276/2003 Coll.
LAW
of 6 May 1999. August 2003
about Antarctica and on amendments to certain laws
Change: 124/2008 Sb.
Change: 41/2009 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The purpose and object of the Act
(1) the purpose of this Act is to ensure compliance with international obligations
The United Kingdom relating to the Antarctic, in particular to ensure the all-round
environmental protection of Antarctica as a natural reserve
devoted to peace and science in accordance with the Treaty on Antarctica ^ 1) (hereinafter referred to as
The "Treaty") and the Protocol on environmental protection to the Treaty ^ 2)
(hereinafter referred to as "the Protocol").
(2) this Act regulates the
and the rights and obligations of State) of the citizens of the United States, ^ 3) legal
people with offices located on the territory of the Czech Republic and stateless persons,
that have a permanent residence in the territory of the Czech Republic, if involved
activities in Antarctica,
(b) the rights and obligations of foreigners), ^ 4) who do not belong to the category of persons
referred to in article VIII. the Treaty, if involved in
Antarctica, which is organized in the Czech Republic or the place of
the final departure is in the Czech Republic,
c) related exercise of State administration.
§ 2
Definition of basic terms
For the purposes of this Act, means the
and the Antarctic area to the South) from 60. the parallel of South latitude, including the
floating glaciers,
(b)) the environment of Antarctica everything creates natural conditions
the existence of organisms, including humans, in Antarctica and is a prerequisite for
their further development. Its ingredients are, in particular, the air, the water in the
all physical States, rocks, soil, organisms, energy and ecosystems ^ 5)
including the dependent and associated ecosystems,
(c) protected the Antarctic Territory) in particular, the area of Antarctica, which was
marked as such in accordance with the Protocol,
(d) the historical place or monument) a place or object that were
registered in accordance with the Protocol,
e) harmful liquid substance harmful liquid substance as defined in the
Annex II to the Convention on the prevention of pollution from ships, ^ 6)
f) oil oil raw material occurring in nature,
g) fresh water system flowing and stagnant fresh water.
PART TWO
THE PRINCIPLES OF PROTECTION AND EXPLOITATION OF ANTARCTICA
§ 3
The basic principles of the protection of Antarctica
(1) a person referred to in section 1 (1). 2 (a). a) and b) (hereinafter referred to as "the Czech people")
are required to behave in accordance with the Treaty, the Protocol, and with other
international obligations relating to the Antarctic, which is
Republic.
(2) persons wishing to participate in the activities in the Antarctic, the
is to plan and implement so as to be at the lowest possible rate limited
adverse effects on the environment of Antarctica.
(3) it is prohibited to harm the environment of Antarctica over peace
established by the Protocol, and this Act.
(4) it shall be prohibited to endanger, damage, or destroy historic sites or
monuments in Antarctica.
§ 4
Antarctica can be used only for peaceful purposes. ^ 7)
§ 5
Activities relating to mineral resources in Antarctica
(1) prohibited to prospecting, exploration and mining of mineral resources in the
With the exception of the Antarctic scientific research of mineral resources ^ 8)
carried out on the basis of an authorisation pursuant to this Act. ^ 9)
(2) it is further prohibited the collection of minerals and fossils of the findings and their
exports with the exception of their collection and exports carried out in the framework of scientific
Research of mineral resources permitted by this Act.
PART THREE
THE CONDITIONS FOR THE IMPLEMENTATION OF ACTIVITIES IN THE ANTARCTIC
The announcement of
§ 6
(1) persons may carry out activities in Antarctica after their
the previous notification, unless otherwise provided by this Act, it is necessary to permit (§
8).
(2) the Notification referred to in paragraph 1 is not required for the navigation maritime
vessels and pleasure yachts ^ 10) for the purpose of crossing the Antarctic and for
the aircraft flew over Antarctica.
§ 7
(1) the activities in Antarctica shall be reported to the Ministry of the environment
(hereinafter referred to as "the Ministry") no later than 60 days before the date of the planned
entry to the Antarctic.
(2) the activities in Antarctica--heralded Czech person will perform.
Activities in Antarctica might report and several of the Czech people, if
activities in Antarctica will be carried out jointly (hereinafter "the joint
report "); in this case, choose a common representative for
delivery.
(3) the report shall bear the
a) for natural persons name, surname, date of birth, nationality
and the place of permanent residence or a place for foreign natural persons
residence,
b) for legal persons name and legal form, address, identification number
person, if allocated, and identifying information (a)) in
natural persons who carry out activities in Antarctica will be on behalf of the
legal persons,
c) in the case of a joint application in addition to the requirements referred to in letters a and b))
also a list of people that will undertake activities in Antarctica together,
(d) a description of the activities) will be carried out by the Czech people in Antarctica,
e) mark the places where the activities will be carried out in the Antarctic, and places
for the service of documents,
(f) the period of the intended stay) the definition and implementation of activities in the
Antarctica.
(4) the Declaration must be accompanied by an
and the Joint Declaration), in case a written power of attorney or Attorney
declared in the log about the mandate to represent, ^ 11) b) permission
or the enabling activities under special legislation. ^ 12)
(5) if the Court finds that the Ministry's announcement does not meet the conditions laid down
This Act or that the ohlašovaná activity requires authorization under section 8
paragraph. 1, without undue delay, notify the notifier accordingly. In
warning indicating the shortcomings in the report found.
(6) if the Department finds that the report complies with the conditions laid down
This Act shall issue about it within 15 days from notification of the confirmation to the reporter.
In confirmation of the announcement (the "confirmation") the Ministry in accordance with the
announcement shall state the
and) identification of natural persons referred to in paragraph 3 (b). and) or
legal persons referred to in paragraph 3 (b). (b)), which will carry out the activity
in Antarctica,
(b)) description of activities that will be carried out in Antarctica,
(c)) the designation of places where the activities will be carried out in Antarctica,
(d) the period of the intended stay) and the implementation of activities in the Antarctic.
(7) the certificate issued by the Ministry in the Czech language and at the same time ensures
its official translation into the language of the English or in the language
French. ^ 13)
(8) persons are required to have with you during your stay in Antarctica, a copy of the
the relevant certificates issued by the Ministry and their official translations.
(9) Furthermore, Czech persons are obliged to submit to the Ministry within 30 days from the
their activities in Antarctica, a final report on during your stay in the
Antarctica.
§ 8
Enable
(1) the Czech people must have
and) to stay in Antarctica for more than 30 days, or in a group of more than
five people,
(b)) to carry out scientific research in the Antarctic,
(c)) to subscribe to the minerals or fossils in Antarctica and their
exports within the framework of scientific research of mineral resources of Antarctica
(d)) for the construction, reconstruction or removal of the Czech station and other
objects and installations in Antarctica,
e) admission to specially protected Antarctic Territory,
f) to interfere with the Habitat of the indigenous populations or geographically
flora and fauna in Antarctica,
g) to subscribe to specially protected Antarctic species of plants and animals,
(h)) to import geographically alien species of plants, animals and
micro-organisms to Antarctica
I) to import pesticides, polychlorinated biphenyls (PCBs), polystyrene
balls or chips, non-sterile soil and other substances or products
dangerous to the environment of Antarctica and laid down in the implementing
legislation to Antarctica.
(2) the authorization referred to in this law shall have the further South, the person who
organizes tourist trips to Antarctica.
(3) the authorisation referred to in paragraph 1 (b). a) and in paragraph 2 to be issued
the Ministry, after consultation with the Ministry of Foreign Affairs. Enable
the activities referred to in paragraph 1 (b). (b)) to (i)) is issued by the Ministry of. In
the procedure for the issue of permits, the Ministry is based on the fundamental principles of the
environmental protection of Antarctica laid down in article 3
Protocol.
(4) the authorisation referred to in paragraphs 1 and 2 shall not be required for the activities referred to in
paragraphs 1 and 2, which have already been United allowed one of the other person
Contracting Party to the agreement or Protocol.
(5) the Ministry shall not issue the authorisation, if
and the person has not fulfilled conditions) Czech established by this Act, or
(b) the planned Czech person) activities would be contrary to the fundamental
the principles of environmental protection of Antarctica laid down in article 3
The Protocol, or
(c)) the Czech person applying for the issue of permits, seriously
infringed the obligations or prohibitions established by this Act, or
decisions made on the basis of the period of the last 10 years before the
the date of submission of the application.
(6) the Ministry shall decide on the request within a period of 60 days.
§ 9
Application for authorisation
(1) an application for a permit under section 8 (2). 1 (hereinafter referred to as "the application")
Czech person will undertake activities in Antarctica. The application may
submit a few of Czech people, which will be carried out jointly by the activity in
(Hereinafter referred to as the "common application"); in this case, choose
a common agent for service.
(2) the request shall contain the
a) for natural persons name, surname, date of birth, nationality
and the place of permanent residence or a place for foreign natural persons
residence,
(b) for legal persons) and legal form, name, registered office, registration number
person, if allocated, and identifying information (a)) in
natural persons who carry out activities in Antarctica will be on behalf of the
legal persons,
c) in the case of a joint application in addition to the requirements referred to in letters a and b))
also a list of people that will undertake activities in Antarctica together,
(d) a description of the activities) will be carried out by the Czech people in Antarctica,
e) mark the places where the activities will be carried out in the Antarctic, and places
for the service of documents,
(f) designation of Antarctic specially protected) territory in the event of a request for
authorization under section 8 (2). 1 (b). (e)),
(g) the period of the intended stay) the definition and implementation of activities in the
Antarctica.
(3) the request shall be accompanied by
and) listing from commercial or other register, when the applicant is
legal person that writes to a business or another register,
(b)), pursuant to section 14 of the written conclusion paragraph. 5, the opinion to the starting
evaluation of the effects under section 15 or the opinion of diverse assessment
effects pursuant to section 16,
c) proof of payment of an administrative fee,
(d)) the proof of conclusion of the insurance contract or proof of creation
sufficient financial reserves to guarantee the reimbursement of the costs of any
rescue operations in the Antarctic or the damage to the
the Antarctic environment,
e) in the case of a joint application by a written power of attorney or Attorney
declared in the log about the mandate to represent, ^ 11)
(f)) or by enabling the activities according to the specific legal
legislation. ^ 12)
§ 10
The particulars of the authorisation
(1) the Ministry shall indicate in the permit the
and) identification of natural persons according to § 9 para. 2 (a). and) or
legal person in accordance with § 9 para. 2 (a). (b)), which will carry out the activity
in Antarctica,
(b) the conditions for the implementation of activities),
(c) the period of validity of the permit).
(2) a permit issued on the basis of the initial assessment
environmental effects (section 15) or comprehensive assessment of the environmental effects (section 16), Ministry of
lays down the obligation to monitor and verify the effects of planned activities on the
the environment of Antarctica and the obligation to submit within 30 days from the date of
their activities in Antarctica, the final report on the progress of the monitoring and
verification of these influences.
(3) a permit issued by the Ministry in the Czech language and at the same time ensures
its official translation into the language of the English or in the language
French. ^ 13)
(4) persons are required to have with you during your stay in Antarctica, a copy of the
the relevant authorizations issued by the Ministry and the official translation.
§ 11
(1) the Ministry may, at the request of the Czech people, the final
permission to modify or cancel. The initiative of the Ministry
the final authorisation to change or withdraw only under the conditions laid down
the administrative regulations. Authorisation period can be extended by not more than one
year.
(2) the Ministry on its own initiative may prohibit the declared activities
carried out in the Antarctic, which results or is likely to lead to effects on
the environment of Antarctica, which are incompatible with the principles of
laid down in article 3 of the Protocol. The persons to whom it was announced
decision on the prohibition of the activities these activities are obliged to immediately
leave a.
(3) any person who has been notified of the decision on the revocation of the authorisation to
stay in Antarctica, are obliged to leave the territory of Antarctica, immediately
as soon as practicable. The Czech people was announced
the decision on the cancellation of authorizations pursuant to section 8 (2). 1 and § 8 para.
2, such activities are required to leave immediately.
(4) the authorisation shall expire
and death or declaration) for dead individuals, released
the authorization,
(b) dissolution of a legal person) the date on which authorisation was granted,
(c)) date of expiry of the period for which it was granted.
§ 12
(1) the Ministry shall inform the Ministry of Foreign Affairs about the entitlements allocated
According to § 6 paragraph 1. 1 and authorisations pursuant to § 8 para. 1 it adopted or
issued, within 30 days of their adoption or release.
(2) Notification according to § 6 paragraph 1. 1 and an authorisation pursuant to § 8 paragraph. 1 do not replace
authorisation or permission to the activities required by a specific legislative
legislation. ^ 12)
PART FOUR
ASSESSMENT OF THE EFFECTS ON THE ENVIRONMENT OF ANTARCTICA
section 13 of the
The subject of the environmental assessment
The subject of environmental impact assessment in Antarctica are
all planned activities in Antarctica, including changes in these
activities for which the permit is required under section 8 (2). 1.
§ 14
Notification and investigation
(1) the Czech person (hereinafter referred to as "the notifier") is required to submit
the Ministry notice of intended activities in Antarctica. Notification
It always contains the identification of the Czech people to participate in
activities in Antarctica, and a description of the proposed activity, including its purpose,
the location, duration, and intensity. The Czech people who will carry out the
activities in Antarctica together may submit a joint notification; in this
If you can choose a common representative for service.
(2) the notification shall be submitted in writing and on a technical medium, or
electronic mail ("email"). Detailed legal
the regulation may lay down additional requirements of the notification.
(3) the Ministry shall be based on the investigation, notification when
which provides for the possible influence of preliminary activities or changes in activity on the
the environment of Antarctica (hereinafter referred to as "discovery procedure").
(4) the Ministry within five working days from the date of receipt of the notification
shall publish the notice in a manner allowing remote access. The concerned
administrative offices may submit their written observations to the Ministry
notification within 15 days from the date of publication of the notice. In this period of time to be able to
notification of each comment.
(5) the Ministry shall issue the notifier within 30 days from the date of receipt of the notification
a written conclusion of the fact-finding procedure, and at the same time publish a written conclusion
the discovery of the proceedings in a manner allowing remote access.
(6) if the conclusion of the fact-finding procedure implies that the activity or change
activities will have less than a minor or transitory impact on the
environment of Antarctica, that conclusion at the same time professional basis for the
the issue of permits under section 8.
§ 15
The initial evaluation of the effects of
(1) where, on the conclusion of the fact-finding procedure implies that the activity or change
the activity will have a minor or transitory impact on the environment
Antarctica, the Ministry at the end of the fact-finding procedure also provides for the
the scope and content of the documentation for the initial evaluation of the effects on the
the Antarctic environment (hereinafter referred to as the "initial evaluation of the effects of") with a view
the nature of the activity or activities and changes the State of the environment
Antarctica, which may be performing activities or changes of activity
affected. Documentation for the initial evaluation of the effects always contains
a description of the proposed activity, including its purpose, location, duration and
the intensity and the assessment of alternatives to the proposed activity and all the effects that
can the activity be, including the assessment of cumulative effects with respect to
ongoing and known planned activities.
(2) the notifier shall ensure that processing of documentation for the initial
evaluation of the effects that you must submit to the Ministry in written and
electronic form. Documentation for the initial evaluation of the effects of
processes the person who is the holder of the authorization, according to a special legal
prescription. ^ 14) Documentation for the initial evaluation of the effects of the Ministry of
publish the manner allowing remote access and at the same time it shall within 10
working days from the date on which it was delivered, the administrative authorities concerned,
and the relevant international organizations and asks them to submit their observations within 30 days
from the delivery of the documentation for the initial evaluation of the effects. In that period,
can anyone comment on the documentation.
(3) If the Ministry considers that the documentation for the initial
EIA does not contain the prescribed particulars, return it within 10 days
from the receipt of the notifier to supplement or to rework along with
specifying the required formalities or additional requests from it's
details.
(4) the notifier shall provide to the Department of documents at their own expense,
that were used for the processing of documentation for initial evaluation
the effects, and within five working days from the date of their request.
(5) the Ministry shall issue an opinion on the initial evaluation of the effects within 30
days from the date of expiry of the period for expression of the concerned government departments and
the competent international organisations referred to in paragraph 2. The Ministry of
can ensure the processing of the documents for the opinion on the initial
evaluation of the effects of a person who is the holder of the authorization referred to in
special legislation. ^ 14)
(6) the Ministry shall forward the opinion to the initial evaluation of the effects of the
five working days from the date of issue of the notifier and the
administrative authorities and at the same time it shall publish in a way allowing remote
access.
(7) opinion on the initial EIA is a basis
for the issue of a permit under section 8. The opinion shall be presented by the notifier as
one of the bases for a follow-up procedure for issuing a permit under section 8.
The validity of opinions is one year from the date of its issue. The validity of the
opinion at the request of the notifier may be extended by one year, and
even repeatedly, if there were no substantial changes in the implementation of activities and the
conditions in Antarctica, to obtain new knowledge related to the material
the content of the documentation for the initial evaluation of the effects or to develop
new approaches, processes and technologies related to the activities.
(8) the implementing legislation may lay down additional requirements
documentation and formalities of the opinion for the initial evaluation of the effects.
section 16 of the
Versatile evaluation of environmental effects
(1) where, on the conclusion of the fact-finding procedure implies that the activity or change
activities will have more than a minor or transitory impact on the
environment of Antarctica, the Ministry at the end of the fact-finding procedure at the same time
the scope and content of the documents to the environmental impact assessment
the environment of Antarctica (hereinafter referred to as "versatile assessment of environmental impact") with the
given the nature of the activity, or changes to the activities and status of the
environment of Antarctica, which may be performing activities or changes to
the activities affected.
(2) the notifier shall ensure that processing of documentation for an all-in-one
assessment of the effects that you must submit to the Ministry in written and
electronic form. An all-in-one documentation evaluation of environmental effects
contains details of at least the extent pursuant to § 15 para. 1 the last sentence.
(3) the Ministry within five working days from the date of receipt of documentation
the general assessment of the effects of this documentation shall be published in the manner
allowing remote access and send it within 10 days of its delivery to the
the administrative authorities concerned and other parties to the Protocol,
requests for observations within 90 days from the date of its delivery. Within this period, the
can anyone comment on the documentation.
(4) the Ministry shall send the documentation to the Committee on environmental protection
the Antarctic environment (hereinafter referred to as "the Committee"), at least 120 days prior to the
the start of the consultative meeting of the parties to the contract (hereinafter referred to as
"Consultative Assembly").
(5) If the Ministry considers that the dossier to
evaluation of environmental impact does not set out the elements, it returns
the notifier to supplement or processing together with specification
the required formalities or shall request additional information from him.
(6) following the observations of the Consultative Assembly, the Ministry of
ensure that the processing of an opinion on the effects of the activity, or changes of activity on the
the environment of Antarctica (hereinafter referred to as "testimonial") by a person who is
holder of authorization by a special legal regulation ^ 14) (hereinafter referred to as
"the opinion"), and delivers to him and all the documentation received by the
the observations. The one who was involved in the processing of documentation, cannot even
participate in the part of the report.
(7) the report Processor processes the opinion on the basis of the documentation,
where appropriate, the notice and all representations to them. The time for processing the report
must not be longer than 60 days from the date on which the dossier was all-around
evaluation of the effects of including all the observations received to the processor report
delivered.
(8) the notifier shall provide at his own expense to processors report
documents that have been used for the processing of documentation for an all-in-one
evaluation of the effects, and within five working days of the date on which it received the
the request from the processor.
(9) the Ministry shall forward the opinion within five working days from the date of its
receipt of the notifier and the administrative authorities and at the same time it shall publish
manner allowing remote access.
(10) the Ministry shall issue an opinion on the General appreciation of the effects within 30
days from the date of receipt of the opinion. Opinion on the General appreciation of the
the environmental impact is a basis for issue of the permit referred to in section 8. The opinion of the
the notifier shall be presented as one of the bases for the follow-up proceeding on
the issue of permits under section 8. The validity of opinions is one year from the date of
its release. The validity of the opinion may be at the request of the notifier
extended by one year, even repeatedly, if there were no significant
changes in the implementation of activities and conditions in Antarctica, to new knowledge
related to the material content of the documentation for the initial evaluation and
the development of new approaches, processes and technologies related to the activities.
(11) if the documentation has not been discussed in the Advisory Assembly, may
the Ministry issued an opinion on the General appreciation of the effects only after
the expiration of 15 months from the date of sending the dossiers referred to in paragraph 4.
(12) detailed implementing legislation may lay down additional requirements
documentation and requirements for an report and the opinions of the diverse
evaluation of the effects.
§ 17
For the costs associated with the environmental impact assessment
Antarctica shall apply mutatis mutandis special legislation. ^ 15)
PART FIVE
THE PROTECTION OF THE FAUNA AND FLORA OF ANTARCTICA
section 18
Protection of local flora and fauna
(1) prohibits any interference with the populations and habitats
geographically the indigenous plants and animals, with the exception of hits and subscriptions
carried out on the basis of the authorization.
(2) the prohibition in paragraph 1 shall not apply to catching fish for their own use,
in which, however, must not be jeopardized the survival of individual fish species.
(3) all taking of local mammals and birds is done in a way that
minimizes the viable level of pain and suffering in accordance with special
legislation. ^ 16)
(4) the authorisation pursuant to § 8 para. 1 (b). (f)) may be issued only
and to measure samples) for scientific purposes,
(b)) to measure the samples for the museums, herbária, Zoological and Botanical
gardens or other educational or cultural institutions,
(c)) to remove the inevitable consequences of scientific activities,
(d)) to prepare for the construction and operation of scientific equipment.
(5) a permit under section 8 (2). 1 (b). f) and (g)) contains the conditions governing
will ensure that
and not removed more local) mammals, birds or plants than
absolutely necessary,
(b)), will be killed only a small number of local mammals or birds and in no
the case will not be killed more local mammals or birds from local
populations can, in conjunction with other voluntary subscriptions usually
replace the natural reproduction in the following season, and
c) preserves the diversity of species, as well as habitats that are
essential to their existence, and the balance of ecosystems in Antarctica and
dependent and associated ecosystems.
(6) in particular, the protected Antarctic species, which are all kinds of
seals of the species Arctocephalus and Ross seal (Ommatophoca Rossii)
provides extra protection. Authorization for collection of specially protected
Antarctic species, pursuant to section 8 (2). 1 (b). (g)) the Ministry will not issue,
If the subscription is not needed for a scientific purpose, would restore those
species or the local population or if it would be for the collection of used deadly
techniques, although such a procedure was not necessary.
§ 19
The importation of non-native species of animals, plants and micro-organisms to
Antarctica
Prohibits the importation of geographically alien species of plants, animals and
micro-organisms in the Antarctic, with the exception of imports on the basis of the authorization.
This prohibition shall not apply to imports of the foodstuffs ^ 17) to Antarctica. To
Antarctica may not be imported no live poultry or other living birds.
Imported dressed poultry as food must be provided with
a certificate that is not affected by the disease, tuberculosis and Newcastlovou
infections caused by yeast.
PART SIX
WASTE MANAGEMENT
section 20
Obligations for waste management
(1) the Czech people are in particular obliged to
and) prevent the formation of and the disposal of waste in the Antarctic,
(b)) to clean up the former or existing places intended for storage or
disposal of waste on land and abandoned places of work in Antarctica,
If they are the originators of such waste or users of such sites,
(c)) to be stored waste in order to prevent their dispersal into the
the environment of Antarctica
(d)) of Antarctica, all wastes that are subject to a ban on their
storage or disposal in the Antarctic
e) burn combustible wastes, which may not be removed from the Antarctic
referred to in subparagraph (d)), in the respective devices which minimise
emissions,
(f) take all of Antarctica) the unused poultry imported as
food item, or delete it by burning or other equivalent
resources, which eliminate the hazards for the local fauna and flora.
(2) waste which have been removed from the Antarctic under paragraph 1 (b). (d))
and (f)), are transported into the United States or another State, in which the
There are preventive measures for their disposal in accordance with the
the relevant international conventions. On the management of waste, which are
imported into the United States, under the specific legislation. ^ 18)
(3) it is prohibited to
and import to the Antarctic wastes),
(b)) to dispose of waste in areas free of ice and in freshwater systems;
in freshwater systems is prohibited and their storage,
(c)) remove or store radioactive waste ^ 19) in Antarctica,
If an international agreement, which is the Czech Republic is bound, unless otherwise provided in
otherwise,
d) remove or store in Antarctica, electric batteries, rigid and
liquid fuels, waste containing harmful degree of heavy metals or
acutely toxic or harmful to a durable mixture of polyvinyl chloride derivatives
(PVC), polyurethane foam, polystyrene, rubber and lubricating oils, treated
lumber, products containing ingredients that can produce when you
the burning of harmful emissions, plastic waste in addition to polyethylene packaging
low density, barrels of fuel, other solid non-combustible wastes,
the remains of corpses of the imported animals, laboratory cultures of micro-organisms and
pathogens of plants, imported products from birds.
(4) the prohibition of storage or disposal referred to in paragraph 3, the remains of the
the corpses of the imported animals, laboratory cultures of micro-organisms and pathogens
diseases of plants and imported products from birds does not apply, provided that the
they will be burned, autoklávovány or otherwise sterilovány. For barrels
on fuel and other solid non-combustible waste storage or ban
delete does not apply if their removal would result in greater
the negative effects on the environment of Antarctica than to leave them on the
place.
section 21
Imports of certain substances into the Antarctic
Prohibits the importation of pesticides, polychlorinated biphenyls (PCBs),
polystyrene balls or chips, non-sterile soil and hazardous
substances or preparations ^ 20) to Antarctica, with the exception of imports on the basis of
permits for scientific, medical or health needs under this
the law (§ 8 paragraph 1 (b) (i)).
PART SEVEN
PROTECTION AGAINST POLLUTION OF THE SEA IN THE AREA OF ANTARCTICA
section 22
Discharge of harmful substances into the sea
(1) in the area of Antarctica is prohibited discharged into the sea
and petroleum, petroleum mixture), polluted ballast water, contaminated material,
water from the rinse tray and other oily residues and mixtures,
(b)) chemical substances and preparations ^ 21) or other harmful liquid substances.
(2) in an area of Antarctica is further prohibits the discharge into the sewage sludge
the sea at a distance of 12 nautical miles from the nearest land or ice
Cap. This distance can be discharged sewage sludge in relation to the
the amount of sea-going vessels, which have a cruising speed of at least
four knots. This prohibition applies to seagoing vessels that have
certification for the transport of more than ten people.
Article 23 of the
Waste disposal in the sea
In the area of Antarctica is prohibited to store the waste into the sea. To the sea is
You can throw away the remains of food at a distance of more than 12 nautical
miles from the nearest land or ice cap if the disposer or have passed
and they are so finely crushed or ground, that can pass through a sieve
with openings not exceeding 25 mm large.
PART EIGHT
PERFORMANCE OF STATE ADMINISTRATION
section 24
The Ministry of
The Ministry of
and) receives notification under this Act (section 6) and decides on the issue of
authorisation in accordance with this Act (section 8) and their change or cancellation (§
11),
(b)) keeps records of received notification and decisions,
c) informs about taken decisions and issued will
Ministry of Foreign Affairs (article 12, paragraph 1),
(d)) performs control activities and for this purpose shall appoint an observer after
consultation with the Ministry of Foreign Affairs (section 26),
e) sanctions,
(f) environmental impact assessment) ensures that the environment of Antarctica according to the
This law,
g) coordinating the activities of the Czech people in Antarctica and secures the preparation
The concept of the Czech research activities in Antarctica, in cooperation with the
the competent institutions of the Academy of Sciences of the Czech Republic and Czech universities
schools and in agreement with the Ministry of education, youth and sports, and with
Ministry of Foreign Affairs,
(h)), the implementing regulation lays down the model of the special card
the observer (article 26, paragraph 4).
§ 25
Ministry of Foreign Affairs
Ministry of Foreign Affairs
and the supporting documents required for) provides the decisions of the Ministry and provides it
other necessary cooperation,
(b)) in accordance with the Treaty and the Protocol provides the information to the other
the Contracting Parties, the Committee and other relevant international
organizations.
§ 25a
(1) the Ministry of the Interior or the police of the Czech Republic provides
The Ministry of the environment for the purposes of the scope of performance
This Act
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 NINE
CHECKING AND SANCTIONS
section 26
(1) the Ministry checks the compliance with this Act, both on the territory of the
The United States and, secondly, in the Antarctic through the observer.
The observer is in the employment relationship to the Czech Republic represented by the
the Ministry.
(2) a condition of the appointment of the observer referred to in paragraph 1, the State
Czech citizenship, integrity, reaching the age of 21 years and
competence to perform legal acts.
(3) an observer, for the purposes of this Act, be deemed to be an impeccable,
If it has not been convicted for an offense committed by negligence,
the facts of which relates to the activities of the observer, or for
offence committed intentionally. The integrity of an observer shows listing
from criminal records, which at the time of the establishment of an observer to a may not
be older than three months.
(4) an observer has the right to enter at any time into all areas of
Antarctica and maintain control. When carrying out checks,
the observer shows a special ID card issued by the Ministry.
(5) a person shall be obliged to tolerate the inspections and controls carried out by the
observers in the Antarctic, to provide observers to the necessary
synergies and promptly perform corrective measures identified
the deficiencies leading to the protection of the environment and averting damage.
(6) on the territory of the Czech Republic is governed by the Ministry of audit procedure
the activities of the special legislation, ^ 22) unless otherwise provided by this law
otherwise.
section 27 of the
(1) a natural person who
and) enters the Antarctica and is staying here without the appropriate notification (section 6)
or permit (section 8) or does not comply with the conditions laid down in the authorization,
(b) shall be given in the announcement) (section 6) or permit (section 8) deliberately false or
distorted data,
(c)) enters the especially protected Antarctic territory without permission, or
does not comply with the conditions laid down in the authorization,
(d)) to the Antarctic geographically non-indigenous plants, animals and
micro-organisms without permission or fails to comply with the conditions laid down in
the authorization,
e) won't the places intended for storage or disposal of waste in
(Section 20),
(f) does not carry away wastes from the Antarctic) in contravention of this Act (section 20),
g) burn combustible wastes in contravention of this Act (section 20),
(h)) does not allow the inspections and controls carried out by observers, does not provide them
synergy or does not make the corrective measures identified by the observer
deficiencies,
I) carried out in Antarctica, another activity without a permit or
does not comply with the conditions laid down in the authorization,
You can impose a fine of up to $200 000, unless it is a criminal offence.
(2) a natural person who
and) performs a search, the exploration or exploitation of mineral resources in the
Antarctica in contravention of this Act (section 5),
(b)) performs scientific research of mineral resources without the permission of or fails to comply with
the conditions laid down in the authorization,
c) removes or takes from the Antarctic minerals or paleontological findings
without the permission of or fails to comply with the conditions laid down in the authorization,
(d)) would threaten, damage or destroy historic site or monument,
e) interferes in the stocks or the habitats of native plants and geographically
animals without permission or fails to comply with the conditions laid down in the authorization,
f) removes the specially protected Antarctic plants and animals without
authorisation, or fails to comply with the conditions laid down in the authorization,
g) removes wastes in areas with no ice or in freshwater systems
(section 20),
h) removes or stowed in the radioactive waste in Antarctica, in breach of
This law,
I) to Antarctica, pesticides, polychlorinated biphenyls,
styrofoam balls, sliced, non-sterile soil, hazardous substances
or in contravention of this Act (section 21),
j) launch into the sea in the area of the Antarctic petroleum, petroleum mixtures, polluted
ballast water, contaminated materials, water from the rinse tray and other
oily residues and mixtures,
to the storage facility in the Antarctic) in contravention of this Act (section 20),
l) launch into the sea in the area of the Antarctic chemical substances and preparations or
other noxious liquid substances, sewage sludge or in contravention of this
the law (section 22),
m) stores the waste into the sea in the Antarctic area in contravention of this Act
(section 23),
You can impose a fine of up to Czk 1 000 000, unless it is a criminal offence.
(3) the legal entity that will fill one of the constituent elements of
referred to in paragraph 1 shall be fined up to 500 000 CZK.
(4) the legal entity that will fill one of the constituent elements of
referred to in paragraph 2 shall be fined up to $1 500 000.
(5) if as a result of the offence referred to in paragraph 1 or 2, committed
natural person, the permanent or long-term damage to the environment
The Antarctic, can be a fine save of up to 2 000 000 CZK. If as a result of
the offence referred to in paragraph 3 or 4 committed by a legal person, Permanent
or long term damage to the environment of the Antarctic, can be fine
Save up to 6 000 000 CZK.
(6) the Offences referred to in paragraphs 1 to 5 shall examine the Ministry, unless the
This law provides otherwise.
(7) the Offences committed by natural persons referred to in paragraph 2 (a). (j)), l) and
m) and similar offences committed by legal persons that occurred on
sea vessel or recreational yachts, which are operated under
the national flag of the United States, the maritime authority. ^ 23)
(8) the General conditions of liability for offences referred to in paragraph 1 or 2 shall be
assess and procedures shall be carried out according to the law about violations. ^ 24)
determine the amount of the fine the Czech person will take into consideration the severity, the importance and
duration of the infringement and to the extent caused by the consequences to
timeliness and effective synergy of the person who committed the infringement
discussions, troubleshooting. The fine can be United to a person save to three
years from the date on which the infringement has been found, up to 10
years from the date on which it occurred.
(9) the fine imposed in accordance with paragraphs 1 to 5 selects and enforced by the Ministry.
The proceeds of fines are State budget revenue.
section 28
Remove things obtained in violation of the law
(1) the Ministry will initiate proceedings to remove minerals, fossils
the findings, animals, plants or products (hereinafter referred to as "things"),
which can reasonably be expected to have been obtained by the person in the Czech Republic
Antarctica in contravention of this Act. At the same time the Ministry or
Czech environmental inspection on its request to order to ensure
things.
(2) the written decision about removing things shall issue the Ministry within 30 days from
the date of commencement of the proceedings, otherwise the procedure stops. The appeal does not have suspensory
effect. If the proceedings are stopped, locked the thing returns to its owner.
(3) the costs of hedging of the case and subsequent care of her to
termination of the proceeding on its removal be paid based on the final
the decision to remove the things a person thing was removed.
(4) the owner of the things removed on the basis of a final decision
becoming a State.
(5) the decision on the imposition of a fine under section 27 shall not affect the right of
decide to remove things.
PART TEN
COMMON AND TRANSITIONAL PROVISIONS
section 29
Cases of emergency
In cases of emergencies referred to in Protocol ^ 26) shall not apply
the relevant provisions of this law. In these cases, the Czech people
required to
and) Act in a manner that leads to the least possible effects on the
the Antarctic environment,
(b) report immediately to the Ministry) data relating to the case status
emergency, which are necessary to inform the Committee and the other Contracting
the parties to the agreement and the Protocol.
section 30
(1) in a proceeding under this Act, with the exception of the fourth section progresses
According to the code of administrative procedure, unless this Act provides otherwise.
(2) service of a document in a day to the Antarctic to the destination pursuant to § 7
paragraph. 3 (b). (e)) and § 9 para. 2 (a). e) is considered to be the last day
60-day period beginning on the date of transmission of the document to a
carriage.
section 31
The Ministry will issue a decree to implement section 8 (2). 1 (b). I) and section 24
(a). h). The Ministry may issue a decree to implement section 2 para. 2, §
15 paragraph 1. 8 and § 16 para. 12.
§ 32
Transitional provisions
Czech persons who on the date of entry into force of this law shall be carried out
activities in Antarctica, may carry out these activities without a permit
for a maximum period of one year from the date of entry into force of this Act.
§ 33
The scope of the Czech law
The Czech people in Antarctica subject to the provisions of laws and other
the legislation of the United Kingdom as well as on its national territory,
unless otherwise provided in this or any other law or international treaty, which is
Czech Republic tied, otherwise.
PART ELEVEN
cancelled
§ 34
cancelled
PART TWELVE
AMENDMENT OF THE ACT ON ADMINISTRATIVE FEES
§ 35
In Act No 368/1992 Coll., on administrative fees, as amended by Act No.
10/1993 Coll., Act No. 72/1994 Coll., Act No. 85/1994 Coll., Act No.
273/1994 Coll., Act No. 36/1995 Coll., Act No. 118/1995 Coll., Act No.
160/1995 Coll., Act No. 301/1995 Coll., Act No. 151/1997 Coll., Act No.
305/1997 Coll., Act No. 148/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 63/1999 Coll., Act No. 167/1999 Coll., Act No.
167/1999 Coll., Act No. 222/1999 Coll., Act No. 326/1999 Coll., Act No.
353/1999 Coll., Act No. 359/1999 Coll., Act No. 360/1999 Coll., Act No.
363/1999 Coll., Act No. 46/2000 Coll., Act No. 62/2000 Coll., Act No.
117/2000 Coll., Act No. 133/2000 Coll., Act No. 151/2000 Coll., Act No.
153/2000 Coll., Act No. 155/2000 Coll., Act No. 155/2000 Coll., Act No.
158/2000 Coll., Act No. 227/2000 Coll., Act No. 242/2000 Coll., Act No.
242/2000 Coll., Act No. 308/2000 Coll., Act No. 367/2000 Coll., Act No.
140/2001 Coll., Act No. 231/2001 Coll., the Act No. 76/2002 Coll., Act No.
120/2002 Coll., Act No. 146/2002 Coll., Act No. 150/2002 Coll., Act No.
173/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.
129/2003 Coll., Act No. 131/2003 Coll., Act No. 148/2003 Coll., Act No.
149/2003 Coll., Act No. 218/2003 Coll. and Act No. 274/2003 Coll.,
Administrative fees tariff, annexed to Act No. 368/1992
Coll., shall be added to section XVII, which reads:
"PART XVII
PROCEEDINGS UNDER THE LAW ON ANTARCTICA
Item 167
a) submitting an application for a residence permit in the Antarctic Eur 5000.0--
b) an application for authorization to carry out scientific
Research of mineral resources in Antarctica-$ 200.0-
c) an application for authorization to the collection of minerals, or
paleontological findings in Antarctica and their
$ export 200.0-a-
d) an application for authorization to construct, remodel
or delete objects in Antarctica-$ 200.0-
e) applying for permission to enter on the particular
protected Antarctic territory-$ 200.0-
f) an application for authorization to interfere with stocks
or habitats geographically native plants
and fauna in Antarctica-$ 200.0-
(g)) of the request for authorisation to receive especially
protected Antarctic species of plants and animals
$200.0-in Antarctica-
h) applying for import permits for geographically
non-native species of plants, animals and micro-organisms
$200.0-Antarctica-
I) an application for authorization to import of dangerous
substances and preparations-$ 200.0-Antarctica-".
PART THIRTEEN
The EFFECTIVENESS of the
section 36
This Act shall take effect on the date of its publication in the collection of Log
international treaties.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
1) contract for Antarctica, renowned as no. 76/1962 Coll.
2) the Protocol on environmental protection to the Antarctic Treaty
done at Madrid on 4. October 1991.
3) Act No. 40/1993 Coll. on acquisition and loss of citizenship
The Czech Republic, as amended.
4) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amendments to certain laws, as amended.
5) section 2 of the Act No. 17/1992 Coll., on the environment.
6) Protocol of 1978 to the International Convention for the prevention of pollution from ships
(MARPOL) 1973, promulgated under Act No. 73/1995 Coll.
7) Article. Even the Antarctic Treaty.
8) § 2 (2). 2 of the Act No. 62/1988 Coll., on geological works, as amended by
amended.
9) Article. 7 of the Protocol on environmental protection to the Treaty on
Antarctica.
10) Act No 61/2000 Coll., on maritime navigation.
11) § 17 para. 5 of law No. 71/1967 Coll., on administrative proceedings (administrative
order).
12) for example, Act No. 18/1997 Coll. on peaceful uses of nuclear energy
and ionizing radiation (the Atomic Act), and amending and supplementing certain
laws, as amended, Act No. 61/1988 Coll. on mining
activities, explosives and the State Mining Administration, as amended
legislation, law No 16/1997 Coll., on conditions for the import and export of endangered
species of wild fauna and flora and other
measures to protect these species and amending and supplementing Act No.
114/1992 Coll., on nature and landscape protection, as amended
the regulations, as amended by Act No. 320/2002 Coll.
13) Act No. 36/1967 Coll. on experts and interpreters.
14) section 19 of the Act No 100/2001 Coll. on environmental impact assessment
environment and amending some related laws (Act on the assessment of
effects on the environment).
15) section 18 of Act No 100/2001 Coll.
16) Act No 246/1992 Coll., on the protection of animals against cruelty, as amended by
amended.
Law No 16/1997 Coll., as amended by Act No. 320/2002 Coll.
17) section 2 of the Act No. 110/1997 Coll. on foodstuffs and tobacco products and
amending and supplementing certain related laws, as amended by Act No.
306/2000 Sb.
18) Act No. 185/2001 Coll., on waste and amending certain other
laws, as amended.
19) § 2 (b). r) Act No. 18/1997 Coll., as amended by Act No. 13/2002 Sb.
20) for example Act No. 157/1998 Coll., on chemical substances and chemical
preparations and amending certain other acts, as amended
legislation, Act No. 167/1998 Coll., on addictive substances and amending
certain other laws, as amended, law No.
79/1997 Coll., on pharmaceuticals and on amendments and additions to certain related
laws, as amended, Act No. 91/1996 Coll., on feedstuffs
as amended, Act No. 110/1997 Coll., as amended by
amended, Act No 147/1996 Coll., on phytosanitary care and
amendments to some related laws, as amended,
Act No. 157/1998 Coll., on fertilisers, soil conditioners,
auxiliary plant products and substrates and agrochemical
testing of agricultural soil (fertilizers Act), as amended
regulations.
21) § 2 (2). 1 and 2 of Act No. 157/1998 Coll., as amended by Act No. 349/1999
SB.
22) Act No. 553/1991 Coll. on State control, as amended
regulations.
23) § 3 of the law No 61/2000 Sb.
24) Act No. 200/1990 Coll. on offences, as amended.
26) Article. Annex I, article 7. Annex II, article 2. 12 of annex III, article. 7
Annex IV and article. 11 of annex V of the Protocol on environmental protection
to the Antarctic Treaty as agreed in Madrid on June 4. October 1991.
