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.