2014 Coll.

Change: 39/2015 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Law on Waters (Water Act)
TITLE
I
PRELIMINARY PROVISIONS


§ 1

The purpose and object of the Act

(1) The purpose of this Act is to protect surface water and groundwater, determine
conditions for economical use of water resources and to uphold
improve the quality of surface and groundwater, to create conditions for
reducing the adverse effects of floods and drought and ensure the safety
waterworks in accordance with European Community ^ 1).
The purpose of this Act is also to contribute to ensuring supply to the population
drinking water and protection of aquatic ecosystems and their
directly dependent terrestrial ecosystems.

(2) The law regulates legal relations to surface and groundwater, relationships
individuals and legal entities for the use of surface water and groundwater, as well as
relationships to land and buildings, with which the occurrence of such water directly || | relates, in order to ensure sustainable use of these waters, water works
safety and protection from the effects of floods and droughts. Within
relations governed by this Act takes into account the principle of recovery
costs of water services, including the related
environmental protection and resource costs, in accordance with
principle that the polluter pays .

§ 2


Definitions
(1) Surface water is water naturally occurring in the earth's surface
; do not lose this character, if the flow temporarily concealed
sections, natural cavities under the ground or above ground
lines.

(2) The underground waters are naturally occurring water beneath the earth's surface
in the saturation zone and in direct contact with rocks; for groundwater
they are also considered to be water flowing underground drainage systems and water
in wells.

(3) water body is defined by a significant concentration of surface water or groundwater
in a certain environment characterized
common form of their occurrence or the common properties of water and hydrological characteristics
mode. Water bodies are divided into surface water bodies and groundwater bodies
.

(4) Body of surface water is defined by the concentration of surface water
certain environments, such as the lake, the water tank in the bed of a watercourse
.

(5) Heavily modified water body is a surface water body which has
result of human activity is substantially changed in character.

(6) An artificial water body is a body of surface water created by human activity
.

(7) Body of groundwater designated concentration in groundwater
respective collector or collectors; collector means
rock layer or layers of rock with sufficient permeability to allow significant
continuous accumulation of groundwater or its flow or subscription.

(8) Water source is surface water or groundwater, which are
used or that may be used to satisfy human needs
especially for drinking purposes.

(9) management of surface water or groundwater is the impoundment
using water cannons, exploitation of its energy potential, their
use for navigation or to float timber for fish or aquatic
poultry, their consumption, wastewater discharge into them and others
ways that you can use their properties or to influence their
quantity, flow, occurrence or quality.


(10) Catchment area of ​​land from which all surface run-off flows through
watercourses and, possibly, lakes into the sea at a single river mouth, estuary or delta
watercourse.

(11) Sub-basin area of ​​land from which all surface run-off flows
network of rivers and possibly lakes to a particular point in a water stream
(normally a lake or a river confluence).

(12) hydrogeological region is an area with similar hydrogeological
conditions, type of aquifer and groundwater circulation.

§ 2

(1) Surface water status is the general expression
status of a body of surface water for ecological and chemical status, whichever
which is worse.

(2) groundwater status is the general expression of the status
body of groundwater, determined by quantitative or chemical status, whichever
which is worse.

(3) Ecological status is an expression of the quality of the structure and function of aquatic ecosystems
bound to surface waters.

(4) good surface water status is a condition
body of surface water, which is its ecological and chemical status are at least good
.

(5) good groundwater status is a condition
body of groundwater, which is the quantitative and chemical status are at least good
.

(6) Good surface water chemical status means the chemical status
necessary to achieve the objectives of protecting water as a component of the environment
(§ 23a), in which concentrations of pollutants do not exceed environmental quality standards
.

(7) Good groundwater chemical status means the chemical status
necessary to achieve the objectives of protecting water as a component of the environment
(§ 23a), in which concentrations of pollutants do not exceed environmental quality standards
.

(8) environmental quality standards means the concentration of pollutants
substances or groups of substances in water, sediment or biota
which must not be exceeded for reasons of protection of human health and environmental
environment.

(9) The quantitative status of groundwater is an expression of the extent
impacts on the groundwater direct and indirect abstractions.

§ 3

Rights to the waters of a legal nature water

(1) Surface and ground waters are not subject to ownership and not
part or accessory of the land on which or under which the
occur; rights to waters regulated by this Act.

(2) The surface and ground waters are not waters that were
these waters are removed.

(3) In case of doubt whether or not the surface or groundwater
decided by the water authority.

§ 4

(1) waters which are under special Act1) reserved minerals,
and natural medicinal resources and sources of natural mineral waters, on which
certificate has been issued under a special law, ^ 2), this Act
applies only if expressly so provides.

(2) Mining the water for the purposes of this Act shall be construed as surface water, or groundwater
and this law applies to them, unless a special law
^ 1) provides otherwise.
TITLE II


Water management
Part 1



Basic duties
§ 5

(1) Any person who manages surface water or groundwater, is obliged
ensure their protection and ensure their efficient and effective use
under the terms of this Act, and take care to avoid || | devaluation of their energy potential and other violations
public interests protected by special legislation. ^ 3)

(2) Any person who manages surface water or groundwater for manufacturing purposes
is obliged to fulfill the obligations under paragraph 1
perform in the production of an effective treatment, leading to efficient use of water resources and
reflecting the best available technology.

(3) During the construction ^ 4), or changes or changes in their use
builders are required by the nature and purpose of use of these buildings
is to ensure water supply and drainage, cleaning, or other disposal
waste water from them in accordance with this Act and ensure
infiltration and retention and drainage of surface water resulting
impact of atmospheric precipitation such works (hereinafter "rainwater")
in accordance with the building Act; 4) . Without the fulfillment of these conditions should not be allowed
construction, remodeling before completion, the building use

Not issued a decision on additional building permit or a decision on
change in use of the building.
Part 2


Use of surface water

§ 6

General use of surface water

(1) Any person may at their own risk without the consent or authorization of the water authority
remove surface water or otherwise dispose
for personal use unless necessary for this special technical equipment
.

(2) The consent or authorization of the water authority is also not necessary to capture surface water
simple facilities on individual
land and buildings or the alteration of natural runoff in order
protect them from the harmful effects of these waters.

(3) In general use of surface water will not jeopardize
quality or wholesomeness of water, disturb the natural environment
aggravate drainage conditions, damaging shorelines, water works and equipment
equipment for fish farming and violate the rights and legally protected interests of others.

(4) The water authority may be general use of surface water
decision or measure of a general nature, without reimbursement, restrict, or prohibit
, if required by the public interest, especially if it occurs when there
breach of duties under paragraph 3 or safety of persons
. The scope of other administrative authorities to establish the conditions for the use of these
bathing-5) is not affected by this Act.

§ 7

The use of surface waters for navigation

(1) The use of surface waters for navigation and water consumption needed for the operation of vessels
not require authorization of the water authority.

(2) Operators shall be obliged to equip them with the necessary equipment
to the accumulation of waste water and run them properly, if at their
use or operation of the waste water may occur, and are obliged
prevent leakage of waste water and harmful substances from vessels into waters
surface.

(3) port operators and special ships ^ 6)
intended to transport fuel and waste from vessels (hereinafter referred to as "utility boat")
are obliged to ensure supply vessels, fuel and operational materials and
sewage or harmful substances from vessels in ports or via
utility boat so that when the
avoid pollution of surface water or groundwater.

(4) pumping waste water or harmful substances from vessels and supply vessels
fuel or fuel operating outside ports
is prohibited unless their volume in each case more than 50 liters
or if these activities does not provide utility boat.

(5) surface water protection zones in degree I water
and tanks destined permit or water authority's decision
according to § 8. 1 point. a) point 4 or under the previous regulations
fish breeding cruise vessels with combustion engines is prohibited. Unless the traffic
important waterways ^ 7) is disabled on this cruise
water reservoirs and waterways, which the Ministry of Transport and Communications in
agreement with the Ministry of Environment in collaboration with
Ministry of agriculture decree. Surface water can be used for navigation
just so that when there is no threat to the interests of recreation, water quality and aquatic ecosystems
personnel safety and water works;
scope and conditions for the use of surface water for shipping the Ministry of Transport and Communications in
agreement with the Ministry of Environment in collaboration with the Ministry of Agriculture
decree.

(6) Prohibition of navigation in accordance with paragraph 5 shall apply to vessels
State Navigation Administration, Fire Brigade Czech Republic
Armed Forces of the Czech Republic, the Czech Police, municipal
police, customs Czech Republic and watercourse administrators if
are used for business purposes, as well as on vessels
used in connection with the construction, maintenance or operation of water works or other
structures on watercourses or land in them, craft persons | || performing duties under this Act or vessels used for
possible the necessary provision of health services or for flood protection.
Prohibition sailing under paragraph 5, with the exception of protective zones of water sources
first instance, apply to vessels of persons who have valid
permits for water use pursuant to § 8. 1 point. a) or Section 4
according to previous regulations, and in the management of tanks intended

Such decisions for fish farming.

(7) exemptions from the prohibitions and restrictions referred to in paragraph 5 shall be decided in individual cases
water authority, after consultation with the State Navigation Administration
.

(8) Compliance with the ban on sailing vessels with combustion engines
surface waters pursuant to paragraph 5, as well as control the use
surface waters for navigation with respect to the specified scope and conditions of their use carries
Czech Police Republic and the State Navigation Administration
.
Part 3


Permission, consent and express
Section 1

Enabling


§ 8

Permission for use of surface water or groundwater

(1) Permission for use of surface water or groundwater (hereinafter
'permission to use water') must

A) in the case of surface water and if it is not in fact a general handling

First to their collection,

Second their impounding or accumulation

Third to exploit their energy potential

Fourth the use of these waters for fish or waterfowl or
other aquatic animals, for business purposes,

Fifth to another treating them

B) in the case of groundwater

First to their collection,

Second their accumulation

Third to their use for the purpose of reducing their levels

Fourth the artificial enrichment of aquifers by surface water

Fifth to another treating them

C) the discharge of wastewater into surface water or groundwater

D) to pump surface water or groundwater and their subsequent
discharges into these waters in order to obtain thermal energy

E) for pumping polluted groundwater to reduce their
pollution and their subsequent discharge into this water or into
surface water, unless the activities authorized by the
under the Act on Mining , explosives and state mining administration
^ 7b)

F) the use of mine water as an alternative source under a special Act
^ 1).

(2) Permission for water use is issued to natural or legal persons
to their requests. Natural or legal person who has a valid
permits for water use under paragraph 1 or under the previous
amended (hereinafter the "authorized") is authorized to dispose of the water in
scope and purpose of the period specified in the applicable authorization.

(3) Permission for water use is not necessary

A) pumping tests in the implementation of hydrogeological exploration or exploration
yield of groundwater resources if they take less than 14 days
water withdrawal at this time does not exceed 1 l / s,

B) the abstraction of surface water and groundwater for detecting and evaluating the status of these waters
(§ 21)

C) for a single withdrawal of surface water or groundwater in cases
rescue operations during emergencies, fires and other natural disasters
,

D) the use of surface water during exercise and
intervention of the Fire Brigade of the Czech Republic and fire protection units, Police
Czech Republic, municipal police or Armed Forces of the Czech Republic;
Such use must be in the exercises discussed in advance with the water
Office

E) the use of the energy potential of underground water in case
no collection or pumping of groundwater

F) the use of mine water organizations in mining
for its own use or discharge of mine water organizations ^ 1).

(4) In case of doubt, whether the use of surface water or groundwater sources
and what kind of use of surface water or groundwater
waters is decided by the water authority.

§ 9

(1) Permission for water use is issued for a limited period of time. In
permits for water use down the purpose, scope, responsibilities and
or the conditions under which the license is issued. The basis
permit for dealing with groundwater is the expression of a person with
competence, if the water authority in exceptional cases
decides otherwise. ^ 8)

(2) permit to discharge wastewater can not be issued for more than 10 years
, in the case of wastewater discharge is particularly dangerous
substances or hazardous substances pursuant to Annex no. 1 for longer than || | 4 years.

(3) Enables If the water authority sampling of surface water or groundwater

Subject to charge (§ 88 and 101) for a period longer than one year, down
also the amount permitted annual subscription.

(4) Sampling of groundwater for the purpose of producing packaged infant or
spring water may be allowed when underground water source meets the requirements
quality of bottled spring water or infant under Decree
regulating the quality and health safety of bottled water and
manner of their treatment-8a); if it be groundwater under this ordinance
edit, consider the limits on its quality in the indicators in
where it can be edited as fulfilled.

(5) Permission for water use, which can be exercised only use
water work, it is possible to simultaneously issue a building permit for such
water work in joint management, if not the water
work already existing or permitted. In the case of issuing permits for water use
simultaneously with authorization to carry water project
statements of these permits interdependent; if it were referring
challenged both these decisions will be the first appeal proceedings
appeal against a permit for water use, the appellate procedure
concerning a building permit to carry water project, the
suspended pending the coming into force of the decision of the Board
administrative authority issued the appeal proceedings against a permit to handle
with water.

(6) Permission for water use for the use of its energy potential
not be issued for less than 30 years. The water authority
procedure according to § 12 para. 2 authorization period shall be extended by a period
laid down in an existing authorization, unless lawfully authorized
penalty for repeated violations of the obligations stipulated by this Act or by
him.

(7) Permission for water use for their impoundment, or
accumulation is issued for use waterworks that such
water management permits.

(8) When authorizing use of water for breeding fish or aquatic
poultry or other aquatic animals [§ 8 par. 1 point. a)
point 4 and 5] provides water authority in the permit conditions for the use of harmful substances
to feed the fish in cases other than those specified in § 39 par. 12
and treatment of surface water in the reservoirs destined for breeding fish.
In the event that the permits are laid down conditions for the use of hazardous
and extremely hazardous substances must be issued by
for a period longer than four years. On authorized to treat harmful substances in
range of conditions under the first sentence, does not apply § 39 par. 1 sentence
second.

(9) Permission for water use for artificial enrichment of groundwater resources
surface water may only be issued if the application
sources of surface water or groundwater for this purpose does not lead to endanger the objectives set by
§ 23a for the water source or
targets set under § 23a for artificial enrichment of groundwater resource.

§ 10

(1) A creditor who has a permit for water use except
authorization under § 8. 1 point. a) points 2-4 and point. c) the amount
least 6,000 cubic meters of water in the calendar year or 500 m3 of water per calendar month
, as well as those who have permission to use water in this
amount, which is a natural healing source or
source of natural mineral water or mineral that is dedicated, is obliged
measure the amount of water, which costs, and communicate the results of this measurement
appropriate river basin procedure according to § 22 paragraph. 2nd

(2) A creditor who has permission for impounding or to accumulate
surface water and if it exceeds the allowed volume of water dammed water works
in the river or water stream of the accumulated one million cubic meters, is | || obliged to measure the quantity of dammed or accumulated water and pass on that information to the competent
river basin procedure according to § 22 paragraph. 2nd

(3) The method and frequency of measurement of the amount of water in accordance with paragraph 1
for different kinds of water use, measuring the amount of water accumulated
or backwater under paragraph 2, the Ministry of Agriculture
after consultation with the Ministry of the Environment and
Ministry of health decree.

(4) The water authority may prescribe in the permit for water use and
further details of these measurements. In the event of an emergency, the

Water authority on a proposal to establish a legitimate way to a measuring range
outside the authorization procedure for water use, for a limited
absolutely necessary period of time.

§ 11

(1) The rights and obligations arising from permits for water use,
issued for the purpose of ownership to land and buildings or
, transferred to the transferee if such land or
buildings will continue to serve the purpose specified in the permit.
This also applies to their users for use of the land or buildings in
range that corresponds to the range of user rights to them
arising from the relationship between the owner and that user.
Purchasers of those lands or buildings, or their users are required to notify
water authority that there was a transfer or assignment of land or buildings
with which the permits for water use, and pressing it into 2
months from the date of transfer or transfer or creation of rights to
their use.

(2) Permission for water use does not create rights to a foreign land and buildings
never arises water authority watercourse administrator or owner
waterworks legal obligation to pay for legitimate impossibility
water use to the fullest permitted quantity
with certain characteristics.

(3) Unless otherwise water authority may allow the legitimate exercise of their
permits for water use and another.

(4) If the permitted water use must necessarily be in the public interest and legitimate
does not use its authorization in whole or in part, he may
water authority to impose an obligation to allow the use of its water works or equipment to
permitted water use another water authority
designated person or entity, for the necessary time or
until a decision about its expropriation or restriction of property rights,
and for adequate compensation.

§ 12

Change and cancellation of permits for water use

(1) The water authority may ex officio permits for water use
change or cancel

A) Where the authorization issued permits for water use or uses
If it only minimally without serious cause for more than 2 years
; It does not apply in the case of an authorization pursuant to § 8. 1 point. b) to point 1
water consumption of backup power sources for drinking water from a public water supply
,

B) if the creditor, who has a permit to discharge wastewater into
surface water or groundwater, be required to connect to the sewer system
under a special legal regulation 8b)

C) in determining the minimum level of groundwater has not yet been determined
or changes occur.

(2) The water authority may permit for water use change or cancel
at the request of the creditor. If the permit is issued to another person, it must
applicant must demonstrate that it is entitled to this permit.

(3) The water authority permits for water use changed or canceled, and
even in proceedings pursuant to paragraph 1 or 2, if necessary

A) to achieve the objectives of water protection adopted in the management plan (§ 24 and 26)

B) to fulfill the programs reduce pollution of surface waters (§ 34 para. 2
and § 35 para. 1)

C) to satisfy the program reduce pollution of surface and groundwater
dangerous harmful substances and especially hazardous harmful substances
(§ 39 par. 3)

D) for drinking water supply according to plan development of water supply and sewerage systems
^ 8c).

(4) If authorized to change the period of validity of consents
waters, permission extinguished until a request is not a final decision;
Application must be filed before the expiry of permits
water management.

(5) The changing and canceling permits for water use is used
provisions of § 9-11 analogy.

§ 13

Expiry of permits for water use

Permits for water use expires

A) the expiration of the period for which it is given

B) termination of the waterworks (§ 55) allowing the permitted waste water
if the water authority within 1 year after the termination of the work does not
deadline and conditions for putting the building to its original condition, in this case permits || | lapse with the expiry of this period,

C) dissolution of the legal entity or death of an individual who was
authorization is granted, unless there is a transition to another authority
acquirer under § 11 para. 1st

§ 14


Permits for certain activities

(1) Permits for certain activities need

A) the planting of trees or shrubs in floodplains in the range
affecting drainage conditions,

B) for the extraction of sand, gravel, mud, mud except for medicinal purposes, boulders, etc.
. (Hereafter "river material") of the land on which lies
watercourse,

C) the geological works associated with interference in the land in flood areas
(§ 66) and the protective zones of water resources,

D) to bury dead watercourse,

E) to return the water flow into the original riverbed (§ 45)

F) to store mining waste into surface waters ^ 10b).

(2) Permission for activities referred to in paragraph 1. a) or b)
does not perform if the watercourse administrator (§ 48) in connection with
its management or owner of the waterworks in connection with maintenance
water tank. It is also not necessary under paragraph 1. a) if he pursues a
forest owner to the renewal of vegetation, and practices imposed
Act no. 289/1995 Coll., on forests and amending and supplementing certain acts
(Forest Act), as amended amended.

(3) If it appears that the nature of things, the water authority in
permission to establish the conditions and the period for which the authorization is granted.

§ 15

Building permits for water works

(1) For the implementation of water projects, their changes and changes their use
well as their dissolution and removal is necessary to permit the water
office. Permission to carry out or changing water project, which is intended to
water disposal povolovanému according to § 8, may be issued only
if it is allowed adequate water management or
water management permits simultaneously authorized to make or change
waterworks (§ 9, par. 5). In a case under § 126 par. 5
permission to make or change the waterworks is not issued simultaneously with the decision by
Integrated Prevention Act; rights and obligations arising from
permission to perform, change water project or change its use may carry
earliest date on which the decision under the law on integrated prevention
.

(2) building permission or notification is not required construction works of water supply and sewerage
if they do not change their route.

(3) The water authority in the construction permit lays down obligations or
conditions under which it is issued, and purpose, which is to serve water works;
Obligations must be determined in accordance with this Act.
The water authority may impose a building permit submission of operating rules
waterworks at the latest together with the notification in accordance with § 120 of the Building Act
or together with a request for the issuance of the occupancy permit. The water authority in
building permit or a public contract relating to the construction
water pipelines, water supply facilities, water treatment plants, sewage drains
including sewer facilities and wastewater treatment plants, which are part
water supply or sewerage for public need ^ 53), saves
submission of a permit to operate ^ 54) with a request for extradition
occupancy permit.

(4) The water authority exercises the powers of a special building authority
under a special law. ^ 10)

(5) The water authority may require the applicant for a building permit to submit a proposal
handling regulations, or calculating flood waves
special flood, and in hydraulic structures impounding or accumulating
surface water and buildings using their energy potential.

(6) When permitting water works, alteration, change their use and
remove them must be taken into account protection of aquatic and water-related ecosystems
. These dams should not create barriers to the movement
fish and aquatic animals in both directions watercourse. This is not the
cases

A) in the case of ponds or water tanks for fish farming or construction to
mountain streams and ravines,

B) if required by flood or other public interest or

C) the movement of fish and aquatic animals in both directions watercourse
can not provide because of technical feasibility or disproportionate costs.

(7) If a permit issued under the provisions of § 8. 1 or
previous regulations on water use, water authority will decide on the conditions
continuation or removal of water works, which

Allow water management.

(8) The water authority may order the suspension of work on the construction site or removing the building
performed or performed an emergency procedure by
Building Act of flood command authority, the municipality, the municipality with extended powers
or region. The issuance of this decision is the first act in
management.

(9) Water Works are eligible for assessment by an authorized inspector;
It does not apply in the case of buildings, water mains, sewers and drainage
objects that do not require a permit for water use.

(10) The water authority decision to cancel the waterworks
notify the competent building office.

§ 15a

Announcing water works and water management measures

(1) For the implementation of water projects designed for wastewater treatment in
capacity of 50 population equivalents, which are an essential part
products marked CE under a special legal regulation 10c)
sufficient notification water authority. During the reporting shall apply mutatis mutandis
provisions of the Building Code reporting structures.

(2) Notification of the waterworks under paragraph 1 contains

A) requirements under the Building Act ^ 4)

B) the category of the product bearing the CE

C) project documentation prepared by the person who received authorization
for this activity under a special legal regulation 10d)

D) the method of wastewater discharge,

E) a statement of the respective watercourse administrator in case
discharges of waste water from the waterworks into surface water

F) the opinion of the administrator basin,

G) a statement of the person with competence in the case of discharges
waste water from the waterworks through layers of soil into groundwater and

H) operating rules.

(3) Maintenance work, which could adversely affect the environment
environment or the stability of the water project, its owner is obliged to report
water authority. The announcement is also subject to rehabilitation of water works
destroyed by the disaster and water treatment;
earthworks and changes in the field of natural watercourse channels and adjacent land
with them, which is not substantially alter the natural watercourse
flows, require a building permit or notification. In cases under sentence
first and second, the time limit for notification of the water authority that has
objections, 15 days; In this period the building office announced the renewal or
maintenance work or modifications to ban water.

(4) If the water authority to execute the announced waterworks
agree, it is considered permissible and water management pursuant to § 8. 1
point. C); § 9 para. 2, in such a case.
Water authority the latter shall without undue delay administrators
basin. In the event that the implementation of the announced waterworks prejudice
water flow, the water authority shall communicate these facts also responsible
watercourse administrator.

§ 16

Permit to discharge wastewater containing especially dangerous substances into the sewer


(1) The discharge of waste waters, where it can be reasonably considered that
may contain one or more specially dangerous substances (§ 39
par. 3), in drains require permission of the water authority .
When issuing permits the water authority is bound by emission standards and deadlines for achieving them
laid down by Government Decree issued according to § 38 paragraph
. 8th

(2) Until the sewer discharge waste water containing
particularly hazardous harmful substances from one or more individual technologically defined
productions require authorization pursuant to paragraph 1
separately for each of these productions. If industrial waste water containing especially
dangerous substances discharged into the sewer system, which is
part of the production complex, and are treated in a facility intended for cleaning
or disposal of the waste water, the water authority may issue | || permit up to the point of discharge from this device.

(3) In issuing this authorization procedure water authority adequately
according to § 38 para. 8 to 10 provisions of a special legal regulation
^ 10a) are not affected.

(4) The water authority stored in the authorization referred to in paragraph 1
obligation to establish a control point and method of measuring the volume of discharged wastewater, rates

Their pollution particularly dangerous harmful substances and the way he
measurement results will be forwarded. At the same time takes into account approved
sewer regulations.

(5) If the removal of especially dangerous substances from
wastewater discharged into drains installed devices
sufficient and provable efficiency, the water authority in the permit
establish the place of the obligation under paragraph 4 of the operating conditions
such devices.
Section 2

Consent


§ 17

(1) Consent of the water authority is needed for buildings, equipment or
activities that do not require a license under this Act, but
may affect water conditions, and it

A) to buildings and facilities on land where there are troughs
waterways or on land adjacent to such land unless
these buildings and facilities will affect water conditions,

B) the establishment of pipelines and structures enabling
underground storage in terrestrial cavities, as well as the warehouses, landfills, reservoirs
or if the operation of those structures and dumps
may significantly affect the quality of surface water or groundwater

C) constructions, mineral extraction or landscaping work in flood
territories; the provisions of § 67 is not affected by,

D) to buildings within a distance of 15 m from the air foot levees
watercourse

E) to buildings in the protected zones of water resources,

F) to storage sites for the disposal of mining waste or decision
obligations on collection and treatment of contaminated water and leakage by
another legal regulation 10b)

G) to the wells for use of the energy potential groundwater from
which shall not be harvested or not pumped groundwater; The water authority may
procedure for granting this approval the applicant ordered to submit his statement
persons with professional qualifications ^ 8)

H) to store carbon dioxide in natural rock structures by
another legal regulation 49).

(2) If it appears that the nature of things, the water authority in accordance
determine the conditions and the period for which the approval is granted.

(3) Consent is binding on the competent authorities in the procedure of special laws
^ 4) ^ 7b) ^ 10b) in the cases referred to in paragraph 1

(4) Consent pursuant to paragraph 1 is not required for activities that are needed
exercise or intervention by the Fire Rescue Service of the Czech Republic and
fire protection units, mine rescue, Police
Czech Republic, the municipal police and the armed forces of the Czech Republic, which exercises
cases proceed in agreement with the water authority.
Section 3

Observations


§ 18

(1) Any person who intends to locate, perform, modify, or delete
building or facility or perform other activities, if such plan may
affect water conditions, potential energy, the quality or quantity of surface
or groundwater is entitled to after sufficient proof
intention to receive the water authority, whether it is the intention of
standpoint of the interests protected under this Act possible, or under what conditions
.

(2) The water authority will issue statements also resource
natural mineral water certified pursuant to a special law. ^ 2)

(3) Expression is not a decision in an administrative procedure and not a substitute
authorization or approval of the water authority issued under this Act.
Section 4



Water evidence
§ 19
Heading left


(1) Administrative authorities and local authorities are obliged to keep records
their decisions, general measure, binding opinions,
consents and brought them to the announcement, for which their consent under this Act
, and parts of the decision which, according to the Act on integrated prevention
replace decisions issued under this Act.

(2) The Ministry of Agriculture in cooperation with the Ministry of Environment
decree stipulates the scope and method of keeping records pursuant to paragraph 1
, defining the scope of data and method of caching
public administration information system ^ 11) and way transfer of information from existing water
records and summary records of water
^ 12) this information system.

(3) The administrative authorities and local governments are required of them led

Records pursuant to paragraph 1 to impose their decisions issued, measures
general nature, binding opinions and identification data to the extent specified
decree issued pursuant to paragraph 2 to the information system of public administration
(§ 22 paragraph. 3 4) and transmit them electronically to the Ministry of agriculture
latest calendar quarter by the 15th
day of the first month of the following quarter.

(4) River basin administrators are required to continuously store selected data from
final decisions on measures of general nature and committed
views of the water authorities to the extent specified
decree issued pursuant to paragraph 2 to the information system of public administration .

§ 20

Data to be entered in the Land Register

(1) Dams, dikes, dams, buildings which are for shipping purposes
established in watercourse channels or on its banks, buildings to use energy and water
construction of settling ponds, where they are connected with the ground fixed foundation
be registered in the Land Registry. ^ 12a) Details defining these
water works stipulated by the Ministry of agriculture in agreement with the Czech Office for Surveying, Mapping and cadastre
decree.

(2) The cadastre feature protective zone of waterworks (
§ 58 par. 3) of paragraph 1 and drinking water protection zones (§ 30)
particulars concerning the protection of real estate. ^ 13) | ||
(3) The water authority is obliged to send the relevant Land Registry
data needed to record territory protection under paragraph 2 within 30 days
of the legal effect of the decision was the protection of the area
defined.
TITLE III


STATE OF SURFACE AND GROUND WATER

§ 21

(1) Identification and assessment of surface and groundwater used for
providing documents for the exercise of public authority under this Act
water planning and public information and performs
according basin surface water and hydrogeological regions
underground waters.

(2) Identification and assessment of surface and groundwater in particular, includes


A) determining the quantity and quality of surface water and groundwater
to influence human activities and status of water bodies and
ecological potential for heavily modified and artificial water bodies

B) maintaining water balance (§ 22 par. 1),

C) establishing, maintaining and updating records

First watercourses and objects on them, their sub-basins and hydrogeological regions
water reservoirs

Second water bodies including heavily modified water bodies and artificial water bodies
,

Third the quantity and quality of surface and ground water, state water
bodies and ecological potential of heavily modified and artificial water bodies
,

Fourth sampling of surface and groundwater, wastewater and mining
waters and accumulation of surface water in water reservoirs

Fifth international basins of the Czech Republic and
sub-basin (§ 24)

6th protected areas of natural water accumulation (§ 28)

7th protective zones of water sources (§ 30)

8th of surface and underground waters, which are used or
intended to be used as sources of drinking water,

9th sensitive areas (§ 32)

10th vulnerable areas (§ 33)

11th areas of surface water used for bathing (§ 34)

12th surface waters that are or are to become permanently suitable for
life and reproduction of indigenous species of fish and other aquatic animals (§
35)

13th water works for land reclamation (§ 56)

14th floodplains (§ 66).

Scope and method of processing, storing and transmitting data included in
records, including statistical and cartographic data into information systems in public administration
(§ 22 paragraph. 3 and 4) provides for the Ministry of Agriculture in cooperation
Ministry of environment
decree.

(3) The method of defining hydrogeological regions, the designation process
way of evaluating their condition and the method of assessing the ecological
potential for heavily modified and artificial water bodies (§ 23a)
essentials survey programs and assessment water (§ 26 par. 4)
stipulated by the Ministry of the environment and Ministry of agriculture
decree.

(4) Identification and assessment of surface water and groundwater

Operation of information systems in public administration carried
basin administrators and other professional bodies for this purpose Instructs establishes
or establishes a Ministry of Agriculture or the Ministry of Environment
Environment (hereinafter "authorized professional entities") .
Basin administrators and authorized professional entities are obliged to take this action
follow the instructions of their founder or founder.

(5) River basin administrators and authorized professional entities are entitled to request
for the detection and assessment of surface and groundwater
information from whoever manages surface water or groundwater,
as well as from the administrative authorities or local government bodies, to the scope of authorization
disposal of waste water falls, or
leading information systems under special laws; ^ 14)
they are obliged to charge to communicate data to river basin administrators and authorized | || professional bodies, or the river basin administrators and authorized professional bodies may
with them this data free of charge and for their help identify.
Provisions of special laws protecting classified information
unaffected.

(6) River basin administrators and authorized professional entities provide on request without charge
administrative authorities information about the state of surface and underground waters
; also provided free of charge to the Ministry of Health
information regarding the management of surface water and groundwater in
protective zones of natural medicinal resources and sources of natural mineral water.

(7) To enter authorized employees river basin administrators and authorized professional
entities in a foreign land, buildings or structures shall apply mutatis mutandis
§ 114 para. 1 and 2

§ 22

(1) Water balance consists of hydrological balance and water balance
. Hydrological balance compares acquisitions and disposals and changes in water
water storage basin, water body or area within a given time interval
. Hydrological balance compares the requirements for sampling
surface water, groundwater and wastewater discharges
a usable capacity of water resources of the aspects of quantity and water quality and ecological status
. The contents of the water balance and the method of its preparation
the Ministry of Agriculture in cooperation with the Ministry of Environment
decree.

(2) For the purpose of water balance are subscribers
surface water or groundwater, as well as those using natural healing resources or
sources of natural mineral waters and waters which are reserved
minerals, and those who discharge into surface water or groundwater
waste water or mining in excess of the calendar year 6
000 m3 or 500 m3 per calendar month, or those whose
allowed water volume of dammed water works in water the flow of water or water works
accumulated exceeds one million cubic meters, annually required to notify the appropriate administrators
watershed data on these withdrawals and discharges, and
data impoundment, respectively. accumulation in the manner and to the extent that states
Ministry of Agriculture in collaboration with the Ministry of Environment
Environment and the Ministry of Health decree.

(3) The Ministry of Agriculture maintains a public administration information system
according to § 21 para. 2 point. c) to register

A) of waterways and objects on them, their sub-basins and water reservoirs
,

B) withdrawals of surface water and groundwater, wastewater and mining
waters and accumulation of surface water in water reservoirs

C) international river basin districts in the Czech Republic and
sub-basin (§ 24)

D) of surface and underground waters, which are used or
intended to be used as sources of drinking water,

E) water works for land reclamation (§ 56).

(4) The Ministry of the Environment manages the information system of public administration
according to § 21 para. 2 point. c) to register

A) hydrogeological regions and water bodies including heavily modified
water bodies and artificial water bodies,

B) the quantity and quality of surface and ground water, state water
bodies and ecological potential of heavily modified and artificial water bodies
,

C) protected areas of natural water accumulation,

D) protective zones of water sources

E) sensitive areas

F) vulnerable areas


G) areas of surface water used for bathing,

H) floodplains,

I) surface waters that are or are to become permanently suitable for
life and reproduction of indigenous species of fish and other aquatic animals.

(5) The Ministry of Environment is managed as a separate component
public administration information system pursuant to § 21 para. 2 point. c)
register of protected areas, which in relation to the bodies of surface water or groundwater
records areas and areas requiring special protection
under this Act or the Act on the Protection of Nature and Landscape-14a).

(6) The Ministry of Agriculture and Ministry of Environment
advance in the management of information systems in accordance with paragraphs 3 and 4, according
special regulation. ^ 15) These information systems are used
especially for the purposes of § 21 para . 1, § 23-26, § 54 and § 108 paragraph. 2
point. in).
TITLE IV


Water planning

§ 23

(1) Planning of water management is a systematic conceptual activity that
provided by the state, and its purpose is to define and mutually harmonize public interests


A) the protection of water as a component of the environment,

B) reducing the adverse effects of floods and droughts and

C) sustainable use of water resources, particularly for the purpose of supplying drinking water
.

(2) Within the water planning are acquired basin management plans and plans
flood risk management. These plans are the basis for performance
public administration, especially for spatial planning and management of the water.

§ 23a

Objectives of protection of water as a component of the environment

(1) The objectives of protection of water as a component of the environment (hereinafter referred to as "targets
water protection") are

) For surface water

First prevent deterioration of the status of all bodies of these waters, including water
within the same international river basin

Second providing security, enhance and restore all bodies of those waters and
achieve their good condition, with the exception of formations mentioned in point 3,

Third providing security, enhance all artificial and heavily modified
water bodies and achieving good ecological potential and good chemical status
,

Fourth reduce the pollution from priority substances and cessation or
gradual elimination of emissions, discharges and losses of priority hazardous substances
,

B) for groundwater

First prevent or limit the input of dangerous, particularly dangerous
and other harmful substances in these waters and to prevent deterioration of these water bodies
,

Second providing security, enhance and restore all bodies of those waters and
ensure a balance between abstraction and groundwater recharge its
, with the aim of achieving good status of these waters,

Third To avert any significant and sustained upward trend in concentration
dangerous, particularly dangerous and other harmful substances
as a consequence of human activity, in order to effectively reduce
pollution of these waters,

C) also in areas defined in § 28 para. 1, § 30. 1, § 32 par.
2, § 33 para. 1, § 34 para. 1 and § 35 para. 1 and
specially protected territories by special laws ^ 31) achieving the goals set for
surface water under a) and groundwater under subparagraph b)
if these areas are not for these waters determined by special
laws different requirements.

(2) The objectives set out in paragraph 1. a) paragraphs 2 and 3 point. b) Section 2
a point. c) to be achieved by 22 December 2015.

(3) If the selected body of water is subject to more than one destination
protection of waters referred to in paragraph 1, apply the most stringent.

(4) for selected water bodies may be in the river basin management plans (§ 24) intended
special water protection objectives, which are to extend the deadline referred to in paragraph 2
for the progressive achievement of the objectives of water protection for water | || departments or in the establishment of less stringent water protection objectives.

(5) The period referred to in paragraph 2 may be extended only if
no further deterioration of the water body, and when these conditions are met
:

A) if the timely achievement of the objectives of water protection possible from at least one further
this reason:

First rate desired improvement may be due to technical

Feasibility achieved only by successive steps that go beyond this
statutory deadline,

Second achieving the desired improvements within this statutory deadline
would be prohibitively expensive,

Third natural conditions do not allow timely improvement in the status of water
department within this statutory deadline,

B) the extension and the reasons for its extension
are specifically set out and explained in the river basin management plan and

C) extension of time will be limited to a maximum of two
subsequent updates of the river basin management plans, except in cases where
natural conditions are such that the objectives of water protection
can not be achieved within this period.

(6) Less stringent water protection objectives for selected water bodies
can be determined only when these bodies of water affected by human
activity, as determined in accordance with § 25 par. 1 point. a) point 2
or their natural condition is such that the achievement of these objectives
would be infeasible or disproportionately expensive, and if the following conditions
:

A) the needs of the environment and socio-economic needs
by such human activity can not be achieved by other means
that environmentally significantly better
not entailing disproportionate costs

B) for surface water will achieve the best possible ecological and chemical status
given impacts that could not prevent the
due to the nature of the human activity or pollution,

C) The groundwater will be achieved through the least possible changes to good
groundwater status, given impacts that could not prevent the
due to the nature of the human activity or pollution,

D) no further deterioration of the water body and

E) the establishment of less stringent water protection objectives, and the reasons are
specifically mentioned in the river basin management plan and these objectives will be every six years
reviewed.

(7) Good groundwater status, good ecological status
good ecological potential or to prevent deterioration
body of surface water or groundwater may not be achieved due to new changes
physical characteristics of a surface water body or
changes in the level of bodies of groundwater. Deterioration of surface water body from very good to good
may occur as a result of new sustainable human activities.

(8) Application of the exemptions referred to in paragraph 7 is only possible if

A) they are taken all practicable steps to mitigate the adverse impact on the state
waterbody

B) the reasons for the modifications are specifically set out and explained in the river basin management plan
according to § 24 and the objectives are reviewed every six years,

C) the reasons for those modifications or alterations are of overriding public interest
or the benefits to the environment and society at
achieving the objectives referred to in paragraph 1 are outweighed by the benefits of the new changes for
human health, maintenance of human safety or sustainable development

D) the beneficial objectives served by those modifications or alterations of the water body
can not for reasons of technical feasibility or disproportionate costs
achieved by other means, which would be environmentally
environment improved significantly.

(9) The exceptions under paragraphs 5-7 may be applied only if there is no
permanently exclude or compromise the achievement of the objectives of protecting water as
component of the environment in other bodies of water within the same river basin district
and their use is consistent with the goals of environmental protection
environment.

§ 24
River basin management plans


(1) The Czech Republic belongs to three international river basins,
and within international river basins of the Elbe, international river basin
Oder and the Danube River Basin Management.

(2) River Basin Management Plans in accordance with § 23 para. 2 are processed in three levels
for international river basin (hereinafter referred to as "international river basin management plans")
portions of international river basins in the Czech Republic (hereinafter
"national river basin management plans") and sub-basins.

(3) The Ministry of Environment and Ministry of Agriculture
cooperate within international commissions ^ 16) for processing
international river basin management plans and international plans for flood risk management
or file plans for flood risk management

Coordinated at the level of the international river basin.

(4) National RBMPs sets goals:

A) to protect and improve the status of surface water and groundwater
aquatic ecosystems,

B) to reduce the adverse effects of floods and droughts,

C) for the management of surface water and groundwater
and sustainable use of these waters to ensure water services and

D) to improve water conditions and to protect the ecological stability
landscape.

It also contains summaries of programs of measures to reach those goals and
provides funding strategy.

(5) National Plan for the Elbe catchment basin management plans are completed for five
sub-basin, and for sub-basin of the Upper and Middle Elbe sub-basin
Upper Vltava, Berounka sub-basins, sub-basins and sub Lower Vltava
Eger basin, the Lower Elbe River and other tributaries of the Elbe.

(6) National Plan for the Odra River Basin is supplemented river basin management plans for the two sub
river basin, sub-basin for the upper Odra river basin sub Lusatian Neisse River and other tributaries of the Oder
.

(7) National Plan for the Danube River Basin is supplemented river basin management plans for the three sub
basin, and for sub-basin of the Morava and tributaries of the scale, partial
Thaya River basin and sub-basins of other tributaries of the Danube.

(8) Plans sub-basin states the draft programs of measures that are
necessary to achieve the objectives for the sub-basin on the basis of this evaluation
surface water and groundwater, flood risk assessment, needs
use of water resources and the timetable for their implementation.

(9) The Ministry of Agriculture shall issue a decree defining individual
parts of international basins in the Czech Republic,
individual sub-basins under paragraphs 5-7 and associated
hydrogeological regions, and in regions where the administrative districts
and administrative districts of municipalities with extended powers and within the territorial scope
which fall within the river basin.

(10) The national river basin management plans drawn up
Ministry of Agriculture and Ministry of Environment in collaboration with the competent administrators
basin and relevant regional authorities.
National river basin management plans approved by the government.

(11) Plans for flood risk management takes
Ministry of Environment and Ministry of Agriculture in cooperation with the relevant
basin administrators and relevant regional authorities.
Plans for flood risk management plans approved by the government.

(12) The national river basin management plans and plans for flood risk management are integrated into the international
plans under paragraph 3

(13) Plans sub-basin river basin by buying their competence
in cooperation with the relevant regional authorities, in cooperation with
central water authorities. Sub-basin plans approved in accordance with its territorial scope
region.

§ 25

Development of river basin management plans and plans for flood risk management

(1) River basin management plans and plans for flood risk
processed in three stages, which are:

A) preparatory work which must contain

First preliminary flood risk assessment and delimitation of areas with
significant flood risk, which must publish and make available to the public for comments
, at least four years before the start of the period, which will
plans for flood risk management concern,

Second a timetable and work program for the processing of river basin management plans, which
must publish and make available to water users and the public for comments
, at least three years before the beginning of the period to which they relate
basin management plans, || |
Third analysis of general and water management characteristics of the river basin
assessment of the impact of human activity on the status of surface water and groundwater,
flood hazard maps and flood risk maps for areas
defined by Section 1 economic analysis of water, and their | || based on a preliminary overview of significant problems dealing with
water found in the river basin, including the introduction of AWB,
designation of HMWB and its rationale and design
specific objectives for water protection which must be made public and
accessible to water users and the public for comments, at least two years before
beginning of the period to which they basin management plans and management plans
flood risks relate


B) processing the draft management plan and draft management plans
flood risk, which must be processed according to the results of preparatory work and
programs include measures to achieve the targets under § 24 para. 4, and published
made available to water users and the public for comments
least one year before the beginning of the period to which the river basin management plans and will
plans for flood risk management concern,

C) processing of river basin management plans and plans for flood risk management
adjusted according to an evaluation consultation with water users and the public.

(2) The Ministry of Agriculture and Ministry of Environment
decree provides content management plans and plans for flood risk management plans
processing method, the details of processing stages in accordance with paragraph 1
including the manner and form, the preliminary evaluation
flood risk way of defining areas with a significant flood risk
contents and the process of flood hazard maps and flood risk maps
forms and their publication, way of making the preparatory work and
draft river basin management plans and draft plans flood risk management for
active participation of water users and the public.

(3) River basin management plans and plans for flood risk
reviewed and updated every 6 years from the date of approval
accordance with the procedures set out in paragraphs 1 and 2

(4) The national river basin management plans issued by the Ministry of Agriculture as a measure
general nature.

(5) Plans for flood risk management issued by the Ministry of Environment
as a measure of a general nature.

§ 26


Action programs
(1) The programs of measures are the main tool to achieve the objectives set
river basin management plans and plans for flood risk management.
Measures taken to achieve the objectives of water protection measures in the program must be
implemented within 3 years from the approval of management plans.

(2) Programs of measures to achieve water protection must contain
basic measures and, where necessary, additional measures.
Definition of the basic and additional measures and procedures
introduction of measures, including tighter framing objectives and water protection
additional measures published by the Ministry of Agriculture and Ministry of Environment
.

(3) Measures taken in the plans for flood risk management must
their extent and impact, significantly increase flood risks downstream and upstream
watercourse where such measures have been coordinated and agreed within
parts international basins of the Czech Republic or
within international river basins.

(4) If the detection and assessment of surface and groundwater
according to § 21 or other data indicate that the water protection objectives set for
body of water under § 23a paragraph. 3-6 will probably || | achieved must be

A) investigated the causes of the possible failure,

B) examined the appropriate permits for water use, which is covered
§ 12 para. 1 point. h) Section 5

C) reviewed and adjusted programs for detecting and evaluating the state
surface water and groundwater,

D) additional measures to achieve these goals for water protection
establishment of stricter values ​​of selected parameters or set
other indicators when appropriate.

(5) In cases of temporary deterioration of water bodies
circumstances of natural cause or force majeure which are exceptional or
could not reasonably have been foreseen, as in the case of extreme floods and prolonged droughts
or due to accident, you must meet the following conditions
:

A) take all appropriate measures to prevent further deterioration
status and not to compromise the achievement of the objectives of water protection under § 23a paragraph. 1
with other bodies of water not affected by those circumstances

B) the conditions under which they may be circumstances that are exceptional or
reasonably unpredictable, are listed, including the introduction of relevant
indicators in the management plan,

C) measures to be taken under such exceptional circumstances
are included in the program of measures and will not compromise the quality
restoring the body of water once the circumstances,

D) the effects of emergencies or circumstances reasonably nepředpověditelných

Reviewed annually and given the reasons for extension of the deadlines set
in § 23a paragraph. 5 and setting less stringent objectives in § 23a paragraph. 6
take all feasible measures with the goal in the shortest possible time
restore the water body in the state that was before extraordinary circumstances
and

E) a summary of the effects of the circumstances and actions taken or to be taken
in accordance with letters a) and d) be included in the next update
management plan.

(6) Implementation of measures pursuant to paragraph 2 may not lead to deterioration
pollution of coastal waters and seas or to increased pollution of surface waters
. This requirement shall not apply where it would result in increased
pollution of the environment as a whole.

(7) The Ministry of Agriculture in cooperation with the Ministry of Environment
environment and regional authorities shall, every three years the government
comprehensive report on the implementation of programs and measures of surface and underground
water and water management in the catchment areas .
TITLE V


PROTECTING WATER RATIOS AND WATER RESOURCES
Part 1


Protecting water ratios

§ 27

Landowners are required, unless special legislation
otherwise ^ 18) to provide care for them so as to prevent degradation
water conditions. In particular, are obliged in these circumstances to ensure
prevent deterioration of runoff, erosion of soil erosion and water activities
care about improving the retention capacity of the landscape.

§ 28

Protected areas of natural water accumulation

(1) Areas that its natural conditions constitute a significant
natural accumulation of water, announces government regulation as protected areas of natural water accumulation
.

(2) In the protected areas of natural water accumulation in a range
stipulated by the government prohibits

A) reduce the extent of forest land

B) drain forest land

C) drain agricultural land

D) extract peat

E) mine minerals by surface or perform other earthwork,
which would lead to the uncovering of contiguous groundwater levels,

F) to extract and process radioactive materials,

G) to store radioactive waste

H) to store carbon dioxide ^ 49) in hydrogeological structures
exploited or exploitable groundwater reserves.

(3) The Ministry of the Environment may with the prior consent of the government
grant an exemption from the prohibitions referred to in paragraph 2.

(4) If the prohibition pursuant to paragraph 2. a) to c) arises
owner of the land damage, is entitled to a reimbursement.

§ 28a

The area protected for surface water storage

(1) Areas morphologically, geological and hydrological suitable for accumulation
surface waters to reduce the negative effects of floods and droughts can
to their territorial protection from other activities to define the Policy
spatial development and land-use planning documentation as a protected area
for surface water storage. In these areas may be to change the current
use, placing buildings and perform other activities only in the event that
not make it impossible or significantly impede their future use for accumulating
surface waters.

(2) Master Plan areas protected for surface water and basic principles
use of these areas takes the Ministry of Agriculture in agreement with the Ministry of Environment
. The General Plan is the basis for design
spatial policy-18a) and planning documentation.
Part 2

Groundwater


§ 29

(1) Groundwater resources are primarily reserved for
supplying the population with drinking water and for the purposes for which the use of drinking water
determined by special legislation. ^ 5) for other purposes may
water authority authorize the use of groundwater only if it is not to the detriment
meeting such needs. Carbon dioxide is forbidden to store ^ 49) to
hydrogeological structures with significant reserves of high quality underground water
primarily for drinking water supply.

(2) A person who causes in operating activities ^ 19) The loss of groundwater
or significantly reduce the possibility of taking the sources of groundwater
or deterioration in water quality in him liable to pay damages to || | it was him who allowed a draw underground water from this
water source, and done according to local conditions needed

Measures to restore the original state. Compensation is based on measures
alternative source of water. If this is not possible or practical, is obliged to provide a disposable
compensation corresponding reduction in value
immovable property, with the use of the authorization is linked.
In disputes over compensation or the amount decided by the court. This does not affect
general regulations on compensation.

(3) The owner of the land, which in activities other than geological works
^ 20) it detects the occurrence of groundwater in unusual quantities
(eg. In an amount which will entail the creation of technology || | construction or forcing the abandonment of the construction works on this site
etc.) or detects the occurrence of groundwater with rapt level (artesian water
) is obliged to report this fact to the respective water
office to check discharge groundwater resources water.
Part 3


Protection of water resources

§ 30

Drinking water protection zones

(1) To protect the yield, quality and wholesomeness of resources
groundwater or surface water used or usable for
drinking water supply with an average collection of more than 10,000 cubic meters per year and
groundwater resources for production of bottled infant water or spring water
water authority shall determine protection zones general measure.
Where it serious circumstances, the water authority may determine
protective zones for water sources with a lower capacity than specified in the first sentence
. The water authority may, for serious reasons protective zone
change or cancel. The establishment of protection zones is always
public interest.

(2) The protective zone is divided into a protected zone of the first degree, which is used to
protect water resources in the immediate vicinity of the accumulation or sampling
equipment and protective zone II. degree, which serves to protect the water
resources in areas specified by the water authority so as to avoid
threat to its yield, quality or health.

(3) protective zone of first-degree determined by the water authority as contiguous territory


A) in the case of water supply reservoirs and other tanks designed exclusively for
drinking water supply for at least the entire surface level of the tank when
maximum backwater,

B) other reservoirs for water purpose than those listed under letter
a) a minimum distance of boundary demarcation on the surface of the tank
100 meters from the sampling device

C) in the case of watercourses

First a weir on the shore swells minimum sampling length 200 m above
sampling upstream, downstream to a distance of 100 meters or edge
vzdouvacího object and wide buffer zone 15 meters in a water stream includes at least one
half of its width at the sampling site

Second without weir backwater on the shore taking minimum length 200 m above
taking place upstream, downstream to a distance of 50 m from the place
collection and width of the protective zone of 15 m, in a water stream includes at least one third of its
width at the sampling site

D) in the case of groundwater resources with minimum limits of his defining
10 m from the sampling device

E) in other cases individually.

(4) The water authority may set in justified cases
protective zone of the first degree to a lesser extent than described in paragraph 3. a)
d).

(5) The protective zone II. Grades are determined outside the protection zone I.
grade; It may consist of one continuous or several separated
territories within the hydrological basin or hydrogeological zone.
Water authority may buffer zone II. Instance, if appropriate, impose
gradually, by individual territories.

(6) Protective zones determined by the water authority, upon application or on its own initiative
. Do not submit the proposal to the determination of those who have the right
from the water source to collect, or those who have permission to
such recall asking for water reservoirs, then those who own
dams used for impoundment in such tanks or
their builders, they may present the proposal with the necessary documents
water authority to impose. For water tanks under the preceding sentence shall be deemed
tanks listed under paragraph 13.

(7) The protective zone of the first degree is disabled access and entry;
It does not apply to persons who are entitled to from the water source to collect, and

Water reservoirs for people who own these dams.
Water authority may determine a decision or a general measure
other exceptions to the prohibition of entry and drive.

(8) protection zone I and II. Grades are forbidden to perform operations
damaging or endangering, strength, quality or health safety
water source, whose scope is defined in a general measure
nature of the setting or change the buffer zone.

(9) If the grounds for protection, water authority on its own initiative or on a proposal
decide to cancel the protection zone.

(10) The general measure establishing or changing the protection zone
water source, the water authority shall determine which activity damaging or endangering
coverage, quality or wholesomeness of water resources
not be in this band perform, what technical measures in the protection zone are required to implement
person pursuant to paragraph 12, possibly with a time
restrictions on the use of land and buildings in this zone lying.

(11) The proven restriction on the use of land and buildings in the protected zones
water resources belong to the owners of the land and buildings compensation
which they are obliged, upon request, in the case of water supply reservoirs
owners of hydraulic structures allowing they impoundment in other cases
authorization (§ 8) the abstraction of water from a water source;
If there are more, rather permitted by the amount of water withdrawn.
Barring a refund agreement, decide on one-time compensation
court.

(12) Costs related to technical adjustments in protection zones
water resources imposed by the water authority to protect the yield,
quality and safety lies with those who are entitled to water from these water sources
remove or their permission for taking
asking for water supply reservoirs, then the owners or builders of waterworks
serving the impoundment.

(13) The Ministry of the Environment Decree lays down the list
water supply reservoirs and principles for the establishment and modification of protection zones
water resources.

§ 31

For surface water resources that are used or are
intended to be used as sources of drinking water, indicators and values ​​of permissible pollution
determined by the Government.

§ 32
Sensitive areas


(1) Sensitive areas are surface water bodies,

A) which occur in the foreseeable future can occur due to high concentrations of nutrients
undesired state water quality

B) that they are used or intended to be used as sources of drinking water
where the nitrate concentration exceeds 50 mg / l, or

C) where the terms of the interests protected by this Act required a higher degree
wastewater treatment.

(2) Sensitive areas define government regulation.
Identification of sensitive areas be subject to review at regular intervals not exceeding four years.

(3) For sensitive areas and for wastewater discharges into surface waters
affecting water quality in sensitive areas determined by a government regulation
indicators of acceptable waste water pollution and
values.

§ 33
Vulnerable areas


(1) Vulnerable areas are areas where there

A) surface or underground water, especially used or intended
as sources of drinking water where the nitrate concentration exceeds 50
mg / l or can achieve this value, or

B) surface waters, where due to high concentrations of nitrates from agricultural sources
is or may be undesirably
deterioration of water quality.

(2) The Government shall determine vulnerable areas and adjust them
use and storage of fertilizers and manure, crop rotation and implementation of erosion control measures
(hereinafter the "Programme of Action").
Action program and the designation of vulnerable zones subject to review and possible adjustments
at intervals not exceeding four years.
Review is done by evaluating the effectiveness of measures stemming from
adopted action program.

§ 34

Surface waters used for bathing

(1) River basin administrators in collaboration with the Ministry of Environment, Ministry of Health
, water authorities and the relevant regional hygiene stations
compiled, reviewed and updated profiles

Waters listed in the natural swimming pools operated on
surface waters used for bathing and other surface waters
where you can expect them to bathe a large number of people ^ 48). Profile
surface waters used for bathing is a summary of surface waters
included in a list drawn up by the Law on Protection of Public Health
^ 48). Profile of surface waters used for bathing
can be compiled for several contiguous surface waters. The content and method
profiling of surface waters used for bathing,
conditions for its review and updating, and the extent and manner of submission of documents to administrators
basin the Ministry of Agriculture together with the Ministry
Environment and the Ministry of Health decree.

(2) indicators and values ​​of permissible pollution of water for permitting purposes
discharge wastewater into surface waters listed in the
established under the Law on protection of public health ^ 48) and the program
reduce pollution of those waters to achieve values ​​of permissible pollution of those waters
determined by the Government.

(3) If the surface waters mentioned in the list drawn up in accordance with the law on public health protection
^ 48) will cease permanently or repeatedly respond
quality requirements for bathing water, which are determined by special legislation or
Government Regulation in accordance with paragraph 2, stores or
receives water authority to remedy this situation adequate measures and
after consultation with public health authorities and river basin.
Surface water must be listed by the end of the bathing season in 2015
meet the acceptable water quality.

§ 35


Support fish life
(1) Surface waters that are or are to become permanently suitable for
life and reproduction of indigenous species of fish and other aquatic animals,
split into salmonid waters and carp, indicators and values ​​of permissible
pollution of those waters, a method for determining and evaluating the quality of these waters
program and reduce pollution of those waters to reach values ​​
permissible pollution of these waters, determined by the Government.

(2) In the case of water or other water reservoirs or at sections of water flows
water authority may impose their owner, administrator of water flow and user
fishing ground, also the method of fishing
management.

(3), drain the fish and other aquatic animals alien, genetically
inappropriate and untested populations of native species into waterways and ponds
without the consent of the competent water authority is prohibited
.
Section 4


Water quantity protection

§ 36
The minimum residual flow


(1) Minimum flow carrying the flow of surface water, which
still allows for general use of surface water, and ecological functions
watercourse.

(2) The minimum residual flow down the water authority permits
water management. The water authority shall take into account the conditions
watercourse, nature and water management based on measures to achieve the objectives
water protection adopted in the river basin management plan under § 26. Furthermore
down the place and method of measuring minimal residual flow and | || frequency of these measurements to the water authority.

(3) The method and criteria for determining the minimum residual flow in accordance with paragraph 2
determined by the Government.

§ 37

Minimum groundwater levels

(1) Minimum level of groundwater level, which still allows
sustainable use of water resources and ensuring
achieve good ecological status of associated surface water bodies and to exclude
significant damage to terrestrial ecosystems.

(2) Minimum level of groundwater provides water authority
permits for water use if such use may result
substantial reduction in the groundwater level. The water authority while
based on river basin management plans and the methodological instruction issued by the Ministry
environment and take into account the detected condition
surface and groundwater, in particular the results of the water balance in the
hydrogeological region.

(3) The water authority may impose lawful within the meaning of paragraph 2
obligation to submit a proposal for approval of the receiving order, or

Obligation groundwater levels measured regularly, as a way of measuring and
required to report to the appropriate administrator of the river basin reports on the results of measurements
.
Section 5

Protecting water quality


§ 38
Wastewater


(1) Waste water is water used in residential, industrial,
agricultural, medical and other buildings, facilities or
vehicles if they have changed after using quality (composition or temperature
), and and other waters of the buildings, equipment or means of transport
flowing when
may threaten the quality of surface water or groundwater. Waste water is also seepage from tailings ponds
, with the exception of water, which are re-used for personal use
organization and water which flows out into the waters of the mine, and the
wastewater leachate from landfills .

(2) Water drainage systems on drained agricultural land
cooling water used on ships and water turbines, for which there
only to raise the temperature and unused mineral water from a natural source or medicinal
natural mineral water source not waste
waters under this Act. For wastewater is also not considered
withholding water from rainfall separators if the separator meets the conditions that
provides water authority permission. Wastewater neither
rainwater from roads, if the pollution of those waters
harmful substances resolved through technical measures by decree
implementing the Law on road-21a).

(3) A person who discharges waste water into surface water or groundwater
is obliged to ensure their disposal in accordance with the conditions laid down in the
permit for their discharge.
In establishing those conditions, the water authority is obliged to take into account the best available
technologies in wastewater, which means
most effective and advanced stage of development of the technology used
disposal and wastewater treatment, developed at the scale
allows implementation under economically and technically acceptable conditions while
effective water protection. Who
discharged mine water into surface water or groundwater under the Act on the Protection and Use of Mineral Resources
^ 1), may do so only in a manner and under
conditions laid down by the water authority.

(4) A person who discharges waste water into surface water or groundwater
is obliged to comply with the water authority's decision
measure the volume of water discharged their degree of contamination and results of these measurements
pass water authority, which has taken the decision to the competent
basin administrators and authorized professional body. The water authority
this decision establishes the place and method of measuring the volume and pollution
discharged wastewater and frequency of submission of the results of these measurements
. Sampling and analysis to determine the extent of pollution discharged
wastewater may only be performed by qualified persons authorized to
business (hereinafter "the authorized laboratory").

(5) The person who disposes of waste water through water works
intended for sewage treatment capacity to 50 equivalent inhabitants
announced pursuant to § 15a, which is an essential part of the product
CE marking does not apply obligation under paragraph 4.
enumeration and classification of products labeled CE
including the values ​​of permissible pollution of waste water discharged from them decreed by the government.

(6) Whoever accumulates in non-outflow of waste water pit is required to ensure
their disposal so as not to jeopardize the quality
surface water or groundwater, and the challenge
water authority or the Czech Environmental Inspectorate show
their disposal in accordance with this Act.

(7) The direct discharge of wastewater into groundwater is prohibited.
Discharge of waste water containing no hazardous or harmful substances
especially dangerous substances (§ 39 par. 3) from individual buildings for housing
^ 50), individual buildings for family recreation ^ 51) or
individual buildings providing accommodation services ^ 52)
emerging predominantly from the human metabolism and domestic activities
through layers of soil into groundwater, can only be allowed in exceptional cases on the basis of statements
persons with professional qualifications ^ 8) to their effects on

Groundwater quality, if not technically or with respect to interests
protected by other legislation possible discharges to waters
surface or into the public sewerage system.

(8) When permitting the discharge of wastewater into surface water or groundwater
water authority shall determine the maximum permissible values ​​of
quantity and pollution. When permitting the discharge of wastewater into surface
bound indicators expressing the state of water in the watercourse,
environmental quality standards, indicators and values ​​of permissible pollution of surface waters
, indicators and permissible values ​​
waste water pollution and terms and conditions of a permit to discharge wastewater
, including specifications
best available technology in wastewater and conditions of use
, decreed by the government.
In permitting the discharge of waste water into groundwater is bound indicators to convey status
groundwater in the relevant body of groundwater indicators and values ​​
permissible pollution of groundwater indicators and
permissible values ​​of wastewater pollution and appurtenances
and conditions of a permit to discharge wastewater into groundwater, which provides
government regulation.

(9) When permitting the discharge of waste water into surface or underground water authority


A) take into account the need to achieve or maintain good condition
surface water or groundwater and water-related ecosystems and

B) assess the opportunities for reducing pollution at its source and
limiting emissions into the environment as a whole and the possibility of reusing wastewater
.

(10) If required by the objectives set out in the relevant river basin management plan or goals
water protection and environmental quality standards set
directly applicable European Community water authority provides
stricter permissible values ​​of pollution indicators for wastewater
water than the value set by the Government in accordance with paragraph 8, or may
establish additional indicators and their permissible values.
Thus established values, which the government provides regulation should not be stricter than those
achievable using the best available technologies in the field
wastewater; standards directly applicable
European Communities without prejudice. The same holds true in cases
pollution indicators and their values ​​established by Regulation
government under § 31, 34 and 35.

(11) The water authority may in permitting the discharge of wastewater from
industrial buildings and facilities to store wastewater from
individual partial production or cooling water
separately from other waste water.

(12) The water authority may, upon request, allow polluters
in exceptional cases, the necessary time, especially when placing
sewage treatment plant into operation in test mode,
necessary repairs and changes to the device wastewater and
accidents at these facilities, and in cases where the wastewater will be
into surface waters discharged in a controlled manner while setting
other conditions that limit the possibility of deterioration in the quality of surface water discharge
wastewater permissible values ​​of pollution indicators
wastewater higher than those set by government regulation
paragraph 8 or § 31.

(13) In case of doubt, whether the waste water, the water authority decides
.

§ 39

Harmful substances

(1) Defective are substances that are not waste mine water
and may endanger the quality of surface water or groundwater (hereinafter
"harmful substances"). Anyone who treats harmful substances
is obliged to take appropriate measures in order to get into surface or ground water
not to jeopardize the environment.

(2) In cases where the user of harmful substances are treated with these substances
greater extent or when handling associated with increased
danger for surface water or groundwater, the user of harmful substances duty
take the following measures:

A) develop a plan of action in case of an accident (hereinafter "
emergency plan") and submit it for approval to the respective water authority;
If he can crash affect the water flow, discuss it unsafe user

Matter before submitting them for approval by the respective administrator of the watercourse
which also transmit one of the copies

B) make a record of the action taken, and keep
for 5 years.

(3) The list of dangerous substances and other substances or groups of substances
which an equivalent level of concern (hereinafter
'dangerous substances') is given in Annex no. 1 hereto;
this list includes the especially dangerous substances (hereinafter referred to as "particularly dangerous substances
"). A special category of hazardous and extremely hazardous substances
are priority substances that pose a significant
risk to the aquatic environment and associated ecosystems.
List of priority substances stipulated by the government. Part of the list of priority substances is also
category of priority hazardous substances, which are substances that
create a very high risk in the aquatic environment or indirectly through
aquatic environment due to its persistence and ability to bioaccumulate
. To reduce pollution of surface and groundwater
hazardous substances and especially hazardous substances, the Government may adopt
to the proposal of the Ministry of the Environment Program to reduce pollution
surface and groundwater contamination by dangerous pollutants and especially
dangerous harmful substances.

(4) Any person who treats especially hazardous substances or hazardous substances or
who treats harmful substances to a greater extent or
when dealing with them is associated with increased danger, is obliged to take appropriate
measures in order to get into surface water or groundwater
or sewerage systems, which do not form part
technological equipment manufacturing equipment. It is especially obliged

A) to place the device in which harmful substances are used, capture,
stored, processed or transported, so as to prevent
unwanted release of these substances into the soil or their undesirable mixing with waste or
storm water,

B) use only such equipment, possibly during treatment
harmful substances that are suitable in terms of water quality protection,

C) at least once every six months to check warehouses and landfills, including
results of their inspection system for detecting leakage of harmful substances
and promptly carry out timely repairs;
warehouses must be secured with waterproof treatment against leakage of harmful substances into
groundwater

D) at least once every five years, unless technical standard or manufacturer
shorter deadline, a specially qualified person to try
tightness of the pipes or tanks designed for the storage and transport of resources for
especially dangerous and hazardous substances and in the case
deficiencies are identified promptly carry out timely repairs;
tightness of tanks designed for the storage of petroleum or petroleum products with a minimum
volume of 1,000 cubic meters, or used for storage of oil and oil products
under the Act on emergency oil stocks-21b) secured
waterproof treatment against leakage harmful substances into groundwater and
continuously monitored by control systems whose outputs are
recorded and kept until the finish
immediately following the leak test can be, if not the manufacturer deadline shorter
tested at least once a 20 years; in case of storage of manure and leachates
of roughage in aboveground tanks placed in catch basins
a volume greater than the volume of the largest tank placed in them, with
repeated leakage test is not required

E) to build and operate an adequate control system for detecting leaks of harmful substances
and outputs it to submit the request to the water
office or the Czech Environmental Inspection

F) to ensure that newly constructed buildings were secured against unwanted
leakage of these substances in extinguishing the fire.

(5) Measures under paragraph 4 shall apply mutatis mutandis to the used packaging
harmful substances.

(6) Any person who treats especially hazardous substances must keep records of
types of substances that are processed or with whom
treated, quantities, the content of active ingredients, about
their properties, especially in respect of surface water and groundwater and
such information on request to provide water authority and the Fire

Rescue Service of the Czech Republic.

(7) The water authority may, upon application of harmful substances to enable the provisions of paragraph 1
exemption, unless the oil products, in strictly
extent necessary, for a limited period and assuming that there will be used

A) to adjust and maintain the water flow

B) to feed the fish

C) for reasons of health,

D) to modify the surface or groundwater for certain types of use, for example
precipitation of inorganic nutrients within the watercourse

E) to eliminate undesirable flora or fauna in the watercourse

F) as an indicator materials for measurement purposes, or

G) under approved remediation technologies.

(8) The requirements of the emergency plan and the use of harmful substances
including requirements for a professionally qualified person and drip pans
pursuant to paragraph 4. d) establishes the Ministry of the Environment Decree.
Principles for establishing the conditions for the use of harmful substances in case
exceptions under paragraph 7 letter. b), d) and e) in waste water
for the purpose of breeding fish or waterfowl or other aquatic animals
ponds and define the categories in terms of fish farming provides
Ministry of Environment and Ministry of Agriculture decree.

(9) Washing of motor vehicles and operating mechanisms
in watercourses or in places where they may endanger the quality of surface water or groundwater
is prohibited.

(10) for handling of solids sedimentovatelnými
listed in Annex no. 1 hereto are not covered by paragraphs 2, 4 and 5.

(11) Carbon sequestration ^ 49) into surface waters is prohibited.

(12) The feeding of fish feed plant origin carried out on the pond
so that the amount of feed given fish stock was consumed, and thus
avoid a deterioration of water quality need not be an exception to the use of harmful substances
. Feed used for these purposes must not contain
dangerous or especially dangerous substances and feeding
without exception must be carried out on surface waters listed in the
natural swimming pools under the law on the protection of public health and water reservoirs
. Under the conditions listed in the first sentence and second
not be carried out on the pond or at the outlet from him
monitoring water quality. For control of fishponds submit
water authority or the Czech Environmental Inspection farming records
led by the Fishing Act.

§ 40
Accidents


(1) Accident is an exceptionally serious deterioration or exceptional serious threat
quality of surface water or groundwater.

(2) The disaster is always considered serious deterioration or
extraordinary threat to the quality of surface and groundwater with petroleum
substances, especially hazardous substances or radioactive emitters and
radioactive waste, or if there is a deterioration or threat
quality of surface water or groundwater in protected areas of natural water accumulation or
protective zones of water sources.

(3) In addition, for the accident are considered cases of technical faults and malfunctions
device for capturing, storing, transporting and storing
substances referred to in paragraph 2, if such an intrusion precede it.

§ 41

Obligations crash

(1) A person who caused the crash (hereinafter referred to as "accident originator") is obliged
take immediate action to remedy the causes and consequences of the accident.
At the same time manages the emergency plan or the instructions of the water authority and
Czech Environmental Inspectorate.

(2) Whoever causes or detects a crash, he is obliged to immediately report
Fire Rescue Czech Republic or units
fire protection or the Police of the Czech Republic or river basin.

(3) Fire Brigade of the Czech Republic, the Czech Republic Police and
river basin administrator are obliged to promptly inform them about the reported crash
respective water authority and the Czech Environmental Inspection
environment that will be a disaster for which occurred in protection zones
natural medicinal resources and sources of natural mineral waters and surface waters used
according to § 34, also notify the Ministry of health
. Management work in remedying accidents
for the water authority that the accident immediately inform the manager
basin.


(4) If the emergency of extraordinary extent, that can seriously
endanger the lives or health of people or cause significant damage to property
apply in preventing harmful consequences of the accident adequately
provisions on protection floods.

(5) accident originator is obliged to challenge the authorities referred to in paragraph 3
in the implementation of measures for elimination of the causes and consequences of the accident with
those authorities cooperate.

(6) Persons who participated in the destruction of the accident are obliged to provide
Czech Environmental Inspection necessary information if you provide
their requests, and Fire Rescue
Czech Republic.

(7) The Ministry of the Environment Decree lays down the method and scope
accident reporting, disposal and elimination of their harmful consequences
.

§ 42

Remedial Measures

(1) To eliminate the consequences of illegal wastewater discharges, illegal
handling hazardous materials or accidents (hereinafter
"defective condition") store water authority or the Czech Environmental Inspectorate
environment on those who violate obligation to protect surface water or groundwater
(hereinafter the "originator"), an obligation to take measures to remedy the defective condition
(hereinafter "remedial measures"), or also
measures to ensure the replacement of water sampling, if so required by the nature of things
. Costs of implementing remedial measures borne by the person who was
remedial measures. If the person to whom measures were imposed, it is not and
risk of delay, ensuring remedial measures
water authority or the Czech Environmental Inspectorate at the expense
originator. The producer of the defective condition is considered to be the one who caused the defective condition
. When the accident occurred due to the intervention of the Fire and Rescue Service
Czech Republic or fire protection units,
not be considered the originator of the accident, if an intervention used
adequate resources.

(2) The water authority or the Czech Environmental Inspectorate saved by
necessary measures to remedy the acquirer of assets acquired
manner specified by a separate law, ^ 22) who is the originator of a defective state, but
whose property thus obtained is defective state bound. Thus
progresses water authority or the Czech Environmental Inspectorate in
if the acquirer of the assets it acquired the knowledge
environmental burden and if it was to him about it concluded a special agreement or if it was him
a discount on the purchase price due to a defective state, which is subject
remedial measures. In this way, proceed
water authority or the Czech Environmental Inspectorate, even if there is still
originator of the defective condition.

(3) The obligations resulting from the remedial measures imposed by the originator
defective condition under paragraph 1 or transferee of property pursuant to paragraph 2
transferred to their legal successors.

(4) If you can not impose remedial measures in accordance with paragraphs 1-3 and there is a serious threat
or pollution of surface water or groundwater
ensure the necessary steps to remedy the appropriate water authority of its own
initiative or the initiative of the Czech environmental Inspectorate.
May for that purpose impose implementation of corrective actions
legal entity or natural person doing business under special regulations, ^ 23)
which is to implement remedial measures professionally and technically competent.
The parties about the imposition of measures is just such a person;
appeal against this decision has no suspensive effect. For this purpose, the region establishes
within your budget special account replenished annually up to 10 million CZK
.

(5) from a special account set up by the Region pursuant to paragraph 4 can also pay
reimbursement of remedial measures to remedy environmental damage
to surface water or groundwater under the Act on the Prevention
environmental damage and its remedy and amending some laws-23a).
Relevant region shall send these funds to the competent authority under the Act on Prevention
environmental damage and its remedy and amending certain laws
without delay upon its request.

(6) The owners of the property on which the defective condition seriously, or whose property
be used when removing the defective condition and who are those who have been
remedial measures, must suffer execution

Remedial measures imposed or ordered by the water authority.
For this end, they must be allowed to enter or enter on their land and buildings and
tolerate limitation of normal use of its land and buildings.

(7) To enter or entry to buildings and equipment of the armed forces
Czech Republic, the Police of the Czech Republic, the Security Information
Services and the Prison Service of the Czech Republic pays special legal regulations
. ^ 24) | ||
(8) If the imposed remedial measures affecting foreign
land or buildings, you need to conserve as much as possible the rights of owners of the land and buildings
; entrance or driveway and proposed restrictions
normal use of land or buildings need them advance notice if there is no danger of
delay. Upon completion of the remedial measures are those who have been
measures to remedy imposed are obliged to bring their costs into land or buildings
previous state if their owners have agreed otherwise;
if remedial measures carried out on the basis of a decision of the water authority
pursuant to paragraph 4, pays these costs relevant municipality and the resources
state.

(9) Compensation for property damage or limitations resulting
owners in implementing remedial measures on their land or buildings
paid the one who was remedial measures. In the case referred to in paragraph 4
pays this compensation appropriate water authority.
Right to compensation must be claimed by the person to whom the remedial measures
saved, or their water authority within 6 months of its formation
otherwise it will expire. This provision shall not affect the right to compensation for damages
.
TITLE VI

Watercourses


§ 43
Watercourses


(1) Watercourses are surface waters flowing in the bed of their own slope
permanently or for most of the year, including water in them artificially
impounded. They include the waters of oxbow and in sections
temporarily flowing natural cavities under the ground or
covered sections.

(2) In case of doubt whether the water flow, water management decisions
office. It may also decide that the watercourse are also other surface water
than those referred to in paragraph 1.

(3) The provisions of the special Act 25) regarding torrent
not affected.

§ 44

Riverbeds

(1) flows when water flow over the land, which is registered in the Land Registry as
water area, a watercourse that land.
Flows when water flows over land that is not registered in the Land Registry as
water area, the watercourse of the plot
comprising a bottom and banks of the channel to the designated bank line
surface water that usually just pass through this trough without pours into
adjacent area.

(2) A natural watercourse is a trough or a portion thereof, which originated
natural action of flowing surface water and other natural factors
or performing remedial measures
interference caused by human activity, and that can change its direction, longitudinal and transverse slope
profile.

(3) If in doubt about the boundary watercourse or whether
is a natural watercourse, decided locally relevant
water authority.

§ 45

Changes watercourse

(1) A hit-water flow due to the forces of nature at its natural flood
trough and if there is a trough by the new owners may land manager
watercourse, as well as permission to use water that
are affected by the new status, apply individually or jointly, the water authority for permission to return
water flow at its own expense to the original channel. State may
applicants who receive permission to restore the watercourse channel following a flood
contribution (§ 102).

(2) is not restored when the original state, the state will buy the land
original or new watercourse, if this land was the owner of the land in question
offer. This does not apply to the land in question in
owned by municipalities.

(3) is not restored to the original state if the reason that the water authority
recovery in the public interest does not permit, valid for the owners of the affected land
option compensation in accordance with paragraph 2 and other authorized for water use, || | affected by this decision belongs reasonable compensation.

(4) The right to rehabilitation and compensation shall expire three years after the year in which
has changed.

§ 46


Protection of watercourses and their basins

(1) It is forbidden to change direction, longitudinal slope and cross section of the channel
water flow, damaging the banks benefit from riverbeds soil, sand or minerals
store and watercourses objects which could | || pose a threat to the continuity runoff, health or safety, as well
store such items in places from which they could be drifted into waters
.

(2) The preceding paragraph shall not apply to cases where the
activities therein carried out in accordance with this Act.

§ 47

Administration watercourses

(1) Watercourses are subject to administration. It is divided into significant watercourses and minor watercourses
. The list of significant watercourses
stipulated by the Ministry of Agriculture in cooperation with the Ministry of Environment
decree.

(2) Management of watercourses means the obligation

A) monitor the status of riverbeds and riparian terms
functions watercourse

B) take care of watercourse channels and maintain riparian vegetation on land
riverbeds or on land adjacent to them in width according to §
49 paragraph. 2 so as not to become an obstacle preventing the continuous flow || | water during the flood, having regard to their species composition
as possible with natural conditions of the site; This will not apply if
land earmarked for forestry,

C) operate and maintain in good condition dams in riverbeds
flows necessary to the security functions of the watercourse ^ 26) or water flow
mainly used for the administrator of watercourses own, or is
taking on other legal grounds,

D) to prepare and provide treatment riverbeds, if it serves to ensure the functions
watercourse

E) create conditions allowing authorized water
related to water flow; in emergency situations on watercourse
only if allowed by hydrological conditions and the state of the watercourse

F) notify the respective water authority serious defects which
found in the watercourse and its channel caused by natural or other
influences; simultaneously to propose remedial measures to restore the natural
watercourse channels, especially in specially protected areas ^ 27) and
territorial systems of ecological stability, ^ 28)

G) cooperate in remedying accidents on watercourses

H) propose measures to remedy the interference caused by human activity
leading to the restoration of natural riverbeds.

(3) The Ministry of Agriculture decree establishes the method of implementation
activities referred to in paragraph 2.

(4) management of major watercourses next to river management duties
under paragraph 2 shall include the following additional obligations:

A) operate and maintain in good condition dams on major rivers
ensuring legitimate use of surface water, which
significant watercourse own, or use them on other legal grounds
, || |
B) maintain the navigability of transport used by major waterways
including breaking ice stationery in public ports set
decree and branding and staked waterway waterways ^ 7);
Ministry of Agriculture and the Ministry of Transport shall designate
public ports where the ice break up stationeries,

C) maintain in good condition and well run foreign dams on water flows
, if so decided by the water authority (§ 59 para. 3)

D) control and influence by the management of complex handling regulations
water in the system of reservoirs,

E) to submit suggestions for processing, editing and manipulation to coordinate schedules
waterworks other owners,

F) cooperate in remedying accidents in the basin where it can
threaten water quality in major rivers,

G) submit to the water authority at its request for approval to the proposal
complex handling regulations, which coordinates the handling rules
individual water works forming system works
mutually influencing and water authorities to propose changes to permit || | waste water, if they are approved manipulation guideline prejudice;
Water authority is obliged to decide on such a proposal,

H) collaborate with the administrators of small watercourses in solving tasks
on waterways throughout the river basin area.


(5) Management of watercourses in accordance with paragraphs 2 and 4 must be exercised so as to
negative impact on aquatic ecosystems and water tied to a minimum,
with regard to achieving good water status under § 23a paragraph. 1 point. a)
points 2 and 3

§ 48

Watercourse administrators

(1) The administration of significant watercourses provide
legal entities established by a special Act (hereinafter the "river basin");
for the purposes of this Act shall be construed as administrator of watercourses.

(2) The administration of small watercourses or comprehensive
sections are authorized to pursue village whose territory the watercourse flows,
or natural or legal persons or organizational state, which
small watercourses serve or whose activities are related or
state-owned enterprises on the basis of the determination of the Ministry of agriculture. The designation
administrator and cancel the administrator of a small watercourse decides
Ministry of Agriculture on request; It does not apply in the case
determining administrator or revoking an administrator of a small watercourse
organizational component of the state or state-owned company whose principal business or
business is to manage small watercourses. Along with identifying
manager of a branch of the state or a state enterprise with
small water flow, in which the current administrator of state organizational unit or state enterprise
passes from the existing to the new administrator of a small watercourse
management right to land with a trough such
water flow, water works with such watercourse and related land under water
these parts if those buildings are owned by the state.

(3) in military zones ^ 29) manages the small water flows
Ministry of Defence. National parks provide for the administration of minor watercourses
Administration National Parks; for the purposes of this Act
Ministry of Defence and the National Park Administrations deem manager
watercourses.

(4) small watercourses, which was not intended
administrator of a small watercourse, performs their management watercourse administrator, which is
small watercourse tributary, until such time as determined by the administrator
pursuant to paragraph 2. it also applies if on smaller watercourse
to which it was not intended administrator of a small watercourse, consistent stretch
small watercourse, which has been designated administrator of a small water | || flow.

(5) The contents of the application under paragraph 2 and the elements necessary to issue
decision of the Ministry of Agriculture decree.

(6) watershed manager supervises the administration of small watercourses.
If an administrator of a small watercourse fulfilling the obligations under this
Act, the Ministry of Agriculture on a proposal from the administrator basin cancel
determine the administrator of a small watercourse.

§ 49

Authorization for managing waterways

(1) Watercourse administrators are authorized

A) the exercise of their rights and responsibilities to enter and drive in the necessary
extent on private land and buildings, unless there is a need permission
under special laws,

B) to care for a watercourse and after consultation with the owners of land
remove or newly planted trees and shrubs on the land when it
width in accordance with paragraph 2

C) require the submission of an authorization or approval of the water authority
concerning the watercourse and to determine whether these decisions
respected

D) give instructions for handling water works their users within
complex order handling system of water reservoirs in the watercourse
if it requires extraordinary situation.

Exercise their authority without prejudice
specific legislation concerning the protection of nature and landscape. ^ 31)

(2) Watercourse administrators can exercise in the management of water flow, if
absolutely necessary and after prior consultation with landowners to use
land adjacent to the watercourse, and it

A) watercourses which are significant waterways transport,
maximum width of 10 meters from the bank line,

B) for other significant watercourses other than under a)
a maximum width of 8 m from the bank line,

C) in small streams in a maximum width of 6 meters from the bank line.

(3) The water authority may, for the essential needs and necessary
necessary time to determine usage and greater width of land in the watercourse

Than specified in paragraph 2.

(4) causes the watercourse administrator in the exercise of authority pursuant to paragraph 1 or 2
damage is obliged to replace it. For damages, the general
regulations.

§ 50

Obligations of owners of land on which a watercourse channels

Owners of land on which watercourse channels are required


A) suffer on his land riparian vegetation, as well as general waste
waters in watercourse

B) maintain shorelines watercourse condition necessary to ensure
harmless water runoff, removing obstacles and foreign objects in
watercourse, except deposits, provided such activities do not
incurring extra costs, special
professional competence, or use special techniques

C) to submit to his land waterworks located in the bed of the watercourse
built before the effectivity of this Act,

D) report to the watercourse administrator obvious defects in the bed of the watercourse,

E) suffer on their land without compensation location devices to track
status of surface and groundwater and ecological functions of the watercourse
example of navigation signs, etc.,

F) allow the water authority, the Czech Environmental Inspectorate, as well as
watercourse administrator to exercise their privileges

G) to submit them pass people along watercourses;
exemption from this obligation may allow the water authority, after consultation with the relevant
watercourse administrator; It does not apply to land in built-up areas and
fenced land

H) to submit to its land natural watercourse.

§ 51

Obligations of owners of land adjacent to the riverbeds

(1) Owners of land adjacent to the riverbeds are required

A) enable the watercourse administrator to exercise its authority,

B) suffer on their land without compensation location devices to track
status of surface and groundwater and ecological functions of the watercourse
placement of navigation signs, etc.,

C) to submit, after prior consultation with them, after their passage of persons;
It does not apply to land in built-up areas and fenced plots

D) to submit to its land natural watercourse.

(2) The water authority may landowners adjacent to watersheds
waterways prohibit felling trees and shrubs providing stability
bed of the watercourse.

(3) If the exercise of these rights give the owner of the land damage
is entitled to a reimbursement.

§ 52

Obligations of owners of buildings and facilities in watercourse channels or adjacent to them


(1) Owners of buildings and facilities in watercourse channels are required
remove objects caught or stuck on such structures and
equipment and dispose of them according to the law. ^ 32)

(2) Owners of buildings that are not water parts or equipment
watercourse channels or adjacent to them are required in the public interest
care of their static security and general maintenance, not to endanger
surface water flow, and secure them against
damage caused, leaving water and ice. Where to disrupt
runoff occurs due to neglect these buildings or equipment
their owners are obliged at its own expense to rectify and smooth
fully restore water runoff; otherwise the water authority is entitled to ensure
remedy at the owner's expense; liability for damage caused
malpractice of the building or facility in the bed of the watercourse
or with the adjacent unaffected.

§ 53

Doubts about the scope of its duties and powers

In case of doubt about the scope of duties or privileges of river basin administrators and watercourse administrators
decides the Ministry of Agriculture. That decision also
doubts about the scope of responsibilities of landowners
watercourse flow, the owners of land adjacent to the watercourse channels and owners
buildings and facilities in the watercourse or adjacent to it.
If there is such a doubt in the water right proceedings to which the participant
one of its obligations or rights question arose
water authority decides that such proceedings are conducted.
TITLE VII



Basin management
§ 54

(1) Management of river basin means the administration of significant watercourses (§ 47 para.
4), some activities related to the detection and evaluation of state

Surface and groundwater in the catchment area (§ 21)
and other activities carried out by river basin under this Act.

(2) management of river basin performed by administrators.

(3) River basin administrators provide for the activity of water authorities, at their request
, technical, economic and other data when it is available.

(4) River basin administrators in its work serving suggestions, proposals and expressions
water authorities and other administrative authorities in terms
interests of the relevant plans in the water sector and in terms of other interests
studied law, especially in matters of protection of water conditions, protection
water, efficient use of water resources, minimum residual
flow of watercourses, minimum groundwater level and at
temporary shortage of water. They shall also provide an opinion of the watershed
especially for issuing permits for water use [§ 8 par. 1 point. a)
c)] to permit some selected activities [§ 14 para. 1
point. a) to c)], for issuing building permits for water works (§ 15)
to report water works (§ 15a) for approval (§ 17) and
issuing terms (§ 18) in which review compliance plans put,
perform, modify, or remove construction, equipment, or perform other actions
with the above interests, if such intentions could affect
water conditions, energy potential, or the quality or quantity | || surface water or groundwater.

(5) River basin administrators collaborate with the administrators of minor watercourses and
authorized expert bodies in addressing the challenge of the whole catchment area
.

(6) River basin administrators are registered within the relevant catchment areas, reducing
retention capacity of floodplains due to changes in territory-32a)
particular implementation structures for flood protection and the exercise of their competencies propose
the competent authorities
way to compensate for any negative effects of changes in the area on the retention capacity of floodplains.
TITLE VIII

WATER WORKS


§ 55
Water works


(1) Water Works are buildings that are used for impounding and retention of water
artificial regulation of the runoff of surface waters, to protect and
water use, water disposal, protection against the damaging effects of water | || for adjustment of water conditions or for other purposes pursued by the law, and especially


A) dams, dikes, dams, weirs and basins,

B) buildings, which are adjusted, changing or establish watercourse channels

C) construction of water mains and water supply facilities including water treatment plants,
sewers, sewage facilities, sewage treatment plants,
as well as building the wastewater before discharge into sewers
,

D) structures for flood protection

E) structures for reclamation, irrigation and drainage
land

F) buildings which are for shipping purposes established in watercourse channels
or on their banks,

G) buildings for the use of hydropower and energy potential

H) construction of tailing ponds

I) structures used to observe the state of surface water or groundwater

J) wells

K) structures for mountain streams and ravines, unless a special law ^ 25)
unless otherwise

L) other structures needed for water povolovanému according to § 8

(2) Water treatment as earthworks and changes in terrain
natural watercourse channels and on land adjacent to them
which substantially changes the natural watercourse channels and which are necessary to ensure
functions watercourses.

(3) The water works under this Act shall not be particularly easy
facility outside of river beds on land or buildings
to capture water and to protect them from the harmful effects
surface or ground water, water treatment , including non-outflow wells
inlet pipe, internal water mains and internal sewerage, water and sewage connections
exploratory hydrogeological boreholes if not used for
sampling groundwater, other facilities built in the context of geological works
^ 8 ) and drilling to exploit the energy potential groundwater
if there is no pumping or sampling groundwater.

(4) In case of doubt whether the waterworks decides
locally relevant water authority.

§ 55a


Rights to land and buildings, necessary for the implementation of public utility buildings
flood protection, you can withdraw or restrict
procedure laid down in the Expropriation Act.

§ 56

Buildings for land reclamation

(1) Under construction for land reclamation for the purposes of this Act, be deemed

buildings
A) for irrigation and drainage,

B) to protect the land before water erosion.

(2) Buildings for drainage of agricultural land for the purposes of this Act
divided into the main drainage facilities and detailed drainage facilities, while
detailed drainage facility means for underground drainage
collection of trunk drains, drainage shafts and outlets for
surface drainage ditches and collecting objects on them.

(3) Detailed definition of structures for land reclamation and
parts and the manner and extent of care set by the Ministry of Agriculture
decree.

(4) The owner of the land on which the building is located on water management
land reclamation or its part, related to more land or
was established in the public interest that was built before the effectivity of this Act
is obliged

A) suffer the structure for land reclamation or its part
on its property

B) use the land so as to not adversely affect the function of the building to
land reclamation or parts thereof

C) report to the owner of the structure for land reclamation, possibly
water authority, obvious defects in the function of the building or its
part

D) to submit to his land enjoyed to the extent necessary for the maintenance of the structure
land reclamation or its part.

(5) The water authority is entitled to decide in doubt about the extent
obligations of the owner of the land on which the building for water management
reclamation or its part is located, owners of land adjacent to
land on which it resides construction to reclamation
land or part thereof, or of the duties of the trustee
downstream watercourse to ensure the functionality of the structure for land reclamation
.

(6) Management of structures for land reclamation,
which are owned by the state, the state performs its departments
for this purpose by the Ministry of Agriculture will establish if
Ministry of Agriculture agrees on management these buildings with
legal persons to whom these structures can be used, or whose activities are related
.

§ 57

The use of water cannons others

If you have an immediate benefit from the waterworks another authority (§ 8) than
owner of this water work is required to contribute to covering the costs
maintenance of water works. Unless the owner of the waterworks and
authorized to agree on the amount and method of payment of expenses, the court decides.
This does not apply if the owner of the water work is watercourse administrator
a person authorized to use water according to § 8 of this water work is
obliged to pay the fee for watercourse management and basin management || | under § 101, and if the person authorized to use water according to § 8
use water only to exploit the energy potential
to generate electricity in hydroelectric power plants having a total installed output of production
10 MWe.

§ 58

Protection waterworks

(1) It is prohibited to damage water works and functions.

(2) In particular, it is forbidden

A) of protective dikes planted trees, ride them vehicles
if not the maintenance, except in designated areas,

B) harm gauges, meters, stigma, water marks, brand
large plants and other installations designed to carry out the tasks set out in this Act.

(3) The water authority may, upon motion of a water project in order to protect his
general measure to establish buffer zones along it and
prohibit or restrict them to the nature of the water work placement and implementation of certain buildings
or activities. The owners of land and buildings in
protection zone have towards the owner of the waterworks
entitled to compensation for property damages caused to them above prohibitions or restrictions arises.
Barring between the owner of the land and buildings in the protected zone and
owner of the waterworks agreement on the amount of compensation, decide on the amount
court.

§ 59


Obligations of owners of waterworks

(1) The owner of the waterworks is required

A) comply with the conditions and obligations under which the water work
permitted and put into operation, especially to adhere to rules and approved
handling rules, promptly notify the water authority
changes having an impact on the content handling regulations and submit
water authority to approve a proposal to adjust the handling regulations so as to be consistent with
complex manipulation guideline according to § 47 para. 4 point. G);
requirements and operational handling systems the Ministry of Agriculture
decree

B) maintain waterworks in good condition so as to avoid endangering
safety of people, property and other interests protected

C) carry out at its own expense at the waterworks
technical and safety oversight, if that monitoring water project is subject

D) carry out at its own expense measures which the water authority to impose
eliminate defects found water works, especially by the water
supervision

E) follow the instructions watercourse administrator in case of an emergency on the affected
watercourse

F) remove objects and matter trapped or stuck on the waterworks and
dispose of them under a special law, ^ 32)

G) fitted with the water works, brand, or gauge A water mark,
enable continuous data on flow rates of water flow, or provide special treatment
spillway or outlet by the decision of the water authority,

H) fitted with the water works, navigation signs,

I) waterworks serving for impounding water in the watercourse
maintain at its own expense in good condition bottom and the banks of the backwater and care
in it a continuous flow of water, especially to remove silt and obstacles
and if it is technically possible and economically viable, to create conditions for
migration of aquatic animals, unless the construction

J) remove natural seeding vegetation from the levee serving for flood protection
to impoundment or storage of water;
these obligations, with the exception of protection of protected trees, especially protected species of plants
especially protected animals and wild birds
apply the law on protection of nature and landscape-14a). Before deleting the
unless the danger of delay, the owner of the waterworks
obliged to announce its intention to nature conservation authority

K) to carry out every two years by a person qualified
eligible by the Ministry of Environment technical revisions
waterworks announced pursuant to § 15a, and the results of these revisions pass
until 31 December of the year the water authority. The owner of the water
work is obliged to eliminate the detected deficiencies within 60 days from
conduct the review.

(2) Authorization for the implementation of technical revisions announced by the waterworks
§ 15a may be awarded to a person who has sufficient professional level
technical, administrative and organizational support, and meets the requirements
qualified for the revision.

(3) The water authority may order the owner of the waterworks
process and submit it for approval to the handling procedure waterworks;
may also determine the conditions under which decisions on approval issues, and the deadline for submission
or handling of the submitted order to save
perform additions or other modifications. It may also impose agreed to change
handling regulations waterworks and its submission for approval.
Handling Regulations approves water authority for a limited period of time.

(4) In exceptional cases, the water authority may impose or permit
owner of the waterworks extraordinary manipulation of the water works beyond the approved
handling regulations. In this case the owner of the waterworks
obligation to pay authorized to use water in this
work for it, it can not dispose of the water in the maximum permitted amount
with certain characteristics.

(5) If required by the public interest and if the person who is obliged to do,
not fulfill these obligations properly and has not completed when the situation within a specified period,
water authority may decide that another person takes over
necessary for a necessary operation and maintenance of water works. The operation and maintenance
caters to a designated person at the expense of the person who was obliged to fulfill them;
Unless such person carries these costs become.

(6) The removal of barriers to migration of aquatic animals in the water

Flow caused by water works buildings built before the effective date of this Act
become involved.

§ 59a

Obligation to owners of land on which there is water works

Landowner is obligated to tolerate for compensation for his land, water
work built before January 1, 2002, and its use.

§ 60

Entry to land

(1) Owners of land adjacent to the water works are required
after prior consultation with them in order to enable the operation and implementation
maintenance of water works to the extent necessary access and entry to their land
those who provide operate or maintain these dams.

(2) If access to land arises owner of the land damage, the
entitled to a reimbursement.

§ 61

Technical and safety supervision of waterworks

(1) Technical and Safety Supervision of water works (hereinafter
'technical and safety supervision ") means identifying the technical state
water project for damming or water retention in terms of
security and stability as possible the causes of their failures.
Carried out mainly by observation and survey the waterworks, measuring its
deformation monitoring seepage water, as well as assessing the results of all
observations and measurements in relation to predetermined limit or critical
values. Part of the technical and safety supervision includes drafting
proposals for measures to correct the shortcomings.

(2) In terms of technical and safety supervision of the water works are divided into
I to IV. categories according to risk to human lives
possible damage to property in the surrounding area and loss of limitation functions and benefits in the public interest
.

(3) Definition of waterworks subject to technical and safety supervision
the criteria and procedure for the inclusion of waterworks into categories
scope and frequency of technical and safety supervision at individual categories
waterworks and in various stages of their | || preparation, construction, reconstruction or operation and requirements of the program
technical and safety supervision of the Ministry of agriculture
decree.

(4) The applicant for the authorization of new or changes to the completed water project
defined by decree in accordance with paragraph 3 shall be obliged to apply for admission
submit a report for inclusion in the category of waterworks proposal
conditions of implementation of technical and safety supervision, which processes
person referred to in paragraph 9.

(5) The obligation to ensure the water works, technical and safety supervision,
its entirety, if necessary on the conditions for its implementation and inclusion
waterworks into categories I to IV., Water authority will decide with regard
to critique the preceding paragraph, generally within
building permits or amendments thereto. The issuance of this decision may
reserve for water projects beyond their effect pursuant to paragraph 2
territory of the water authority regional authority if the impact
under paragraph 2 exceeding the Region Ministry of Agriculture.

(6) The water authority may decide to change the category of waterworks,
range of technical and safety supervision, or the terms of his
assurance if they are significantly changed the conditions under which the previous
decision was issued.

(7) The water authority transmits information including waterworks into
I to III. category or change the category classification
Ministry of Agriculture.

(8) The overall records including water cannons to I to III.
categories kept by the Ministry of Agriculture.

(9) Carry out technical and safety supervision of waterworks I to III.
Category, process reports for inclusion in waterworks I to IV.
Category in terms of technical and safety supervision and process
program of technical and safety supervision can only
qualified person authorized by the Ministry of Agriculture (hereinafter the "authorized person").
If such a person is the owner of the waterworks I or II. category, not
on him to perform technical and safety supervision process itself and for him
technical and program oversight.

(10) The authorization to carry out activities pursuant to paragraph 9 first sentence can be granted
only person who has the expertise, staff and material equipment and
meets the requirements for qualified performance of these activities.

§ 62

Obligations of owners and builders of waterworks at the Technical and Safety Supervision



(1) Technical and oversight is required to ensure at its own expense
owner or builder of the waterworks, to the extent provided
decree of the Ministry of Agriculture according to § 61 paragraph.
Third water authority may lay down other duties to carry out this oversight.

(2) For water projects included in the I-III. category is obligated to their
owner or builder to ensure the technical and safety supervision
authorized person and to participate in its implementation to the extent
Decree of the Ministry of Agriculture. For water works III.
Category can perform technical and safety supervision
owner or builder himself, if authorized person.

(3) For waterworks IV. Categories can perform technical and safety supervision
owner or builder himself.

(4) In carrying out the technical and safety supervision, the owner or builder
waterworks included in I to IV. Category obliged

A) appoint a natural person responsible for the technical supervision and
announce its full name, home address or work phone number and
respective water authority; u waterworks IV.
Category for the person responsible for the technical supervision
considered the owner of the waterworks, if not designated another person

B) Appropriately water authority to inspect water works, and it works with
I category once a year, in buildings II.
category once every 2 years for construction III. category once every 4 years and construction IV.
Category once every 10 years

C) for waterworks I to III. Category submit reports on the results
technical and safety supervision on the dates referred to in subparagraph b) or,
occurred are exceptional circumstances affecting the safety of the water work,
respective water authority; u waterworks IV.
category to submit a report on the survey in terms referred to in point b)

D) waterworks I to III. Category pass water authority
technical and safety supervision program or change it.
TITLE IX

FLOOD PROTECTION

Part 1

Flood protection


§ 63

(1) Flood protection means actions and measures to prevent
and manage flood risk in vulnerable areas.
Provides a systematic prevention and operational actions.

(2) Operational measures are ensured by flood plans and
during a state of emergency by the emergency plans ^ 34).

(3) To ensure protection against floods, everybody is obliged to allow the input, possibly
entrance to their land or buildings for those who govern,
coordinate and execute security and rescue services, contributing to the command
flood bodies personal and material help to protect lives and property against floods
and obey the orders of flooding bodies.

(4) If, during this activity was the owner of the land or building
damage, is entitled to compensation.

§ 64
Floods


(1) Flood For the purposes of this Act, a temporary
significant increase in the level of rivers, streams and other surface waters, where
water has already flooded areas outside the watercourse and may cause damage
. Flooding is also a condition where water may cause damage by a
a territory temporarily unable to naturally drain or
drainage is inadequate or there is flooding in
Concentrated runoff rainwater. Flood
can be caused by natural phenomena, in particular the melting, rainfall or run ice
(natural flood), or other influences, especially disorders of water works
which may lead to a crash (failure) or emergency
solution to the critical situation of water works (special flood).

(2) Flooding begins with the announcement of the second or third degree of flood
activity (§ 70) and ends with reference to the third degree of flood activity,
unless at the time of dismissal third degree of flood activity declared
second flood stage activities. In this case ends flood appeal
second degree of flood activity. Flooding is also
situation referred to in paragraph 1, which was declared the second or third flood stage
activities, but state or flow of water in their profile or crash
reached a standard level for any of these steps flood || | activities by the flood of the relevant territorial unit.

Doubts about whether a particular area at a particular time of the flood,
decide if either of these conditions, the water authority.

(3) The flood risk is considered especially when the situation

A) the specified limit water level or flow in the water
flow and its rising trend

B) prolonged abundant rainfall, or prognosis
risk of intense rainfall, expected the sudden melting of ice
dangerous operation or occurrence of dangerous ice jams and
nápěchů or

C) creation of an emergency water works, the danger of his
disorders.

§ 64a
Flood risk management


(1) Flood risk management focuses on
mitigate possible adverse effects of floods on human health, the environment,
cultural heritage and economic activity, and if it is deemed appropriate
on non-structural measures nature or to reduce the probability of flooding
.

(2) Flood risk is the combination of the probability of occurrence
floods and their potential adverse effects on human health, the environment
environment, cultural heritage and economic activity.

(3) The preliminary flood risk assessment is the basis for defining
areas with a significant flood risk. For these territories are treated
or updated flood hazard maps, flood risk maps and management plans
flood risk.

(4) Flood hazard maps defining areas that could be inundated by
different flood scenarios, using the specified
floodplains. Flood risk maps shall show the potential adverse consequences of floods
according to these scenarios.

(5) Plans for flood risk management are part of the planning
in the water and taking into account relevant aspects such as costs and benefits
, extent and flood retention capacity of flood
areas, water protection objectives pursuant to § 23a paragraph. 1, soil and
water management, spatial planning, land use, nature conservation, shipping
transport and port infrastructure. Plans for flood
risk involved in all aspects of flood risk, while
focusing on prevention, protection, preparedness, including flood
forecasts and early warning systems and taking into account the characteristics
particular river basin or sub basin. Plans for flood
risk may also include the promotion of sustainable land use,
improve water retention and
controlled flooding of certain areas in the event of a flood.
Part 2


§ 65
Flood measures


(1) Flood measures are preparatory measures, carried out during
risk of flooding during flood and measures implemented after the flood.

(2) Preparatory measures are

A) determination of floodplains,

B) defining the limits of standard flood activity degrees,

C) flood protection plans,

D) flood inspections,

E) preparation of flood forecasting and warning services

F) organizational and technical preparations

G) creating a massive flood of reserves,

H) preparation of the participants of flood protection.

(3) Measures at risk of floods and floods are

A) the activities of flood prediction service

B) the activities of the flood warning service,

C) warning of flood danger,

D) the establishment and operation of the patrol,

E) the evacuation of floodplains,

F) controlled influencing runoff,

G) flood safety work,

H) flood rescue work

I) security features and replacement services in the area affected by the floods.

(4) The measures after floods are

A) registration and documentation work,

B) assessment of the flood situation including incurred flood damage,

C) flood recovery and rehabilitation of the area after the flood.

(5) Flood provisions under paragraphs 1 to 4 are the construction, maintenance and repair
buildings and other facilities used for flood protection, as well as investments
induced floods.

§ 66


Floodplains
(1) Flood plains are it identified areas that could be
upon the occurrence of natural flood inundated. Their range is required

Lay on the proposal from the administrator of the watercourse, the water authority.
Water authority may impose a watercourse administrator obligation to prepare and submit such
proposal in accordance with the plans of the main catchment and river basin district plans.

(2) In built-up areas, in the areas suitable by
territorial planning documents, if necessary, also in other areas, define
water authority on a proposal from the administrator of the watercourse active zone of the flooded area by
danger of flood flows .

(3) The method and scope of drafting and determining the flood plain areas
and documentation stipulated by the Ministry of the Environment
decree.

(4) The water authority, which flooded area provided
ensure access to documentation and forward a copy of this documentation
Ministry of Environment.

(5) If flood plains are not addressed, they can water management and construction
authorities and planning authorities in its activities rely largely on the available evidence
river basin administrators and watercourse administrators about likely
border areas threatened by floods .

(6) The Ministry of Environment according to documents
administrators of water flows provides guidance documentation provided to the flood plains
Czech Republic and secures record in the information system of public administration
.

(7) flood plains and their active zones are determined by actions
general nature.

(8) changes floodplains and their active zones
paragraphs 1 to 4 shall apply mutatis mutandis.

§ 67

Restrictions in floodplains

(1) in the active zone of floodplains may not be placed, permit or carry
structures with the exception of water works, which govern the watercourse
convert flood flow, implement measures to protect against floods or
that otherwise relate to the watercourse or governing
improve drainage conditions, structures for collecting water, waste water and drainage
rainwater and necessary transport and technical infrastructure
, making structures ones, if they are
set up in the flood area in cadastral areas defined by Law no.
97/1996 Coll., on the protection of hops, as amended, for
conditions that will simultaneously be implemented such measures that will || | minimize the impact on flood flows; It does not apply to construction and maintenance
alterations, unless there is a deterioration in the runoff.

(2) in the active zone is further prohibited

A) mine minerals and soil in a manner deteriorating the surface water and carry out landscaping
deteriorating the surface water flow,

B) to store washed away materials, substances and objects

C) establish fences, hedges and similar obstacles

D) establish camps, camps and other temporary accommodation.

(3) outside the core area in the flood water authority may determine
general measure limiting conditions. When conditions change, it may
same procedure to change or cancel. Thus progresses even if
unless active zone established.

§ 68

Areas designated for controlled flooding

(1) In areas designated for controlled flooding plots
are considered necessary for impounding or accumulation of surface water
publicly beneficial structures for flood protection, to which was restricted
ownership rights agreements or practices pursuant to § 55a.

(2) For the loss suffered leveling controlled flooding on land
field crops, forests and buildings in the area referred to in paragraph 1
belong to the victim compensation, which provides cash
state represented by the Ministry of Agriculture. The amount of compensation for damage to crops
construction or down depending on the amount of the costs necessary to launch
land or building to its original condition, including the cost of removing unwanted
silt, the amount of compensation for damage caused to || | field crops based on market prices at the time of field crops
TVR, including the cost of disposing of damaged field crops;
amount of compensation for damage caused to forests is determined by
Forest Act-33a). Procedure for identifying and claiming damages
and the procedure for determining the amount determined by the Government.

(3) Compensation includes also the financial damage arising on disposal of entitlement

Subsidy provided under the Agriculture Act, which damaged
lost in connection with controlled flood overflows.

(4) The injured, who has been offered compensation under paragraph 2
not provide state aid due to inundation by flood
law on state aid in the reconstruction of areas affected by natural or other disaster.

(5) The injured not entitled to compensation if they fail to comply with the conditions laid down for
way to use land intended for flood overflows.

§ 69

Territory threatened by special floods

Territory threatened by special floods are areas that may be at special
occurrence of floods inundated. If the crisis
anticipated extent of territory threatened by special floods significantly exceeds
floodplains, define their extent in this plan.
For its acquisition of the special law. ^ 34)

§ 70

Degree of flood activity

(1) of flood activity for the purposes of this Act, a measure
flood hazard linked to standard limits, which are generally
water levels and flows in the watchers profiles on watercourses
or to limit or critical values ​​of another phenomenon
specified in the relevant flood plan.

(2) The scope of the operational measures implemented to protect against specific
floods are governed by dangers or the development of a flood situation, which expresses
three levels of flood activity, which are:

A) first stage (alertness) occurs when natural flood danger
and expires If the cause of such hazards; This condition is also issuing a warning
information flood forecasting service;
Requires focused attention watercourse or any other source
flood hazard launching the mouthpiece and patrol;
on the waterworks takes this status upon reaching the limits
observed phenomena and facts from the standpoint of safety at work or
finding of exceptional circumstances, which could lead to the creation of a special
floods

B) the second level (state of emergency) is announced as the danger grows
natural flood in the flood, but no larger spillway and
damage outside the trough; shall also be declared when limits are exceeded
observed phenomena and a water management structure in terms of its
security; energize the flood authorities and other participants
protection against floods are reported to emergency funds for security
work carried mitigation measures during the flood by flood
plan

C) the third level (state of emergency) shall be declared in imminent danger
or damage to a large extent, endangering lives and property in the flood area
; shall also be declared when critical values ​​
observed phenomena and a water management structure in terms of its security
simultaneously with the initiation of emergency measures;
carried the flood security works by flood plans as necessary
rescue or evacuation.

(3) second and third flood stage and announced in referring
its jurisdiction flood authorities. The basis of achieving or
weather achieve benchmark levels or flow limit set
in flood plans, report forecasting or flood warning service,
recommendations watercourse administrator notification owner of the waterworks,
or other facts characterizing peace flood hazard.
The announcement and the revocation of flood activity is the flood protection authority is obliged to inform
entities listed in flood plans and higher flood protection authority.

(4) Standard limits of water stages for announcing flood levels
activities are included in the flood plan and are binding for flood plans
lower grades.

§ 71
Flood plans


(1) Flood Plan for the purposes of this Act shall mean documents which contain
way of ensuring timely and reliable information on developments
floods, the possibility of influencing the runoff, organization and preparation
safety work; further comprises a method for ensuring the timely activation of flood
authorities, warning and security patrol and protection
objects, preparation and organization of rescue work and ensuring
floods disrupted basic functions in objects and territories and set

Standard limits of flood activity degrees.

(2) The contents of flood protection plans are divided into

A) the substantive part, which includes the information needed to ensure protection against floods
particular object, village, river basin or other territorial
whole standard limits for the announcement of flood activity degrees,

B) the organizational part, which contains a list of names, addresses and connection method
participating in flood protection tasks for each
participants of flood protection, including the organization of the warning and patrol
services

C) graphical part, which usually contains maps or plans on which
are drawn mainly floodplains, evacuation routes and locations
concentration, Flood, information sites.

(3) flood protection plans of territorial units are

A) municipal flood protection plans, which are processed by municipalities whose
territorial districts may cause floods,

B) flood protection plans of the administrative districts of municipalities with extended powers
process municipality with extended powers,

C) flood protection plans of administrative districts of counties that
processed by the competent regional authorities in delegated competence in cooperation with river basin administrators,

D) Flood Plan of the Czech Republic, which handles
Ministry of the Environment.

(4) For buildings threatened by floods, which are located in the flood plain
territory or may worsen floods, flood plans
process for themselves and for cooperation with the flood municipal authority
their owners. In case of doubt about the scope of this obligation, or the fact that
buildings can worsen floods, water authority will decide.

(5) The water authority may impose an obligation to process the flood protection plan
land owners, which are located in floodplains, where
necessary with regard to the method of their use.

(6) For flood protection plans of territorial units (paragraph 3) processors
examined annually timeliness rule before the season
spring thaw and the verification of documents. Other flood plans (paragraph 4)
processors reviewed a substantial change in the conditions under which
been processed. If a review reveals the need for modifications or additions
flood plan to do so without delay processors.

(7) factual and graphic part of a flood plan and its territorial units
change processors submit the superior authority for flood
confirm compliance with the Flood Plan higher level. For flood plans
land and buildings of the compliance flood protection authority of the municipality. If it is a building
going beyond the scope or impact on the environment significantly municipality, confirming compliance
senior flood authorities and lower authorities about the flood
inform. Confirmation of conformity becomes factual and graphical part
flood plan binding. Organizational part of a flood plan
processors continuously regulate and provide flood protection authorities concerned
parties and flood protection to use, if they are not
accessible to the public administration portal electronically.

§ 72


Tours Flood
(1) flood the inspection reveals that the watercourses, water
works and in floodplains, or on objects or devices
lying in those territories are not defects which could increase the risk of flooding
or its harmful consequences.

(2) Flood tours organize and carry out flood authorities by
flood plans, at least once a year.

(3) Flood authorities may, on the basis of flood inspections invite
owners of the land, buildings and equipment in the flood area to remove
objects and equipment, which may cause deterioration runoff
or blockage downstream riverbed below . If these owners challenges in the
specified period disobey, impose such an obligation decisions.

§ 73

Flood forecasting and warning service

(1) flood forecasting service informs flood authorities or other participants
flood protection, the dangers of flooding, a
its formation and further dangerous development, a hydrometeorological
elements characterizing the formation and evolution of floods especially on precipitation,
water levels and flows in selected profiles. This service provides
Czech Hydrometeorological Institute in cooperation with the administrator
basin.


(2) flood warning service provides information
flood protection authorities to alert the population in the place of the expected flooding and places
lying below the watercourse, flood authorities and inform participants
flood protection on the development of the flood situation and forwards messages and
reports required for its evaluation and management measures to protect against floods
. The flood warning service to organize flood authorities
municipal flood authorities and administrative districts of municipalities with extended powers
and contribute to other participants of flood protection. The security
flood warning services are organized by local authorities in flood
if necessary patrol.

(3) Owners of hydraulic structures impounding water announce a special flood hazard
flood competent authorities
Fire Rescue Service of the Czech Republic and in case of danger of delay
warn threatened individuals and legal entities.

(4) For the transmission of information flood forecasting and warning services
uses operational and information centers
Fire Rescue Brigade of the Czech Republic and the integrated rescue system ^ 35).

§ 74

Flood rescue

(1) flood rescue work are technical and organizational measures implemented
flooding in the threatened or already
flooded areas to save lives and property, in particular the protection and
evacuation of the population from these territories, care them for the necessary
time saving property and its relocation outside the threatened area.

(2) Flood relief work in cases when human lives
or economic interests, which are transport, supply, communications and health care
, provide flood authorities in cooperation with the components of the integrated rescue
system.

§ 75

Flood security activities

(1) flood with security work includes technical measures
conducted at risk of flooding and flood mitigation during
flood and its harmful consequences.

(2) Flood security activities are mainly

A) removing barriers to water flow and profile objects (culverts, bridges
) precluding continuous flow of water

B) breaking up ice jams in nápěchů and watercourse

C) protection of the riverbed and banks of flood flow against distortions and ensuring
riparian gullies,

D) measures against overflowing or bursting dykes,

E) measures against overtopping or dam failure waterworks retention
water

F) temporary closure protržených dams

G) installation of flood barriers,

H) measures to prevent backflow of water, especially the sewerage,

I) measures to limit water pollution

J) measures to ensure the stabilization of the area before the landslide.

(3) Flood security activities provide administrators watercourses
watercourses and the owners of the affected buildings, possibly other subjects
plans by flood or flood command authorities.
Security work, which may affect the drainage conditions and the course
floods must be coordinated with the relevant administrator
basin across the watercourse or the entire basin.
Safety work carried out on the waterworks included in the I. and II.
category is discussed with the person in charge of the technical and safety supervision
(§ 61 paragraph. 9) if there is no danger of default.

§ 76

Documentation and evaluation of flood

(1) The purpose of documentation is to provide objective evidence and records
about the flood, on measures taken to protect against floods, a
causes and size of damage and other circumstances related
floods. This mainly serves the records in the flood book, continuous
record water levels and approximate values ​​of velocity and flow,
continuous recording of data on operation of water works influencing the course
floods, labeling reached maximum water level measurement and || | plotting flooding, water quality monitoring and possible sources of contamination
, photographic images and film footage, purpose
field survey and investigation.

(2) Flood municipal authorities and municipalities with extended powers and participants

Flood protection, which it is imposed by law, process
report about the flood, which was announced during the flood activity occurred
flood damage or were carried out flood security and
rescue work. Flood authorities carry out an evaluation floods that
includes an analysis of the causes and course of the flood, description and assessment of the effectiveness of measures taken
, factual extent and expert estimate of flood damage
a proposal for measures to eliminate the consequences of the flood.
Message processed within 3 months after the end of the flood, if necessary
extensive documentation work is carried out additional evaluation within six months after the end
floods.

(3) The records of assessed flood basin and provide administrators
terms of hydrological Czech Hydrometeorological Institute.

(4) Reports of floods are transmitted to a higher utilization of flood
authority and to register river basin.
Part 3


Flood authorities

§ 77

(1) protection against floods provide flood authorities.
Management of flood protection includes preparation for floods, management
organizing and controlling all relevant activities during floods and
period immediately after the flood, including the management, organization and control of activities
other participants Protection flood.
Flood authorities in their actions by the flood plans.

(2) During the flood outside the flood protection authorities

A) and municipal authorities in the capital city of Prague authorities boroughs,

B) municipalities with extended powers and in Prague
authorities boroughs determining the status of the capital city of Prague,

C) regional authorities,

D) The Ministry of the Environment; Security preparations
rescue work for the Interior Ministry. ^ 34)

(3) During the floods are flood protection authorities

A) Flood Commission and villages in Prague Flood Commission
boroughs,

B) Flood Commission of municipalities with extended powers and the capital city of Prague
Flood Commission boroughs set
Statute of the Capital City of Prague

C) Flood Commission of regions

D) Central Flood Commission.

(4) Flood authorities may make during the flood measures and issue
operational commands to ensure protection against floods, in justified cases
beyond existing flood protection plans that in such a case must
immediately notify the person concerned. All accepted
measures and issued commands are entered in the flood and books must be available for inspection
persons with competence locally
respective flood authorities, or in a manner allowing remote access
. Issuing these commands are not covered by an administrative order.
Extraordinary powers begin to flood authorities announcing
second or third degree of flood activity and ends citing these stages.

(5) Flood authorities or other persons at their command are in the flood
for the purpose of carrying out rescue and safety work entitled
extent necessary to enter a foreign land and buildings.

(6), government agencies and other institutions are obliged to help
flood protection authorities on their request, in ensuring the protection against floods.

(7) Flood lower authority may request the flood authorities
higher grades to take control of flood protection in the event that their own forces
unable to do so.

(8) Flood authority which takes over management of flood protection on the basis of a request
flood lower authority or on its own
decision, is obliged to notify the competent authorities of flood lower
date and time of receipt, the scope of cooperation , termination of the protection against floods and perform
about enrollment in the flood book. Lower flood
authorities also remain active, carried out within its territory
measures according to their flood plans in coordination with higher flood
authority or under its direction.

(9) If the state of emergency under a special
Act ^ 34) takes over the entire area for which the state of emergency declared,
management of flood protection authority to do so under this | || Act.

§ 78

Flood municipal bodies


(1) The municipal council can to fulfill tasks for flood protection, if it is in their territorial districts
possibility of flooding, flood establish a commission
otherwise it serves the municipal council. Chairman Flood Commission
village's mayor. Other members of the commission are appointed from members of the municipal council and
natural and legal persons who are eligible to
implementing measures or aid for flood protection.

(2) Flood municipal authorities are subordinate to flood the municipal authority with extended powers
.

(3) Flood municipal authorities in their territory within
security challenges for flood protection

A) confirms compliance factual and graphical parts of the flood protection plans
owners (users) of land and buildings if they are in the flood area
or worsen the flood (§ 71 para. 4), with the flood plan of the municipality,

B) processed village flood protection plan and submit it to the professional opinion
river basin, in the case of small streams administrators
these watercourses,

C) carry out flood protection inspections,

D) provide manpower and material resources to carry out rescue work and security
spare functions in the territory

E) examine the readiness of the participants according to the flood protection plans

F) organize and ensure Flood service and patrol
service, provide warnings of legal entities and individuals in the municipal district of the municipality
using a single warning system,

G) inform about the dangers of the flood and flood authorities
neighboring municipalities and flood protection authority of municipalities with extended powers

H) declare and refer degree of flood activity within the territorial scope of
,

I) organize, manage, coordinate and impose measures to protect against flooding by
flood plans and, if necessary, require
authorities, legal entities and individuals personal and material assistance

J) provide evacuation and return of temporary accommodation and catering
evacuated citizens, providing further rescue work

K) ensure at the time of the floods necessary hygiene and medical care
organize substitute supplies, transportation and other functions
floods disrupted the territory

L) carry out inspections after the flood, they discover the extent and amount of flood damage
, discovering the effectiveness of the implemented measures and report
flood flooding the municipal authority with extended powers

M) keep records in the flood book.

§ 79

Flood authorities of municipalities with extended powers

(1) The mayor of a municipality with extended powers establishes Flood Commission
municipalities with extended powers and is its chairman. Other members of the commission appointed by
employee of the municipality with extended powers assigned to
municipal office and representatives of the authorities and legal persons who are eligible for
implementing measures or assist in protection against flood
. In the case of concurrent activities Flood Commission municipalities and municipalities with extended powers
Instructs Mayor managing flood commission village
another member of the committee. Flood protection authority of municipalities with extended powers
flood subordinate regional authority.

(2) Flood authorities of municipalities with extended powers within their territorial
districts within the security challenges for flood protection

A) confirms compliance factual and graphical parts given to the flood
plans of municipalities with flood plan administrative district of municipalities with extended powers
,

B) elaborate flood protection plan of the administrative district of municipalities with extended powers
and submit it to the river basin expert opinion

C) organize the implementation of flood inspections,

D) examine the readiness of the participants according to the flood protection plans

E) organize training and staff training
flood authorities and municipalities participating in flood protection,

F) imposed by the needs of owners of water treatment works handling
orders in terms of flood protection

G) organize and manage Flood service territory
administrative district of the municipality with extended powers, inform about the dangers of floods and flood during
authorities of neighboring municipalities with extended powers
respective river basin administrator and the Czech Hydrometeorological
Department and the Fire Brigade of the Czech Republic,


H) organize, manage, coordinate and impose measures to protect against flooding by flood
plan, manage and coordinate measures implemented
flood protection authorities of municipalities and, if necessary, require from the authorities
legal entities and individuals personal and material assistance

I) declare and refer degree of flood activity within the territorial scope of
,

J) use for the management of rescue operations for their coordination
integrated rescue system and to sites
rescue operations Operations Center Fire Rescue
Czech Republic

K) if necessary, unless the Flood Commission convened County
ordering agreement with the management of river basins exceptional handling on water
works beyond the approved operating regulations with a possible range of
within the administrative area extended powers

L) cooperate during the flood with flood protection authorities of municipalities in
ensuring hygiene and medical care, organize alternative
supply, transport and other flood disturbed function in the territory,

M) concentrating the coverage and amount of flood damage,
assess the effectiveness of measures taken and processed
comprehensive evaluation report on flood

N) keep records in the flood book.

§ 80

Flood regional authorities

(1) The Governor of the Region establishes Flood Commission region and is its chairman.
Other members of the commission shall appoint its chairman from among the employees
counties included in the regional office of the relevant river basin administrators and representatives
authorities and legal persons who are eligible for the measures
appropriate assistance for flood protection . Flood
regional authority is subordinate to the central authority of the flood.

(2) Flood regional authorities in their territory within
security challenges for flood protection

A) confirms compliance factual and graphical parts given to the flood
plans of the administrative districts of municipalities with extended powers in the flood plan
administration of the region,

B) elaborate flood protection plan administrative district of the region according to § 71 para. 3
point. c) and submit it to the central flood authority

C) examine the readiness of the participants according to the flood protection plans

D) impose as required owners of water treatment works handling
orders in terms of flood protection

E) organize training and training for members of flooding bodies of municipalities with extended powers
participants and flood protection

F) participate in the flood warning service in the region, inform
risk of flooding during a flood authorities of municipalities with extended powers
, Czech Hydrometeorological Institute and the Ministry of Environment
environment

G) organize, manage and coordinate measures to protect against flooding by flood
plan, manage and coordinate measures implemented
flood protection authorities of municipalities with extended powers,

H) declare and refer degree of flood activity within the territorial scope of
,

I) controls in its administrative district influencing runoff
manipulations of water structures within manipulation regulations;
dictate extraordinary manipulation on these water works beyond the approved
handling regulations after consulting the flood protection authorities of municipalities with extended powers
in their administrative districts, the respective administrations
flood basin and regional authorities, whose administrative
circuits may be affected by this extraordinary handling,

J) assess the impact of safety work on watercourses and water
works on the hydraulic regime after consultation with administrators of watercourses and water works
that they may be affected, and coordinate their implementation
, || |
K) process comprehensive evaluation report on flood
including an analysis of the extent and amount of flood damage and the effectiveness of the implemented measures,

L) keep records in the flood book,

M) use Emergency Management, for their coordination
integrated rescue system and to sites
rescue work relevant operational and information center
Fire and Rescue Service of the Czech Republic.

§ 81

The Central Flood Protection Authority

(1) The Ministry of the Environment as the central flood protection authority
fulfilling the tasks for flood protection


A) manages flood protection and supervision over it except
management of flood relief work, which belongs to the Ministry of Interior,

B) manages methodically preparing measures to protect against floods, especially
processing, submission and approval of flood protection plans, organization
flood forecasting and warning services

C) processes after discussion with the public authorities
Flood Plan of the Czech Republic and submit it for approval to the Central Flood
Commission

D) certifying compliance flood protection plans of administrative districts of the regions with the flood plan
Czech Republic

E) participate in the flood warning service, prepare technical documentation for a possible takeover
management of flood protection
Central Flood Commission, providing information to the media,

F) provides exploration and documentation work larger scale (air
observation, photography, etc.)

G) participate in the training of workers flood authorities.

(2) Central Flood Commission establishes a government, which also approves its
status. Chairman of the Central Flood Commission's Environment Minister
environment and the Vice Minister of the Interior.

(3) Central Flood Commission to manage, control, coordinate and, if necessary
stores in its entirety protection against floods during
floods endangering vast areas where flood commissions counties
own forces and means enough to take the necessary measures. Within
fulfillment of tasks for flood protection

A) information about the course and consequences of floods Government

B) mandates after consultation with the regional flood protection authorities and relevant
river basin exceptional handling on the waterworks over and above the approved
handling regulations with possible
going beyond the framework of the river basin district according to § 25 par. 2,

C) coordinates and supervises the activities of flood commissions of regions,

D) keep records in the flood book.
Section 4


Other participants flood protection

§ 82

River basin administrators

River basin administrators in fulfilling the tasks for flood protection in addition
Task Manager watercourses

A) process the expert opinions of the flood plans
administrative districts of municipalities with extended powers,

B) cooperate in the processing of flood protection plans of administrative districts and counties
Flood Plan of the Czech Republic,

C) cooperate with the flood protection authorities of municipalities with extended powers in the implementation
flood inspections,

D) give incentives flood protection authorities to impose the necessary measures
floodplains or other measures to protect against floods
,

E) participate in the flood warning service, in particular, monitor and evaluate
hydrological situation in the basin and provide information to the flood protection authorities
cooperate with the Czech Hydrometeorological Institute in the implementation
flood forecasting service,

F) cooperate with the owners of waterworks in the notification of the special flood hazard
,

G) propose flood protection authorities declaration or appeal stages flood
activities

H) provide professional, technical and administrative support for the committees
flood regions

I) provide documentation during the floods in the catchment

J) after the floods require reports from flood authorities and municipalities with extended powers and
watercourse administrators, processed summary report for
basin and submit it to flood the regional authorities and the Ministry
environmental

K) cooperate with the flood protection authorities of municipalities with extended powers and
regions during training and training for workers,

L) elaborate proposals for organizational and technical improvements protection
floods and apply them at flood authorities.

§ 83

Watercourse administrators

Watercourse administrators in fulfilling the tasks for flood protection

A) process the expert opinions of the flood plans of municipalities

B) in collaboration with the flood protection authorities of municipalities with extended powers
flood inspections on watercourses

C) propose to the competent authorities to impose owners of waterworks or other
land and buildings on watercourses and in floodplains
obligation to take necessary measures to protect against floods,


D) provide manpower and material resources for the implementation
most urgent safeguarding work on watercourses

E) at the time of flood danger, ensure accessibility of their staff and
availability of material means and examine their preparedness by
flood plans,

F) to monitor water flows all the phenomena governing the formation and progress
floods, in particular the procedure and the extent of freezing, formation of dangerous ice jams and
nápěchů procedure melting and ice, water levels and flow rates, || | or accumulation of floating objects,

G) participate in the flood warning service, inform about the dangers of floods and flood during
authorities of municipalities with extended powers, appropriate
river basin administrator, Office of the Czech Hydrometeorological Institute and
Fire Brigade of the Czech Republic || |
H) providing technical assistance to local flood committees and commissions flood
municipalities with extended powers,

I) the proposed flood protection authorities declaration or appeal stages flood
activities

J) carry out safety work on watercourses and makes more
measures under flood plans

K) provide documentation of the flood on watercourses

L) after floods carried out in cooperation with the nature conservation and water authorities
tours watercourse discover the extent and amount
flood damage and schedule them on protocol;
further assess the effectiveness of the actions taken and processed by a report on the flood and pass it
flood municipal authority with extended powers, competent administrators
basin and the workplace of the Czech Hydrometeorological Institute

M) eliminate flood damage to the watercourse channels, especially
provide critical points in case of further flooding, restore the flow
profile watercourse; These activities are not covered by specific legislation
; ^ 34a) commencing such activities shall notify the administrator of water flow
10 working days in advance to the competent authority of nature protection.

§ 84

Owners waterworks

(1) Owners of hydraulic structures, which can affect the natural
flooding within the security challenges for flood protection

A) in collaboration with the flood protection authorities of municipalities with extended powers and regions
tours flood water works, especially
examine the condition of the buildings and their readiness in terms of flood protection and
eliminate the identified deficiencies || |
B) provide manpower and material resources for the implementation
safety work on the waterworks,

C) at the time of flood danger, ensure accessibility of its employees and
availability of material means and examine their preparedness,

D) monitor on the waterworks all the phenomena governing the safe transfer
floods, especially overflow function objects, process and scope
freezing, the formation of dangerous ice jams and nápěchů, the process of melting and running
ices, state water level, or accumulation of floating
objects

E) participate in the flood warning service, inform about the dangers of floods and flood during
municipal authority with extended powers, the administrator of water flow
, respective river basin administrator, Office of the Czech Hydrometeorological Institute and
Fire Brigade Czech Republic

F) handle on the waterworks within the approved
handling regulations so as to reduce the risk of flood damage; They shall ensure guidelines
water management office respective river basin administrator,

G) extraordinary manipulations on the waterworks beyond the approved
handling rules require the consent of flood municipal authority with extended powers
or region by potential reach of influence manipulation

H) carry out safety work on the waterworks area, including
backwater,

I) provide documentation of the flood on the waterworks,

J) inspection carried out after the flood water works, determine the scope and amount
flood damage, assess the effectiveness of measures taken and provide flood
municipal authority with extended powers, watercourse administrator and
relevant documents for river basin a report on the flood

A) eliminate flood damage to water works, especially secure
case of further flooding.

(2) The owners of water management structures I to III. Category (§ 61), which was

Required to ensure implementation of further technical and safety supervision


A) provide the appropriate flood protection authorities, the authorities of crisis management
^ 34) and the authorities of the integrated rescue system ^ 35)
data parameters can be special flooding (especially the characteristics of flood waves
a range of endangered area) and
implementation of technical and safety oversight (program) in the period of flood activity or crisis situations;
Water authority may stipulate a deadline for the fulfillment of this obligation,

B) notify immediately the competent authorities of flood protection, water managers
flows and Fire Rescue Service of the Czech Republic actually
decisive for the declaration of states of emergency and danger in danger
a special flood, if possible, with forecasts of further development,

C) imminent threat to the safety of water works and development
towards disrupting their function and a special flood warning
below flood authorities downstream by the flood protection plans of territorial units
Fire Brigade of the Czech Republic and
case of danger in delay and threatened entities.

(3) unfinished waterworks perform tasks owner of the waterworks
(paragraphs 1 and 2) the builder.

§ 85

Owners of land and buildings, which are located in floodplains or worsen the flood


(1) Owners of land and buildings, which are located in the flood area
or worsen the flood, ensure that the drain is not made worse
conditions and the flood, when the

A) process the flood protection plans if they have any such obligation according to § 71 paragraph
. 4 or were saved by the water authority pursuant to § 71 para. 5

B) in collaboration with the flood protection authorities of flood inspections, especially
examine the condition of the buildings in the flood area in terms of potential
affecting the discharge conditions for possible flooding and washing away buildings
parts and movables | ||
C) click the flood authority remove their items and equipment,
which may cause deterioration runoff or clogged riverbed below
downstream,

D) provide manpower and material resources to ensure their
objects and equipment, which may cause deterioration runoff
or clogged riverbed downstream,

E) at the time of flood danger, ensure accessibility of their staff and
availability of material means and examine their preparedness by
flood plan

F) to monitor land and buildings all phenomena governing the safe transfer
floods, especially the accumulation of floating objects, and blockage
flow,

G) participate in the flood warning service, inform about the dangers of floods and flood during
authority watercourse administrator and the Fire Brigade
Czech Republic

H) provide rescuing people and property, including the possible early
harvest

I) provide protection to vessels and equipment used for navigation if
owners or operators of the port; while the guidelines governing bodies
State Navigation Administration,

J) carry out flood security activities, particularly in the objects
culverts and bridges, road and railway embankments that were not limited
their flow capacity,

K) carry out inspections after the flood land and buildings, they discover the extent and
amount of flood damage and provide the basis for flood authority
report on flood

L) eliminate flood damage, particularly to secure critical points
case of further flooding.

(2) For buildings under construction performs tasks building owner builder.

(3) Owners of movable property in waterways or in flood
territories are obliged to observe their placement and use in a manner
not prevent runoff of high water or prevent washing away of
property.
Section 5


The cost of measures to protect against floods

§ 86

(1) Individual municipalities may take measures for direct protection of property on its territory
. The state and counties may contribute to these measures. Municipalities can apply
owners of the property, which is protected by these measures, by
contribution to their construction.

(2) Legal and natural persons shall bear the costs incurred by them
own measures to protect their property from flooding.

(3) Costs of security activities on watercourses paid their

Administrators. The owners of waterworks pays the costs of the safety works on
these waterworks.

(4) The cost of the rescue work, other than under paragraph 2 shall be borne
municipalities, counties and the state in accordance with the scope of the flood protection system
under a special law. ^ 36)

§ 87

Material damage suffered as a result of actions or measures imposed during the flood


A) flood commissions paid by the village community,

B) Flood Commission municipalities with extended powers
pays municipality with extended powers,

C) flood county commissions paid by county,

D) the Central Flood Commission, funded by the Ministry of the Environment.
TITLE X

CHARGES

Part 1

Charges


§ 88

The fee for taking groundwater

(1) A creditor who has a permit for the abstraction of groundwater [§ 8. 1
point. b) Item 1 and § 8 par. 2] (hereinafter the "Subscriber"), under the conditions laid down in this Act
required to pay for the actual amount collected
groundwater by the abstraction of water. If the authorized person permitted
of its authorization to use water according to § 11 para. 3
operators of public water supply ^ 10a) in that it permits the performance of a contract, has
^ 36a) and the operator announced his name
address and identification number of the person Czech environmental Inspectorate
is considered the customer's public water supply system operator
need. The fee is paid once per calendar year and its rate of CZK / m3
are listed in Annex no. 2 to this Act.

(2) The fee is exempt for actual withdrawal of groundwater from one water source
less than or equal to 6,000 cubic meters per calendar year or less
or equal to 500 m3 each month of the calendar year and withdrawals || | permitted for the purpose of gaining thermal energy, withdrawal of water to reduce
pollution of groundwater withdrawal of water to reduce their levels and
withdrawal of water serving for hydraulic protection of groundwater against pollution
.

(3) The person withdraw groundwater from the water source to multiple locations
in one municipality, the amount of water consumed for the purposes of charging
adds. One water source is groundwater for the purpose of charging means
groundwater located in the same sub-basin, which is
specified number of hydrological order, and at the same
hydrogeological region.

(4) The fee collection and claiming tax administrator performs
competent according to the registered office or place of residence of the individual customers.

(5) In determining the amount of the fee advance for the following calendar year
buyer is obliged to prepare a fee report in which it gives its
identification information pursuant to regulations for the administration of taxes and fees
stating the facts relevant to the calculation of backup data, especially
permitted quantity of withdrawn groundwater in a breakdown by donations
groundwater according to individual permits and their purpose.
The fee statement is calculated subscriber fee deposits for
following calendar year and submit it to the Czech Environmental Inspectorate
by the 15th October of the current year. The customer is not obliged to submit reports
fee, if not subject to charges in accordance with paragraph 2.
The customer is also not required to file reports fee in the event that
since the last time it filed the fee report did not change
authorized to take the underground water, on the basis of which the first charge
report is submitted. Pilot fee report provides
Ministry of Environment in collaboration with the Ministry of Agriculture
decree.

(6) the amount of annual fee in the fee statement is calculated by multiplying the corresponding
subscriber fee rate permitted annual withdrawal
underground water m3.

(7) The Czech Environmental Inspectorate on the fee report and verification
data relevant for the calculation of the fee advance
determine the amount of the advance and the amount of quarterly or monthly payments by an assessment, which delivers
customers and tax competent according to the registered office or place of residence of the customer
until 15 December of the current year.
An appeal against the fee assessment has suspensive effect.
Amount of advances and the amount of quarterly or monthly installments provided an advance notice in a situation
valid until the new changes to the advance assessment. Czech inspection

Environmental passes the General Customs Directorate
until the end of the calendar year, a list of all valid advance assessments.

(8) In the assessment, the Czech Environmental Inspectorate provides
equal quarterly advances, if their total amount equals or
is lower than CZK 300 000 or equal monthly advances, if their total amount
it is higher than CZK 300 000. Monthly backups
consumer is required to pay by the 25th day of the calendar month for which the advance is due
. Quarterly advance consumer must pay
later than the 25th day of the last month of the calendar quarter for which the advance
charged. Customer is issued on the basis of advance notice
obliged to pay a fixed deposit provided
monthly or quarterly installments every year until any changes
deposit amount and the amount of monthly or quarterly advance prepayment new assessment. New
deposit notice issued Czech Environmental Inspectorate under the new fee report
buyer or change in the rate
fee for groundwater abstraction provided by this Act.

(9) Should the consumer cease during the calendar year without any legal successor,
, the purchaser shall be obliged upon termination
pay a proportion of expected annual fee, whose
payment shall be credited to the time made advances on the same
calendar year.

(10) The purchaser is obliged until 15 February to submit Czech Environmental Inspection
fee statement for the previous calendar year, in
stating the facts relevant to the calculation of the fee balance, especially
data on the amount of fees paid and the actual amount of water abstractions
broken down by withdrawal of groundwater according to individual permits
and their purpose. The fee statement is calculated
annual subscriber fee for the previous calendar year, compares it with paid
advances, suggests the compensation and submit a fee statement
Czech Environmental Inspectorate. Specimen statement of fees
Ministry of Environment in collaboration with the Ministry of Agriculture
decree.

(11) annual fee in the fee statement is calculated by multiplying the corresponding
subscriber fee rate actually withdrawn volume
groundwater for the previous calendar year in m3.

(12), the Czech Environmental Inspectorate on the fee
and verification of information relevant for the calculation of the fee
decide on the fee for the previous calendar year fee assessment that
delivered to customers and the tax administration office
or place of residence of the consumer within 60 days after receipt of the fee statement with
notice that the fee assessments were final.

(13) In the event that advance payments are lower than the actual fee,
the consumer must pay to the account of the relevant tax administrator within 30 days of the date of
assessment of fees. In the event that paid
backups are higher than the actual fee, return the appropriate tax administrator
overcharge customers without an application within 30 days from the day when the
competent tax authority received notification from the Czech Environmental Inspectorate on Environment
that fee assessment has become legally effective.

(14) copy of the advance assessment and fee assessment, which is legally
and executable, sent by the Czech Environmental Inspectorate
forthwith to the State Environmental Fund.

(15) Part of the fees for the groundwater abstraction amounting to 50% of the income
regional budget, on whose territory the groundwater withdrawal takes place,
rest of the income of the State Environmental Fund. Charges which are
income of the regional budget can only be used to support the construction and rehabilitation of water
infrastructure, especially for the community, on whose territory
groundwater withdrawal takes place, and the establishment and || | replenishment of the special account pursuant to § 42 para. 4th

§ 89

Charges for wastewater discharges into surface waters

(1) A legal or natural person discharging wastewater into surface waters
(hereinafter the "polluter") under the conditions laid down in this Act
required to pay a fee for polluted wastewater
and a fee volume of wastewater discharged (hereinafter

"Fees"). Charges apply for individual sources of pollution.

(2) The obligation to pay fees under paragraph 1 shall not apply to discharges


A) of mineral water certified pursuant to a special Act 2)
as a natural curative resource, unless used in spa treatment,

B) natural mineral water unless used in the production of bottled mineral water
,

C) water from remedial wells,

D) waste water from water cooling steam turbines.

(3) If, as a result of floods or other natural disasters to reduce
or interruption wastewater treatment plant, the polluter pays for
period necessary to restore its operations a fee proportional to that
stipulated by the fee assessment for
previous calendar year. Restriction, interruption and resumption of operation
wastewater treatment plant polluter shall promptly notify the Czech Inspection
environment, which will examine these facts and take into account the
fee assessment for that period.

§ 90

The fee for wastewater discharges into surface waters

(1) The fee for the pollution discharged wastewater is
polluter must pay when it discharged wastewater exceeds the
relevant indicators of pollution and at the same time mass concentration limit
charging. Pollution indicators, quantity and concentration limits
fee rates broken down by individual indicators
pollution are listed in Annex no. 2 to this Act.

(2) The fee for the volume of wastewater discharged into surface water
polluter must pay it if the volume of discharged waste water
per calendar year exceeds 100,000 cubic meters.

(3) The fee for the volume of waste water discharged is calculated by multiplying
volume of wastewater discharged and the rate of CZK 0.1 per 1 m3
.

(4) The fee for polluted waste water is equal to the sum of partial
calculated for individual pollution indicators such
times the fee rate and the total amount of pollution discharged
per calendar year. In the event that at some toll substances will
reduce their total discharged amount
compared to the previous calendar year at least 20% but not more than 50%, reduces
fee for that substance about twice the reduction achieved. If u
some toll substances to reduce their total discharged
amount compared to the previous year of more than 50%
fee for this substance apply. The total amount of pollution
determined by multiplying the average annual concentration of pollution in the relevant indicators of pollution
annual volume of discharged wastewater.

(5) fee rate for the "organic substances
characterized by the chemical oxygen demand" is used by
corresponding type of wastewater.

(6) The polluter may, for the purposes of calculating the fee for a single source of pollution
subtract the pollution withdrawn by him and used
water or water collected and used another legal or
a natural person, that he passes the waste water produced for
further disposal of the total pollution in
effluents from the pollution source.
The subtracted pollution of the withdrawn water must be substantiated data on concentrations
pollution in water withdrawn for individual pollution indicators and
data on the withdrawn amount in the year for which the fee is calculated
. The correctness of data on the amount of pollution in water withdrawn
responsible polluter.

§ 91

Monitoring, measurement and calculation of wastewater pollution

(1) For the purpose of calculating the fee, the polluter who is originated
fee obligation under this Act, shall be obliged for each source and drain
monitor the concentration of pollution in discharged waste water
respective indicators, to measure the volume
discharged waste water and keep the monitoring and measuring of operational records
individual pollution indicators. Polluter responsible for the accuracy
identification of pollution sources discharged wastewater, determination
pollution concentration by individual pollution indicators, measuring

Volume of wastewater discharged and operational records.
All data supporting the operational records of the polluter must keep
for a period of 5 years.

(2) If the polluter discharges waste water in one locality more
outlets, for the purposes of calculating the fees to pollution and the volume of wastewater discharged
included waste water discharged from
all outlets. More outlets in one locality means, for example
individual outlets from the public sewerage system of a municipality or individual
outlets from an industrial production. When calculating the fee applies
different rates for water treated and untreated waste water.
Treated waste water is treated water eg. In mechanical-biological or
mechanical-chemical treatment plant. In case of doubt whether
terms of waste water is purified or not, decide Czech Inspection
environment.

(3) More detailed definition of pollution sources, the procedure for determining pollution
contained in the wastewater, the methods of measuring pollution indicators, surveys
average pollution concentration and
annual volume of waste water, the subtraction of the amount of pollution by
§ 90 paragraph. 6, making measurements of waste water and essentials
operating records determined by the Government.

§ 92

Analysis and control wastewater pollution

(1) For the purposes of checking the accuracy of monitoring waste water pollution
can perform analyzes only authorized laboratories
Ministry of the Environment (hereinafter the "Control Laboratory").

(2) check the accuracy of monitoring and measuring the volume of discharged wastewater
may provide only a professionally qualified person authorized to
business by the Ministry of the Environment (hereinafter "the measuring
Group"). The method of monitoring waste water pollution, measuring the volume of wastewater discharged
, eligibility requirements
authorized laboratories, inspection laboratories and measuring groups to perform
analyzes determining the concentrations of pollutants in waste water
and to check the correctness of measuring the volume of wastewater discharged
for the purposes of this Act establishes the Ministry of the environment Decree.
Ministry of the Environment regularly published in its Journal
list of authorized laboratories, inspection laboratories and measuring
groups.

(3) The polluter is obliged to allow authorized persons
control laboratories and measuring groups and persons carrying out their activities in accordance with §
126b enter the scanned objects, give them
documents necessary for carrying out checks and ensure
conditions for taking samples from all outlets controlled source pollution.

(4) The costs associated with carrying out the analyzes and controls on pollution
wastewater for purposes of state administration shall
State Fund for the Environment of the Czech Republic on a proposal by the Czech Inspection
environment.

(5) For samples taken for analysis and control of pollution
sewage polluters do not belong to whom the sample came
replacement.

§ 93
Advances


(1) In determining the amount of the fee advance for the following calendar year
polluter must prepare a fee report stating
facts relevant to its calculation, especially data on the quantity and
concentration of pollution indicators and the volume of discharged wastewater
broken down by individual pollution sources and their outlets
including data for the deduction of pollution in water withdrawn (§ 90 par. 6) and
information regarding postponements granted for the purpose of calculating the charges. In
fee report, the polluter shall calculate the fee advances and submit
the Czech Environmental Inspectorate no later than 15 October
current year. Pilot fee report provides
Ministry of Environment decree.

(2) The Czech Environmental Inspectorate on the fee report
and verification of information decisive for calculating advances on charges down the amount
advance assessment, which will be delivered to the polluter, the competent tax,
State Environmental Fund Czech Republic until 15 December
current year. In the assessment, the Czech Environmental Inspectorate down

Equal quarterly advances, if their total amount equals or
less than CZK 1 000 000 or equal monthly advances when their
total amount is greater than 1 million CZK.

(3) Monthly advances polluter must pay
later than the twenty-fifth day of the calendar month for which the advance was charged
. Quarterly advance polluter must pay
later than the twenty-fifth day of the last month of the calendar
quarter for which the advance is due.

(4) If the Czech Environmental Inspectorate during the year in which
are repayable advances that actual facts decisive for calculating advances on fees
differ from the information in the fee report by more than 30
% or that the polluter failed in the fee report
pollution values ​​for all indicators of pollution exceeding the limits
listed in Annex no. 2 to this Act issued by the actual data to the new
assessment within 30 days of in which these facts discovered.
In this new assessment provides new advance payments for the remainder of the year, and it
similar manner in accordance with paragraph 2; amount still outstanding advances to
unchanged. A similar procedure if it finds that the polluter fee
failed to report.

(5) If the polluter reveals that actual facts decisive for calculating
fee advances differ from the information in the fee report,
by more than 30% is required to submit a new fee report
on the basis of the Czech environmental Inspectorate issue a new assessment determination
fee advances, within 30 days of receipt of the new fee
report. In other respects similarly paragraphs 2 and 4

(6) The obligations referred to in paragraphs 4 and 5 do not apply to isolated
single deviation.

§ 94


Of Fees
(1) The polluter is obliged until 15 February to submit Czech Environmental Inspection
fee statement for the previous calendar year.
In this statement, the polluter shall specify the actual data on the amount of pollution indicators
subject to a fee, their concentration in
discharged waste water and waster water volume for
individual sources of pollution and their outlets, including data
required for any reading of the water withdrawn (§ 90 par. 6), data
postponements granted and the amount of fees paid.
Form of the fee stipulated by the Ministry of the Environment Decree.

(2) The Czech Environmental Inspectorate on the fee
and verification of information decisive for calculating charges down the amount
fee for the previous calendar year fee assessment, which delivers
polluter, the Tax Inspectorate, State Fund
environment of the Czech Republic by 30 April each year. In the event that
advance payments are lower than the actual fee is
polluter must pay the account of the administrator
tax within 15 days of receipt of the assessment of fees. In the event that
advance payments are higher than the assessed fee, return the appropriate administrator
tax overpayment to the polluter without an application within 30 days of
when the relevant tax administrator received a notice
Czech Inspection of Environment that fee assessment has become legally effective and enforceable
. Underpayments or overpayments not exceeding CZK 500
is transferred to the next billing period.

§ 95

The assessment of advances on fees and fee assessment are issued
individual pollution sources and are the basis for levying and enforcing
charges.

§ 96

Postponement of payment of fees

(1) polluter who permit and evidently started
work on the construction of sewage treatment plant (hereinafter referred to as "building") or other device
investment nature (hereinafter "another facility") to reduce || | pollution in the discharged waste water and who
water regulation Authority (§ 38 par. 9) for the construction of wastewater discharge
with permissible values ​​of pollution indicators for wastewater treatment
higher than the values ​​stipulated by law, ^ 38)
but after the construction values ​​not exceeding the level stipulated
special law (§ 38 par. 5), or contracted for this purpose

Transferred funds may, not later than one year from the date of commencement
structure or another facility or a contract for the transfer of funds
ask the Czech Environmental Inspection of
permission to postpone payment of up to 80% of the fees for source pollution
for those who work commenced or transferred funds (hereinafter
"waiver"). The decision to postpone the payment of charges sent by the Czech Environmental Inspectorate
polluters, the Tax Inspectorate, the State
Environmental Fund of the Czech Republic.

(2) Deferral may be authorized from the first day of the month following the date
actual start of construction or construction of another facility
documented in the construction book or in the case of associations
financial resources to the start of construction or other device , first
from the first day of the month following the date of conclusion of the association.
Postponement lasts until the last day set for completion in
legally effective permission of the water authority. Czech Environment Inspection
environmental permit postponement up to the construction costs or other
device. Postponement is not allowed if the quality of wastewater discharged
sewage treatment plant or other facility in the 12 months prior to the start of construction
already meet the permissible values ​​of pollution indicators
set by a special law (§ 38 par. 8).

(3) If the polluter or the person with whom the polluter concluded a contract on
association funds will complete the structure or another facility before the deadline
set for their completion in a legally effective permission of the water
office is obligated to within one month from the date of completion
notify in writing the Czech environmental Inspectorate.
Postponement until the last day of the month in which written notice
Czech Environmental Inspectorate delivered.

(4) If the polluter or the person with whom the polluter concluded a contract on
association of funds requested by a special legal regulation 4) o
approval to start trial operation or permit was issued on provisional
use of a building or other facility for trial operation
before issuing final approval and this consent had been granted,
delay lasts for a period of trial operation, but not later than two years from
approval or permission.

(5) If the polluter or the person with whom the polluter concluded
contract of association funds comply with the conditions delay
is based on the decision Czech Environmental Inspectorate is obliged
deferred part of the fee no later than one year from the date
decision comes into force, in regular monthly installments.
An appeal against such a decision has no suspensive effect.

(6) The polluter may request a postponement later than one year from the date
of the structure or another facility or from the date of contract
of association funds.

(7) The polluter must submit the necessary documents for his
delay and to assess compliance with its conditions.

(8) The requirements of the request for permission to postpone the procedure and the Czech Environmental Inspectorate
for their assessment and authorization delay determine
Ministry of the Environment Decree.

§ 97


Waiver of Fees
(1) True to when the polluter or the person with whom the polluter concluded
contract of association funds, the deadline for completion of construction or other
facility set in the permit, the water authority and the conditions laid down in
permit to discharge wastewater, pardons Czech environmental Inspectorate
environment polluters portion of the fee corresponding to the amount
whose payment was in accordance with § 96 of the decision of the Czech environmental Inspectorate
environment deferred; Fees waived part of the Czech Environmental Inspectorate
in the decision on the remission of charges classified as a subsidy
^ 38).

(2) A waiver of fees in cases referred to in paragraph 1 shall decide
Czech Environmental Inspectorate upon request by polluters.
Decision will be sent to the polluter, the Tax Inspectorate, the State
Environmental Fund of the Czech Republic.

§ 98

Appeal against the decision on fees for discharging wastewater into surface waters
no suspensive effect. ^ 40)

§ 99


Administration Fees

(1) Collection and recovery of charges for discharging wastewater into surface
performs the appropriate tax administrator
the seat of individual polluters.

(2) Charges including advances, interest on late payments and fines polluter pays
on account of the tax administration and revenue of the State Environmental Fund
Czech Republic. Proceeds from the fees and
accessories including advance payments, interest and penalties converted
competent tax administrator for the account of the State Environmental Fund of the Czech Republic
month.

§ 100

Fee for permitted discharge of waste water into groundwater

(1) the permitted discharge of waste water into groundwater is true legitimate
(§ 8) fee.

(2) The discharge of individual housing construction and for individual
recreation fee does not apply. For discharges in other cases
determined fee of CZK 350 for every inhabitant
1 equivalent to the capacity of equipment designed to clean wastewater for the
calendar year.

(3) The obligation to pay the fees referred to in paragraph 1 shall not apply to discharges


A) of mineral water certified pursuant to a special Act 2)
as a natural curative resource, unless used in spa treatment,

B) natural mineral water unless used in the production of bottled mineral water
,

C) water used for the purpose of gaining thermal energy [§ 8 par. 1 point.
D)]

D) polluted water whose pollution had their depletion of underground water
reduced [§ 8 par. 1 point. E)].

(4) The fee is paid by 31 January following the year in which the payment obligation arose
.

(5) The fee is payable to the municipality in whose cadastral area where the discharge occurs
, and its revenue.

(6) The water authority issuing the permit to discharge wastewater into groundwater
village passes the necessary information.

(7) In setting fees the municipality under the Administrative Code.
Part 2


Payment for watercourse management and basin management and reimbursement of expenses for
measures in the public interest

§ 101

Payment for watercourse management and basin management

(1) Whoever draws surface water from a watercourse is obliged to pay
payment for watercourse management and withdrawals of surface water from
major watercourses and other surface waters also for payment
basin management, by use of water withdrawn per unit
of CZK / m3 depending on the quantity actually withdrawn surface water.
Who draws surface water is required for each day of delay in payment
payments under the first sentence to pay a default interest of 1 percent.
Obligation to reimburse this payment is also the one who draws surface water
through other authorized devices that do not pay for subscriptions
surface water under paragraph 4.

(2) The payment is calculated by multiplying the quantity actually withdrawn
surface water for the past calendar month (or other period
exceeding one calendar year, agreed with the administrator of the watercourse
in which the surface water is) reduced by the amount of surface water
to which the payment does not apply (paragraph 4)
price for the withdrawal of surface water stipulated by the watercourse administrator
under a special law. ^ 42) to take if the person authorized to use with water from surface water
water resources in a single location to multiple locations, for the purposes of charging
withdrawn quantities of surface water adds.

(3) Price for the surface water is determined separately for use

A) cooling systems of steam turbines,

B) agricultural irrigation,

C) filling of artificial terrain cavities (pits after mining of minerals)
in cases requiring pumping or transfer of water;
this price may not exceed the operating costs which the watercourse administrator for this activity
arise

D) other donations.

(4) Payment for the surface water will not apply if the amount collected
surface water is less than or equal to 6,000 cubic meters per calendar year or
is less than or equal to 500 m3 each month of the calendar year. Not due
also surface water withdrawals for the operation of fish hatcheries and tanks for
filling ponds and reservoirs for fish
filling of artificial terrain cavities (pits after mineral mining) pumping

Transfer of water by the watercourse administrator for
flow cooling of research nuclear reactors, fire protection purposes, filling
public swimming pools, dead watercourse branches and reservoirs constituting a protected biotope
plants and animals for the production of snow water cannons, for taking
turbidity water for agricultural or forest production and consumption allowed for
water deficit of agricultural crops.
Surplus water for agricultural and forest production surface water withdrawn from watercourse
during high flow (water level) for irrigation by flooding.

(5) authorized to withdraw surface water is obliged to pay the fee monthly
to the twenty-fifth day following the end of the calendar month
competent administrator of the watercourse from which the surface water occurs at the surface
other donations water catchment competent administrators, if it agrees with
payment terms differently; However, this agreement may not stipulate
longer period than 25 January of the following calendar year.

(6) does not pay the one who took surface water due payment is
respective administrator of the watercourse from which the surface water
occurs or administrator basin competent at the other sampling
surface water is entitled to claim it, including interest payment under paragraph 1
in court.

§ 102

Reimbursement of measures in the public interest

(1) The State may provide funds to pay expenses for
measures in the public interest, especially for

A) river basin administration activities pursuant to this Act,

B) the management of small watercourses,

C) the detection and assessment of surface and groundwater

D) water planning,

E) studies runoff, determination of flood areas and studies
flood prevention measures

F) rebuilding waterworks and riverbeds,

G) establishment, restoration and operation of water works and equipment to protect against
floods and drought

H) increasing the capacity and regulating watercourse channels and improving drainage
conditions in the landscape,

I) the establishment and renewal of structures for land reclamation,

J) renewal, dredging and reconstruction of fishponds

K) renewal and operation of waterways

L) manage water works that nobody does not care for which it is the owner
known

M) other measures in accordance with approved programs of action (§ 26)

N) renewal of the watercourse channel following a flood (§ 45 para. 1)

O) check examination of the quality and quantity of wastewater discharged
including finding sources of pollution,

P) infiltration, retention and drainage of rainwater.

(2) Funds for measures in the public interest provided by the state
river basin administrators, the Czech Environmental Inspectorate, administrators
water flows, owners of water management structures and authorized professional institutions (§ 21 para.
3) and other natural and legal persons; the financial resources
no legal claim.
Part 3

Penalties


§ 103

Default interest

(1) For each day of delay in payment of fees pursuant to § 88 there is a mandatory
entities to pay interest on arrears. The Ministry of Environment
environment may, after consultation with the Ministry of Agriculture because of the harshness
wholly or partly at the request of the obligated entity
interest in accordance with this paragraph within three years from the date of its creation
pardon.

(2) For each day of delay in payment of fees in accordance with § 89 and 100 formed
compulsory subjects required to pay interest on arrears.
Ministry of the Environment may, because of harshness in whole or in part at the request
responsible entity interest in accordance with this paragraph
within 3 years from the date of its creation pardon.
TITLE XI

STATE ADMINISTRATION


§ 104

(1) State administration under this Act shall be executed
water authorities and the Czech Environmental Inspectorate.

(2) The water authorities are

) Municipal authorities,

B) military authorities ^ 43) in military zones,

C) municipalities with extended powers,

D) regional authorities,

E) of the Ministry as a central water authority (§ 108).
This is without prejudice to the provisions of the flood control authorities.

(3) The Ministry of the Interior or the Police of the Czech Republic gives authorities
government for the purpose of exercising the powers in the field of water management


A) the reference data from the basic register of residents,

B) data from the agenda information system of civil registration

C) data from the foreigners information system.

(4) The data provided pursuant to paragraph 3. a)

A) the name or names, surname,

B) address of residence,

C) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,

D) the date, place and district of death; in the case of died outside the territory
Czech Republic, the date of death, place and the State in whose territory the death occurred
; if it is issued by a court decision declaring the death, the day
who is in the decision as the date of death or the date on which entity data
declared dead survived, and the date of entry into force of this
decision.

(5) The data provided pursuant to paragraph 3. b)

A) the name or names, surname, maiden name,

B) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,

C) address of permanent residence,

D) limitations on legal capacity

E) the day, which was in the court decision on declaring the missing
listed as the day of effectiveness of the missing person and the date of entry into force
court ruling declaring missing,

F) the date, place and district of death; in the case of deaths outside the Czech Republic
gives the date of death, place and the State in whose territory the
death occurred

G) a day, which was in the court decision on declaration of death listed as
date of death or the date on which the data subject declared dead
survived.

(6) The data provided pursuant to paragraph 3. c)

A) the name or names, surname, maiden name,

B) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,

C) the type and address of residence,

D) limitations on legal capacity

E) the date, place and district of death; in the case of deaths outside the Czech Republic
gives the date of death and the State in whose territory the death
occurred

F) a day, which was in the court decision on declaration of death listed as
date of death or the date on which the data subject declared dead
survived.

(7) Data that are kept as reference data in the basic register
population, the use of records information system
residents or foreigners information system only if they are in the shape
previous temporary situation .

(8) From the data provided in a particular case can only use
data that are necessary to fulfill the task.

(9) In administrative proceedings conducted pursuant to the Act on the Protection of Nature and Landscape
^ 14a) of the Mining Act ^ 1) and the Law on Mining,
explosives and the State Mining Administration ^ 7b), and in the process
according to the building Act; 4) during the placement, licensing, use and disposal
buildings can issue a decision or take any other action solely on the basis
binding opinion by the water authority, if the interests can be affected by this Act
. Binding opinion under this provision
issued only if it does not grant consent under § 17th
The water authority is bound by its previous binding opinion. Follow-binding opinions may
water authorities in the same case apply only
based on newly identified and documented facts that could not be
applied previously and which have significantly changed the conditions under which the original
binding opinion issued or information derived from
greater detail captured documents or documents for
decision or other act of the administrative body in proceedings under the first sentence, otherwise
taken into account.

§ 105

Municipal authorities and the military zone authorities

(1) Municipal authorities regulate, restrict or prohibit pursuant to § 6.
4 of this Act, the general use of surface water, unless the water flows forming
borders.

(2) State administration in military zones perform military zone authorities
under § 105 to 107, unless it is covered under Title X and XII
Act.

§ 106

Municipal authorities with extended powers

(1) The powers that belong to the water authorities, carry
municipal authorities with extended jurisdiction unless the law does not confer any other

Authorities.

(2) Municipal authorities with extended powers apply to opinions
territorial plans and regulatory plans, with the exception of territorial plans
these communities.

§ 107
Regional authorities


(1) The competence of regional authorities include

A) implement an opinion on the principles of territorial development and zoning plans
municipalities with extended powers,

B) to express themselves according to § 18 of this Act to the buildings, if
decisive influence on water management, water protection or
flood protection and, if appropriate, also

C) to decide in cases of transboundary waters after consulting the Ministry
Agriculture and the Ministry of the Environment; if such
decision affects the course, character or marking of the border,
decide, after consultation with the Ministry of the Interior; if it concerns a decision
natural mineral water and natural healing resources
near the border under a special law ^ 2)
decide, after consultation with the Ministry of Health; transboundary waters
are surface water or groundwater stipulated in international treaties
which the Czech Republic is bound ^ 44)

D) do in an emergency, especially when water shortages and
accidents measures in cases exceeding
in the administrative district of municipality with extended jurisdiction or municipal authority with extended powers
|| |
E) cooperate with the central water authorities and river basin administrators
acquisition river basin management plans and their implementation. Regional authorities may
for cooperation on river basin district plans and the implementation
monitoring compliance river basin management plans require specialist expertise
entities, entities monitoring the quality and wholesomeness of water,
nature protection bodies, associations of citizens acting on sections
protection of environment, fisheries, owners and operators of water supply and sewerage systems
and possibly other organs

F) to impose measures which define the public interest programs
measures according to § 26 par. 4

G) monitor the implementation of technical and safety supervision of water
parts, which permits

H) to decide on the inclusion of waterworks into categories in terms
technical and safety supervision, if appropriate, also

I) determine the manner and terms of discharge of mine water into
surface or groundwater and polluted water and seepage from storage sites
into surface waters

J) to authorize the use of water for the use of the energy potential
according to § 8. 1 point. a) item 3 on major watercourses in
, where appropriate, also

K) authorize the discharge of wastewater into surface waters from pollution sources
of 10 000 population equivalent or more

L) authorize the discharge of wastewater from the mining and processing of uranium ores and
nuclear power plants and waste water containing especially
dangerous or hazardous substances pursuant to Annex no. 1
surface waters,

M) allow pumping polluted groundwater to reduce
pollution and its subsequent discharge into this water or into surface water
[§ 8 par. 1 point. e)]

N) authorize the impounding and storage of surface water in reservoirs with
total volume of over 1 million cubic meters or backwater height of over 10 meters from the floor
foundation drain

O) set at the request of the trustee basin range floodplains
major watercourses and their active zones and store them
processing such a proposal

P) to decide in cases of doubt, whether it is surface or groundwater
what kind of water management is or whether it is a
wastewater

R) to decide in cases of doubt whether a watercourse pursuant to § 43 paragraph
. 2, as well as the fact that the watercourse are other than surface water
referred to in paragraph 1

S) to issue statements in accordance with § 18, where they are entitled to issue
permission or consent

T) to authorize exceptions to the use of harmful substances (§ 39 par. 7) and
authorize the use of water for breeding fish and waterfowl, or other animals
if the water authority sets the permission
conditions for the use of harmful substances

U) to exercise powers of a special building authority for water works
allowing water disposal in points l) to n)


V) decisions in cases where they are entitled to permit a water works also on
other matters relating to these waterworks and protective
zones of water resources related to them,

W) approve of waterworks handling rules, which permits, including
exceptional handling them and the complex handling rules, if
that at least one of the water works to which the complex handling procedure will
apply, within its jurisdiction,

X) to exercise powers of a special building authority for wastewater plants serving
sewage water disposal under subparagraph k), and if it
reserves as well as other water works associated with the handling,

Y) require owners (trustees) of waterworks I to III. category
which imposed an obligation to ensure the implementation
technical and safety supervision, data processing parameters can
special floods, especially the flow characteristics of the waves and the extent
endangered area, and provide the appropriate flood protection authorities, | || crisis management bodies and components of the integrated rescue system.

(2) The regional authorities are concerned authorities according to § 104.
9 and issue a binding opinion in matters relating to their competence.

§ 108

Ministry as a central water authority

(1) Unless otherwise provided by this Act, shall exercise powers
central water authority Ministry of Agriculture.

(2) The Ministry of Agriculture and Ministry of Environment
submit views on regional development policy and the principles of territorial
development.

(3) The Ministry of the Environment exercises the powers of the central
water authority in matters

A) protect the quantity and quality of surface and groundwater, and it

First permit to discharge wastewater into surface water or groundwater
[§ 8 par. 1 point. c)]

Second permit for pumping polluted groundwater in order to reduce their pollution
and their subsequent discharge into this water,
or into surface water [§ 8 par. 1 point. e)]

Third permit to discharge wastewater containing particularly hazardous substances into the sewer system
(§ 16)

Fourth determining the minimum residual flow and the imposition
fitted water works or water brand and the brand on a regular basis
measure minimal residual flow and serving water authority and
river basin reports on the results of measurements (§ 36)

Fifth setting a minimum level of groundwater and the imposition
submit a draft of the receiving order, or the obligation to periodically measure
groundwater level, the method of measurement and the obligation to make
water authority and river basin reports on the results of measurements (§ 37) | ||
6th Business in permitting the discharge of wastewater into surface water or groundwater
and collecting the results of measuring the volume of water discharged
its pollution rate (§ 38)

7th preparation of draft implementing legislation establishing
indicators and values ​​of permissible pollution of water (§ 31, 32, 33, 35 and 38)

B) the detection and assessment of surface and groundwater together with the Ministry of Agriculture
(§ 21 and 22)

C) the detection and assessment of surface and groundwater through
established by an authorized professional entities (§ 21)

D) creation and management information system together with the Ministry of Agriculture
under this Act (§ 19 and 22)

E) the preparation and approval of the water management plans and program design
measures, together with the Ministry of Agriculture (§ 24-26)

F) assessment of water management plans in terms of environmental impact
(§ 24 and 25)

G) protected areas of natural water accumulation (§ 28)

H) the protection of water resources (§ 29 and 30)

I) sensitive areas (§ 32)

J) vulnerable zones (§ 33), with the exception of reviewing the action
program

K) establishment of measures to remedy the insufficient quality
surface water used for bathing (§ 34 para. 2)

L) of surface waters that are suitable for life and reproduction
indigenous species of fish and other aquatic fauna together with the Ministry of Agriculture
(§ 35)

M) protection of surface water or groundwater from harmful substances
(§ 39)


N) accident amelioration (§ 41) and the elimination of their harmful consequences
(§ 42)

O) Flood (§ 63-87)

P) the management of the Czech Hydrometeorological Institute (§ 73)

Q) fees for the groundwater together with the Ministry of Agriculture
(§ 88)

R) fees for discharging waste water into surface water and groundwater
(§ 89-100)

S) cooperation with regional authorities in delegated competence in matters of
quantity and quality of boundary waters (§ 107)

T) management Czech Environment Inspection (§ 112)

U) the management of basic and applied research in the field of protection
quantity and quality of water,

V) performance of tasks arising from the relation to the European Community in
water protection, reporting on compliance with relevant directives
European Communities and coordinating the adoption and implementation of legislation
European Communities in water together with the Ministry | || agriculture

W) ensuring the coordination of water management plans and programs of action
international cooperation in water protection in the Elbe, Danube and Oder
.

(4) The Ministry of Transport and Communications executes the powers of a central
management authority in matters relating to using surface water for shipping (§ 7).

(5) The Ministry of Defence exercises the powers of a central water
authority in matters in which competence is based military zone authorities pursuant to paragraph 105 §
.
Third
§ 109

Powers water authority when emergency measures

(1) If required by the public interest, especially if it is a temporary shortage
water or if the threat to supply the population with water, or if there has been
single abstraction of drinking water from the mains in cases || | rescue operations during emergencies, fires and other natural disasters
, the intervention of the fire rescue Service
Czech Republic and fire protection units or the armed forces of the Czech Republic
, the water authority decision or measure of a general nature, without
compensation to adjust for the time necessary
allowable waste water, or the waste restrict or ban. These measures
made after consultation with stakeholders if it
exceptionality of the situation.

(2) If, as a result of emergency situations to limit or prevent
authorized withdrawals of surface water or groundwater, which leads to serious
threat to public interest, the water authority is obliged to ensure, after consultation with the relevant
authorities remedial measures. Doing so can
determine who, how and to what extent it is required to make
measures to ensure replacement water consumption, or to its
imports. Necessary costs associated with the imposed measures may require the water
authority on who extraordinary restriction or disabling donations
caused. General rules on liability for damages is not affected by this
.

§ 110

Water Management Supervision water authorities

(1) Water authorities review compliance with the provisions of the Water Act and
regulations issued pursuant to it and the extent of their powers impose
measures to remedy the defects found.

(2) water authorities are obliged in their scope of control
of compliance with the decisions issued by them and the general measure.

(3) The water authorities may in the implementation of water management supervision
request the cooperation of professional bodies, organizations monitoring the quality and safety of health
water, nature protection bodies, associations of citizens active
stretches of environmental protection, fisheries or other
authorities.

(4) Municipal authorities with extended jurisdiction and regional authorities as part of the water management supervision
perform supervision of water whose
condition could endanger the safety of persons or property. It is particularly
control how users or owners of such structures
ensure technical supervision and perform
necessary measures for their safety.

§ 111

Supreme Water Management Supervision

(1) The Ministry of Agriculture and Ministry of Environment
monitored in supreme water management supervision, water authorities and
Czech Environmental Inspectorate implement the provisions of the Water Act
and regulations issued pursuant.

(2) The Ministry of Agriculture and Ministry of Environment in

Scope of its responsibilities under this Act within
supreme water management supervision also entitled to check compliance with the provisions
Water Act and regulations issued pursuant to the
compliance with the decisions of the water authorities, compliance with the obligations
waterworks owners, watercourse administrators and river basin. Where
defects, they may impose measures to eliminate them.

(3) The Ministry of Agriculture in cooperation with the Ministry of Environment
submit annually to the Government a report on the evaluation
control activities carried out last year as part
supreme water management supervision.

§ 112

Czech Environmental Inspection

(1) The Czech Environmental Inspectorate belongs

A) under the supervision and control of the water as natural or legal persons
comply with obligations under this Act or imposed under this Act
her or water authorities in the field

First use of surface water or groundwater

Second protection of those waters, including their protection when operating cruises

Third accidents, endangering the quality of these waters,

Fourth water works intended for the disposal of pollution in wastewater
or discharges to surface water or groundwater or
sewers

Fifth protection of water conditions and water resources

6th marketing discharge wastewater into surface water or groundwater
in accordance with the requirements of the law in cases requiring special attention
,

B) requires the elimination and remedy the identified deficiencies, their causes and
harmful consequences, if it discovers a breach of obligations on the sections mentioned
under letter a)

C) order in the area in which it is required to exercise control,
cessation of production or other operations when
very seriously threatens the public interest and the environment, until the removal
shortcomings or their causes

D) to cooperate with the water authorities

E) keep central records of accidents according to § 40 et seq.,

F) monitor compliance with the provisions on fees for discharging
wastewater into surface water polluters

G) to conduct inspection surveys of quality and quantity of wastewater discharged
including detection of sources of pollution,

H) to perform other tasks under this Act.

(2) proceedings conducted by the Czech Environmental Inspectorate
under this Act shall be subject, if permitted by the nature of these proceedings, the provisions of §
115th

§ 113


Canceled
§ 114

Performance of the water management supervision

(1) Authorized employees of the water authorities and the Czech Environmental Inspectorate
environment in the implementation of water management supervision under this Act
show license issued by the competent supervisory authority, which is
proof of their credentials for review.

(2) For samples taken for the purpose of water management supervision pursuant to this Act, are entitled
person from whom the sample was taken, compensation.

§ 114a


Canceled
§ 115
The water management


(1) Unless stipulated otherwise, proceed
water authorities in the management of matters regulated by the Water Act, Building Act, ^ 4)
case of decisions relating to water works and water management measures.

(2) The Ministry of Agriculture in cooperation with the Ministry of Environment
decree stipulates in which cases and what documents are needed
submit an application for a decision, building approval, setting
protection zone water work, determination
protective zone of water resources or comment on the announcement or notification of use, as well as essentials
decision, measures of general nature, agreements and statements
in accordance with this Act.

(3) In cases where the decision of the water authority may affect water
conditions in the territorial districts of several municipalities, notify the water authority
date and subject of the hearing public decree at the municipal authorities.

(4) The parties to the proceedings are also municipalities, in whose territorial jurisdiction may occur
water authority's decision affect water regime or
environment, unless stipulated otherwise.

(5) The parties control the watercourse administrator in cases where
management of the watercourse.

(6) civic association, whose aim is, according to its statutes Protection

Environment, is entitled to be informed about
commenced administrative proceedings under this Act, if such information
water authority so requests, with the exception of the construction proceedings conducted pursuant to §
15 management and follow-up assessment on the environment by
§ 3 point. g) of the Act on the assessment of environmental impact;
request must be in terms of subject and location of the proceeding.
This application is valid for one year from the date of filing, it can be administered repeatedly.

(7) civic association has the status of a party
conducted under this Act, except for construction of proceedings under § 15
management and follow-up assessment of the environmental impact in accordance with § 3
point. g) of the Act on the assessment of environmental impacts if
such position is requested within 8 days of the communication
information pursuant to paragraph 6. The date of the report regarding initiation
means the day of receipt of the written copy or the first day of her
publication on the official board of the administrative authority and
manner allowing remote access.

(8) The water authority in document, which orders the date and the subject
hearing, notify the parties and the relevant authorities at least 10
days before the hearing that the binding opinions and objections, or
evidence They may apply at the latest at the hearing, otherwise they will not be taken into account
. Drops if the water authority of the hearing, determine
period which shall not be less than 10 days to the relevant authorities can apply
binding opinions and the parties of its objections, or
evidence. About a deadline will be issued resolutions. If it is a decision
regarding water cannons, proceed according to the Building Act.

(9) In the case of management follow-up to the EIA
environment according to § 3. g) of the EIA
environment is the management of a large number of participants.
Hold a public hearing to announce a public notice that must be posted
least 30 days in advance. Everyone can later at a public oral hearing
to comment, otherwise taken into account.
Drops if the water authority oral hearing, announce the initiation of proceedings public
decree, which shall prescribe a period of not less than 30 days from the posting
decree, in which everyone can exercise their comments. The later
raised comments were taken into account.

(10) If the decision will affect water conditions or water quality in the district
jurisdiction of another water authority or if the water project, which it decided
partly within the territorial jurisdiction of another water authority decides || | materially and locally relevant water authority, after consulting with those
water authorities, the territorial districts of the decision relates.

(11) In simple cases, especially if it can be determined on the basis of documents submitted by the parties
the water management, water management decides
office without delay; the provisions of § 36 and 47 of the Administrative Procedure do not apply, and
case of ex officio procedure, the decision may be the first act in
management. In other cases, decide no later than 60 days after the commencement
water rights proceedings; in especially complicated cases within 3 months.

(12) If any of the conditions under § 140 paragraph. 1
Administrative Procedure in relation to joint control.

(13) If there are new relevant facts, the water authority in
new water management change or cancel its other decisions
issued in connection with the authorization, which was changed or canceled.

(14) The costs of expert opinions, which are required in water management
proceedings initiated by an applicant for a permit or agreement under
this Act shall be borne by the applicant.

(15) The issuance, amendment, revocation or lapse of another decision
water authority over permits for water use
apply the provisions of § 12 and 13 mutatis mutandis.

(16) Subscriber authorization procedure for sampling groundwater the applicant and further
person under paragraphs 4 and 7. Participants procedures for determining the administrator
small watercourse or to cancel the applicant, former manager
a small watercourse, river basin administrator and communities whose territories
small water stream flows. To issue the appropriate decision to reflect

Water authorities (§ 106 para. 1).

(17) When imposing measures to remedy deficiencies identified during
water supervision whose scope can not be determined without prior
research or prior preparation of technical documents can be stored separately
such research or preparation of | || documents and publish their results by individual decisions required to remedy
. If the decision on remedial measures to deal with water
way, which otherwise requires permission pursuant to § 8, this
permits already issued. In the case where, after the decision on
remedial measures are new relevant facts can issue new
decision on remedial measures.

(18) Handling Regulations waterworks water authority approves
decision.

(19) If the water works or activities to administrative districts
several water authorities is a matter for the water authority in whose administrative district
decisive part of the waterworks or whose
administrative district to execute a crucial part of the operation.
Activities mean water use activities referred to in § 14 and other activities
under the Act, including projects that have issued statements
water authority under § 18. Local water authority for determining
protection zones water source or water work is the water authority in
whose administrative ward waterworks with which the establishment of protection zones
related.

(20) During the hearing of a case in the special bodies established by
international agreements binding the Czech Republic, the deadline for issuing a decision
running.

§ 115a
Measures of general nature


(1) Measures of general nature pursuant to § 6 par. 4 and § 109 para. 1
take effect, unless stipulated otherwise by the water authority, before discussing
, on the day posting a public notice, which measures
announces a general nature. The issue of a general measure
notify the water authority, the person suitable in the usual manner.

(2) If the water authority does not provide a public decree under paragraph 1
otherwise, is to discuss general measure of public and takes place on the day that
water authority in the decree state; Public consultation
can not be held sooner than five days following the announcement of the decree.

(3) The provisions of § 172 paragraph. 5 of the Administrative Code in case of issuance
general measure pursuant to § 6. 4, § 25 par. 3, § 66 para. 7 and
§ 109 para. 1 apply.

(4) Settlement of comments or objections, the water authority shall publish on its official
board.

(5) In case of changes or cancellations general measures apply
paragraphs 1-4 analogy.
TITLE XII



ADMINISTRATIVE OFFENCES Part 1

Offences

Heading left


§ 116

(1) A person who commits an offense that

A) fails to comply with any decision or measure of a general nature issued for the purpose
modification, restriction or prohibition of the use of surface water
according to § 6 par. 4

B) manages surface water or groundwater pursuant to § 8. 1
without permission for water use,

C) carry out activities pursuant to § 14 para. 1 without the permission of the water authority
or contrary to it,

D) contrary to § 16 para. 1 or 2 launches without permission of the water authority
into drains waste water containing especially dangerous substances
,

E) carry out the construction, facility or activity according to § 17 para. 1
without the approval of the water authority or contrary to it,

F) violates the prohibition under § 28 par. 2

G) violates the prohibition under § 30 paragraph. 7 or 8

H) fails to take technical measures or use of land or buildings in
inconsistent with the general measure pursuant to § 30 paragraph. 10

I) fails to comply with the action program in the vulnerable areas according to § 33 para. 2

J) shall release the fish or other aquatic animals, alien, genetically
improper or unverified populations of native species in the water
courses or water tanks in conflict with § 35 para. 3,

K) inconsistent with § 39 par. 1 fails when handling harmful substances
adequate measures in order to get into surface water or groundwater, and
thus endangering their environment

L) violates the prohibition under § 46 par. 1 or 2

M) violates the prohibition under § 58 para. 1 or restriction under paragraph. 3,


N) fails to comply with the obligation to provide protection against floods according to § 63 paragraph
. 3

O) violates the prohibition of activities in the active zone of the flooded area according to § 67 paragraph
. 2

P) treated with waters in contravention of the decision or measure of a general nature under
109 para. 1 or implement measures imposed under § 109
paragraph. 2, or

Q) fails to comply with the measures imposed under § 110 paragraph. 1 or § 112.
1 point. b).

(2) An offense under paragraph 1 may be fined

A) to CZK 20 000, in the case of an offense under a), g), m), n) or
o)

B) to CZK 50 000, in the case of an offense under subparagraph i), j), l), p) or
q)

C) 100 000 CZK, if it is an offense under subparagraph b), c), d), e), f)
or h), or

D) 500 000 CZK, where an offense under subparagraph a).

(3) An offense under subsection 1. b) committed
sampling of surface waters without a permit for water use shall be fined in the amount of times
rate of 40 CZK per 1 m3 of illegally withdrawn surface water and
total amount of these waters, up to a maximum of 500 000 CZK .

(4) An offense under subsection 1. b) committed
sampling of underground waters without a permit for water use shall be fined in the amount
times the rate of CZK 70 per 1 m3 of illegally withdrawn groundwater and the total amount
these waters, up to a maximum of 500 000 CZK .

(5) A fine for a misdemeanor committed by illegal collection of surface water or groundwater
can be imposed for a maximum period of 3 years preceding
date when the illegal water withdrawal was revealed. Penalty pursuant to paragraphs 3 or 4
can be reduced, if not for reasons worthy of special consideration.
Fine pursuant to paragraph 3 shall not be levied at a rate lower than CZK 10
1 m3 of illegally withdrawn surface water or at a rate lower than 25
CZK per 1 m3 of illegally withdrawn groundwater.

(6) If you can not determine the amount of surface water or groundwater
taken without permission for water use or contrary to it,
the authority imposing a fine amount of water consumed by the indicative figures
annual water needs by decree implementing the law on Water and Sewage
^ 44a). If you can not water abstracted
establish such a procedure, provides the authority imposing the fine estimation;
This is also based on the purpose of use of water abstracted and local conditions.

§ 117

Violation in the use of surface waters for navigation

(1) A natural person as the operator of the vessel commits an offense that


A) contrary to § 7 para. 2 equips vessels with the necessary equipment to
accumulation of sewage or equipment to an accumulation of waste water does not operate properly
or prevent leakage of waste water or harmful substances from vessels into
surface water, or

B) pumped waste water or harmful substances from vessels or vessel supplying
fuel or operating materials contrary to § 7 para. 4th

(2) A person who is a leader of a vessel commits an offense that

A) uses a vessel with a combustion engine to sail on open water in
contrary to § 7 para. 5, or

B) uses a ship to sail against the specified range and
terms for use of surface waters for navigation under § 7 para. 5th

(3) An offense under paragraphs 1 and 2 may be fined

A) to CZK 50 000, in the case of an offense under subsection 1. and); If
But the escape of waste water or harmful substances into surface water
can be fined up to CZK 200 000,

B) 100 000 CZK, in the case of an offense under subsection 1. b)

C) 200 000 CZK, in the case of an offense under paragraph 2

D) in the block management to CZK 5,000, in the case of an offense under paragraph 2
point. b).

§ 118

Breach of other obligations in water management

(1) A natural person as a legitimate commits an offense that

A) treats surface water or groundwater under § 8 inconsistent with
permit for water use,

B) does not measure the amount of surface water or groundwater according to § 10 paragraph.
1 or 2, or

C) contrary to § 38 par. 4 does not measure the volume of wastewater discharged
or their degree of contamination or the results of measurements does not pass to the water
office or

D) failing to disposal of waste water accumulated in non-outflow reservoir
according to § 38 paragraph. 6th

(2) A natural person as the acquirer of rights and obligations arising from
permits for water use, with the exception of a removal of surface

Or ground water exceeding 6,000 m3 per year or 500 m3 per month,
commits an offense by failing to report in accordance with § 11 para. 1
transition or transfer the land or building to which the permit for water use | || connected.

(3) An offense may be fined

A) up to CZK 5,000, in the case of an offense under paragraph 2

B) to CZK 50 000, in the case of an offense under subsection 1. b), c), d) or


C) 500 000 CZK, where an offense under subsection 1. and).

(4) An offense under subsection 1. a) committed
sampling of surface waters in contravention of permit for water use shall be fined in the amount
under § 116 paragraph. 3. The provisions of § 116 paragraph. 5 and 6 shall apply mutatis mutandis
.

(5) An offense under subsection 1. a) committed
sampling of underground waters in contravention of permit for water use shall be fined in the amount
under § 116 paragraph. 4. The provisions of § 116 paragraph. 5 and 6 shall apply mutatis mutandis
.

§ 119

Violation of the obligations of owners and builders of waterworks

(1) A natural person as the owner or builder of the waterworks
commits an offense that

) Does not maintain waterworks in good condition according to § 59 para. 1 point. b)
and

B) does not perform technical and safety supervision according to § 59 para. 1 point. C).

(2) A natural person as the owner or builder of the waterworks
I to IV. Category commits an offense if they fail to meet any of the obligations
in the implementation of technical and safety supervision according to § 62 paragraph. 4th

(3) A natural person as an owner or builder waterworks
I or II. Category commits an offense that has been dealt execution
safety work with the person in charge of the technical and safety supervision
according to § 75 para. 3rd

(4) A natural person as the owner of the waterworks commits an offense that


A) operates the waterworks in conflict with § 59 para. 1 point. a)

B) water authority fails to approve a proposal to modify
handling regulations pursuant to § 59 para. 1 point. a)

C) disregards instructions watercourse administrator in case of an emergency on the affected watercourse
according to § 59 para. 1 point. e)

D) does not remove objects and matter trapped by the water works according to § 59 paragraph
. 1 point. f)

E) does not place a brand, a brand or a water gauge A continuous or not allow
data on flow rates in the river or to ensure special treatment
spillway or outlet according to § 59 para. 1 point. g)

F) does not place navigation signs in accordance with § 59 para. 1 point. h)

G) fails to technical revision of the water works, does not pass the results of the review
water authority or deletes detected defects according to § 59 para. 1
point. k)

H) fails or fails to approve the order handling
water project or a proposal to supplement, change or modification in accordance with § 59 para. 5, or

I) comply with the obligation to protect against floods in accordance with § 84

(5) A natural person as the owner of the levee serving for flood protection
, impoundment or accumulation of surface water
commits an offense that does not remove natural seeding vegetation according to § 59 para. 1 point. j).

(6) A natural person as the owner of the waterworks serving for impounding water
commits an offense that

) Does not maintain in proper condition the bottom and banks of the watercourse and
does not create conditions for the migration of aquatic organisms, unless the building according to § 59 paragraph
. 1 point. i), or

B) notifies the special flood hazard or does not warn in case
danger of default under imminent threat of physical or legal persons
according to § 73 para. 3rd

(7) An offense may be fined

A) up to 20 000 CZK, if it is a misdemeanor pursuant to paragraph 2 or 4
point. f), g), h), i)

B) 100 000 CZK, if it is a misdemeanor pursuant to paragraph 4. b), c), d), e
), paragraph 5 or 6 point. a)

C) 500 000 CZK, where an offense under subsection 1. b)
paragraph 3, or

D) to CZK 1 000 000, in the case of an offense under subsection 1. a)
to paragraph 4. a) or paragraph 6 point. b).

§ 120

Violation of the obligations of owners of land, buildings and equipment

(1) A natural person as the land owner commits an offense that
fulfill the obligation under § 27th

(2) A natural person as the owner of the land on which it is located
bed of the watercourse, commits an offense that does not fulfill the obligation under § 50.

(3) A natural person as the owner of land adjacent to the trough

Watercourse commits an offense that does not fulfill the obligation under § 51 paragraph
. 1st

(4) A natural person as the owner of the building or facility in the bed of a watercourse
commits an offense contrary to § 52. 1
not remove objects caught or stuck on construction or equipment.

(5) A natural person as the owner of the building, which is not water work, or
device in the bed of a watercourse commits an offense contrary
with § 52. 2 does not remedy the smooth surface runoff | || waters.

(6) A natural person as the owner of the land on which it resides
structure for land reclamation or its part that
associated with more land and was established in the public interest, and that was
built before the effectivity of this Act, commits an offense that

A) inconsistent with § 56 par. 4 point. a) refuses the structure for water management
land reclamation or its part

B) uses the land in contravention of § 56 par. 4 point. b)

C) contrary to § 56 par. 4 point. c) fails to report to the owner of the structure
land reclamation or water authority, obvious defects
its functions, or

D) contrary to § 56 par. 4 point. d) refuses use of land for maintenance
structures for land reclamation.

(7) A natural person as the owner of land adjacent to the water works
commits an offense that does not allow entry or vehicles to land in accordance with §
60 par. 1

(8) An offense may be fined

A) up to CZK 5,000, in the case of an offense under paragraph 6 point. c)

B) to CZK 10 000, in the case of an offense under paragraph 6 point. b)

C) to CZK 20 000, in the case of an offense referred to in paragraphs 1-3, paragraph 5, paragraph 6
point. a) and d) or paragraph 7, or

D) to CZK 50 000, in the case of an offense under paragraph 4.

§ 121

Violation of the obligations of owners of land, buildings and equipment and movable property owners
flood protection

(1) A natural person as the owner of the land or building
commits an offense that contrary to § 63 para. 3 does not allow entry or entry to
their land or buildings for flood protection.

(2) A natural person as the owner of the land or building that
located in floodplains or may worsen flooding
commits an offense that

A) has drawn a flood protection plan in accordance with § 71 para. 4 or 5 or

B) fails to comply with any of the obligations to prevent deterioration of the runoff
conditions or during floods under § 85.

(3) A natural person as the owner of the object
commits an offense by not ensuring flood safety work on the affected object
according to § 75 para. 3rd

(4) A natural person as the owner of movable property commits an offense
that cares about the placement or use of movable property in accordance with § 85 para.
Third

(5) An offense may be fined

A) 100 000 CZK, if it is a misdemeanor pursuant to paragraph 2. a)
paragraph 4 or

B) 500 000 CZK in the case of an offense under paragraph 1, paragraph 2.
B) or paragraph 3.

§ 122

Breach of duties when handling harmful substances

(1) An individual who holds a permit to discharge waste water containing
especially dangerous substances into the sewer, commits
offense that

A) discharged wastewater containing especially dangerous substances into the sewer
inconsistent with the permission of the water authority pursuant to § 16 par. 1 or 2
or

B) contrary to the decision of the water authority pursuant to § 16 para. 4
does not measure the volume of wastewater discharged or their degree of pollution
particularly dangerous harmful substances or measurement results not pass.

(2) A natural person who is treated with harmful substances to a greater extent
or manipulation is associated with an increased risk of surface water or groundwater
commits an offense that

A) treats them without an approved emergency plan pursuant to § 39 par. 2
point. a) or

B) does or does not keep records of the measures taken pursuant to § 39 paragraph
. 2 point. b).

(3) A natural person who treats especially hazardous substances or hazardous substances or
treated with harmful substances to a greater extent
or manipulation is associated with increased risk, the
commits an offense to fulfill any of its obligations under § 39 paragraph
. 4th


(4) A natural person who treats especially hazardous substances, the
commits an offense that does not records or information
according to § 39 paragraph. 6th

(5) An offense may be fined

A) to CZK 50 000, in the case of an offense under paragraph 1, paragraph 2.
B) or subsection 4; if the offense was committed under paragraph 1
draining waste water containing especially dangerous substances into the sewer,
can be fined up to CZK 500 000

B) 200 000 CZK, if it is a misdemeanor pursuant to paragraph 2. a) or

C) 500 000 CZK, where an offense under paragraph 3.

(6) When determining the amount of the fine for the offense under paragraph 1 shall take into account
fine imposing body especially the circumstances under which the illegal
use occurred, as to how the individual progeny of removal or
mitigate harmful consequences, the quantity and nature
leaked substance to the place where the actual threat has occurred, the quantity and nature
harmful substances that penetrate into surface or groundwater,
harmful consequences and possibilities of their elimination and the impact
harmful substance on the quality of these waters and the degree of protection of the territory.

§ 123

Violation of duty in accidents

(1) A natural person as the cause of the accident commits an offense that

A) fails immediate measures to eliminate the causes or consequences of an accident or
during its removal does not follow the approved
emergency plan or instructions of the water authority or the Czech Environmental Inspectorate
environment according to § 41 paragraph. 1, || |
B) does not report the accident immediately according to § 41 paragraph. 2, or

C) fails to comply with an invitation to cooperate in the implementation of measures to eliminate
causes or consequences of the accident according to § 41 paragraph. 5th

(2) A natural person commits an offense in a crash that

A) fails to report an accident immediately, he realized according to § 41 paragraph. 2

B) fails to provide the requested data on accidents according to § 41 paragraph. 6, or

C) a person who was imposed a remedial measure fails
land or building, which had to be used for removing defective state,
to its previous status under § 42 para. 8th

(3) An offense may be fined

A) to CZK 50 000, in the case of an offense under subsection 2. b)

B) 100 000 CZK, in the case of an offense under subsection 1. c) or
paragraph 2. a), c) or

C) 500 000 CZK, where an offense under subsection 1. a) and b).

§ 124

Violation of duty administrator of a small watercourse

(1) The person who is an administrator of a small watercourse or stretch
commits an offense that

A) fulfill any of the obligations pursuant to § 47 para. 2

B) does not provide flood safety work in accordance with § 75 para. 3, or

C) does not fulfill the obligation in flood protection in accordance with § 83.

(2) An offense under paragraph 1 may be fined

A) to CZK 50 000, in the case of an offense under a), or

B) 200 000 CZK, where an offense referred to in subparagraphs b) and c).

§ 125

Violation fee obligations

(1) A natural person commits an offense as a polluter that

A) contrary to § 91 para. 1 following
concentration of pollution in discharged waste water or measure the volume of discharges
water

B) contrary to § 91 para. 1 does not operational records of monitoring and measurement
pollution concentrations in discharged waste water or
their volume or keep documents for its management, or

C) to allow persons authorized inspection laboratories and measuring groups and
persons carrying out activities in accordance with § 126b enter the controlled
objects or fails to provide them with the necessary documents for inspection or fails
conditions of sampling all outlets controlled
pollution sources according to § 92 paragraph. 3rd

(2) An offense may be fined

A) to CZK 50 000, in the case of an offense under subsection 1. b), c), or

B) 100 000 CZK, in the case of an offense under subsection 1. and).
Part 2


Administrative offenses of legal entities and individuals

§ 125a

(1) A legal or natural person commits an administrative offense
that

A) fails to comply with any decision or measure of a general nature issued for the purpose
modification, restriction or prohibition of the use of surface water
according to § 6 par. 4

B) manages surface water or groundwater pursuant to § 8. 1 without

Permits for water use,

C) carry out activities pursuant to § 14 para. 1 without the permission of the water authority
or contrary to it,

D) contrary to § 16 para. 1 or 2 launches without permission of the water authority
into drains waste water containing especially dangerous substances
,

E) carry out the construction, facility or activity according to § 17 para. 1
without the approval of the water authority or contrary to it,

F) violates the prohibition under § 28 par. 2

G) violates the prohibition under § 30 paragraph. 7 or 8

H) fails to take technical measures or use of land or buildings in
inconsistent with the general measure pursuant to § 30 paragraph. 10

I) fails to comply with the action program in the vulnerable areas according to § 33 para. 2

J) shall release the fish or other aquatic animals, alien, genetically
improper or unverified populations of native species in the water
courses or water tanks in conflict with § 35 para. 3,

K) discharged mine water into surface water or groundwater in conflict with §
38 par. 3,

L) in contravention of § 39 par. 1 fails when handling harmful substances
adequate measures in order to get into surface water or groundwater, and
thus endangering their environment

M) breaching the ban on washing of motor vehicle or operating mechanism
according to § 39 par. 9

N) violates the prohibition under § 46 para. 1

O) violates the prohibition under § 58 par. 1 or limitation under § 58 par. 3,

P) fails to comply with the obligation to provide protection against floods according to § 63 paragraph
. 3

Q) violates the prohibition of activities in the active zone of the flooded area according to § 67 paragraph
. 2

R) launches mine water without fulfilling the conditions laid down by the water
Office or in conflict with them,

S) treated with waters in contravention of the decision or measure of a general nature
according to § 109 para. 1 or implement measures imposed under § 109
paragraph. 2, or

T) fails to comply with the measures imposed under § 110 paragraph. 1 or § 112.
1 point b).

(2) For an administrative offense under paragraph 1 shall be imposed

A) to CZK 20,000 in the case of an administrative offense under subparagraph a), g), o) or
p)

B) 100 000 CZK, for an administrative offense under subparagraph f), i), j), k)
m), q) or with)

C) 500 000 CZK, for an administrative offense under subparagraph b), c), e), h)
n) or t)

D) to CZK 1 000 000 in the case of an administrative offense under subparagraph l) or r) or


E) to 5,000,000 CZK, for an administrative offense under d).

(3) for an administrative offense under paragraph 1. b) committed
discharge of wastewater into surface or groundwater without permits
water use shall be fined up to 5 million CZK.

(4) for an administrative offense under paragraph 1. b) committed
sampling surface waters without a permit for water use shall be fined in the amount
times the rate of CZK 40 per 1 m3 of illegally withdrawn surface water
and the total amount of these waters, but not exceeding EUR 10 million CZK.

(5) for an administrative offense under paragraph 1. b) committed
sampling groundwater without a permit for water use shall be fined in the amount
times the rate of CZK 70 per 1 m3 of illegally withdrawn groundwater and
total amount of these waters, but not exceeding EUR 10 million CZK.

(6) The fine for an administrative offense committed by illegal collection of surface water or groundwater
may be imposed for a maximum period of 3 years
preceding the date when the illegal water withdrawal was revealed.
Rate fines in accordance with paragraph 4 or 5 may be reduced if the reasons for this
worthy of special consideration. The fine under paragraph 4 shall not be
levied at a rate of less than 10 CZK per 1 m3 of illegally withdrawn
surface water or at a rate lower than CZK 25 per 1 m3 of illegally withdrawn groundwater
.

(7) If you can not determine the amount of surface water or groundwater
taken without permission for water use or contrary to it,
the authority imposing a fine amount of water consumed by the indicative figures
annual water needs by decree implementing the law on Water and Sewage
^ 44a). If you can not water abstracted
establish such a procedure, provides the authority imposing the fine estimation;
This is also based on the purpose of use of water abstracted and local conditions.

§ 125b

Violation in the use of surface waters for navigation

(1) The legal entity or a natural person as the operator
vessel commits an administrative offense that


A) contrary to § 7 para. 2 equips vessels with the necessary equipment to
accumulation of sewage or equipment to an accumulation of waste water does not operate properly
or prevent leakage of waste water or harmful substances from vessels into
surface water

B) fails to ensure the operator's obligations special ship designed to carry
fuel and waste from vessels under § 7 para. 3,

C) pumped waste water or harmful substances from vessels or vessel supplying
fuel or operating materials contrary to § 7 para. 4

D) uses a vessel with a combustion engine to sail on open water in
contrary to § 7 para. 5, or

E) uses a ship to sail against the specified range and
terms for use of surface waters for navigation under § 7 para. 5th

(2) The operator of a port or operation of the ship commits an administrative offense
that contrary to § 7 para. 3 vessels supplying fuel and operating
materials or eliminates waste water or harmful substances from vessels
in ports or using a utility boat so that it is not excluded
pollution of surface water or groundwater.

(3) An administrative offense shall be imposed

) Up to 50 000 CZK, for an administrative tort pursuant to paragraph 1. and);
If, however, leakage of waste water or harmful substances into surface waters
can be fined up to CZK 200 000,

B) 100 000 CZK, for an administrative offense under paragraph 1. c)
and

C) 200 000 CZK, for an administrative offense under paragraph 1. b)
d), e) or paragraph 2.

§ 125c

Breach of other obligations in water management

(1) The legal entity or a natural person as an authorized
commits an administrative offense by

A) treats surface water or groundwater under § 8 inconsistent with
permit for water use,

B) does not measure the amount of surface water or groundwater according to § 10 paragraph.
1 or 2, or

C) contrary to § 38 par. 4 does not measure the volume of wastewater discharged
or their degree of contamination or the results of measurements does not pass to the water
office or

D) failing to disposal of waste water accumulated in non-outflow reservoir
according to § 38 paragraph. 6th

(2) A legal or natural person as transferee
rights and obligations arising from permits for water use, except
permits for the abstraction of surface water or groundwater exceeding 6,000
m3 per year or 500 m3 per month, commits an administrative offense that
notifies pursuant to § 11 para. 1 crossing the land or building to which it is
permits for water use associated.

(3) An administrative offense shall be imposed

A) 5 000 CZK, for an administrative offense under paragraph 2

B) up to 50 000 CZK, for an administrative offense under paragraph 1. b), c), d
) or

C) 500 000 CZK, for an administrative tort pursuant to paragraph 1. and).

(4) for an administrative offense under paragraph 1. a) committed
discharge of wastewater into surface water or groundwater in violation of an authorization
water disposal will be fined up to 5 million CZK.

(5) for an administrative offense under paragraph 1. a) committed
sampling of surface waters in contravention of permit for water use can save
fine in the amount determined pursuant to § 125a paragraph. 4. The provisions of § 125a paragraph.
6 and 7 shall apply mutatis mutandis.

(6) for an administrative offense under paragraph 1. a) committed
groundwater sampling at variance with the permit for water use can save
fine in the amount determined pursuant to § 125a paragraph. 5. The provisions of § 125a paragraph.
6 and 7 shall apply mutatis mutandis.

§ 125d

Violation of the obligations of owners and builders of waterworks

(1) A legal or natural person as the owner or builder of the waterworks
I to IV. Category commits an administrative offense
that

) Does not maintain waterworks in good condition according to § 59 para. 1 point. b)
and

B) does not perform technical and safety supervision according to § 59 para. 1 point. C).

(2) A legal or natural person as the owner or builder of the waterworks
I to IV. category
commits an administrative offense by failing to meet any of the obligations in the implementation
technical and safety supervision according to § 62 paragraph. 4th

(3) A legal or natural person as the owner or builder of waterworks
I or II. Category commits an administrative offense
that it does not discuss the implementation of security work with the responsible person

Implementation of technical and safety supervision according to § 75 para. 3rd

(4) A legal or natural person as the owner of the water
works commits an administrative offense that

A) operates the waterworks in conflict with § 59 para. 1 point. a)

B) water authority fails to approve a proposal to modify
handling regulations pursuant to § 59 para. 1 point. a)

C) disregards instructions watercourse administrator in case of an emergency on the affected watercourse
according to § 59 para. 1 point. e)

D) does not remove objects and matter trapped by the water works according to § 59 paragraph
. 1 point. f)

E) does not place a brand, a brand or a water gauge A continuous or not allow
data on flow rates in the river or to ensure special treatment
spillway or outlet according to § 59 para. 1 point. g)

F) does not place navigation signs in accordance with § 59 para. 1 point. h)

G) fails to technical revision of the water works, does not pass the results of the review
water authority or does not remove the defects found by the 59 paragraph. 1
point. k)

H) fails or fails to approve the order handling
water project or a proposal to supplement, change or modification in accordance with § 59 para. 5, or

I) comply with the obligation to protect against floods in accordance with § 84

(5) A legal or natural person as the owner of the dam
serving for flood protection, damming or accumulation of surface waters
commits an administrative offense, are not eliminated by natural seeding vegetation
§ 59 paragraph. 1 point . j).

(6) A legal or natural person as the owner of the water
works pertaining to the impoundment commits an administrative offense that

) Does not maintain in proper condition the bottom and banks of the watercourse and
does not create conditions for the migration of aquatic organisms, unless the building according to § 59 paragraph
. 1 point. i), or

B) notifies the danger of special flood or does not warn in case
danger of default under imminent threat of physical or legal persons
according to § 73 para. 3rd

(7) An administrative offense shall be imposed

A) up to 20 000 CZK, for an administrative tort pursuant to paragraph 2 or 4
point. f) g) h)

B) 100 000 CZK, for an administrative offense pursuant to paragraph 4. b)
c), d), e), i), paragraph 5 or paragraph 6 point. a)

C) 500 000 CZK, for an administrative tort pursuant to paragraph 1. b)
or paragraph 3 or

D) 1 000 000 CZK, for an administrative tort pursuant to paragraph 1. a)
to paragraph 4. a) or paragraph 6 point. b).

§ 125e

Violation of the obligations of owners of land, buildings and equipment

(1) A legal or natural person as the owner of land
commits an administrative offense by failing to fulfill the obligation under § 27th

(2) A legal or natural person as the owner of the land on which
located watercourse, commits an administrative offense, that
fulfill the obligation under § 50.

(3) A legal or natural person as the owner of land
adjacent to the watercourse commits an administrative offense that
fulfill the obligation pursuant to § 51 paragraph. 1st

(4) A legal or natural person as the owner of the building or facility
in the bed of a watercourse commits an offense contrary
with § 52 paragraph. 1 does not resolve objects caught or stuck on construction or || | device.

(5) A legal or natural person as the owner of the building, which is not
water work, or equipment in the bed of a watercourse
commits an administrative offense that contrary to § 52 paragraph. 2 does not remedy | || the smooth runoff of surface water.

(6) A legal or natural person as the owner of the land on which
building is located on land reclamation or
its part, related to more land and was established in the public interest
, that was constructed before the effectivity of this Act, commits an administrative offense
that

A) inconsistent with § 56 par. 4 point. a) refuses the structure for water management
land reclamation or its part

B) uses the land in contravention of § 56 par. 4 point. b)

C) contrary to § 56 par. 4 point. c) fails to report to the owner of the structure
land reclamation or water authority, obvious defects
its functions, or

D) contrary to § 56 par. 4 point. d) refuses use of land for maintenance
structures for land reclamation.

(7) A legal or natural person as the owner of land

Adjacent to the water works, commits an administrative offense by not allowing
entrance or driveway to the land under § 60 par. 1

(8) An administrative offense shall be imposed

A) up to 20 000 CZK, for an administrative offense under paragraph 6 point. c)

B) up to 50 000 CZK, for an administrative offense under paragraph 3 or paragraph 6
point. b)

C) 100 000 CZK, for an administrative offense under paragraph 1, paragraph 2
paragraph 5, paragraph 6 point. a), d) or paragraph 7, or

D) 200 000 CZK, for an administrative offense under paragraph 4.

§ 125f

Violation of the obligations of owners of land, buildings and equipment and movable property owners
flood protection

(1) A legal or natural person as the owner of land or buildings
commits an administrative offense, contrary to § 63 para. 3
allow entry or entry of land or buildings to provide protection | || flood.

(2) A legal or natural person as the owner
land or buildings that are located in floodplains or may aggravate the flood
, commits an administrative offense that

A) has drawn a flood protection plan in accordance with § 71 para. 4 or 5 or

B) fails to comply with any of the obligations to prevent deterioration of the runoff
conditions or during floods under § 85.

(3) A legal or natural person as the owner of the object
commits an administrative offense by not ensuring flood
safety work on the said object in accordance with § 75 para. 3rd

(4) A legal or natural person as the owner of movable property
commits an administrative offense that cares about the placement or use of movable property
according to § 85 para. 3

(5) An administrative offense shall be imposed

A) 100 000 CZK, for an administrative offense pursuant to paragraph 2. a)
paragraph 4 or

B) 500 000 CZK, for an administrative tort pursuant to paragraphs 1, 2
point. b) or paragraph 3.

§ 125 g

Breach of duties when handling harmful substances

(1) A legal or natural person who holds
permit to discharge waste water containing especially dangerous substances
into drains, commits an administrative offense by

A) discharged wastewater containing especially dangerous substances into the sewer
inconsistent with the permission of the water authority pursuant to § 16 par. 1
or 2

B) contrary to the decision of the water authority pursuant to § 16 para. 4
does not measure the volume of wastewater discharged or their degree of pollution
particularly dangerous harmful substances or measurement results not pass.

(2) A legal or natural person who treats
harmful substances to a greater extent or handling
is associated with increased risk of surface water or groundwater,
commits an administrative offense by that

A) treats them without an approved emergency plan pursuant to § 39 par. 2
point. a) or

B) does or does not keep records of the measures taken pursuant to § 39 paragraph
. 2 point. b).

(3) A legal or natural person who treats separately
hazardous substances or hazardous substances or treats
harmful substances to a greater extent or manipulation is associated with an increased risk of
commits an administrative offense if it fails to comply with any of the obligations
according to § 39 par. 4

(4) A legal or natural person who treats separately
dangerous substances commits an administrative offense if it does not
records or information pursuant to § 39 paragraph. 6th

(5) An administrative offense shall be imposed

A) 100 000 CZK, for an administrative offense under paragraph 1. b)
paragraph 2. b) or subsection 4

B) 500 000 CZK, for an administrative offense pursuant to paragraph 2. a)

C) 1 000 000 CZK, for an administrative offense under paragraph 3, or

D) to 5,000,000 CZK, for an administrative offense under paragraph 1. and).

(6) When determining the amount of the fine for an administrative offense under paragraph 1
the fine imposing body will, in particular, under which
illegal use occurred, as to how the legal entity or individual entrepreneur
progeny to eliminate or mitigate harmful consequences,
quantity and nature of the leaked substance to the place where the actual threat
occurred, the amount and nature of harmful substances, which penetrated into

Surface water or groundwater, the detrimental consequences and possibilities
their elimination and the impact of the harmful substances on the quality of these waters and
degree of protection of the territory.

§ 125h

Violation of duty in accidents

(1) The legal entity or a natural person as the cause of the accident
commits an administrative offense that

A) fails immediate measures to eliminate the causes or consequences of an accident or
during its removal does not follow the approved
emergency plan or instructions of the water authority or the Czech Environmental Inspectorate
environment according to § 41 paragraph. 1, || |
B) does not report the accident immediately according to § 41 paragraph. 2, or

C) fails to comply with an invitation to cooperate in the implementation of measures to eliminate
causes or consequences of the accident according to § 41 paragraph. 5th

(2) A legal or natural person in a crash
commits an administrative offense by

A) fails to report an accident immediately, he realized according to § 41 paragraph. 2

B) fails to provide the requested data on accidents according to § 41 paragraph. 6, or

C) a person who was imposed a remedial measure fails
land or building, which had to be used for removing defective state,
to its previous status under § 42 para. 8th

(3) An administrative offense shall be imposed

A) up to 50 000 CZK, for an administrative offense pursuant to paragraph 2. b)

B) 100 000 CZK, for an administrative offense under paragraph 1. c)
or paragraph 2. a), c) or

C) 500 000 CZK, for an administrative tort pursuant to paragraph 1. ) and
b).

§ 125i

Violation of duty watercourse administrator and the administrator basin

(1) The legal entity or a natural person as an administrator of a small watercourse
commits an administrative offense that

A) fulfill any of the obligations pursuant to § 47 para. 2

B) does not provide flood safety work in accordance with § 75 para. 3, or

C) does not fulfill the obligation in flood protection in accordance with § 83.

(2) The legal person as administrator of significant water flow
commits an administrative offense by

A) fulfill any of the obligations pursuant to § 47 para. 2

B) does not provide flood safety work in accordance with § 75 para. 3, or

C) does not fulfill the obligation in flood protection in accordance with § 83.

(3) The legal person as administrator basin
commits an administrative offense by not performing duty in flood protection in accordance with § 82.

(4) An administrative offense shall be imposed

) Up to 50 000 CZK, for an administrative tort pursuant to paragraph 1. a)

B) 100 000 CZK, for an administrative offense pursuant to paragraph 2. a)

C) 200 000 CZK, for an administrative offense under paragraph 1. b)
c) or

D) to 500,000 CZK, for an administrative offense pursuant to paragraph 2. b), c) or paragraph 3.


§ 125j

Breach of obligations of the municipality

(1) The municipality commits an administrative offense if it fails to submit an application for planning permission
according to § 92 of the Building Act in order to meet
obligations laid down in Art. II section 6 of the Act no. 20/2004 Coll.

(2) An administrative offense shall be fined up to 1 million CZK.

§ 125k

Violation fee obligations

(1) A legal or natural person as a polluter
commits an administrative offense that

A) contrary to § 91 para. 1 following
concentration of pollution in discharged waste water or measure the volume of discharges
water

B) contrary to § 91 para. 1 does not operational records of monitoring and measurement
pollution concentrations in discharged waste water or
their volume or keep documents for its management, or

C) to allow persons authorized inspection laboratories and measuring groups and
persons carrying out activities in accordance with § 126b enter the controlled
objects or fails to provide them with the necessary documents for inspection or fails
conditions of sampling all outlets controlled
pollution sources according to § 92 paragraph. 3rd

(2) An administrative offense shall be imposed

) Up to 50 000 CZK, for an administrative tort pursuant to paragraph 1. b), c), or


B) 100 000 CZK, for an administrative offense under paragraph 1. and).
Part 3


Joint provisions on administrative offenses

§ 125 l

(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.


(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences
and the circumstances under which it was committed.

(3) The Czech Environmental Inspectorate or municipal authority with extended powers
may, on application to the offender to stop
administrative proceedings if the offender receives
practical measures to eliminate the consequences of the breach, as well i
measures to prevent further threats or
pollution of groundwater or surface water, and the imposition of fines by reference to the costs
taken measures would lead to unreasonable hardship. Due to the implementation of measures preventing from
produce other adverse consequences can be
proceedings on administrative offense interrupt.

(4) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 3 years after the date on which it was committed .

(5) The rate of fines for administrative offenses under this Act shall be increased to twice
for a maximum of EUR 20 million CZK, if the same
administrative offense was committed repeatedly. Administrative offense is committed repeatedly
far from the day when the decision to impose a fine for the same administrative offense
came into force, has been less than one year.

(6) When determining the amount of the fine for the administrative offense committed
discharge of wastewater without a permit for water use or contrary to it,
the fine imposing body especially the degree of exceeding the conditions permit to discharge
these waters, the impact on the quality of surface water or groundwater
and its local scale, the degree of protection
territory concerned and the reason for illegal water discharge.

(7) The administrative offense pursuant to § 125j in the first instance
Czech Environmental Inspectorate. Administrative offenses under § 117 paragraph. 2 and §
125b paragraph. 1 point. d) e) In the first instance the State Navigation Administration
. Other offenses under this Act shall be heard in the first instance
municipality with extended competence or the Czech Environmental Inspectorate
environment. Offences in block proceedings under § 117 paragraph. 3 point. d)
discusses the State Navigation Administration or the Police of the Czech Republic.
Discuss administrative offense from the competent administrative authorities, who previously started
control, or if the proceedings commenced on the same day as municipal authority with extended powers
or the State Navigation Administration.

(8) breach of the obligations laid down building regulations and related
with water cannons stored municipalities with extended powers
fines pursuant to special Act 4).

(9) Fines imposed by the Czech Environmental Inspectorate and the State
navigation management collected and enforced by the customs office.
The fine is payable within 15 days from the date when the decision on its imposition became legally
power.

(10) Fines imposed by the Czech Environmental Inspection and municipalities State
navigation management are revenue of the State Environmental Fund.
Other fines imposed by the Czech Environmental Inspectorate are 50%
budget revenue of the municipality in whose jurisdiction an administrative tort
committed, and 50% of income for the State Environmental Fund of the Czech Republic
. Fines imposed by a municipal authority with extended powers are
income for the municipality with extended powers.

(11) The liability for conduct that occurred in the business of a natural person
^ 44b), or in direct connection with the provisions
law on sanctions to legal persons.
TITLE XIII


COMMON AND TRANSITIONAL PROVISIONS

§ 126
Common provisions


(1) When used in this Act the term "owner" or "acquirer"
understood to also include the person having the right management. If the owner
transferred rights or obligations to which the relevant provision refers to
users looking to him as the owner.

(2) Watercourse administrators, if state organizations are obliged
to the challenge to take over from the relevant government departments
dams on rivers and land forming watercourse channels in sections, which
manage, since these government departments, if
manages that property under a special law because when
its acquisition by the State did not appear that the organizational unit or state

Organization is competent to manage with him, or it was found that the
state property, but no government department or organization with state
not manage it. ^ 45) If in doubt about which administrator || | take a water project or land State determines such an administrator
Ministry of agriculture; Such designation shall not be a decision in
administrative proceedings.

(3) Detailed drainage facilities in state ownership located on
trespassing happens including the relevant technical documentation, if
the available property of the landowner concerned that
structure and detailed drainage facilities built state on land
which is owned by the state, shall be transferred
this land to a new acquirer free of charge together with the land
if not notified within 24 months from the effective date of this Act, the competent
water authority He disagrees with the transition.
The transfer of ownership takes place the day following the expiry of the deadline for
objecting to the transfer.

(4) The powers of water authorities are not expressly stated to be assessed by
areas in which they execute state administration.

(5) Decisions under § 8. 1, § 12 para. 1, § 16 para. 1, § 17 paragraph
. 1, § 39 par. 2 point. a) be issued pursuant to this Act
if their extradition replaced by procedure in extradition proceedings
integrated permit pursuant to the Act on integrated prevention and control
pollution, the integrated pollution register and amending some laws
( integrated prevention Act).
Other provisions of this Act, including the time limit of validity permitted waste
waters, without prejudice and should be in the process according to the Act on integrated prevention
taken into account, with the exception of the requirement of the current edition
decision under § 9 paragraph. the fifth person having the right of decision
issued by the integrated prevention Act, shall be deemed
authorized under the water Act (§ 8 para. 2).

(6) reporting obligations to the water authorities or authorized
entities pursuant to § 10 paragraph. 1, § 22 paragraph. 2, § 38 par. 3, § 88 para. 5
and 10, § 93 paragraph . 1 and § 94 paragraph. 1
filled through an integrated system of reporting obligations in environmental
or data mailbox ministry intended to fulfill reporting obligations
environment pursuant to the Act on integrated registry
environmental pollution, and integrated system performance
reporting obligations in the field of environment and amending some laws
.

(7) corrective action under § 42, § 110 paragraph. 1, § 111 paragraph.
2 or § 112 paragraph. 1 point. b) not be saved unless it was to remedy environmental damage
to surface water or groundwater issued a decision imposing
corrective measures under the law on the prevention of environmental damage and its
remedy and amending certain laws-45a). Initiated proceedings on imposing
remedial measures pursuant to § 42, § 110 paragraph. 1, § 111 paragraph. 2 or § 112
paragraph. 1 point. b) The water authority or the Czech Environmental Inspectorate
environment aborted if it was to remedy environmental damage to surface or groundwater
procedure initiated corrective measures
under the law on the prevention of environmental damage and its remedy and amending || | ^ some laws 45a).

(8) In proceedings under § 3 para. 3, § 8 par. 4, § 12 para. 1, § 38 par.
13, § 43 para. 2, § 44 para. 3, § 53 , § 55. 4, § 56 par. 5, § 61 paragraph
. 6, § 64 para. 2 and § 71 para. 4, the water authority
ex officio.

§ 126a

The powers of regional authorities, the municipal authority with extended powers
, authorized municipal authority or municipal authority, as well as their
flood commissions are delegated powers.

§ 126b

(1) Analysis to determine the concentration of pollutants in waste water and analyzes
for the purpose of verifying the accuracy of pollution monitoring
wastewater (§ 92 par. 1) and check the accuracy of monitoring and measuring the volume of discharged waste
water (§ 92. 2) are in the Czech Republic temporarily
^ 45b) also carry persons established in other Member States of the European Union
, if they prove that

A) are nationals of Member States of the European Union,

B) are authorized to carry out the activities listed in § 92 paragraph. 1 and 2

Under the laws of other Member States of the European Union.

(2) Evidence of compliance with the conditions pursuant to paragraph 1. a) and b) are
to the Ministry of Environment before commencing
activities listed in § 92 paragraph 1 and 2.

§ 127
Transitional provisions


(1) The rights and obligations established by the existing legislation remain
maintained, unless otherwise provided herein. Proceedings initiated and still
to the effective date of this Act shall be completed according to existing regulations
.

(2) When imposing an increased fine, fines imposed under existing laws
considered as fines imposed under this Act.

(3) The classification of waterworks into categories for the purposes of technical supervision
(§ 61) under the existing legislation remains in force.

(4) Authorisation granted for the performance of technical supervision by
existing legislation shall be considered as authorization granted to carry
technical and safety supervision pursuant to this Act, unless
not on the authorized person, changed for the exercise
technical and safety supervision, for which accreditation has been granted.

(5) the ownership rights to land plots which form watercourse channels that
not yet been registered in the land as plots with the kind
land and water area that became under the Act no. 138/1973 Coll. about
waters (water Act), as amended, state
ownership are transferred to the owners of land registered in the land
property on which the channel is located, if not notified within 6 months from the effectiveness
this Act, the competent water authority disagrees with the transition
. The transfer of ownership rights
day following the expiry of the deadline for objecting to the transfer.

(6) If the municipality on the effective date of this Act
discharge waste water into surface waters in contravention of the provisions of this Act may
on their application submitted within 3 months from the effective date of this Act
the water authority to issue a new permit to discharge wastewater,
within a maximum pollution levels in wastewater discharged
during the past 12 months prior to the effective date of this Act.
This new authorization replaces the effective date of this Act
existing valid permit. The water authority in the new authorization shall set a reasonable time limit within which will be achieved
indicators and allowable values ​​
contamination of waste water, which will be in accordance with this Act and the regulations issued by it
and conditions to gradually achieve the desired level
pollution discharged; when setting the deadline, the water authority
account legitimate requirements for water protection and possibilities of technical solutions. After
During this period, dropping water authority or the Czech Environmental Inspectorate
environment by imposing penalties under § 116 paragraph. 1 point. b)
provided that the conditions are met to achieve the desired level
discharged pollution. A reasonable period within which it will be achieved
indicators and allowable values ​​of wastewater pollution, which will be
accordance with this Act and regulations issued pursuant to the terms and
gradually achieve the desired level of discharged pollution must
The water authority to determine the sources of pollution over 2000 equivalent inhabitants
longer than until 31 December 2010.

(7) Withdrawals of groundwater or surface water, which is water
mining are considered effective date of this Act authorized;
This authorization is valid until 31 December 2004, unless additional withdrawal
permitted under § 8. In the above time for such withdrawals apply
provisions on charges under Title X of this Act.

(8) The documentation required to ensure the management fees for the discharge
wastewater into surface waters under this Act given to the authorities
counties under delegated powers Czech Environmental Inspectorate
within 30 days of their establishment.

(9) Water management records kept under the existing legislation is
becomes part of the records of decisions of the water authorities in accordance with § 19th

(10) discharging water into public sewerage systems, water supply from
public water supply and water and sewage is governed by existing laws and regulations
including § 24, 30 and 46 of Law no. 138/1973 Coll. water (the water

Act), as amended, and until a new legal regulation
water and sewage.

(11) The fees calculated according to rates stipulated in Annex no. 2 to
this Act shall apply in 2002 only 80%.

(12) The fees calculated according to rates set out in Part A of Appendix.
2 to this Act shall apply in 2002 for the purpose of drinking water supply and
for other use not tolled under a special legal
prescription ^ 46) Decree no. 35/1979 Coll., on payments in water
economy, as amended. 35% and for 2003
70%.

(13) water works under this Act shall be construed water works
permitted under existing legislation. Should other
legislation uses the term "water work" shall mean
waterworks under this Act.

(14) The rights and obligations established under the existing legislation
area of ​​fees for discharging wastewater into surface water and charges
for withdrawals of surface water or groundwater remain in force even after
effective date of this Act.

(15) water authorities are obliged to decide issuing opinions
and the implementation of other measures under this Act based on
directive water management plan, as amended, until
approval of new plans under this Act in relevant catchment areas.

(16) Flood plain areas determined under existing legislation shall be deemed
floodplains according to § 66

(17) Administrators of small watercourses determine
under the existing legal regulations are considered administrators of small watercourses
under this Act.
PART TWO


Changing the law on public health protection

§ 128

Act no. 258/2000 Coll., On protection of public health and amending some
related laws, as follows:

First § 4, paragraph 3, including footnote no. 7) reads:

"(3) The minimum extent and frequency stipulated by the implementing legal regulation
is the person referred to in § 3 para. 2, except for the owner and manager
public water supply, obliged to ensure drinking water || | accredited laboratory ^ 7) or an authorization holder (§ 83a).
the scope and frequency of inspections may, at the request of the person of decision authority
protection of public health according to the place of activity.

7) Act No. . 22/1997 Coll., as amended. ".

Second In § 80 paragraph. 1, letter l) inserted a comma and a letter
m), which reads:

"M) grants and withdraws the authority to perform authorizations.".

Third Under § 83, the following new § 83a to 83d, which including footnotes
line no. 47a) added:

"§ 83a

(1) Authorization for the purposes of this Act, a process initiated at the request
natural person who is an entrepreneur or legal persons
under which a certificate is granted that the person is qualified to perform the defined scope


a) sampling and testing quality and safety of drinking water
(§ 3 para. 1), water in swimming pools and water resources for artificial swimming pool or sauna
(§ 6)

b) the detection and measurement of concentrations and intensity of factors of internal environment of buildings
(§ 13 para. 1)

c) sampling and measuring the microbiological and parasite pollution of outdoor playgrounds
(§ 13 para. 2)

d) taking samples and examining the wholesomeness of the products
coming into direct contact with drinking and raw water,
with the exception of construction products (§ 5), and items of common use, with the exception of toys
(§ 25)

e) the control of disinfection and sterilization (§ 17)
|| | f) taking samples and examining the wholesomeness of food [§ 24 para. 1
point. e)]

G) detecting and measuring the intensity of noise, vibrations and non-ionizing radiation
in municipal and working environment (§ 30-35)

H) detection and measurement of light intensity and micro-climatic conditions and
concentrations of dust and chemical pollutants in the working environment (§ 37 paragraph
. 3)

I) biological exposure tests and examinations in the field of genetic
toxicology, physiology and psychology of work.

(2) The Ministry of Health may delegate the implementation of authorization
legal entity or a state organizational unit established to fulfill the tasks
in the jurisdiction of the Ministry of Health (hereinafter "authorizing

Person "). This authority is not transferable. In granting this authority
apply to administrative rules. When authorization to proceed under the terms
stipulated for individual areas pursuant to paragraph 1
Ministry of Health. The commission authorizing persons and the abolition of the commission, as well as
authorization conditions published by the Ministry of health in the Ministry of health Bulletin
.

§ 83b

(1) authorizing person shall issue a legal or natural person,
who is an entrepreneur, at its request authorization certificate. This certificate
issued when the applicant meets the conditions of the authorization, which are

a) professional competence with respect to the proposed area of ​​authorization,
| || b) equipment for technical and administrative activities and access to
facilities for special investigation

c) the necessary number of employees with professional training, knowledge and skills
,

d) the existence of the commitment of employees to maintain confidentiality of facts which they learn
persons performing the authorization,

E) the absence of financial or other interests that could affect
results of activity of the person performing the authorization,

F) the integrity of the applicant for authorization.

(2) The absence of financial or other interests pursuant to paragraph 1. e)
is proving affidavit.

(3) A person of integrity for the purposes of this Act who have been
convicted of a criminal offense whose merits are related to the subject
business. Integrity pursuant to paragraph 1. f) demonstrates for
legal entity's statutory representative and all members
statutory body. Natural person who demonstrates integrity
excerpt from the Criminal Records, which must not be older than 3 months.

(4) The application for a certificate of authorization, the applicant shall state designation
business name, name and surname of a natural person or a legal person
, place of business or place of residence, in the case of
natural person, seat of the legal entity, identification number and information
demonstrating compliance with the conditions referred to in paragraph 1. Foreign person-47a)
state residence outside the Czech Republic, place of residence in the Czech Republic
if the stay was granted , location and identification of
organizational unit in the Czech Republic, the name and surname of the head
organizational component and the address of his residence in the Czech Republic, and information
demonstrating compliance with the conditions referred to in paragraph 1

(5) Citizens of Member States of the European Union prove authorization to exercise
authorization pursuant to § 83a par. 1

A) certificate of competency required in a Member State of the European Union
access to such activities and issued by the Member State of the European Union
or

B) a document proving qualifications for those activities
acquired in a Member State of the European Union
if they provide guarantees particularly in the areas of health, safety, protection
environmental and consumer protection to the extent provided in § 83a
paragraph. 1st

(6) In case of doubt decide that the requirements under paragraph 5
at the request of a Member State of the European Union Ministry of Health
. The application must include documents issued by the competent authorities
EU Member State, substantiating the facts mentioned in paragraph 5.
procedure for examining applications must be completed not later than
four months after submission of all documents relating to that person.

§ 83c

(1) Certificate of Authorization defines the subject matter, scope and terms of
and the period for which it was issued. For the issue of a certificate of authorization
not applicable administrative rules. The applicant may appeal against the decision not to grant a certificate of
authorization within three days from the date of its receipt.
The objections made by the Ministry of Health.
Against the decision of the Ministry of Health regarding objections can not be appealed. Costs associated with
authorization including the issuance of certificates of authorization shall be borne by the applicant.
Price is determined pursuant to a special regulation.

(2) Authorization is not transferable to any other person, shall be granted for a maximum period
5 years from the date of grant. Authorization can be extended for another 5 years
. Application for renewal of a certificate of authorization, the person
issued a certificate of authorization (hereinafter "the holder
authorization") authorizing a person to file at least 6 months before the expiry of the certificate
.


(3) The list of authorization holders including the business name, registered office,
or place of business and identification number pursuant to § 83b paragraph. 4
as well as changes shall be published by the Ministry of Health in the Journal of the Ministry
health. Such information to the Ministry of Health
authorizing person.

(4) The authorization holder is obliged to comply with the conditions of authorization and
participate in scope and time stipulated by the person authorizing
interlaboratory tests. Evidence of the results of interlaboratory tests
authorization holder is stored for a period of 5 years.
Costs associated with interlaboratory tests shall be borne by the authorization holder.

(5) authorizing person shall supervise compliance with the conditions of authorization
and the results of interlaboratory tests. For this purpose
entitled to enter the premises of an authorization holder, to verify the fulfillment
authorization conditions and request submission
including the results of interlaboratory tests. To check the authorizing person may
invite an expert for the area. Where the authorizing person
drawbacks, depending on the seriousness of deficiencies suspend the validity of the certificate
or withdraw it. Withdrawing the certificate authorization expires.
Against the withdrawal of the certificate authorization holder may file within 3 days of its receipt
objections. The objections made by the Ministry of Health.
Against the decision of the Ministry of Health regarding objections can not be appealed.

§ 83d

(1) Authorisation next due in accordance with § 83c paragraph. 5 also terminated

A) the expiration of the period for which it was granted unless it was based on
request authorization holder to its extension

B) renunciation of the certificate of authorization; waiver certificate shall become effective
day when it was delivered authorizing person

C) for individuals death or declaration authorization holder
dead

D) dissolution of the legal person who is the holder of the authorization,

E) the declaration of bankruptcy on the authorization holder, refusing a petition for declaration of bankruptcy on
authorization holder for lack of assets or the authorization holder
entering into liquidation.

(2) authorizing person in cases under subsection 1. a) and §
83c paragraph. 5, the authorization holder or its heirs, successors
legal entity or its liquidator, in the cases referred to in paragraph 1
point. b) to e) are obliged to inform the Ministry of Health for
purposes under § 83c paragraph. 3 of the expiry date of the authorization.

47a) § 21 par. 2 of the Commercial Code. ".

Fourth in § 92. 3 at the end of the text, the following sentence is added:

" fine of up to 1,000,000 CZK authority may protect public health
imposed on a person who acted illegally as authorizing
person or authorization holder. ".

fifth Under § 100, the following new § 100a is inserted :

"§ 100a

If this Act or a special regulation governing
scope of public health protection authority shows to a foreign person
obligation to submit documents proving certain facts, it is understood
by submitting documents including certified Czech translation, if | || special legal regulation stipulates otherwise.
Authenticity of signatures and stamps on the original documents must be verified
.. "



PART THREE Amendment to the Misdemeanour Act

§ 129
| || Act no. 200/1990 Coll., on misdemeanors, as amended by Act no. 337/1992 Coll.
Act no. 344/1992 Coll., Act no. 359/1992 Coll., Act no. 67 / 1993 Sb.
Act no. 290/1993 Coll., Act no. 134/1994 Coll., Act no. 82/1995 Coll.
Act no. 237/1995 Coll., Act. 279/1995 Coll., Act no. 289/1995 Coll.
Act no. 112/1998 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 Sb.
Act no. 370/2000 Coll., the Constitutional court judgment no. 52/2001 Coll., and Act
no. 164/2001 Coll., is amended as follows:

§ 34 including the title and footnotes. 3i) reads:

"§ 34

Offenses in the area of ​​water management

(1) A misdemeanor is committed by those who

A) removes surface or groundwater without the requisite permit
water authority or contrary to it,

B) launches waste or mine water into surface water or groundwater, or
into drains, contrary to the Water Act, ^ 3i)


C) pollute surface or groundwater or endangers its quality or wholesomeness
unlawful use of harmful substances, or causing
introduction of these substances into the sewer conflict with
Water Act, ^ 3i) || |
D) breaches obligations regarding water management structures based building
regulations or

E) breaches of other obligations under the water zákonem3i)
or obligations imposed under him.

(2) For offenses under paragraph 1. a), b), c) and e) can be stored
fine of up to CZK 50 000, for the offense pursuant to paragraph 1. d)
can be fined up to CZK 100 000.

(3) Fines imposed by the Czech Environmental Inspectorate or district office.
The provisions of § 124 paragraph. 2 of the Water Act is valid analogy.

3i) Act no. 254/2001 Coll., On waters and amending some laws (the Water Act
). ".



PART FOUR Amendment to the Act on the State Environmental Fund the Czech Republic

§ 130

Act no. 388/1991 Coll., on the State environmental Fund of the Czech Republic
, as amended by Act no. 334/1992 Coll., is amended as follows:

1. In § 2 para. 1 letter a), including footnote no. 2) reads:

") charges for wastewater discharges into surface waters, ^ 2)

2) § 89-99 of the Act no. 254/2001 Coll., On waters and amending some laws
(Water Act). ".

2. In § 2 para. 1 letter e ) including footnote no. 6) reads:

"e) fees for actual withdrawal of groundwater ^ 6) at 50% of their total volume
,

6) § 88 of Act no. 254/2001 Coll. ".



PART FIVE Amendment to the Act on Inland Navigation § 131



Act no. 114/1995 Coll., on inland navigation, as amended by Act no. 358/1999 Coll
., is amended as follows:

§ 49 and 50 shall be repealed.

PART SIX

change Act to amend the criminal Code, the hunting Act, the Act on
Fisheries Act, the state administration in water management,
Act on nature and landscape protection and the forest Act
| || § 132

Act no. 238/1999 Coll., amending Act no. 140/1961 Coll., criminal
Act, as amended, Act no. 23/1962 Coll. about
hunting, as amended, Act no. 102/1963 Coll., on
fisheries, as amended, Act no. 130/1974 Coll., on
state administration in water management , as amended,
Act no. 114/1992 Coll., on nature and landscape protection, as amended
and Act no. 289/1995 Coll., on forests and Amendments || | certain laws (the forest Act), as follows:

Article IV is deleted.
PART SEVEN


Changing the law on amendments to the Law on State Administration in Water Management and Competency Act


§ 133

Law no. 23/1992 Coll., Amending and supplementing Law no. 130/1974 Coll.
On state administration in water management, as amended by Act no. 49/1982 Coll.
And Act no. 425/1990 Coll., And Act no. 2/1969 Coll., On establishing ministries
and other central government authorities of the Czech Republic, as amended
amended, is amended as follows:

Articles I and II shall be deleted.
PART EIGHT



Canceled
§ 134


Canceled PART NINE


Amendment to the competence of the Czech Republic in matters of transfers of state-owned
some things to other legal or natural persons

§ 135

Act no. 500/1990 Coll., On the competence of the Czech Republic in matters
transfer of state property some things to other legal or natural persons
, as amended by Act no. 438/1991 Coll., Act no. 282/1992 Coll.
Act no. 473/1992 Coll., Act no. 170/1993 Coll., Act no. 155/1994 Coll.
Act no. 191/1994 Coll. Act no. 218/1994 Coll., Act no. 161/1997 Coll.
Act no. 164/1998 Coll., Act no. 269/1998 Coll., Act no. 21/2000 Coll. and
Act no. 246/2000 Coll., is amended as follows:

In § 15 para. 2, the full stop at the end of letter t) is replaced by a comma and
point u), which reads:

"U) to transfer funds in the amount of 2.5 billion.
CZK to the special account of state financial assets to increase funding previously earmarked
funds to cover necessary expenses recovery riverbeds and water works
State-owned
victims of the flood disaster in 1997, 1998 and 2000 and for the partial financing of the program
flood control measures on watercourses and water management facilities
. ".

PART TEN

FINAL PROVISIONS


§ 136
Repealing provisions


Repealed:

First Act no. 138/1973 Coll., On Waters (Water Act), as amended by Act no.
425/1990 Coll., Act no. 114/1995 Coll., Act no. 14/1998 Coll. and Act no. 58/1998 Coll
.

Second Law no. 14/1998 Coll., Amending and supplementing Law no. 138/1973
Coll., On Waters (Water Act), as amended.

Third Act no. 130/1974 Coll., On state administration in water management, in
amended by Act no. 425/1990 Coll., Act no. 132/2000 Coll., Act no. 240/2000 Coll
. and Act no. 185/2001 Coll.

Fourth Law no. 58/1998 Coll., On fees for discharging wastewater into surface waters
.

Fifth Act no. 281/1992 Coll., Amending and supplementing Government Regulation no.
35/1979 Coll., On payments in water management, as amended Government Regulation No.
. 91/1988 Coll.

6th Government Regulation no. 35/1979 Coll., On payments in water management.

7th Government Regulation no. 91/1988 Coll., Which amends Regulation
Government Order no. 35/1979 Coll., On payments in water management.

8th Government Regulation no. 141/2000 Coll., Amending Government Regulation no.
35/1979 Coll., On payments in water management, as amended
regulations.

9th Government Regulation no. 100/1999 Coll., On flood protection.

10th Decree no. 42/1976 Coll., On water managers.

11th Decree no. 62/1975 Coll., The Vocational Technical and Safety Supervision
some water works and the Technical and Safety Supervision
National Committees over them.

12th Decree no. 6/1977 Coll., On the protection of surface and underground waters
.

13th Decree no. 82/1976 Coll., On the use of surface waters for navigation
motor vessels.

14th Decree no. 422/1992 Coll., Amending and supplementing Ordinance no.
82/1976 Coll., On the use of surface waters for navigation by motor vessels
.

15th Decree no. 99/1976 Coll., On the water guard.

16th Decree no. 81/1977 Coll., Supplementing the Decree of water
guard.

17th Decree no. 28/1975 Coll., Which determines the water flows and their
watershed and provides a list of water of major rivers.

18th Decree no. 63/1975 Coll., On the duties of organizations to report on the findings
groundwater and report data on their donations.

19th Decree no. 176/1999 Coll., Laying down a list of border
watercourses forming the state border.
PART ELEVEN



EFFICIENCY
§ 137

This Act shall take effect on 1 January 2002, except the provisions
§ 20 paragraph. 1, which takes effect after 5 years after the date of entry into force of this Act
, and § 135, which takes effect | || date of publication.
Klaus vr

Havel vr

Zeman

Appendix 1


Especially dangerous substances

Especially dangerous substances are substances belonging to the following groups
substances, except those which are biologically harmless or are rapidly changing
biologically harmless substances:

First organohalogen compounds and substances which may form such
compound in the aquatic environment,

Second organophosphorus compounds

Third organotin compounds,

Fourth substances or their decomposition products, which have been proved
carcinogenic or mutagenic properties which may affect
steroids, thyroid, reproduction or other endocrine-related functions in
aquatic environment or indirectly through the aquatic environment

Fifth Mercury and its compounds

6th Cadmium and its compounds

7th persistent mineral oils and hydrocarbons of petroleum persistent
origin

8th persistent synthetic substances which may float, remain on
suspension or sink and which may interfere with any
water use.
Individual
especially dangerous substances are listed in the Government
issued pursuant to § 38 par. 5; Other substances belonging to the groups listed
specified in this regulation are considered hazardous substances.
Hazardous substances


Hazardous substances are substances belonging to the following groups:

First Metalloids, metals and their compounds:
Zinc, selenium 1st 6th 11th 16th tin, vanadium
2. Copper arsenic 7th 12th 17th barium cobalt
3. Nickel eighth antimony, beryllium 13th 18th thallium
Chrome molybdenum 4th 9th 14th 19th boron, tellurium
5. Lead titan 10th 15th 20th uranium silver


Second Biocides and their derivatives not in the list of especially hazardous substances
.

Third Substances which have a deleterious effect on the taste or smell of the products
for human consumption derived from the aquatic environment, and compounds having
ability to give rise to such substances in water.

Fourth Toxic or persistent organic compounds of silicon, and substances
which may give rise to such compounds in water, excluding those which
are biologically harmless or are rapidly converted in water into harmless substances
.

Fifth Elemental phosphorus and inorganic phosphorus compounds.

6th Non persistent mineral oils and hydrocarbons of petroleum Non persistent
origin.

7th Fluorides.

8th Substances which have an adverse effect on the oxygen balance, particularly
ammonium salts and nitrates.

9th Cyanides.

10th Sedimentovatelné solids that have an adverse effect on the good
status of surface waters.
Appendix 2


A.

Toll rates for calculating payments for actually consumed amount of groundwater


Intended use of groundwater withdrawn Rate in CZK / m3
For drinking water supply
2.00 3.00 For other uses


B.

Rate for the calculation of the fee and the quantity and concentration limits charging


----------------------------------------------- ------------------------------
indicator rate Limit charging

mass concentration of pollution CZK / kg kg / year mg / l
------------------------------- ---------------------------------------------- 1
.
A) COD of untreated waste water
31 12. 2004 16 20 000 40
since 1. 1. 2005 16 8000 40
b) COD of treated wastewater 8 10 000 40 || | c) COD waste water purified from

pulp production and refining of the cotton and flax

textiles 3 10 000 40
------------- -------------------------------------------------- --------------
second RAS 0.5 20,000 1,200
---------------------------------------- -------------------------------------
third insolubles ^ 47) 2 10 000 30 --------------------------------------
---------------------------------------
fourth Phosphorus total
31 12. 2004 70 13 000 3
from 1. 1. 2005 70 3 000 3
------------------- -------------------------------------------------- --------
fifth Nitrogen ammonia
to 31. 12. 2001 40 15 000 15 --------------------------------
---------------------------------------------
6th
Ninorg nitrogen from 1. 1. 2002 30 20 000 20 --------------------------------
---------------------------------------------
7th AOX from 1. 1. 2002 300 15 0.2 -----------------------------------
------------------------------------------
8th Mercury 20 000 0.4 0,002
---------------------------------------- -------------------------------------
9th Cadmium 4000 2 0.01 ----------------------------------------
-------------------------------------
Selected provisions of amendments


Article II of Act no. 20/2004 Coll.

Final and transitional provisions

First Fee Report for determining the amount of advance fee collected
amount of groundwater in 2004 according to § 88 par. 5 of the Water Act,
amended by this Act, the buyer Czech Environmental Inspectorate
environment within 60 days of the entry into force of this Act.

Second Suspend authorization for the withdrawal of surface water and groundwater, except
authorization for abstraction of groundwater resources intended for individual households
supply of drinking water, and the validity of permits for discharge
wastewater into surface water or groundwater, which took
legal power to 31 December 2001, shall expire not later than 1 January 2008, if
extinguished the expiry of the period for which it was granted, if this period is shorter
. Authorization (§ 8 para. 2 of the Water Act) of such authorization shall
still considered to be justified and may dispose of the water and perform
other rights and obligations within the scope of the permit after January 1, 2008, unless
They filed no later than 1 January 2008 an application for a permit for waste water management
replace the previous permit, until the day
final decision on such requests. In the event that the time at which these
granted, expired before the effective date of this Act;

Extend their validity until 31 December 2004. The provisions of § 9
paragraph. 4 Water Act this point is not affected.

Third Records according to § 21 para. 2 point. c) points 6, 7, 9-12
Water Act, as amended by this Act shall be made no later than 22 December 2004.


Fourth Plan of main river basins of the Czech Republic must be approved no later than
22nd December 2006.

Fifth Basin district plans must be approved by 22 December
, 2009. For these plans of catchment areas must be an analysis
general and water management characteristics of the river basin,
assessment of the impact of human activity on the status of surface water and groundwater
and economic analysis of water use in accordance with Article I, para. 30, regarding the
§ 25 paragraph. 2 point. a) of the Act until 22 December 2004.

6th Municipalities, which currently built-up area is a source of pollution
size of over 2,000 population equivalent, or those that
size reach to 31 December 2010, are required no later than 31 December 2010
ensure sanitation and cleaning of wastewater per
level stipulated by Government Decree issued according to § 38 par. 5
water Act, as amended by this Act.

7th The owners of waterworks according to § 20 para. 1 of the Water Act, as amended
this Act, are required no later than 1 January 2011 a
relevant Land Registry documents required for registration of such
buildings and demarcation of buffer zones in accordance with § 20 paragraph. 2 of the water Act,
amended by this Act, the Land Registry.

8th Acreage fees for discharging wastewater into surface waters
for the calendar year 2003 shall be issued on the basis of fee returns for the year 2003
regional offices. Regional authorities shall transmit to the Czech Environmental Inspectorate
environment within 30 days after the effective date of this Act acreage
advances on fees for discharging wastewater into surface waters for 2004, including a list of toll
sources. Regional authorities transmit
Czech Environmental Inspectorate within 30 days after the entry into force
acreage fees for discharging waste water into surface water per year
2,003th

§ 14 of Act no. 25/2008 Coll.
Transitional provisions


First Compulsory subjects fulfilling reporting obligations as defined in § 126 par.
6 of the Act no. 254/2001 Coll., On waters and amending some laws (
Water Act), as amended, effective from the date of entry into force of this Act, which | || operators are also liable to fulfill the reporting obligation pursuant
Regulation of the European Parliament and Council Regulation (EC) no. 166/2006 and the Act on
integrated register of environmental pollution and
integrated system of reporting obligations in environmental
environment and amending certain laws, announcing mandatory data through
integrated system of reporting obligations in environmental
first time in 2009.

Second Compulsory subjects fulfilling reporting obligations as defined in § 126 par.
6 of the Act no. 254/2001 Coll., On waters and amending some laws (
Water Act), as amended, effective from the date of entry into force of this Act, which | || operators are also activities according to Annex I of Regulation
European Parliament and Council Regulation (EC) no. 166/2006 and are not involved in
integrated system of reporting obligations in environmental
according to claim 1, announcing mandatory
data through an integrated system of reporting obligations in environmental
first time in 2010. in reporting mandatory data for 2008 and 2009
proceed under the existing legislation.

Third Compulsory subjects fulfilling reporting obligations as defined in § 126 par.
6 of the Act no. 254/2001 Coll., On waters and amending some laws (
Water Act), as amended, effective from the date of entry into force of this Act, which | || not involved in the integrated system of reporting obligations
environment according to claim 1 or 2, announcing mandatory
data through an integrated system of reporting obligations
environment for the first time in 2011. During || | mandatory reporting of data for 2008 and 2010
proceed according to existing legislation.

Art. II Act no. 181/2008 Coll.
Transitional provisions


First The owners of waterworks set out in § 20 para. 1 of Law no. 254/2001
Coll., As amended effective on the effective date of this Act, included

Terms of technical and safety supervision according to § 61 par. 2 Act no.
254/2001 Coll., As amended effective on the effective date of this Act
into categories I to III are obliged to within 1. January 2011
submit the relevant Land Registry documents necessary for registration
these buildings and demarcation of buffer zones in accordance with § 20 para. 2 of Law no.
254/2001 Coll., as amended, effective from the date of entry into force of this Act,
in real estate. Owners of other water works according to § 20 paragraph
. 1 of Act no. 254/2001 Coll., As amended effective date
force of this law, are obliged to fulfill this obligation by 1 January
2,021th

Second Management has not been legally completed before the effective date
this Act shall be completed in accordance with existing legislation.
If it was a decision that was issued in accordance with existing legal proceedings
regulations repealed and returned for reconsideration shall proceed in accordance
existing legislation.

Third For damages on farmed land in
zátopách dry reservoirs serving to protect the territory of the municipality, county or state
, built before the effective date of this Act shall apply
§ 68 para. 2 of Law no. 254 / 2001 Sb., as amended, effective from the date of
entry into force of this Act, mutatis mutandis.

Fourth The Minister of Finance is authorized to use funds earmarked for removal
flood damage in 2006 and new flood
measures that have been converted into state financial assets, also
flood damage incurred after 2006 on waterways
and waterworks. About this application increases the total budgetary expenditure
state budget and reduce the balances on the accounts of state financial assets.

Art. II Act no. 150/2010 Coll.
Transitional provisions


First Permission for sampling groundwater, which is used to produce bottled
infant or spring water shall be deemed authorized to take
groundwater under the Act no. 254/2001 Coll., As amended, effective from the date of acquisition
of this Act, provided that the requirements under § 9
paragraph. 4 of Act no. 254/2001 Coll., As amended, effective from the date of entry into force of this Act
otherwise effective date of this Act
expire.

Second Protective zones determined under existing legislation shall be deemed
protective zones determined in accordance with § 30 paragraph. 1 of Law no.
254/2001 Coll., As amended, effective from the date of entry into force of this Act.
In case of changing or canceling existing protection zone established
under the existing legislation must guard band recently
procedure laid down under § 30 paragraph. 1 of Act no. 254/2001 Coll., As amended effective
the effective date of this Act.

Third The floodplains determined under existing legislation shall be deemed
floodplains determined in accordance with § 66 para. 7 of Law no.
254/2001 Coll., As amended, effective from the date of entry into force of this Act.
In case of changing or canceling existing floodplain
provided under the existing legislation is necessary floodplain newly
procedure laid down under § 66 para. 7 of the Act no. 254/2001 Coll., As amended effective
the effective date of this Act.

Fourth Flood risk assessment and defining areas with a significant flood risk
must be made no later than 22 December 2011.
Flood hazard maps and flood risk maps are completed by
22nd December 2013.

Fifth National river basin management plans and plans for flood risk management plans must be approved
no later than 22 December 2015.

6th Water authorities are obliged to decide issuing opinions and
implementation of other measures in accordance with Act no. 254/2001 Coll., As amended
effective date of this Act, based on the approved plans
respective catchment areas until the approval of new plans
under this Act in their respective basins.

7th The General Plan for the protected storage of surface water in accordance with § 28a
paragraph. 2 of Act no. 254/2001 Coll., As amended by Act no. 181/2008 Coll., Is
reviewed and updated as part of the national river basin management plans.

8th Management has not been legally completed before the effective date
this Act shall be completed in accordance with existing legislation.

9th Commissioned water authorities competent under § 105 para. 2 of Law no.

254/2001 Coll., As amended effective on the effective date of this Act
completes commenced and lawfully still open proceedings.

Art. IV of the Act no. 151/2011 Coll.


Transitional provisions
Bathing water profiles pursuant to § 34 para. 1 of Act no. 254/2001 Coll., As amended
effective from the date of entry into force of this Act, for the first time creates
24 March 2011

Art. XVIII of the Act no. 350/2012 Coll.


Transitional provisions
Proceedings commenced before the effective date of this Act shall be completed
under the existing legislation.

Art. In Act no. 501/2012 Coll.


Transitional provisions
The funds provided under § 6 par. 3 of Law no. 331/1993
Coll., On the Czech Republic Budget for the year 1994 and amending and supplementing certain acts
may be used to cover expenditure | || measures in the public interest pursuant to § 102 of the Act no. 254/2001 Coll., as amended
effective from the date of entry into force of this Act, and to support the construction and rehabilitation of water infrastructure
.

Art. IV of the Act no. 275/2013 Coll.


Transitional provisions
If permission to use water for breeding fish or aquatic
poultry or other animals, sets the conditions for feeding or feeding fish or
these conditions are exempted from the application
harmful substances in the decision these parts may not fish for bait
use and can proceed according to § 39 par. 13 of Law no. 254/2001 Coll., as amended
effective from the date of entry into force of this Act.

Art. LV Act no. 303/2013 Coll.


Transitional provisions
Barring between the landowner and the owner of the waterworks
agreement on compensation for the use of property in accordance with § 59a of Act no. 254/2001 Coll., As amended
effective from the date of entry into force of this Act, 24
months from the date of entry into force of this Act, shall, on application of the landowner
or waterworks on the amount of compensation the court.

Art. VI of the Act no. 61/2014 Coll.


Transitional provisions
Management has not been lawfully terminated before the effective date
this Act shall be completed pursuant to Act no. 254/2001 Coll., As amended
effective prior to the effective date of this Act.

1) For example, Council Directive 75/440 / EEC of 16 June 1975 concerning
quality required of surface water intended for drinking water supplies in
Member States, Council Directive 76/160 / EEC of 8th
December 1975 concerning the quality of bathing water, Council Directive 76/464 / EEC of 4 May
1976 on pollution caused by certain dangerous substances discharged into the aquatic environment
Community Council and related directive, Directive
Council Directive 78/659 / EEC of 18 July 1978 on the quality of surface waters
needing protection or improvement to support fish life,
Council Directive 80/68 / EEC of 17 December 1979 on the protection of groundwater before | || pollution caused by certain dangerous substances
amending Council Directive 90/656 / EEC and 91/692 / EEC and Council Directive 91/271 / EEC of 21 May 1991 concerning
urban waste water treatment, Council Directive 91 / 676 / EEC of
12th December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources
, Council Directive 96/61 / EC of 24 September 1996 concerning
integrated pollution prevention and control,
Directive of the European Parliament and Council Directive 2000/60 / EC of 23 October 2000 establishing a framework for Community action
water policy.

1) For example, Act no. 44/1988 Coll., On the protection and exploitation of mineral wealth
, as amended.

2) Act no. 164/2001 Coll., On natural healing sources, sources
natural mineral water, natural spas and spa locations
and amending certain related acts (Spa Act).

3) For example, Act no. 17/1992 Coll., On the environment, as amended
Act no. 123/1998 Coll., Act no. 114/1992 Coll., On nature and landscape
, as amended, Act no. 344/1992 Coll., on protection
agricultural land fund, as amended, Act no.
20/1966 Coll., on Public health care, as amended regulations.

4) Act no. 183/2006 Coll., On territorial planning and building regulations
(Building Act), as amended.

5) Act no. 258/2000 Coll., On protection of public health and amending
some related laws, as amended by Act no. 254/2001 Coll.

6) § 2 para. 1 point. a) Section 8 of Decree no. 223/1995 Coll., on eligibility

Vessels to operate on inland waterways.

7) Act no. 114/1995 Coll., On Inland Navigation, as amended by Act no. 358/1999 Coll
.

7b) Act no. 61/1988 Coll., On mining activities, explosives and state
Mining Administration, as amended.

8) Act no. 62/1988 Coll., On geological works and the Czech Geological
Office, as amended.

8a) Decree no. 275/2004 Coll., On requirements for quality and health
safety of bottled waters and on their treatment, as amended
regulations.

8b) § 3 para. 8 of the Act no. 274/2001 Coll., On Water Supply and Sewerage
public use and amending some laws (Act on Water Supply and Sewerage
).

8c) § 4 of the Act no. 274/2001 Coll., On Water Supply and Sewerage
public use and amending some laws (Act on Water Supply and Sewerage
), as amended.

10) § 120 of the Act no. 50/1976 Coll., As amended by Act no. 83/1998 Coll.

10a) Act no. 274/2001 Coll., As amended.

10b) Act no. 157/2009 Coll., On the management of mining waste and amending some laws
.

10c) § 11-13 of the Act no. 22/1997 Coll., On technical requirements for
products and amending and supplementing certain acts, as amended
regulations.

10d) Act no. 360/1992 Coll., On the profession of authorized architects and
certified engineers and technicians active in construction, as amended
.

11) Act no. 365/2000 Coll., On public administration information systems and amending certain other
laws.

12) Decree no. 126/1976 Coll., On water and water
summary records.

12a) § 2 para. 1 point. f) of the Act no. 344/1992 Coll., as amended by Act no. 89/1996 Coll
.

13) § 7 of Decree no. 190/1996 Coll., Which implements Act no. 265/1992
Coll., On the registration of ownership and other rights in rem to real estate,
amended by Law no. 210 / 1993 Sb. and Act no. 90/1996 Coll., and Act
Czech National Council no. 344/1992 Coll., on the Land Registry of the Czech Republic
(Cadastral Act), as amended by Act no. 89/1996 Coll.
amended by Decree no. 113/2000 Coll.

14) For example Act no. 344/1992 Coll., As amended,
Act no. 164/2001 Coll.

14a) Act no. 114/1992 Coll., On nature and landscape protection, as amended
.

15) Act no. 365/2000 Coll.

16) Communication no. 122/1999 Coll., On the Convention on Cooperation for the Protection and Sustainable Use
Danube.

Notice no. 2/2003 Coll. ms Convention on the International Commission for the Protection of the Oder
.

18) For example Act no. 334/1992 Coll., On protection of agricultural land
fund, as amended, Act no. 289/1995 Coll., On forests and
amending and supplementing certain acts (forest Act), as amended
regulations.

18a) § 33 par. 2 point. c) of the Act no. 183/2006 Coll., on Zoning
and Building Code (Building Act).

19) § 420a of Act no. 40/1964 Coll., Civil Code, as amended by Act no. 509/1991 Coll
.

20) Act no. 62/1988 Coll., As amended.

21) Act no. 258/2000 Coll., As amended by Act no. 254/2001 Coll.

21a) Decree no. 104/1997 Coll., Implementing the law on land
roads.

21b) Act no. 189/1999 Coll., On emergency oil stocks, addressing state
oil emergency and amending certain related laws (Act on Emergency Oil Stocks
), as amended.

22) Act no. 92/1991 Coll., On the transfer of state property to other persons
, as amended.

23) Act no. 455/1991 Coll., On Trades (Trade
Act), as amended.

24) For example Act no. 222/1999 Coll., On the defense of the Czech Republic
.

25) § 35 of Act no. 289/1995 Coll., As amended.

26) For example, § 3 and 4 of the Act no. 114/1992 Coll., As amended
regulations.

27) § 14 of Act no. 114/1992 Coll., As amended.

28) § 4 of the Act no. 114/1992 Coll., As amended.

29) Act no. 222/1999 Coll., As amended by Act no. 320/2002 Coll.

31) For example, Act no. 114/1992 Coll., As amended.

32) Act no. 185/2001 Coll., On waste and amending certain other laws
.


32a) § 2 para. 1 point. a) Act no. 183/2006 Coll.

34) Act no. 240/2000 Coll., On crisis management and amending certain laws
(Crisis Act).

34a) § 4 para. 2, third sentence of Act no. 114/1992 Coll.

§ 12 par. 2 Act no. 114/1992 Coll.

§ 8 paragraph. 4 of Decree no. 395/1992 Coll., Which implements certain provisions
Act No. 114/1992 Coll., On nature and landscape protection.

35) Act no. 239/2000 Coll., On the integrated rescue system and amending some laws
.

36) Act no. 218/2000 Coll., On budgetary rules and amending
some related laws (budget rules), as amended
.

36a) § 8 of Act no. 274/2001 Coll.

38) § 47 para. 4 of Decree no. 500/2002 Coll., Which implements certain provisions
Act no. 563/1991 Coll., On Accounting, as amended
regulations, for accounting units which they are businesses maintaining
double entry accounting system, as amended.

40) § 55 of Act no. 71/1967 Coll., On administrative proceedings (Administrative Code).

42) § 6 of Act no. 526/1990 Coll., On prices.

43) § 35 of Act no. 222/1999 Coll.

43a) Act no. 133/2000 Coll., On register of population and birth certificate numbers and
amended (the Population Register Act), as amended
regulations.

43b) of § 1 of Act no. 133/2000 Coll., As amended by Act no. 53/2004 Coll.

43c) Act no. 40/1993 Coll., On the acquisition and loss of citizenship
Czech Republic, as amended.

43d) § 4. e) of the Act no. 101/2000 Coll., on protection of personal data and amending certain laws
.

43e) § 5 para. 1 point. c) of the Act no. 101/2000 Coll., as amended by Act no. 439/2004 Coll
.

44) Communication no. 7/2000 Coll. ms, on the conclusion of the Agreement between the Government of the Czech
Republic and the Slovak Republic on cooperation on border waters
.

Communication no. 66/1998 Coll., On Agreement between the Czech Republic and
Federal Republic of Germany on cooperation on border waters
water management.

Decree no. 57/1970 Coll., On the Treaty between the Czechoslovak Socialist
Republic and Austria on Water Management Issues on
border waters.

Communication no. 94/2009 Coll. ms, on the conclusion of the Convention between the Government
Czechoslovak Republic and the Government of the People's Republic of Water
cooperation on border waters.

44a) Act no. 274/2001 Coll., On water mains and sewer systems for public
use and amending some laws (the Water and Sewage)
amended.

44b) § 2 para. 2 of Act no. 513/1991 Coll., The Commercial Code, as amended
.

45) § 10 of Act no. 219/2000 Coll., On the property of the Czech Republic and its
representation in legal relations.

45a) Act no. 167/2008 Coll., On prevention of environmental damage and its
remedy and amending certain laws.

45b) Directive of the European Parliament and Council Directive 2006/123 / EC of 12
December 2006 on services in the internal market.

46) Decree no. 35/1979 Coll., On payments in water management,
amended.

47) The fee for this indicator applies only polluters who

A) does not pay a fee for COD, but the pollution exceeds the limit for charging
NL or

B) discharged in wastewater NL more than the three times the amount charged
COD.

48) § 6 g paragraph. 1 point. a) Act no. 258/2000 Coll., as amended by Act no. 151/2011 Coll
.

49) Act no. 85/2012 Coll., On the storage of carbon dioxide into natural
rock structures and amending certain laws.

50) § 2. a) Decree no. 501/2006 Coll., on the general requirements for land use
.

51) § 2. b) Decree no. 501/2006 Coll.

52) § 2. c) Decree no. 501/2006 Coll.

53) § 1 of the Act no. 274/2001 Coll., On Water Supply and Sewerage
public use and amending some laws (Act on Water Supply and Sewerage
), as amended.

54) § 6 of Act no. 274/2001 Coll.