On The Protection Of The Species And The Authorisation Of Their Cutting Down

Original Language Title: o ochraně dřevin a povolování jejich kácení

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80155&nr=189~2F2013~20Sb.&ft=txt

Sb 189/2013.



The DECREE



of 27 June. June 2013



on the protection of the species and the authorisation of their cutting down



Change: 222/2014 Sb.



The Ministry of the environment shall establish in accordance with § 79 paragraph. 4 (b). (d)) and

for the implementation of § 8 paragraph. 3 and 5 of Act No 114/1992 Coll., on the protection of nature and the

landscape, as amended by Act No. 349/2009 Coll. (hereinafter the "Act"):



PART THE FIRST



THE PROTECTION OF THE SPECIES AND THE AUTHORISATION OF THEIR CUTTING DOWN



§ 1



Definition of terms



For the purposes of this Ordinance means



and forest tree species involved) file, in which the above-ground part of the

tree species one floor touch each other, overlap, interpenetrate or with

the exception of the species that make up the alley, if the circumference of the stem of each

tree species measured in a height of 130 cm above the ground shall not exceed 80 cm; If

some of the tree species in the file exceeds the specified size, always

as a single species,



(b) the social functions of trees) file features affecting woody species

the human environment, such as the reduction of dust emissions, noise

or improving the microclimate; among the common features include also features

aesthetic, including tree species on the landscape character and the character of an urbanized

environment,



(c)) of a series of at least 10 trees trees with regular

spacing; If is missing in one section of a continuous series of at least 10

trees a tree, this section is considered part of the alley;

for the alleys are not trees growing in orchards, nurseries

and plantations of trees ^ 3).



§ 2



Illegal interference in the Woods



(1) Illicit interventions into the trees that are in conflict with the requirements of the

their protection, means raising the injury or destruction of interventions

tree species that will cause a substantial or permanent reduction of its environmental

or social functions or immediately or subsequently causes them

necrosis.



(2) the unlawfulness of the action referred to in paragraph 1 shall not, if it is implemented

for the purpose of maintaining or improving some of the functions of trees, in the framework of the

the care of specially protected species of the plant or animal, or if the

carried out in accordance with the plan of care for the specially protected territories.



§ 3



The size and characteristics of the species, which do not need to enable logging



Authorization to the felling of trees, provided that these are not part of the

a significant landscape element [section 3, paragraph 1 (b)) of the Act] or

Alley, under § 8 paragraph. 3 of the Act does not require the



and trees on the perimeter) tribe in the 80 cm measured at a height of 130 cm above the

countries,



(b)) for the involved species stands, if the total area kácených

stands of trees involved does not exceed 40 m2,



(c)) for trees grown on land kept in the land registry

in the way of recovery as a plantation tree species ^ 3),



(d)) for fruit trees growing on land in a built-up area

registered in the land registry as a kind of garden, built-up land

area and courtyard or other uses of the land area of greenery.



§ 4



Requirements for an application for authorisation to the felling of trees and the notification of

cutting down trees



(1) an application for authorization to the felling of trees (§ 8 paragraph 1 of the law) shall in addition to the

General requirements for filing pursuant to the administrative code include:



and the designation and cadastral territory) parcel, on which species is located,

a brief description of the location of the tree species and the situational plot,



(b) proof of ownership or) rented or user relationship

the applicant to the competent land, cannot be verified in the cadastre

real estate, including the written consent of the owner of the property with the cutting,

If the applicant is not the owner of the land,



(c)), that specification to be felled, in particular species, where appropriate,

the genera of woody plants, their number and the circumference of the trunk at a height of 130 cm above the ground; for

cutting down trees instead of crops involved number of species can be kácených

indicate the assessment areas kácené, stating the type, or a generic

the representation of wood and



(d)) support the request.



(2) notification of the felling of trees (§ 8 paragraph 2 and paragraph 4 of the law) shall in addition to the

General requirements for filing pursuant to the administrative code include:



and the designation and cadastral territory) parcel, on which species is located,

a brief description of the location of the tree species and the situational plot,



(b) proof of ownership), or rental or the user relationship

the notifier to the competent land, cannot be verified in the cadastre

real estate, including the consent of the owner of the land with, if not

by the applicant, the owner of the land, with the exception of the procedure under section 8 (2). 4 of the law

and with the exception of cutting down trees in the maintenance of riparian stands, carried out at the

managing waterways ^ 4) and in the removal of tree species in the protection zone

facilities electricity and gas system conducted by the operation

These systems ^ 5),



(c)), that specification to be felled or were felled,

in particular, the species or genera of woody plants, their number and the circumference of the trunk in the

height of 130 cm above the ground; for the cutting down of trees instead of crops involved can

the number of kácených species include the assessment of kácené area, indicating the type,

where appropriate, representation of the family tree,



(d)) justification the notification and



(e) in the case of felling of trees), pursuant to section 8 (2). 4 the law proof

the facts showing that the conditions were met for this

the procedure.



(3) notice of the felling of trees (§ 8 paragraph 4 of the law), which was made

the components of the integrated rescue system of the decision of the Commander of the intervention

in rescue work or winding-up, or when the protection of the

the population contains the indication of the place where the trees were

(cadastral parcel number or address) and their quantity and

species or genus.



§ 5



The period in which the cutting down of trees usually performs



Felling trees is done usually in the period of their dormancy.

Dormancy period means the period of natural attenuation

the physiological and ecological function of tree species.



PART THE SECOND



Amendment of the Decree, which implements certain provisions of the Act on the protection of

nature and landscape



§ 6



In the Decree No. 395/1992 Coll., which implements certain provisions of

the Czech National Council Act No. 114/1992 Coll., on nature and landscape protection,

as amended by Decree No. 105/1997 Coll., Decree No. 220/1999 Coll., Decree

No 85/2000 Coll., Decree No 190/2000 Coll., Decree No. 116/2004 Coll.

Decree No. 381/2004 Coll., Decree No. 573/2004 Coll., Decree No.

574/2004 Coll., Decree No. 452/2005 Coll., Decree No. 175/2006 Coll.

Decree No. 425/2006 Coll., Decree No. 96/2007 Coll., Decree No 141/2007

Coll., Decree No 267/2007 Coll., Decree No. 60/2008 Coll., Decree No.

75/2008 Coll., Decree No. 30/2009 Coll., Decree No. 262/2009 Sb.

Decree No. 189/2010 Coll., Decree No. 17/2011 Coll. and Decree No.

393/2012 Coll., section 8 is repealed.



PART THE THIRD



The EFFECTIVENESS of the



section 7 of the



This Decree shall take effect on the date of 15. July 2013.



Minister:



Mgr. Cottage in r.



3) annex to Decree No. 26/2007 Coll., implementing Act No. 265/1992

Coll. on the registrations of ownership and other rights in rem in immovable property, in

as amended, and Act No. 344/1992 Coll., on the land

Czech Republic real estate (Land Registry Act), as amended

Regulations (land registry Ordinance).



4) § 47 odst. 2 (a). (b)) of Act No. 254/2001 Coll. on waters and amending

Some laws (the Water Act), as amended by Act No 150/2010 Sb.



section 24, paragraph 5). 3 (b). (g)), section 25, paragraph. 3 (b). (g)), § 58 paragraph. 1 (a). (f))

and section 59 paragraph. 1 (a). (g)) of Act No. 458/2000 Coll., on conditions for business

and on the performance of State administration in energy sectors and amending certain

laws (Energy Act), as amended.