On The Protection Of Agricultural Land Resources

Original Language Title: o ochraně zemědělského půdního fondu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40058&nr=334~2F1992~20Sb.&ft=txt

337/1992 Coll.



LAW



The Czech National Council



of 12 October. May 1992



on the protection of agricultural land resources



Modified: 10/1993.



Change: 98/1999 Coll.



Change: 132/2000 Sb.



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



Change: 444/2005 Sb.



Change: 222/2006 Sb.



Change: 186/2006 Sb.



Change: 167/2008 Sb.



Modified: 9/2009 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Coll., 402/2010 Sb.



Change: 375/2007 Sb.



Change: 503/2012 Sb.



Change: 64/2014 Sb.



Change: 41/2015 Sb.



The Czech National Council decided on the following Act:



PART I



AGRICULTURAL SOIL FUND



§ 1



(1) Agricultural soil Fund is a basic natural wealth of our country,

an irreplaceable production means which provides agricultural production and

one of the main components of the environment. Protection of agricultural

land resources, the rational use of Wikimedia are activities

which is also ensured by the protection and improvement of the environment.



(2) Agricultural soil Fund make up the land agriculturally cultivated, it

is arable land, hop garden, vineyards, gardens, orchards, permanent grass

vegetation and soil, which was and still is to be agriculturally managed,

but temporarily not used (hereinafter referred to as "agricultural land").



(3) to agricultural land resources also belong to the ponds with fish breeding

or water in poultry and non-agricultural land necessary to provide

agricultural production such as dirt roads, land is an important device for

field irrigation, irrigation water tanks, drainage ditches, dikes

used to protect the front of the zamokřením or flood, erosion control

measures, etc.



(4) that it is in accordance with paragraphs 2 and 3 of the components of agricultural soil

the Fund shall decide in cases of doubt the authority of the agricultural soil protection

the Fund.



PART II



CHANGE OF USE OF AGRICULTURAL LAND AND THE PRINCIPLE OF THE PROTECTION OF AGRICULTURAL LAND



§ 2



Change of use of agricultural land



Agricultural land recorded in the land register ^ 18) as a permanent

grassland to cropland can be changed only with the consent authority to protect

agricultural land holdings granted on the basis of an assessment of the physical

or biological properties of agricultural land, agricultural risks

soil erosion, including the position of údolnic and carried out measures to reduce the

These risks, such as slope průlehy.



§ 3



The principle of the protection of agricultural land



(1) it is prohibited to



and pollute the farmland) vnášením substances, preparations or

organisms into agricultural land or whose amount exceeds

preventive values that represent the upper limit of the contents of the risk

substances and risk elements laid down by the implementing regulation; for

pollution of agricultural land does not constitute the use of substances and preparations

on agricultural land in accordance with the specific legislation ^ 28),



(b) cause danger to farmland) erosion by exceeding the permissible

extent of its erozního threat laid down an implementing regulation;

admissible erozního threat is determined on the basis of the average

the long-term loss of soil, expressed in tonnes per hectare per year, depending

on the depth of the soil,



(c)) use farmland to non-agricultural purposes without consent

withdrawal of agricultural land resources with the exception of cases where the consent of the

There is no need, and



d) damaging physical, chemical or biological characteristics of the agricultural

the soil of the rolling, zamokřováním, dryness, overlaps or

by interfering with the erosion.



(2) to agricultural land or it is forbidden to bring in any other substances or

products, than allow you to specific legislation ^ 28).



(3) on agricultural land, where it has been established that the preventive

values, it is forbidden to use the adapted sludge and sediments. On

agricultural land, where it was found, indicating the value is exceeded

prohibited the use of fertilizers or products that contain risk

a substance or a risk element, for which the indicator values exceeded

has occurred; with indicator values means the contents of hazardous substances or

risk elements in agricultural soil, in which experiencing

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

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

production function of agricultural land, laid down the implementing

provision.



(4)



paid



(5) according to the quality of agricultural land is divided into 5 classes of protection

agricultural land resources (hereinafter referred to as "class protection") defined

an implementing regulation. Agricultural land I and II. class of protection

cannot be used as a plantation tree species ^ 18).



(6) the agricultural land can be used as a plantation tree species ^ 18) use the maximum

period of 10 years. If this is about výmladkovou plantation tree species, can be as follows

agricultural land use for a maximum period of 30 years; length of one

the growing cycle may not exceed 10 years. The owner, or other person,

who is entitled to the agricultural land use, are required within 1 year of

their use of agricultural land as a plantation tree species ^ 18) remove

stumps and compensated it to qualify for further agricultural

usage. After their last growing cycle, this must be

agricultural land used in a different way, for at least 3 years.



(7) the owner or any other person who is entitled to the agricultural land

enjoy, they are required to notify the planting of trees or the beginning of the new

the growing cycle and their usage of agricultural land as a

Plantation tree species ^ 18) authority to protect agricultural land resources referred to

in § 15 always within 15 days from the date of planting, the beginning of a new production cycle

or termination of the use of agricultural land as a plantation tree species ^ 18).

This obligation shall not apply to persons who report these facts

or reported and the national agricultural intervention fund when submitting

applications for subsidies under the directly applicable European Union legislation

relating to common rules for direct support schemes under the

the common agricultural policy.



section 3a



The use of sediment on agricultural land



(1) the use of the sediments of ponds, water reservoirs and water courses is on

agricultural land can only be done if this is about cropland ^ 18) or

permanent grassland as ^ 18) when its renewal, and with the consent of the authority

protection of agricultural land resources and subject to the conditions and procedures

provided by law for fertilizers. In the restoration of permanent grassland

agro-technical operations following his rozorání shall not exceed

for 2 years, while the new rozorání cannot be made before the end of the fifth year

After the end of the recovery process of permanent grassland. Consent shall be

If the sediments to meet demands for their qualitative properties

established by specific legislation and not ^ 29)-If using

sediments on land damaged by the favorable physical, biological or

the chemical properties of the soil.



(2) an application for consent to use of the sediments of ponds, water reservoirs and

water flows must, in addition to requirements under the administrative code include



and) identification of the parcels on which the sediments are to be used,

and putting the total quantity in tonnes of dry matter of the sediments, which has the

them to be used; If the land included in the records of the soil under the law on

Agriculture, identifies with the identification number of the soil block

where applicable, a part of the soil block and its acreage, otherwise identifies

cadastral areas and parcelním a number of land,



(b) the consent of the owner) of agricultural land, on which it is to be the sediments

used, or any other person who is entitled to the agricultural land

enjoy, if you are not on the applicant,



c) quality data of sediment within the scope of a particular legal

^ regulation 29), no older than 3 years,



(d) an indication of the origin of sediments),



e) information about how a sampling of soils and sediments, and technological

sediment processing before use,



f) data on the quality of the soil on which they are to be used in the sediments

the scope of specific legislation ^ 29),



g) confirmation of sampling and laboratory evaluation of sediment and soils,

to which they are to be applied to the sediments, indicating accreditation for

implementation of the abstraction and analysis for the soil and sediment matrices,



h) the location of the mezideponie in the way described in point (a)), and



I expected start date of use) of sediments.



(3) if and when the compliance with the qualitative properties of sediment

stipulated by special legislation ^ 29) the suspected presence of

risk elements or hazardous substances in the sediment, which does not

a special law, and as a result, there is a risk of damage to the

positive physical, biological or chemical properties

agricultural land, the agricultural land resources authority to the applicant

save processing ecotoxicological tests according to a special legal

^ regulation 29). If ecotoxicological tests demonstrate toxicity of sediment,

approval cannot be granted.



(4) the protection of agricultural land resources Authority keeps records on the use of

the sediments of ponds, water reservoirs and water courses on agricultural land

in its administrative district, and passes the data to the register under the Act on

Agriculture. The contents of the register are




and) day with legal force consent issued pursuant to paragraph 1, where appropriate,

the day of acquisition of the decision, for which the consent was mandatory

basis,



(b) the quantity of sediments) tonnes of dry matter per hectare, the sediment



(c) data on sediment quality),



(d)) the origin of the sediment,



e) data on the land on which it is mezideponie,



f) information about the grounds on which the sediments are to be used, and



(g)) the start date of the use of the sediments.



(5) the initiation of the use of the sediments is entitled from the consent referred to in paragraph

1 must notify the authority to protect agricultural land resources, which

consent issued not later than 14 days in advance. Agreement ceases to be valid,

If the use of sediment was not commenced within 3 years from the date of the

legal power, or from the date when the decision came, for

that consent was mandatory.



section 3b



Acquisition and registration of information on the quality of agricultural land and registration

withdrawal of agricultural land



(1) information on the quality of agricultural land shall contain the information about the



and risk elements and content) hazardous substances in agricultural land,



(b)) physical, chemical and biological properties of agricultural land

and



(c) to the extent erozního) threat to agricultural land.



(2) the protection of agricultural land resources Authorities shall transmit the information referred to in

paragraph 1 is obtained from the activities carried out under this Act in the register

information on the quality of agricultural land. Registration of information on the quality

agricultural land is part of the land parcel under the law on agriculture,

in its separate parts. Authorities in the protection of agricultural land

the Fund shall have access to the parts of the land parcel under the law on agriculture

needed for the activities carried out under this Act.



(3) the information contained in the register of information on the quality of agricultural land

are used to assess the quality of agricultural land and its evolution,

carried out by the authorities of the protection of agricultural land resources, particularly

adverse changes; for the adverse changes of agricultural land shall be deemed to

exceeding the precautionary values in agricultural soils or when

the time interval the two surveys getting monitored

characteristics of agricultural land referred to in paragraph 1.



§ 3 c



Procedures for the pollution of agricultural land or threats to agricultural land

erosion and measures to remedy the



(1) the authorities of the protection of agricultural land resources saves the originators of objectionable

status of corrective measures to eliminate the defects arising from the violation of

the obligations referred to in section 3, with the exception of para. 1 (b). (b)), and measures to

remedy the defective condition resulting from the lack of compliance with the conditions issued by the

consents. The cost of the remedial measures shall be borne by the originator of a defective condition.

The obligations resulting from the corrective measures imposed the originators of objectionable

the State shall pass to his successors in title.



(2) as the corrective measures can be, depending on the detected pollution

agricultural land save special, both agrotechnická and

ameliorative measures pursuing the improvement of soil properties, reducing

accessibility or pumping out the risk elements and hazardous substances,

If appropriate, change the type of the property. Remedy when erosion by external threats to elect

the originator of a defective condition according to the implementing legislation.



(3) the exceeding of the indicator values in relation to a request for

the wholesomeness of food protection authority of agricultural land resources

shall notify to the State agricultural and food inspection and in relation to the

the request to the health of animal feedingstuffs to the central control and

the testing Institute of agriculture.



(4) the exceeding of the indicator values in relation to a public health authority

protection of agricultural land resources shall notify the owner of the land and district

hygiene station and crossing the indicator values in relation to the threat

animal health shall notify the owner of the land and the State Veterinary Administration.



(5) measures to remedy shall not be imposed if the injury was to remedy the ecological

decision on the imposition of corrective measures pursuant to the Act on

Prevention of environmental harm and its remedy ^ 30). Initiated proceedings on the

the imposition of measures to remedy the protection of agricultural land resources authority

If it was to remedy the ecological harm brought about the imposition of

corrective action according to the law on the prevention of environmental harm and

remedy the situation.



(6) the owners and other persons who are authorized to use the agricultural

the land to which the corrective measures that are not also binds to the originator

defective State, are obliged to tolerate the implementation of corrective measures. For

this purpose, they are required to allow access to its land and suffer in

extent necessary restrictions of the habitual use of their land.



PART III



THE POLICY AREA OF THE PROTECTION OF AGRICULTURAL LAND RESOURCES



§ 4



(1) For non-agricultural purposes is to be used primarily by non-agricultural

the land that is undeveloped and underused lands in a built-up area

or on undeveloped plots of building land buildings outside this

territory, building a vacant lot and the area acquired the buildings and bulldozing přežilých

device. If necessary, the withdrawal of agricultural land occur from

agricultural land resources, particular



and) withdraw, farmland areas, preferably at zastavitelných



(b)) withdraw a priority agricultural land of lesser quality; quality criterion

soils are a class of protection



(c) interfere with the least possible organization) agricultural land resources,

Hydrology and flow conditions in the territory and a network of agricultural purpose

communications,



d) withdraw, only the area of the agricultural land resources and after

their non-agricultural activities give priority to agricultural use

land,



e) when placing the direction and line structures as little burden

management of agricultural land resources and



(f)) after their permits non-agricultural activities promptly

such terrain modification to the land in question could be being restored and was

eligible for the performance of other functions in the landscape according to the reclamation plan.



(2) in the case, in particular, is considered to be necessary in the absence of the areas referred to

in paragraph 1, on the territory of the municipality, to which the intention that touches

agricultural land resources (hereinafter referred to as "intention"), implemented, where appropriate, on the

the territory of two or more municipalities, if it is by design that extends beyond the territory of the

community, or the public interest or public utility construction measures.



(3) agricultural land I and II. class of protection may be withdrawn only in

cases where another public interest outweighing public interest

protection of agricultural land resources.



(4) paragraph 3 shall not apply in the assessment of those faces that are

contained in the applicable territorial planning documentation, when new regional

planning activities does not experience a change in their destination.



PART IV



PROTECTION OF AGRICULTURAL LAND RESOURCES



§ 5



When planning activities



(1) that the protection of agricultural land resources when planning

activities carried out under the specific legislation ^ 6) ensured

makers and designers of territorial planning documentation and territorial

planning documents are required to apply the principles of this protection (section 4),

propose and justify such a solution, which is from the point of view of the protection of

agricultural land holdings and other legally protected General

of interest is the best. In doing so, must evaluate the expected consequences

the proposed solution on the agricultural soil, usually in

comparison with other possible solutions.



(2) the protection of agricultural land resources Authorities applied the opinion ^ 6)

territorial planning documentation and the proposal for the definition of the built

regard to the protection of agricultural land resources.



(3) the territorial decision should be without prejudice to the agricultural soil, releases

the Building Authority on the basis of the consent of the authority to protect agricultural soil

the Fund issued pursuant to section 9, which is a binding opinion in accordance with the administrative

order ^ 7).



§ 6



In the processing of proposals for the establishment of mining areas



(1) legal and natural persons entitled to the extraction of minerals are required to

control in the processing of proposals for the establishment of mining areas according to the

Special regulations ^ 8) principles of the protection of agricultural land resources (section

4), suggest and justify such a solution, which is from the point of view of the protection of

agricultural land holdings and other legally protected General

of interest is the best. In doing so, must evaluate the expected consequences

the proposed solution on the agricultural soil Fund taking into account options

reclamation, usually in comparison with another possible solution.



(2) proposals on the establishment of mining areas must be discussed with the

protection of agricultural land resources authorities and before approval of the bear

their consent. A request for consent, the justification and evaluation

referred to in paragraph 1, the prior approval of the Ministry of environment to

determination of the total area under the Mining Act ^ 31), graphical

representation of the boundaries of the bearings, or blocks of mineral reserves, according to the results of the

the geological survey, where it is represented, and the reclamation of the study design.



§ 7



In the processing of documentation for the location of the intent of the




(1) documentation for issuance of zoning and planning decision requiring consent under

§ 9 must be handled with due regard to the principles of surface protection

agricultural land resources (section 4), location of the building must be designed

so that from the perspective of the protection of agricultural land resources and other

legally protected public interests occurred in the fewest losses

agricultural land resources, and the consequences must also be evaluated

the proposed solution on the agricultural soil Fund.



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

outside built-up areas, with the exception of cases, the location of the building in accordance with the



and applicable principles of spatial development) or a valid plan, or



(b) proposal for the aerial route and) groundwater management, land

communications ^ 10), national railways ^ 11) and waterways and their

part of ^ 12) for which the protection of agricultural land resources authorities have granted

the observations referred to in paragraph 4.



(3) the client routes aboveground and underground wiring, ground

communications, national railways and waterways and their components is

required to design the location of the building, so that from the point of view of the protection of

agricultural land holdings and other legally protected public

There was an interest in the fewest losses of agricultural land resources, and

at the same time to assess the implications of the proposed solution to this Fund.

The evaluation shall be accompanied by the application of the observations referred to in paragraph 4.



(4) on the proposal for the aerial and underground routes, infrastructure management,

the national railways and waterways and their components will always be expressed in

protection of agricultural land resources authority, while in its observations

will propose measures to ensure the protection of agricultural land resources;

representation is the preliminary information pursuant to the administrative code of the conditions for

consent to the withdrawal of agricultural land from the agricultural land resources.



(5) a finding authority to protect agricultural land resources referred to in paragraph

4 there is no need



and if you want), the construction of the route the aerial and underground wiring, ground

communications, national railways and waterways and their components

take place on the areas designated for this purpose, the applicable principles

land development or the applicable master plan or if the conditions for

the location of the routes above-ground and underground lines, roads,

the national railways and waterways and their part of the established regulatory

the plan,



(b)) if they are part of the solution contained in the documentation of other structures, for

that consent has been granted a detention under section 9, the aerial and route suggestions

the underground leadership, infrastructure, national railways, and water

paths and their components,



c) in the case of the proposal for adjustments to the aerial and underground routes management,

the road, the national railways and waterways and their

part of, or



d) in the case of the length, width, and edit the parameters of the arches of the existing

above-ground and underground lines, the infrastructure, the national railways

and waterways.



(6) the request for opinions referred to in paragraph 4 shall in addition to the requirements referred to in

administrative regulations contain



and the plot of the suggested routes) above-ground and underground wiring, ground

communications, national railways and waterways and their components to

snapshot of cadastral maps showing the parcels concerned

land belonging to the agricultural land resources according to the cadastral territory



(b)) data on hydrological and drainage conditions,



(c) agricultural networks) data on the roads and country roads,



(d) the bonitovaných of the soil) data on the ecological land units

and their classification to class of protection in the case where it is possible to alternate

the location of the routes above-ground and underground lines, roads,

the national railways and waterways and their parts, and



(e) a brief technical data) solution of the construction.



§ 8



In the construction, mining and industrial activities, landscaping and

geological and hydrogeologickém survey



(1) in order to prevent damage on the agricultural soil Fund building,

mining and industrial activities, and landscaping, where applicable, to the

damage was limited to the level of the smallest, they are legal and natural persons

These activities are required to evaluate projected operating implications

the proposed solution to the agricultural land and to apply the principles

protection of agricultural land resources (section 4), and in particular



and hide separately) the top layer of soil or culture even deeper

stored soil on the whole of the land capable of the concerned area and ensure

their efficient use or proper storage for the purpose of reclaiming the

or provide at his own expense and spreading them on the desktop

the designated authority of the protection of agricultural land resources, if in justified

cases, this authority has granted an exemption from the obligation to perform the skrývku

referred to Earth; the case is deemed to be justified, in particular, the withdrawal of

agricultural land from the agricultural land resources



1. for the purposes of afforestation, where appropriate, Declaration of land designated for the performance

forest functions,



2. for reasons of classification in kind land other area when land

cannot be agricultural tilling,



3. in the interest of protecting nature and the landscape,



4. for the protection of archaeological sites, or



5. for the establishment of protection zones and water resources and trade

the bands first degree natural medicinal resources and protection degree

sources of natural mineral waters,



(b) soil odklizové) to store in depleted areas, and if this is not possible

or economically justified, save them in the first place on surfaces

infertile or on surfaces that were inferior to that end

withdrawn from the agricultural land resources,



(c)) to perform a suitable surface treatment of the affected areas, to the shape,

saving the soil and water conditions were ready for reclamation, if

perform reclamation comes into consideration,



(d)) to carry out in accordance with approved plans for rehabilitation of the affected areas, in order to

to be eligible for the performance of other functions in the landscape,



e) take measures to prevent the leakage of solid, liquid and gaseous

substances that Deplete the agricultural soil and vegetation cover.



(2) the geological and hydrogeologickém survey, and in building,

repairs and maintenance of above-ground and underground lines in agricultural soil

Fund operators are required to comply with the obligations of these works

referred to in paragraph 1 and



and work on the land) to carry out in the period dormancy and after

the State concerned areas to their original state,



(b)) to carry out the work on the agricultural soil Fund and its

vegetation cover as little damage occurred,



(c) the intended implementation in a timely manner) discuss work with the owner of the affected

agricultural land, or other person authorized this farmland

take.



(3) If the work associated with the geological and hydrogeological exploration and

with the building, repair and maintenance of above-ground and underground lines will require

withdrawal of agricultural land resources for a period longer than one year, including

the time required to put land to its original state, are

the operators of such work shall be obliged to ask the agricultural protection authority

land resources of the consent to the withdrawal of land from the agricultural land resources (section

9).



PART V



WITHDRAWAL OF LAND FROM THE AGRICULTURAL LAND RESOURCES



§ 9



(1) withdrawal of agricultural land from the agricultural land resources for

non-agricultural purposes requires the consent authority to protect agricultural

land resources. The intention, which requires withdrawal of agricultural land from

agricultural land resources, you cannot enable under special laws

regulations ^ 32) without this consent, except in the cases referred to in

paragraph (2). In the assessment of the withdrawal of agricultural soil protection authority

the Fund is based on the total area of agricultural land required for the target

the intention.



(2) the consent referred to in paragraph 1 do not need to be from the agricultural

land resources are withdrawn agricultural land



and) in a built-up area for



1. construction of the built-up areas including the related area of 25 m2,

or



2. the construction of housing or public interest for construction of umísťovanou in

vacant space of 0.5 ha,



(b)) for the location of the



1. signals of stability of stones and other markers for surveying purposes,

manholes of underground cables and overhead lines, masts

mobile networks, if in individual cases, it is not about more than

30 m2,



2. lift stations, boreholes, wells and stations of overhead or

the underground cables and wind jam, if in individual cases, it is not

of the more than 55 m2, or



3. projects on undeveloped parts of developed building land,



(c)) for the restoration of natural watercourses watercourses, or



(d)) to non-agricultural purposes for a period of less than one year, including time

needed for the launch of agricultural land to its original state, if the term

the initiation of non-agricultural use of farmland for at least 15 days in advance

notified in writing to the authority of the protection of agricultural land resources referred to in §

15.



(3) Land may be withdrawn from the agricultural land resources permanently or

temporarily. You can withdraw the land temporarily only in the event that after the end of the purpose

the withdrawal of the concerned area being restored according to the approved plan


reclamation so that it could be returned to agricultural land resources.



(4) the subject of withdrawal of agricultural land from the agricultural land resources in

construction of a family house and buildings for family recreation, where land

adjacent to the building site has henceforth serve as the garden ^ 18), is the area of

necessary for the construction and paved areas, and related conditions

necessary to ensure the protection of agricultural land resources are set on the

all of the area of agricultural land affected by construction.



"(5) when deciding the intent of section 4 (4) shall not apply. 3, if it is about

the intention of the



and) public transport or public technical infrastructure ^ 33)

placed in the corridor defined in spatial development policy in force on

the basis of the evaluation of the location of the project, professionally determined estimate of the acreage

disk space used by agricultural land and its inclusion in the protection classes



(b)), placed on stoppable desktop as defined in applicable principles

territorial development based on the evaluation of the location of the project, professionally

provided for the estimate of the acreage that the agricultural land and its inclusion in

class of protection



(c)) on the desktop as defined in applicable stoppable land use plan,



(d)) in the specified mining or mining leases



e) search and exploration of minerals exploration in the specified areas.



(6) an application for consent to the withdrawal of agricultural land from the agricultural land

the Fund shall in addition to the requirements under the administrative code contain a purpose

the proposed withdrawal, the evaluation of the anticipated effects of the proposed

the solution to the agricultural soil Fund and the rationale for why the proposed solution

in terms of the protection of agricultural land resources, environment and

other legally protected public interests the best. If there is a

the subject of the withdrawal of the only stage of the overall project, the applicant shall state its

the final estimated range, in particular the total requirements for the agricultural

the soil. The application connects



and the land registry data on) the grounds covered by the proposed withdrawal of the

agricultural land from the agricultural land concerned, with an indication of

proprietary, or user relations to the land, and

further acreage parcels or parts thereof and the plot of the proposed withdrawal in

a copy of the cadastral map, possibly with guidance mapping plots

from an earlier land records,



(b) the owner of agricultural land), whose withdrawal from the agricultural

land resources is proposed, or any other person who is entitled to

agricultural land use, unless it is for the applicant, the proposed

the withdrawal,



(c) the calculation of the charges per withdrawal) of land from the agricultural land resources including

the calculation procedure in accordance with the annex to this Act and including the input data

used for the calculation, unless the withdrawal, in which the contributions

does not provide,



(d) rehabilitation plan has) to be the soil after their purpose the withdrawal returned to

agricultural land resources, or being restored or the establishment of afforestation

bodies of water,



(e)) preliminary payments overburden soil layers and design cultural way

their efficiency,



(f) evaluation and proposal of alternatives) pursuant to § 7 para. 1 and 2,



(g) the results of the survey, pedologického)



h) information about the drainage and závlahách,



I) details of the anti-erosion measures



j) plot borders bonitovaných soil organic units, with an indication

classes of protection and



to the extent to which) information subsequent proceedings under a special legal

Regulation has to be consent to withdrawal of agricultural land from the agricultural

land resources.



(7) in the case of mining, application for consent to detention

agricultural land from the agricultural land resources, must in addition to requirements

in accordance with paragraph 6 contain the results of the geological survey and data on

the amount of groundwater levels.



(8) the protection of agricultural land resources Authority shall assess the application and its

attachments, and if the Court finds that the soil can be taken away from the agricultural soil

the Fund will issue this withdrawal of consent, in which, in particular,



and shall specify which of the land) or parts of this consent,



(b)) shall lay down the conditions necessary to ensure the protection of agricultural land

the Fund,



(c) approves the plan of reclamation) in accordance with paragraph 6 (a). (d)), or

providing for special treatment of its implementation in terms of time and performance

completion of the work, if there are special reasons when the fracture (surface)

the extraction of coal and kaolin or geological exploration works, in particular

for very deep wells,



(d)) shall define whether and in what amount will be prescribed charges for withdrawal of land from the

agricultural land holdings, and



(e) define the stage of the projects), carried out in stages.



(9) the amount of the levy shall be defined by the protection of agricultural land resources authority only

for your information. The final amount of the levy shall be determined in accordance with § 11.



§ 10



(1) consent to the withdrawal of land from the agricultural land resources issued under section

9. 8 for the intention of requiring a permit under the special law

is a binding part of the decision, which will be in the case released

under the specific legislation. ^ 6) the applicant shall be obliged to comply with the conditions in it

set the date on which this decision became legally able to, where appropriate, in

the time limits specified in them. The validity of the agreement is the same as the

the validity of those decisions and at the same time to extend

their validity under the specific legislation. ^ 6)



(2) the protection of agricultural land holdings, which has agreed to

withdrawal of land from the agricultural land resources, may, on the proposal of the applicant

change the terms and conditions and other facts set out therein in proceedings on the amendment

the decision issued in accordance with the specific legislation. ^ 6) protection authority

agricultural land holdings may, at the request of the person referred to in paragraph 1 change

the final decision on acceptance of the withdrawal of agricultural land from

agricultural land resources (section 21), if conditions have changed

applicable to the content of the consent. To change the permission for the extraction of mineral resources

raw materials to be performed within a specified mining area for the protection of

nature is possible only on the basis of observations of the environmental protection authority of

the intent of the announcement of a significant landscape element, or registered

temporarily protected areas. Changes to the consent for the protection of nature

shall not exceed 10% of the area of the solved the originally approved plan

reclamation. Because of the change of nature protection is effective from the date of

legal force of the marketing authorisation of a significant landscape element

or from the date of acquisition of the decision about publication temporarily

the protected area.



(3) consent to the withdrawal of agricultural land from the agricultural land resources

shall be valid until the expiration of 3 years from the date of its notification to the applicant,

become the basis for proceedings under special legislation.

If approval has been issued in the form of a decision (section 21), ceases to be valid,

If the implementation plan has not been commenced within 3 years after the date of the acquisition of its legal

power.



(4) in the case of permanent withdrawal of agricultural land from the agricultural land

the Fund is the basis for registration of changes of the land in the land register

real estate decisions based on specific legislation, where appropriate,

a final decision on consent (section 21).



PART VI



CHARGES FOR WITHDRAWAL OF LAND FROM THE AGRICULTURAL LAND RESOURCES



§ 11



(1) a person, which testify to the intent, permission for which consent has been granted

with the withdrawal of agricultural land from the agricultural land holdings, is required for

are removed from farmland to pay levy the amount laid down in annex

to this Act.



(2) the amount of the levies for the withdrawal of land from the agricultural land resources decides

protection of agricultural land resources authority in accordance with the annex to this Act

After the start of implementation of the project. For projects carried out by stages

as defined in the agreement to the withdrawal of agricultural soil protection authority

the Fund decides on the individually levies charges for each individual

stage after its initiation.



(3) when deciding on the contributions of agricultural land resources protection authority

is based on the rule of the State of the legal force of the first decision

issued in a case under special legislation, where appropriate,

the decision to consent (section 21).



(4) the debtor for the payment of dues is required to agricultural protection authority

land resources relevant to decisions about contributions and protection authority

agricultural land holdings, which has agreed that the detention



and deliver a copy of the final decision), for which there is consent to the

a detention order, or the decision to consent (section 21), and up to 1 year

from the date of its expiration, and



(b) notify in writing the start of implementation) plan, where appropriate, the initiation of another

stages of the project, and no later than 15 days before the start.



(5) mandatory dues payment pursuant to § 11a. 3 the authority is obliged to

protection of agricultural land resources relevant to decisions about contributions

report a change how you use and provide a copy of the permission to perform

changes within 1 month of the change.



(6) if there is a change in the person of the debtor for the payment of dues, is the new

required to pay dues must notify and provide authority to protect

agricultural land holdings, which has agreed that detention, and authority

protection of agricultural land resources relevant to decisions about contributions

This change, within 1 month of the change. Payment obligation


the original debtor for the payment of dues shall cease to exist, with the exception of arrears, on the date of

legal force of the decision, which is an obligation for the payment of contributions

the new principal is stored.



(7) If a decision on levy issued after start of implementation of the project,

the amount of the levy corresponding to the period until the release of the decision of the levies,

be added to the first payment of dues, and that from the date of the initiation of the implementation of

intent.



§ 11a



(1) deductions are removed from the soil is permanently does not provide, in the case of withdrawal of the

agricultural land from the agricultural land resources for



and the construction of railways), including their components ^ 34), if builders and subsequently

the owner of the State



(b)) of the construction of road infrastructure in State ownership ^ 35), including their

components and accessories,



(c) the building of agricultural primary production) carried out by registered agricultural

Entrepreneur under the law on agriculture,



(d)) the construction of roads that are used for the purpose of

agricultural and forest land,



e) constructions & equipment protection, erosion control



f) construction of wastewater treatment plants,



g) change a kind land the kind of land the other area is the way

the use of green areas, where the land will be a public space



h) afforestation on land in the IV. and in a class of protection.



I) buildings in the public interest, whose main purpose is to protect from

the flood, the



j) bike lanes, or parts thereof, to be constructed in accordance with the applicable

principles of territorial development or with the applicable master plan, or



to) guarantee the interests of nature conservation and landscape under the Act on the protection of

nature and landscape, if it is to rise to a registered a significant landscape element

or temporarily protected area (§ 10 par. 3), converting it to the type of

land



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



2. water area of waterlogged land uses, or



3. forest land uses the forest other than economic.



(2) the building of agricultural primary production shall not be considered a building containing

the living room, the building for the processing and sale of agricultural production and

the construction tied to animal husbandry, which serve other purposes, such as

Racecourse or training Hall.



(3) if within 5 years of the effective date of the decision, the

mandatory component became the consent to withdrawal of agricultural land from

agricultural land resources for the objective referred to in paragraph 1, or of the date of

legal force of the decision on such consent (section 21) to change the purpose of the

the use of area on the purpose of the use for which the levies set out charges

shall be determined in accordance with § 11. Required to pay dues is the witness

permission to change the purpose of the use. When deciding on the levy shall be based on

from the rule of the State legally effective change of the purpose of use.



section 11b



(1) the Charges for agricultural land permanently from the agricultural soil are removed from

the Fund shall be paid in one lump sum. Charges for agricultural land temporarily are removed from

from the agricultural land resources is charged annually until their

reclamation in accordance with the approved plan [§ 9 para. 8 (b), (c))] or

the extinction of the obligations of the reclamation in accordance with paragraph 4, or to the date of acquisition

the decision on the registration of a significant landscape element, or to a

the date on which the decision about publication temporarily protected

desktop.



(2) completion of reclamation will confirm on the basis of the investigation authority in the field

protection of agricultural land holdings, which has agreed that the detention

agricultural land from the agricultural land resources. Confirmation of their

the withdrawal shall be sent to the Customs Office.



(3) if it is permanently withdrawn from agricultural land agricultural land resources

for the extraction of mineral resources to be performed at a specified yield

space and to be concerned land after their purpose of withdrawal

shall be recultivated pursuant to the approved plan of reclamation afforestation or

the establishment of the water surface, charges are to be paid as the temporary withdrawal.



(4) the date of the decision, which is a mandatory component

consent to a permanent withdrawal of agricultural land from the agricultural land

the Fund, or from the date on which the decision to consent (section 21)

permanent withdrawal, the obligation of the reclamation of the prior consent of the

with the temporary detention on the same surface.



(5) the portion of the levies in the amount of 55% of the State budget revenue, 15% is

income budget the State Environmental Fund of the Czech Republic and

30% of the budget revenue of the municipality in whose territory the withdrawn agricultural

the land is located. Charges which are income budget of the municipality, may be

used only for improving the environment in the village and for the protection and

restoration of nature and the landscape. If the withdrawal of agricultural land from the agricultural

land resources affect the agricultural land on the territory of several communes, part

attributable to the budget of the municipality of the village between the proportion according to the desktop

withdrawal of agricultural land.



§ 12



The maturity of the contributions



(1) the Levy paid in one lump sum is payable within thirty days from the date of acquisition

the decision about the levy.



(2) in the case of levies paid annually, they are due no later than

the end of each calendar year in which the withdrawal takes.



(3) unless the levy was paid on time and in full amount, there is the obligation to pay

the amounts of unpaid interest that is



and for a legal person or) for natural persons authorized to conduct business ^ 21)

0.05% of the due amount for each day of delay,



(b) the natural person) for 5% of the amount due per year.



(4) the Exhaust shall not apply if the amount of the levy



and paid in a lump sum does not exceed) the total amount of 100 Eur,



(b)) for the temporary withdrawal does not exceed the amount of $ 50 per year.



(5) interest on arrears is if not prescribed and the person liable for there is no

the obligation to pay does not exceed in the aggregate with one tax administrator

the amount of $ 200.



(6) in the management of the payment of contributions shall be applied in accordance with the tax code.



PART VII



PERFORMANCE OF STATE ADMINISTRATION IN THE FIELD OF THE PROTECTION OF AGRICULTURAL LAND RESOURCES



section 13 of the



(1) the Authority of the protection of agricultural land resources is



and) Municipal Office municipality with extended powers,



b) Regional Office



(c)) the National Park,



(d)) the Czech environmental inspection (hereinafter referred to as "the inspection") and



(e)), the Ministry of the environment.



(2) in the military family house ^ 36) shall act as the authority to protect agricultural

municipal land resources Bureau.



§ 14



cancelled



§ 15



Municipal Office municipality with extended competence



and) decides pursuant to § 1 (1). 4 about whether land is part of the

agricultural land resources,



(b) under section 2) grants consent to a change of permanent grassland on

arable land,



c) imposes measures to remedy the defective condition resulting from the violation of

the obligations referred to in § 3 (1). 1 (b). (c)), and (d)), and in section 3, paragraph 3. 4 to 6 and

lack of compliance with the conditions of consent issued by him,



(d) performance) checks



1. the obligations referred to in § 3 (1). 1 (b). b) to (d)) and § 3 (1). 4 to

6,



2. the conditions of consent issued by him, including the implementation of the reclamation,



3. saved by remedial measures,



e) consents in accordance with § 3a paragraph 2. 1 to use the sediments of ponds,

water reservoirs and water courses and keeps records of their use,



(f)) regarding the erozního threat of agricultural land under section 3b takes

information about the agricultural land and assess its condition and passes this information to the

registration of information on the quality of agricultural land,



(g)) be sent under section 3b of the paragraph. 4 the data related to the detention of the agricultural

the land from the agricultural land holdings to a record withdrawal of agricultural land,



h) applies pursuant to § 5 para. 2 opinion on the regulatory plans with

the exception of the regulatory plans purchased on the basis of territorial policy

development,



I) awarded pursuant to § 7 para. 4 comments on the proposals of the routes above-ground and

the underground lines, roads, waterways and their

part of it, if the route the aerial and underground wiring, ground

roads and waterways and their components shall not exceed the administrative district

the municipalities with extended competence,



j) grants according to § 9 para. 8 consent to withdrawal of agricultural land from

agricultural land resources if it is to be without prejudice to the agricultural land with total area of

less than or equal to 1 ha, and for the suspension or permanent withdrawal of a

a temporary levy issued consents in it issues a confirmation of their

reclamation under section 11B(2). 2,



to) decide, pursuant to section 11 (1) 2 the withdrawal of agricultural land from

agricultural land resources,



l) dealt with administrative offences under this law, if not to their

discuss the appropriate inspection,



m) is the administrative authority concerned in accordance with the Act on environmental impact assessment

the environment if they are to be without prejudice to land belonging to the

agricultural land with an area of less than or equal to 1 ha, and



n) State administration in the field of the protection of agricultural land resources,

If it is not under this law, the competent authority of the other.



section 16 of the



National parks administration carrying out the scope of the territory of these parks in the

protection of agricultural land resources according to specific rules. ^ 23)



section 16a



Inspection



and) checks



1. compliance with the obligations referred to in § 3 (1). 1 (b). and) and in section 3, paragraph 3.

2 and 3,



2. the implementation of corrective measures imposed by subparagraph (b)),



(b)) imposes measures to remedy the defective condition resulting from the violation of

the obligations referred to in § 3 (1). 1 (b). and) and in section 3, paragraph 3. 2 and 3,




(c)) dealt with administrative offences under section 20 (2). 1 (b). and), e), (f)), and (h))

and under section 20a para. 1 (b). and), e), (f)), and (h)); administrative offences under section 20

paragraph. 1 (b). (h)) and under section 20a para. 1 (b). (h)), if the

It is a failure to comply with corrective measures imposed on inspections, and



(d)) information on agricultural land, with the exception of information

relating erozního risk to soil, its status under section 3b, and

These data shall be provided to the register of information on the quality of agricultural land.



§ 17



Ministry of the environment



and according to § 5) apply paragraph 1. 2 opinion of the principles of spatial development,

land use plans of municipalities, which is the seat of the County, and to the territorial plan

that addresses the entire territory of the city of Prague, and on proposals for a separate

definition of the developed territory of the city of Prague and the communities in which it is

the seat of the County,



b) grants under section 6 (1). 2 consent to the proposals for the establishment of mining

spaces, if the proposed solution without prejudice to agricultural soil Fund

an area of over 20 ha,



c) awarded pursuant to § 7 comments on the proposals of the routes above-ground and underground

leadership, infrastructure, national railways and waterways and their

components that are located on the territory of two or more counties,



d) grants according to § 9 para. 8 consent to withdrawal of agricultural land from

agricultural land resources if it is to be without prejudice to the agricultural land with total area of

over 10 ha, and for the temporary withdrawal of the temporary or permanent withdrawal of the carrying away of

issues for consents it issues a confirmation of their rehabilitation under section

11B(2). 2,



e) controls the performance of State administration in the field of the protection of agricultural land resources

and how authorities are supervised by the protection of agricultural land resources at a later stage

This section shall carry out their tasks,



(f) draw up the concept of agricultural protection) land resources such as folders

environment and ensures the preparation of a generally binding legal

regulations,



g) draws up the interpretations the provisions of generally binding legal regulations

on the protection of agricultural land resources,



h) performs control activities and gives authorities the protection of agricultural

land resources initiatives to apply in his scope of action

the defects are not corrected,



I) be sent under section 3b of the paragraph. 4 the data related to the detention of the agricultural

the land from the agricultural land holdings to a record withdrawal of agricultural land,



j) checks the fulfilment of the conditions it issues approvals, including the implementation of

reclamation, and corrective measures imposed by it,



k) imposes measures to remedy the defective condition resulting from the failure to

the conditions he had issued consents,



l) is the appellate administrative authority in matters decided inspections or

the administration of the National Park and



m) is the administrative authority concerned in accordance with the Act on environmental impact assessment

the environment if they are to be without prejudice to land belonging to the

agricultural land with an area of 10 ha.



§ 17a



Regional Office



and according to § 5) apply paragraph 1. 2 opinion on spatial planning

documentation, except for cases under the jurisdiction of another authority to protect

agricultural land resources, and to the proposals to separate the definition of the

the built of the territory, with the exception of the built within the city of Prague and

communities in which is the seat of the County,



b) grants under section 6 (1). 2 consent to the proposals for the establishment of mining

spaces, if the proposed solution without prejudice to agricultural soil Fund

an area of 20 ha,



c) awarded pursuant to § 7 comments on the proposals of the routes above-ground and underground

leadership and their components, if the route goes beyond the territory in which it exercises

the scope of the local authority of the municipality with extended powers, and unless the case

referred to in section 17 (b). (c)),



d) grants under section 7 of the observations on the draft of the national railways and routes

their components, that do not exceed the territory of the region, and to the proposals

routes on roads, waterways and their components

do not exceed the territory of the region and extend beyond the District of the village with

extended powers,



e) grants according to § 9 para. 8 consent to withdrawal of agricultural land from

agricultural land resources if it is to be without prejudice to the agricultural land with total area of

greater than 1 hectare and less than or equal to 10 ha, and for the temporary withdrawal of or

permanent withdrawal with a temporary levy issued consents issued for it

confirmation of their rehabilitation under section 11B(2). 2.



f) guides and unifies the performance of State administration in the field of protection of

agricultural land resources, which provide the municipal authorities of municipalities with

extended powers on the territory of the region, keeping a watch on how these

protection of agricultural land resources authorities carry out their duties, performs the

control activities and gives them incentives to do so, to apply in their

the scope of the measures to eliminate the detected defects



(g)) be sent under section 3b of the paragraph. 4 the data related to the detention of the agricultural

the land from the agricultural land holdings to a record withdrawal of agricultural land,



h) checks the fulfilment of the conditions it issues approvals, including the implementation of

reclamation, and corrective measures imposed by it,



I) imposes measures to remedy the defective condition resulting from the failure to

the conditions he had issued consents and



(j)) is the administrative authority concerned in accordance with the Act on environmental impact assessment

the environment if they are to be without prejudice to land belonging to the

agricultural land holdings with an area greater than 1 hectare and less than or equal

10 ha.



section 17b



The central control and testing Institute of agricultural



and passes it to the register) information on the quality of agricultural land (§ 3b of the paragraph.

3 information about agricultural land obtained from the activities carried out under the Act

on fertilisers, in particular information about the contents of the risk elements or

hazardous substances in agricultural soil, the physical characteristics of the agricultural

soil and harmful changes of agricultural land [§ 3b, paragraph 1 (a)), and (b))]

and



(b)) shall immediately inform the inspection on cases of pollution or damage to the

agricultural land.



section 18



Common provisions on the performance of State administration in the field of protection of

agricultural land resources



(1) an application for a consent to the withdrawal of agricultural land from the agricultural

land resources is served by the local authority of the municipality with extended competence,

in whose administrative district is the largest portion of agricultural land, which

to be withdrawn from agricultural land resources. The local authority of a

extended jurisdiction request referred to in the first sentence shall assess and, if not

competent to deal with it, it passes it with his opinion of the regional

the Office. Similarly, the regional authority shall proceed, if execution of the request referred to in

the first sentence of the relevant Ministry of the environment. If there is a

agricultural land within the territory of the National Park, the request in the first sentence

the administration of the National Park.



(2) if the agricultural land which is the subject of a request under

paragraph 1, in the area of two or more protection services

agricultural land holdings of the same degree, the proceedings in the competent

the protection of agricultural land resources authority, in whose administrative district

is the largest portion of agricultural land.



(3) the protection of agricultural land resources Authorities shall keep to compliance with

provisions of the Act and the regulations issued on its basis, consistently

check that the conditions are complied with and implemented measures by them

set out in the management according to law and within the limits of its competence impose

measures to eliminate the detected faults.



(4) the protection of agricultural land resources Authorities cooperate with all

State administration bodies whose work touches on the agricultural soil

the Fund, with the authorities of the environmental inspection of the Czech Republic

The State Environmental Fund of the Czech Republic and with the State

the land registry office.



(5) the protection of agricultural land resources, which is competent to

opinion to territorial planning documentation, is the institution concerned in the

other matters related to the spatial planning documentation ^ 37).



(6) If consent to the withdrawal of agricultural land from the agricultural land

the Fund has not been issued by the municipal authority of the municipality with extended competence, it shall

protection of agricultural land resources authority, which issued the approval,

a copy of the written copy of the Municipal Council of the municipality with extended

scope, in whose territorial jurisdiction the agricultural land or its

the largest part is located, including the documentation attached to the application for

the issue of consent.



(7) the officials of the authority to protect agricultural land resources are

in the performance of inspection activities under this Act show evidence of

issued by the competent control authority, which is proof of their

credentials for review.



(8) in the samples taken for the purpose of checks on pollution of agricultural land

under this Act, does not belong to the person to whom the sample was taken, the refund.



§ 18a



For the regional office, the Municipal Council of the municipality with extended

powers under this Act are performance by.



section 18b



(1) the Ministry of the Interior or the police of the Czech Republic provides to the authorities of

protection of agricultural land resources



and from the base) a reference population register,



(b)) the data from the agendového information system of population register,



(c)) the data from the agendového information system for foreigners.




(2) Information Provided pursuant to paragraph 1. and) are



and) the name or name, last name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(c)) date and place of death; in the case of the death of the data subject outside the United

Republic, date of death, place and the State on whose territory the death occurred;

If it is issued the Court's decision on the Declaration of death, the date that is in the

decisions listed as the day of death or the date on which the data subject

declared dead have survived, and the date of acquisition of legal power of this

the decision,



(d) the address of the place of stay)



e) nationality, or more of State citizenship.



(3) Information Provided pursuant to paragraph 1. (b)) are



and the name or names), surname, maiden name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(c) the social security number),



(d) the address of the place of residence),



e) nationality, or more of State citizenship.



(4) Information Provided pursuant to paragraph 1. (c)) are



and the name or names), surname, maiden name,



(b)) of the date, place and County of birth; the body which was born in

abroad, the date, place and the State where he was born,



c) country of citizenship or more of State citizenship,



(d)) the type and address of the place of stay



(e)) the beginning of the stay, where appropriate, the date of their stay.



(5) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



PART VIII OF THE



SPECIAL PROVISIONS



§ 19



If it detects a new mapping, cadastral offices or other

activities associated with the management of the real estate cadastre, or State

Land Office in the management of land, the results of

is used for the restoration of the land operátu, as a result of small

for gentle long-term shifts the boundaries of land belonging to the

agricultural land resources, including natural shifts of the troughs of water

flows, there has been a natural change in the kinds of land, will be discussed by the detected

the fact with the owners of the land, and shall be recorded in the

accordance with the situation on the ground.



PART IX



ADMINISTRATIVE OFFENCES



section 20



Misdemeanors



(1) a natural person has committed the offence by



and) contrary to section 3 (2). 1 (b). and farmland, pollute)



b) contrary to section 3 (2). 1 (b). (b)) causes a threat to agricultural land

erosion,



c) contrary to section 3 (2). 1 (b). c) used agricultural land to

to non-agricultural purposes, without the consent of its withdrawal from the agricultural

land resources,



d) contrary to section 3 (2). 1 (b). d) damages the physical properties

of agricultural land,



e) contrary to section 3 (2). 2 brings a non-authorised substance or preparations

to agricultural land or on her,



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

apply fertilizer or product containing a substance or a risky venture

the element for which the indicator values have been exceeded,



g) in violation of § 3a paragraph 2. 5 notify begin using sediment in

the time limit,



h) fail to comply with corrective measures imposed pursuant to § 3 c,



I) fails to comply with any of the conditions of protection of agricultural land resources

specified decisions made on the basis of the consent of the detention of the agricultural

the land from the agricultural land resources according to § 10 para. 2, or by decision of the

to consent to withdrawal pursuant to § 21,



j) contrary to section 11 (1) 4 (b). deliver a copy of the final)

decision within the time limit,



k) contrary to section 11 (1) 4 (b). (b) fails to notify the intention to start of implementation)

within the prescribed period,



l) contrary to section 11 (1) 5 notify within the prescribed usage patterns change

the time limit, or



m) contrary to section 11 (1) 6 to notify and submits the change in the person of the statutory

to pay dues within the prescribed period.



(2) the owner, or another natural person, who is entitled to the agricultural

land use, is guilty of an offence by



and permanent grassland changes) on arable land, without the consent pursuant to section 2,



b) contrary to section 3 (2). 4 not used or is not maintaining agricultural land in

accordance with the characteristics of a kind land



c) contrary to section 3 (2). 5 uses the farmland I and II. class

protection as a plantation tree species,



d) contrary to section 3 (2). 6 does not remove the stumps or does not

reclamation,



e) contrary to section 3 (2). 6 does not change the way the use of agricultural land, or



(f) notify the planting or harvesting) tree species according to § 3 (2). 7.



(3) a fine may be imposed for the offense to



1 000 000 Czk), if it is a misdemeanor pursuant to paragraph 1. and), c), (e))

or i),



(b)) 100 000 CZK in the case of an offense referred to in paragraph 1 (b). (b)) or h)

or pursuant to paragraph 2 (a). c), (d)) or (e)), or



(c)) $ 50,000, in the case of an offense referred to in paragraph 1 (b). (d)), f), (g)), j),

k), (l)), or m) or paragraph 2 (b). and), b) or (f)). ".



section 20a



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and) contrary to section 3 (2). 1 (b). and farmland, pollute)



b) contrary to section 3 (2). 1 (b). (b)) causes a threat to agricultural land

erosion,



c) contrary to section 3 (2). 1 (b). c) used agricultural land to

to non-agricultural purposes, without the consent of its withdrawal from the agricultural

land resources,



d) contrary to section 3 (2). 1 (b). d) damages the physical properties

of agricultural land,



e) contrary to section 3 (2). 2 brings a non-authorised substance or preparations

to agricultural land or on her,



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

apply fertilizer or product containing a substance or a risky venture

the element for which the indicator values have been exceeded,



g) in violation of § 3a paragraph 2. 5 notify begin using sediment in

the time limit,



h) fail to comply with corrective measures imposed pursuant to § 3 c,



I) fails to comply with any of the conditions of protection of agricultural land resources

specified decisions made on the basis of the consent of the detention of the agricultural

the land from the agricultural land resources according to § 10 para. 2, or by decision of the

to consent to withdrawal pursuant to § 21,



j) contrary to section 11 (1) 4 (b). deliver a copy of the final)

decision within the time limit,



k) contrary to section 11 (1) 4 (b). (b) fails to notify the intention to start of implementation)

within the prescribed period,



l) contrary to section 11 (1) 5 notify within the prescribed usage patterns change

the time limit, or



m) contrary to section 11 (1) 6 to notify and submits the change in the person of the statutory

to pay dues within the prescribed period.



(2) a legal entity or individual entrepreneur, as the owner of

or any other person who is entitled to the agricultural land use, committed by

the administrative offense by



and permanent grassland changes) on arable land, without the consent pursuant to section 2,



b) contrary to section 3 (2). 4 not used or is not maintaining agricultural land in

accordance with the characteristics of a kind land



c) contrary to section 3 (2). 5 uses the farmland I and II. class

protection as a plantation tree species,



d) contrary to section 3 (2). 6 does not remove the stumps or does not

reclamation,



e) contrary to section 3 (2). 6 does not change the way the use of agricultural land, or



(f) notify the planting or harvesting) tree species according to § 3 (2). 7.



(3) an administrative offense shall be fined in the



and $ 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). and)

c), (e)), or as well),



(b)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)) or

h) or paragraph 2 (b). c), (d)) or (e)), or



c) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). d), (f)),

g), (j)), k), (l)), or m) or paragraph 2 (b). and), b) or (f)).



section 20b



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

legal obligations.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the circumstances in which it was committed, the time

the duration of the infringement, the manner of its perpetration, its consequences, and to

timeliness and effective co-operation in dealing with the aftermath.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 1 year from the date on which it

learned, but not later than 5 years from the day when it was committed.



(4) The liability for the acts, which took place in the business

person or in direct connection with him, subject to the provisions of the law on

liability and sanctions legal persons.



(5) a fine imposed on municipal authority municipality with extended powers are from the

50% of the income of the municipality in whose territorial jurisdiction the administrative offence was committed,

and 50% of the income of the State Environmental Fund of the Czech Republic;

the fine imposed on inspection are receiving the State Environmental Fund

The United States ".



PART X



PROVISIONS COMMON, TRANSITIONAL AND FINAL



section 21



(1) consent to the withdrawal of agricultural land from the agricultural land resources


under section 9 of the decision issued in the administrative procedure, if required

the intent of the permit under another law, the mandatory part of the

would otherwise become, consent or if he does not permit this form of decision.

Party to the proceedings is concerned, the applicant and the owner of the only agricultural land,

If the applicant is not.



(2) is replaced by the regulatory plan zoning, any positive

opinion referred to in § 5 para. 2 a regulatory plan must meet

elements of consent to withdrawal of agricultural land from the agricultural land

Fund pursuant to § 9 para. 8; in this case, paragraph 1 shall not apply.



section 22



(1) the Ministry of the environment shall issue a decree



and inappropriate for a change) of land of permanent grassland to cropland from

in terms of their physical or biological properties and their

erozního threats (section 2),



(b) the value of the contents of) preventive risk elements, and hazardous substances, and

indicator values of the contents of the risk elements and hazardous substances in the

agricultural land and their relationship to the requirements of the health

food or feed, a direct threat to the health of humans or of animals at the

contact the agricultural land used and the production function of agricultural land (§

3),



(c) the procedures for detection and) reviews the contents of the risk elements and

hazardous substances in agricultural land (§ 3),



(d)) method of evaluation erozního agricultural land, risk tolerance

erozního threat to farmland and the measures to reduce it,



e) procedures for the transfer of data in the register of information on the quality

agricultural land assessment information, details about managing

registration of information on the quality of agricultural land and of the data sent and

in the register kept by the withdrawal of agricultural land (section 3b),



(f)) how to evaluate the consequences of the proposed solution to the anticipated

agricultural soil Fund (§ 5 para. 1) and the method of assessing spatial

planning documentation, including the framework content opinion (§ 5 para. 2),



g) procedures to ensure the protection of agricultural land resources in

the processing and consideration of proposals on the establishment of mining areas

determination of the content and the method of evaluation of the anticipated consequences of the

the proposed solution on the agricultural soil Fund, including data needed

for evaluation (section 6),



h) procedures to ensure the protection of agricultural land resources in construction,

mining and industrial activities, landscaping and in the geological and

hydrogeologickém survey by determining the content and method of evaluation

the implied consequences of the proposed solution to the agricultural land,

including the data needed for the evaluation (sections 8 and 9), and



I) way of implementing land reclamation, Recultivation and plan content

documents for the change of the title of protection of nature reclaiming (sections 9 and 10).



(2) the Ministry of the environment shall issue a decree of protection class.



Article 23 of the



(1) the decision of the authorities to the protection of agricultural land resources issued pursuant to

Act No. 53/1966 Coll., as amended by Act No. 75/1976 SB. (section 1, paragraph 4, section

2, 3, 4, 5, § 12 para. 4, §§ 13a, 14, 15, 19, 21 and 27) before the effective date

This Act, remain in force.



(2) the obligation to remove the economic damage that was fixed in the

final decisions issued under section 13a or § 12 para. 4 or

section 14 of Act No. 53/1966 Coll., as amended by Act No. 75/1976 Coll., before

effect of this Act, be performed.



(3) in cases where the obligation to remove the economic damage, resulting from the

the establishment of buffer zones to protect the health of the tanks

surface water drinking water sources for bulk supply

the population or to protect natural medicinal resources, was established

According to present regulations by decision of the authority to protect agricultural

land resources issued before the effective date of this Act, such a duty

also fails.



(4) prior consent under section 13a or approval in accordance with § 12 para. 4

Act No. 53/1966 Coll., as amended by Act No. 75/1976 Coll., which was released

before the effective date of this Act, is replaced by consent pursuant to section 9 of this

the law. Protection of agricultural land resources authority that issued it, however,

shall specify, modifies or alters its part concerning charges of deprivation of

agricultural land agricultural production in accordance with the wording of § 11 of this

the law.



section 24



With the competencies for the Czech Republic shall be deleted:



1. Act No. 53/1966 Coll., on the protection of agricultural land resources, as amended by

Act No. 75/1976 Sb.



2. The law of the Czech National Council No. 77/1976 Coll., on the scope of the conservation authorities

agricultural land fund of the Czech Socialist Republic.



3. Regulation of the Government of the Czechoslovak Socialist Republic No. 102/1976

Coll., concerning the Elimination of economic harm Socialist agricultural

organizations.



4. Regulation of the Government of the Czechoslovak Socialist Republic No. 39/1984

Coll., on rates of contributions under the withdrawal of agricultural land agricultural production.



§ 25



The provisions of § 2 (2). 1 (b). (d)) of the Act of the Czech National Council No. 389/1991

Coll., on the State Environmental Fund of the Czech Republic, is amended

as follows:



"(d)) of soil from the contributions of agricultural land resources in the amount of 60% of the

their total volume of designated agricultural soil protection authority

Fund. ^ 5) ".



section 26



The effectiveness of the



This Act shall take effect on 1 January 2000. July 1992.



113. in r.



Pithart in r.



XIII.



The scale of contributions for the withdrawal of land from the agricultural land resources



Part And



The basic value indicators of agricultural land are based on the base price

the agricultural parcels referred to in bonitovaných soil and ecological units

set the value by Decree ^ 27).



PART (B)



Environmental factors that are negatively affected by detention

the land from the agricultural land resources and ecological balance of these influences



Group characteristics of the ecological environmental factors

factors negatively affected by withholding soil weight influence

from the agricultural land resources



And national parks-I, national nature zone 20

reservation or national nature monuments



National parks-II. zone, the protected 15

the area-zone, a nature reserve, or

natural monuments



National parks-III. zone, the protected landscape 10

the area-II. zone or the territorial systems

ecological stability



The protection of national parks, the protected 5

landscape area-III. zone or a significant

landscape features



(B) protected area of natural accumulation of 10

groundwater and surface water protection

water resources II. the degree of protection zones,

Degree of natural medicinal resources or

the protection degree of the natural resources

mineral waters



(C) the territory outside the areas specified by the applicable territorial 5

the plan or applicable regulatory plan to

buildings or for other urban features



(D) bearing Protected territory 5



PART (C)



cancelled



PART (D)



The procedure for calculating the levies for the withdrawal of land from the agricultural land resources



The processor calculations of contributions of land from the agricultural land resources

(section 9 and 11) during this activity as follows:



1. where the inclusion of land or its parts in bonitovaných soil

ecological units and its base price based on the value

^ Decree 27).



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

affected by any one of the environmental factors listed in part

(B), and in turn will determine the appropriate ecological scale of this

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

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

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

from the agricultural land resources for building



and, where applicable) for the manufacture of storage associated with this production,

being placed on the areas of production and storage designed for this purpose

principles of territorial development or issued by the applicable master plan

approved until 31 December 2004. December 2014 and



(b)) for the production or storage of related with this production,

being placed on the surfaces intended to support a balanced and dynamic

the economic development of the State, which according to the law on investment

incentives approved on a proposal of the Ministry of industry and trade of the Government.



3. Base price of agricultural land affected by withholding from the agricultural

land resources (point 1) multiplied by the organic weight affecting the relevant

the environmental factor. This is a fixed base rate charges

the withdrawal.



4. The resulting rate contributions finds so that the base rate charges

withdrawal of land from the agricultural land resources discovered under points 2 and 3

multiplied by a coefficient of protection class.



Class of protection factor

Class I 9

II. class 6

III. class 4

IV. class 3

In class 3



The total amount of contributions of land from the agricultural land

the pool is the sum of the resulting assessment rates under the individual bonitovaných

soil ecological units and their inclusion in the protection classes

represented on odnímaném land.



5. In the case of permanent withdrawal of land from the agricultural land resources, while


the charges paid in one lump sum, the amount of the actual amount is provided for

dues for the withdrawal of land from the agricultural land resources (point 4.) final.



6. When the temporary withdrawal of land from the agricultural land resources or when

the permanent withdrawal of the land for which they are being deductions paid annually,

fixed the amount of contributions for each calendar year of the duration of the deprivation of

soil as a hundredth part of the amount of the actual amount of the levies for the withdrawal of land from the

agricultural land resources on the land concerned, calculated in accordance with point 4.

In the event that the withdrawal will take place or will be terminated in the course of

the calendar year provides for payments of one twelfth of the 100th piece

the amount of the actual amount of the dues, and that for every even month.



7. If the agricultural land withdrawn from agricultural land resources for

mining purposes on land situated in the approved mining

area or on the protected territory of the ecological balance, the impact of

a group of factors (D) "Protected bearing territory" in (B) shall not apply.



PART E



Background to the collection of data necessary for the calculation of charges for withdrawal

the land from the agricultural land resources



Environmental factors that are negatively affected by detention

the land from the agricultural land holdings, for example, is found from the map and

the file documentation for the publication of national parks, protected landscape

areas, nature reserves, natural monuments, major

the landscape territorial systems of ecological stability, protected

Headwater areas, protection of water resources,

protection zones of natural medicinal resources and natural resources

mineral waters, from the spatial planning documentation of the results

Geological Survey and from other documents, where applicable, of the

the special measure.



Selected provisions of the novel



Article. In law No. 402/2010 Sb.



Transitional provisions



1. Proceedings pursuant to § 9 para. 6 of Act No. 337/1992 Coll., initiated before the date of

entry into force of this law shall be completed in accordance with the existing laws,

regulations.



2. when deciding on contributions under section 11 (1) 2 of Act No. 337/1992 Coll.

protection of agricultural land resources authority arises from the legal status of the

date of the legal force of the first decision issued by the Special

legislation.



Article. (II) Act No. 41/2015 Sb.



Transitional provisions



1. the proceedings initiated pursuant to Act No. 337/1992 Coll., in the version in force prior to the

the effective date of this Act, and to this day has been finally

the unfinished, shall be completed pursuant to Act No. 337/1992 Coll., as amended effective

before the date of entry into force of this Act, unless it is stipulated

otherwise.



2. the provisions of section 3 (2). 5 of law no 337/1992 Coll., in the version in force from

the effective date of this Act, shall not apply to plantation tree species

based on agricultural land, i. and II. class of protection before the date of the acquisition of

the effectiveness of this law, and by the day of the harvest of these species, and

výmladkové plantation tree species, until the date of their last growing cycle.



3. The owner or any other person who is entitled to use agricultural

the land on which the plantation tree species established before the date of entry into force of

of this Act, shall notify the date of planting tree species of plantation protection authority

agricultural land resources referred to in article 15 of Act No. 337/1992 Coll., on

the version in force from the date of entry into force of this Act, and within 6 months

from the date of entry into force of this Act. Failure to comply with this obligation

proceed in accordance with § 3 (1). 7 the second sentence Act No. 337/1992 Coll., on

the version in force from the date of entry into force of this Act.



4. where is the basis for deciding on the withdrawal of farm land from the

agricultural land resources planning documentation, for which

was given an opinion pursuant to section 5 of Act No. 337/1992 Coll., as amended effective

before the date of entry into force of this Act, the provisions of section 4 of Act No.

337/1992 Coll., in the version in force before the date of entry into force of this

the law.



5. the provisions of section 10, paragraph 1. 4 of Act No. 337/1992 Coll., in the version in force from

the effective date of this Act, shall not apply to the consent to the withdrawal

agricultural land from the agricultural land resources issued pursuant to section 9 of the Act

No 334/1992 Coll., in the version in force before the date of entry into force of this

the law.



6. Charges for withdrawal of agricultural land from the agricultural land resources are

does not specify if this is by design, for which he charges not laid under

Act No. 337/1992 Coll., in the version in force before the date of entry into force of

This law, and consent to the withdrawal of agricultural land from the agricultural

land resources was issued before the date of entry into force of this Act.



7. If the implementation of the project, for which the consent has been granted a detention

agricultural land from the agricultural land holdings, commenced before the date of

entry into force of this Act, and unless a decision on

contributions for this withdrawal, required for the payment of dues shall notify the implementation

in writing within 6 months from the effective date of this Act. Failure to comply with this

the obligation to proceed under section 20 (2). 1 (b). k) or under section 20a

paragraph. 1 (b). k) Act No. 337/1992 Coll., in the version in force from the date of

entry into force of this Act.



8. the provisions of section 11a. 3 of Act No. 337/1992 Coll., as amended effective

from the date of entry into force of this Act, shall not apply if consent to the

withdrawal of agricultural land from the agricultural land holdings on the intention of the

not subject to the payment of dues is issued pursuant to section 9 of Act No. 337/1992 Coll., on

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



9. Derogation from the use of the ecological scales of influence under part (D) of point 2 (a).

(b)) of the annex to law No. 337/1992 Coll., in the version in force from the date of acquisition

the effectiveness of this law, for the construction for the production or storage of

related to this production, being placed on the surfaces intended to support

balanced and dynamic economic development of the State, which, according to

Act on investment incentives approved on a proposal from the Ministry of

industry and trade of the Government, shall be applied to those areas that the Government

approves of the effective date of this Act.



10. For infringements that occurred before the date of entry into force of

of this Act and which meets the characters of the infringement also

Act No. 337/1992 Coll., in the version in force from the date of entry into force of

This law, can impose a fine pursuant to Act No. 337/1992 Coll., as amended by

effective before the date of entry into force of this Act, unless the imposition of

the fine, pursuant to Act No. 337/1992 Coll., in the version in force from the date of acquisition

the effectiveness of this law, more favourable for the offender.



11. the administrative proceedings initiated subdivision prior to the date of acquisition

the effectiveness of this Act and before that date finally completes the unfinished

the locally competent municipal office municipality with extended competence.



12. time limits for the issuance of the administrative decision, the authority referred to in point 11

extend by 30 days.



13. enforcement launched by subdivision or performance

the decision issued by the subdivision that will start

up to the date of entry into force of this law, performs with the local authority of

extended powers.



14. Charge of the municipal authorities and the municipal authorities of municipalities with extended powers

the filing for legal separation shall be carried out according to the law governing archives and

file service within 30 days from the date of entry into force of this Act.



5) section 4 of Decree No. 83/1976 Coll., on general technical requirements for

the construction, as amended by Decree No. 45/1979 Sb.



6) Act No. 183/2006 Coll., on zoning and the building code

(the building Act).



7) § 149 paragraph. 1 Act No. 500/2004 Coll., the administrative code.



8) Act No. 167/2008 Coll. on prevention of environmental harm and

correcting and amending certain laws.



10) Act No. 13/1997 Coll. on road traffic, as amended

regulations.



11) Act No. 266/1994 Coll., on rail, as amended.



12) Act No. 118/1995 Coll. on inland navigation, as amended

regulations.



18) Act No. 256/2013 Coll., on the real estate cadastre (Land Registry Act).



Decree No. 357/2013 Coll., on the real estate cadastre (land registry

the Decree).



21) Act No. 455/1991 Coll., on trades (trade licensing

the law).



23) section 78 of the Act No. 114/1992 Coll.



27) Annex No. 22 Decree No. 3/2008 Coll., to implement some

the provisions of Act No. 151/1997 Coll., on the valuation of assets and amending

certain acts, as amended (the valuation Ordinance), in

amended by Decree No. 457/2008 Sb.



28), for example, Act No. 157/1998 Coll., on fertilisers, supporting soil

substances, preparations and auxiliary plant substrates and

agrochemical testing of agricultural soil (fertilizers Act), as amended by

amended, law no 326/2004 Coll., on phytosanitary care and

changes to some related laws, as amended, code of

R10 Annex No. 3 of Act No. 185/2001 Coll., on waste and amending certain

other laws.



29) Law No 159/2009 Coll., as amended.



Decree No. 257/2009 Coll., on the application of sediment on agricultural land.




30) Act No. 167/2008 Coll. on prevention of environmental harm and

correcting and amending certain laws, as amended.



31) § 24 para. 2 of Act No. 44/1988 Coll., on the protection and utilization of mineral resource

wealth (the top Act), as amended.



for example, 32) Law No. 183/2006 Coll. on territorial planning and building

Code (the building Act), as subsequently amended, Act No. 13/1997

Coll. on road traffic, as amended, law No.

266/1994 Coll., on rail, as amended, law No.

254/2001 Coll. on waters and on amendments to certain acts (the Water Act), in

as amended, Act No. 44/1988 Coll., on the protection and use of

mineral wealth (the top Act), as amended.



33) § 2 (2). 1 (b). k) points 1 and 2 of the building Act.



34) section 9 of Decree No. 177/1995 Coll. issuing the construction and technical

order of the railways, as amended.



35) § 9 para. 1 of Act No. 13/1997 Coll., on the road,

amended by Act No. 132/2000 Sb.



36) Act No. 222/1999 Coll., on ensuring the defence of the Czech Republic, in the

as amended.



37) for example, § 55 para. 1 of the building Act.