39/2015 Sb.
LAW
of 10 June 1999. February 2015,
amending 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), as amended, and other
related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on environmental impact assessment
Article. (I)
Act No 100/2001 Coll., on the assessment of the effects on the environment and on the
changes to some related laws (Act on environmental impact assessment
the environment), as amended by Act No. 93/2004 Coll., Act No. 163/2006
Coll., Act No. 186/2006 Coll., Act No. 216/2007 Coll., Act No. 124/2008
Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act No. 436/2009
Coll., Act No. 38/2009 Coll., Act No. 85/2012 Coll., Act No. 167/2012
Coll. and Act No. 350/2012 Coll., is amended as follows:
1. In paragraph 3, at the end of subparagraph (f)) dot replaced with a comma and the following
letters g) to (j)), including footnotes, no 1a shall be added:
"(g)) the downstream management of such proceedings in which the decision is issued
under special legislation ^ 1a) that enables the location or
the implementation plan of the assessed under this Act,
h) one or more persons by the public,
I) by the public concerned
1. a person who may be a decision issued by the surveillance management
without prejudice to their rights or obligations in,
2. a legal person in private law, whose business is based on
the founding legal act environmental protection or
public health, and whose main activity is not a business or other
gainful activity that was at least 3 years before the date of publication of the
information on the follow-up of the proceedings under section 9b paragraph 1. 1, or before the date
the decision pursuant to § 7 para. 6, or which supports its
the signatures of at least 200 people,
(j)) that supports signing the Charter the Charter with the signatures of at least 200 people.
1A) for example, Act No. 183/2006 Coll. on territorial planning and building
Code (the building Act), as subsequently amended, Act No. 61/1988
Coll. on mining activities, explosives and the State Mining Administration, in
as amended, Act No. 254/2001 Coll. on waters and amending
some of the acts (the Water Act), as amended, law No.
266/1994 Coll., on rail, as amended, law No. 76/2002
Coll., concerning integrated pollution prevention and control, on an integrated
registry of pollution and on amendments to certain acts (the Act on integrated
Prevention), in the wording of later regulations, and Act No. 49/1997 Coll., on
civil aviation and amending and supplementing Act No. 455/1991 Coll., on the
trades (Trade Act), as amended
the regulations, as amended. ".
2. In section 4, paragraph 4. 1 (b). (b)), the words "category I," the words
"that could have a significant negative impact on the environment,
in particular ".
3. In section 4, paragraph 4. 1 (b). (c)), after the words "if it is listed, or" shall be inserted after
the words "which could have a significant negative impact on the environment,
in particular ".
4. In paragraph 4, at the end of paragraph 1, the period is replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f)) changes to the plan, which would be based on a binding opinion of the competent authority
issued under section 9a of the paragraph. 4 could have a significant negative impact on the
the environment; These changes are subject to the assessment objectives, if so
down in the exploratory procedure. ".
5. In section 6 paragraph 7 is added:
"(7) the public, the public concerned, the administrative offices and concerned
territorial self-governing units may submit written observations to the notice
to the competent authority within 20 days from the date of publication of the notification information. To
the expression sent after the deadline may not be taken into account by the competent authority. ".
6. section 7, including the title reads as follows:
"section 7 of the
The investigation
(1) the purpose of the fact-finding procedure for projects and changes to the projects listed in paragraph 4 of the
paragraph. 1 (b). and) specify the information that is appropriate to the
documentation, with a view to
and) the nature of a particular project or type of project,
b) environmental factors referred to in § 2, which can be
by performing the intent of the affected
(c)) the current state of knowledge and methods of assessment.
(2) for the purposes and intentions of the amendments referred to in section 4, paragraph 4. 1 (b). b) to (f))
the aim of the fact-finding procedure determine whether intention or its change can have
significant effects on the environment, or whether the intent may separately
or in conjunction with other significantly affect the territory includes
site or a bird area, and whether it will be assessed under this Act.
If the result of such an assessment, the finding that the intent is to be assessed
under this Act, is the subject of the fact-finding procedure clarification
referred to in paragraph 1.
(3) the investigation shall be initiated on the basis of the notification and shall be
According to the principles set out in annex 2 to this Act. When determining whether the
intent, or change the intention can have significant effects on the environment,
the competent authority shall take into account to the
and) the nature and extent of intention and its location,
(b) whether the intention) the circumstances or a change in the intention of its capacity reaches
the exposure limit values referred to in the plans of the species concerned in annex No. 1 to
This Act category II,
(c)) received an expression of the public, the public concerned, the
Government departments concerned and of territorial self-governing units.
(4) the investigation ends the competent authority no later than 45 days from the date of
publication of the notice in accordance with § 16. A reasoned written conclusion
the competent authority shall transmit to the notifier and which shall be published in accordance with § 16.
(5) if the competent authority concludes that the intent of paragraph 2 should be
assessed under this Act, it shall take a reasoned written conclusion
with the basic data of the intention in the range points b.i.1. to finance large 4. and
B.i. 6. Annex No. 3 to this Act and the considerations that drove while
reviews the principles set out in annex 2 to this Act.
(6) If a competent authority concludes that the intention or change will not be
assessed under this Act, it shall take a decision, which is the first
procedural step. The decision shall specify the basic information about the intent of the
the range of points b.i.1. to finance large 4. and B.I. 6. Annex No. 3 to this Act, and
the considerations which a competent authority was driving when evaluating the principles set out in
Annex 2 to this Act. The decision shall be published in the manner referred to in section
16 and delivers a public decree. The right to lodge an appeal against the decision of the
a Notifier and the public concerned referred to in paragraph 3 (b). I) point 2.
Compliance with the conditions referred to in paragraph 3 (b). I) item 2 of the public concerned shall be documented in the
the appeal.
(7) if the notification with the formalities provided for in annex 4 to
This law and the competent authority has not received any substantiated dissenting
representation to him, may, in a reasoned written conclusion of the fact-finding
the proceedings provide that documentation does not need to handle and notifications
considered as documentation. Otherwise, the competent authority on the basis of
expression in the first sentence in the reasoned written conclusion of the fact-finding
control provides a range of completion of notification in order to substitute
the documentation.
(8) upon a written conclusion of the fact-finding procedure, the competent
Office of design variants of the solution processing project, which is usually
different location, capacity, used or at the moment of execution,
If their implementation is effective and of technical aspects of the possible.
(9) the public concerned referred to in paragraph 3 (b). I) (2) an action may
seek the annulment of a decision given in the detection procedure, that the intention of the
or changing it will not be assessed under this Act, and challenge
the material or procedural legality of decisions. For the purposes of the procedure
According to the first sentence, it is considered that the public concerned referred to in paragraph 3 (b). I)
paragraph 2 has the rights on which there may be decisions made in the detection
that the intention of management or change will not be considered under this
the Act, shortened.
(10) on the action against the decision issued in the detection procedure will decide
Court within 90 days after the Bill has come to the Court. ".
7. In section 8 paragraph 3 reads:
"(3) the public, the public concerned, the administrative offices and concerned
territorial self-governing units may provide comments about the documentation to the competent
the Office, in writing, within 30 days from the publication of the documentation information. To
the expression sent after the deadline, the Office does not have to be taken into account. ".
8. in paragraph 8, paragraph 9 is added:
"(8) the public, the public concerned, the administrative offices and concerned
territorial self-governing units may submit to the competent authority a written
comments on the report within 30 days from the date of publication of the information about the
it, where appropriate, to express to him at a public hearing under section 17. To
the expression sent after the expiry of the Office when the next procedure
may not be taken into account. ".
9. in article 9, the following new section 9a to 9e, which including the following titles:
"§ 9a
A binding opinion on the implementation of the environmental assessment project on the
environment
(1) the competent authority shall issue, where applicable, on the basis of documentation, announcements,
the report and public hearing under section 17 and the observations applied to them
a binding opinion on the implementation of the environmental assessment project on the
the environment (hereinafter referred to as "opinion") within 30 days from the date of expiry of the
the deadline for comments on the report. The elements of the opinion are listed in
Annex No 6 to this Act.
(2) the competent authority shall forward the opinion to the notifier concerned administrative
authorities and the concerned territorial entities, and shall ensure its publication in the
pursuant to section 16.
(3) opinion is the basis for the decision according to the specific
legislation. The opinion shall be presented by the notifier in the application as
one of the bases for the follow-up proceeding under these rules. The validity of the
opinion is 5 years from the date of its issue. The validity of the opinion can be
at the request of the notifier extended by 5 years, even repeatedly, if
in writing to the notifier provides proof that there has been no significant changes in the implementation of
the intention, in the territory of the conditions, the new knowledge related to the
the material content of the documentation and the development of new technologies which might be available in the
intent. This period shall be interrupted, if a follow-up procedure has been initiated
under special legislation "^ 1a).
(4) at least 30 days prior to the application to initiate the follow-up control
the notifier shall submit to the competent authority for the relevant documentation
follow-up procedure including a full description of any changes from the plan,
to which an opinion has been issued. The competent authority shall verify, on the basis
the notice of initiation that Office sent an administrative authority
competent to conduct the follow-up proceedings every intention and issue a dissenting
binding opinion, if there has been a change to the plan, which could have a
significant negative impact on the environment, in particular to increase its
capacity and range, or to change its technology, operations management or
How to use. These changes are subject to the assessment referred to in section 4, paragraph 4. 1
(a). f). If, for any changes to the intent of the second sentence, the competent
the authority of a binding opinion. A dissenting opinion may be binding
the competent authority shall also, if the documentation referred to in the first sentence,
was not passed on time, or if the description of possible amendments is not exhaustive.
(5) the competent authority shall issue a binding opinion to validate changes always intent,
If the downstream management, construction management, and also in the case that
building management is the management of the change of the building before its completion.
Follow-up control
§ 9b
(1) the administrative authority competent to conduct the follow-up control exposes the
According to § 25 of the code of administrative procedure, together with the notice of commencement of proceedings
and) request together with the warning that it is the intention of the insubstantial additional according to
of this Act, or intent are subject to environmental impact assessment
transboundary environment of the Czech Republic, together with the information, where
You can consult the relevant documentation for the downstream management,
(b)), information about the subject and nature of the decision to be in the building
procedure issued,
(c)) for information about where you can get acquainted with the documents recorded in
during the assessment, which have been published pursuant to section 16,
d) information relating to public involvement in the proceedings under section 9 c
paragraph. 1 and under special legislation, which means
information on the place and time of holding any public oral
the negotiations, on the time limit for the application of the public comments to the intent and the
the potential consequences of a judgment in default of such time limit, information about whether and
where appropriate, the period within which the public can access to documents decision of
the bodies concerned and information on how to participate in the public concerned
the subsequent proceedings under section 9 c of paragraph 1. 3 and 4.
Information is deemed to be published, by posting on the official Board
administrative authority which the downstream control leads. Information must be
posted for 30 days.
(2) the administrative authority responsible for the management of the follow-up procedure, in conjunction
of the institutions concerned shall, at the request of the applicant of the decision in
building control at any time before you start the preliminary information on the
requirements for information and documents that the applicant has to submit an application for
the release of the decision. Provided preliminary information is valid for 1 year from the date of
its release.
(3) a follow-up procedure is always considered a control with a large number of
participants according to the code of administrative procedure.
(4) the administrative authority competent to conduct the follow-up proceedings shall, in
during the proceedings the disclosure
and the expression of opinions, and binding), the authorities concerned, which was released
for the purposes of subsequent proceedings,
(b)) other supporting documents for the issuance of the decision, if it considers that the administrative authority
thinks fit.
(5) the administrative authority when making its decision in the follow-up procedure in respect
the basis for the decision is also based on the documentation, where appropriate,
notification, the public comments, the comments from the State in
Interstate assessment pursuant to section 13, and the results of the public hearings,
If it took place.
§ 9 c
(1) the public can exercise control in the follow-up comments on the plan.
Comments can be applied within 30 days of the publication of the information
under section 9b paragraph 1. 1 on the official Board, unless otherwise provided by a specific legal
Regulation or administrative authority competent to conduct the follow-up control period
longer.
(2) the administrative authority shall indicate in the preamble to its decision and settlement
the public comments.
(3) if by giving written notice signs in the Administrative Department,
that the follow-up proceedings within 30 days of the date of publication of the information
under section 9b paragraph 1. 1, it becomes a participant in the follow-up management
and the intention (s) concerned) the municipality or
(b)) the public concerned referred to in paragraph 3 (b). I) point 2.
(4) an appeal against a decision issued in the proceedings may submit a
also the public concerned referred to in paragraph 3 (b). I), paragraph 2, even if
that was not a party to the proceedings at first instance.
(5) the conditions referred to in paragraph 3 (b). I) point 2 shall demonstrate the public concerned
in the submission of the written notice referred to in paragraph 3 or in an appeal under
of paragraph 4.
§ 9 d
(1) the public concerned referred to in paragraph 3 (b). I) (2) an action may
seek the annulment of a decision given in the procedure and challenge
the material or procedural legality of decisions. For the purposes of the procedure
According to the first sentence, it is considered that the public concerned referred to in paragraph 3 (b). I)
paragraph 2 has the rights, on which a decision may be given in downstream
control is truncated.
(2) the actions against decisions made in the follow-up procedures
the Court will decide within 90 days after the Bill has come to the Court. The Court's own motion
Decides to grant suspensive effect of an action or the interim measures
According to the administrative judicial procedure. The Court shall grant the petition have suspensive effect, or
ordering interim measures, there is a danger that the realisation of the plan may
cause serious damage to the environment.
section 9e
Elements that support the signing of the Charter of
In the header that supports signing of the Charter and any numbered
the signature sheet shall contain at least the name of the project and the fact that the Charter
is intended to support
and filing written notice) which the public concerned logs in to the
participation in the follow-up proceeding, or
b) appeal against the decision according to § 7 (2). 6, or against a decision
in the subsequent proceedings.
Any person that supports the submission of written notice or appeal shall be
on the sign-up sheet for your first name, last name, date of birth and address of the place of
stay and attaches a handwritten signature. Supporting the signature instrument
can be used for all follow-up proceedings to that intent. "
10. section 10 including the title shall be deleted.
11. in section 10i, paragraph 2 is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
12. In § 13 para. 1 the words "under this Act" shall be replaced by
"including the identification of the competent authority, which ensures the Interstate
the intent of the assessment ".
13. in section 13 paragraph 6 is added:
"(6) the Ministry is obliged to send to the State concerned its opinion within 15
days from the date of its issue. Further, it is obliged to send him information pursuant to § 9b
paragraph. 1 and section 9b paragraph 1. 4 (b). and decision pursuant to §) and 9a paragraph. 3, and that
within 15 days from the date of their receipt. This information and decisions are
the administrative authorities are obliged to send to the Ministry as the institution concerned on the
the basis of the request referred to in the opinion or on the basis of the application. ".
14. in § 14 paragraph 2 reads as follows:
"(2) the public is entitled to submit written observations to the Ministry
notification within 15 days from the date of publication of this notice.
The Ministry of all observations along with his representation of State shall send the
of origin within 30 days from the date of publication of the notice referred to in paragraph
1. ".
15. in § 14 para. 5, the words "everyone is entitled to" shall be replaced by
"The public is entitled to".
16. In article 16(1). 3 (b). and), after the words "territorial self-governing units,"
added the word "and" at the end of subparagraph (b)), the words ", and" are replaced by
dot and the letter c) shall be deleted.
17. in section 18 para. 3, the words "article 10" shall be replaced by the words "§ 9a" and at the end of
the text, the words "and 2" shall be deleted.
18. in section 19 para. 1 and 10, the words "§ 7 para. 4 "shall be replaced by the words" § 7
paragraph. 7. "
19. in paragraph 21, at the end of the letter l) dot replaced with a comma and the following
the letter m) is added:
"m) exposes the way allowing remote access information about
How to seek legal action repeal of decision pursuant to § 7 para. 6 or
pursuant to § 9a, para. 3. ".
20. in article 23, paragraphs 9 to 11 and 14 shall be deleted.
Paragraphs 12 and 13 shall become paragraphs 9 and 10, and the former
paragraph 3 becomes paragraph 11.
21. In article 24, paragraph 2 shall be deleted.
The existing paragraph 1 is deleted.
22. in annex No. 1 category I, point 1.1, in the INTENT:
"1.1. Permanent or temporary non-forest deforestation or reforestation of the land of
the desktop over 25 ha. ".
23. in annex No. 1 category I, point 1.7 in the INTENTION:
"1.7 device to intense rearing of poultry or pigs with more than:
and 85 000 places for) chickens, 60 000 places for hens;
(b)) 3 000 places for production pigs (over 30 kg), or
c) 900 places for sows. ".
24. in annex No. 1 category and section 2.3 in the INTENTION:
"2.3 other mining and quarrying in the new mining area.
Other mining and quarrying in the area of 25 ha.
Extraction of peat on the desktop over 150 ha. ".
25. in annex No. 1 category I paragraph 10.1 in the INTENTION:
"10.1 device to a disposal or recovery of hazardous waste
the incineration, physical-chemical treatment or scraping. ".
26. in annex No. 1 category and section 10.2 in part the INTENTION:
"10.2 device to a disposal or recovery of other waste
incineration or physico-chemical treatment with a capacity of over 100
tonnes/day. ".
27. in annex No. 1 category II, point 1.1, the word "area" is replaced by
the words "or non-forest land afforestation on the desktop".
28. in annex No. 1 category II, point 1.5 in the INTENTION:
"1.5 Device for intensive livestock farming with a capacity from
50 livestock units (1 livestock unit = 500 kg body weight)
(projects not included in category I). ".
29. in annex No. 1 category II under point 2.5, the INTENTION is:
"2.5 other mining and quarrying in the area from 5 to 25 hectares; mining
peat on the desktop to the 150 ha (projects not included in category I). ".
30. in annex No. 1 category II, point 3.4, the words "with consumption"
replaced by the words ", in particular if the estimated consumption" and the word
"products" shall be replaced by "mixture".
31. in annex No. 1 category II, point 10.1 in the INTENTION:
"10.1 equipment or industrial waste
(projects not included in category I). ".
32. in annex No. 1 category II, point 6.6 in the INTENTION:
"New 10.6.x industrial zones and industrial-estate development projects with
an area of over 20 ha. Urban development projects with an area of 5 ha. The construction of the
warehouse complexes, with a total acreage of over 10 000 m2 of built-up area.
Construction of business complexes and shopping centres with a total acreage
over 6 000 m2 of built-up area.
Parking or garage with a capacity of over 500 parking spaces in total
for the entire construction. ".
33. in annex No. 1 category II paragraph 10.13 in the INTENTION, the words "5
000 m2 "is replaced by" 2 ha ".
34. in annex 2, part I, item 5. the words ' effects on public health "
shall be replaced by "interference".
35. in annex 2, part II, point 3. at the end of the text of subparagraph (d))
the words "and mountain areas, wetlands and forests".
36. in annex 3, part B, point 9. the words "§ 10 para. 4 and the administrative
the authorities "shall be replaced by ' paragraph 9a(1). 3, and the administrative authorities ".
37. in annex 3, part D, section 4. added:
"4. the characteristics of the measures for the prevention, elimination and reduction of all
significant adverse effects on the environment and a description of the compensation,
If it's due to the intent of the possible ".
38. in annex No. 3a, part III, section 3. the words "§ 10 para. 4 "shall be replaced by
the words "§ 9a, para. 3. "
39. in annex 4, part B, point (i)(a) 9. the words "§ 10 para. 4 and
administrative authorities "shall be replaced by ' paragraph 9a(1). 3, and the administrative authorities ".
40. In annex IV, part D, point 4. added:
"IV. Characteristics of the measures for the prevention, elimination and reduction of all
significant adverse effects on the environment and a description of the compensation,
If you are considering the intent of the possible ".
41. In Annex D, point 4 of part VI. the words "shortcomings in knowledge
and uncertainty "are replaced by the words" of any difficulties (technical deficiencies
or deficiencies in knowledge) ".
42. Appendix 6:
' Annex No 6 to the Act No 100/2001 Coll.
The elements of the opinion
Designation of the competent authority:
Reference number:
(I).
COMPULSORY DATA
1. The name of the plan
2. Capacity (a range of) the intent of the
3. the classification of intent according to annex No 1
4. Location plan
5. the business name of the notifier
6. IR notifier
7. The seat (residence) of the notifier
8. The conditions for the preparation phase of the project implementation (construction) project
operation of the plan, where appropriate, the conditions for the closure of the intention behind the stage
the purpose of the prevention, reduction, elimination, or the compensation for the adverse
the effects of project on the environment, including the obligations and conditions for
monitoring and analysis of the effects on the environment
II.
JUSTIFICATION
1. justification for the release of favourable unfavourable opinions including/
justification the determination of the conditions set forth
2. the overall evaluation of the anticipated environmental effects of project on the
environment in terms of their size and significance
3. the assessment of the technical solution of the intention with regard to the achieved degree of
knowledge as regards the pollution of the environment
4. the order of variants (if submitted) in terms of the effects on the
environment
5. the overall assessment of the process of environmental impact assessment
6. A list of bodies whose comments are in the authentic opinion in part
or fully included
7. Settlement of representation to the documentation (announcement)
8. Settlement of representation to opinion
Date of issue of a binding opinion:
Stamp of the competent Office:
Name, surname and signature of the authorised representative of the competent authority ".
Article. (II)
Transitional provisions
1. for the implementation of the environmental assessment the project on the environment
issued before the date of entry into force of this law, the competent authority
on the basis of the notice of initiation, the Office sent to the administrative
authority responsible for the management of the subsequent proceedings or on application to
the notifier before the follow-up proceedings favourable binding
opinion after it verifies that their content is in accordance with the requirements of
the legislation implementing directive of the European Parliament and of the
Council 2011/92/EU. The competent authority in the authentic opinion under the first sentence
at the same time determines which of the conditions referred in its opinion on the assessment of the
the effects of the implementation of project on the environment are the administrative offices
competent to conduct the follow-up proceedings are obliged to include in their
decision. If you cannot issue a favourable opinion under sentence of mandatory
First, it must be the intention of the subject of a new assessment under section 4 of Act No.
100/2001 Coll., on the assessment of the effects on the environment and amending
some related laws (Act on environmental impact assessment
environment), in the version in force after the date of entry into force of this Act.
Binding opinion referred to in the first sentence shall be issued for a decision in
the follow-up proceedings issued after the entry into force of this Act; This
binding opinion shall also apply to decisions in other related
proceedings. Where the competent authority issues also binding opinion pursuant to section
9A, paragraph 2. 4 and 5 of the Act No 100/2001 Coll., in the version in force from the date of acquisition
the effectiveness of this law, you can combine the two procedures and issued only a single
binding opinion.
2. on the follow-up proceedings initiated before the date of entry into force of this
the law shall apply to § 9a, para. 4 and 5 and § 9b-9 d of the Act No 100/2001 Coll.
in the version in force from the date of entry into force. Within 30 days from the date of acquisition
the effectiveness of this Act shall provide the administrative authority competent to conduct
the follow-up proceedings commenced before the date of entry into force of this
the law, disclosure of information pursuant to § 9b paragraph 1. 1 of Act No. 100/2001 Coll.
in the version in force from the date of entry into force of this Act, which have not yet
have not been published, if it has already expired time limit for the application of the binding
the opinions of the authorities concerned, the opposition parties and their comments.
Legal proceedings instituted before the date of entry into force of this Act shall be
completes in accordance with the existing legislation.
PART TWO
Amendment of the Act on nature and landscape protection
Article. (III)
In the § 70 para. 2 of Act No. 114/1992 Coll., on nature and landscape protection, in
amended by Act No. 222/2004 Coll., on the end of the text of the first sentence added
the words ", with the exception of the management of the follow-up to the environmental impact assessment
environment pursuant to section 3 (b). (g)) of the law on environmental impact assessment
environment ".
PART THREE
Change the Water Act
Article. (IV)
Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water
Act), as amended by Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act
No 274/2003 Coll., Act No. 20/2004 Coll., Act No. 413/2005 Coll., Act
No 444/2005 Coll., Act No. 186/2006 Coll., Act No. 222/2006 Coll., Act
No 342/2006 Coll., Act No. 25/2008 Coll., Act No. 167/2008 Coll., Act
No 181/2008 Coll., Act No. 157/2009 Coll., Act No. 227/2009 Coll., Act
No 281/2009 Coll., Act No. 150/2010 Coll., Act No. 77/2010 Coll., Act
No 151/2007 Coll., Act No. 85/2012 Coll., Act No. 350/2012 Coll., Act
No 501/2009 Coll., Act No. 275/2013 Coll., Act No. 303/2013 Coll., Act
No 61/2014 Coll., Act No. 64/2014 Coll. and Act No. 187/2014 Coll., is amended
as follows:
1. In article 115 paragraph. 6 and 7, the words "in accordance with § 15" the words "and
management of the follow-up to the assessment of the effects on the environment in accordance with § 3
(a). (g)) of the law on environmental impact assessment ".
2. In section 115 after paragraph 8, the following paragraph 9 is added:
"(9) in the case of the follow-up on the environmental impact assessment
environment pursuant to section 3 (b). (g)) of the law on environmental impact assessment
the environment is a control with a large number of participants. The venue of the public
oral proceedings shall announce a public decree, which must be posted
at least 30 days in advance. Each may, not later than at a public oral
negotiations to apply your comments, otherwise they will be disregarded. Dropping the
the building authority from the oral proceedings shall announce the initiation of the proceedings, the public
the Decree, which specifies a time limit which shall be not less than 30 days from the
posting of the order, by which anyone can apply their comments. To later
forward comments shall be disregarded. ".
Paragraphs 9 to 19 shall be renumbered as paragraphs 10 to 20.
PART FOUR
Change to the building Act
Article. In
Act No. 183/2006 Coll., on zoning and the building code (the building
Act), as amended by Act No. 68/2007 Coll., Act No. 191/2008 Coll., Act
No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act
No 345/2009 Coll., Act No. 379/2009 Coll., Act No. 424/2010 Coll., Act
No 420/2007 Coll., Act No. 142/2009 Coll., Act No. 167/2009 Coll., Act
No 350/2012 Coll. and Act No. 257/2013 Coll., is amended as follows:
1. in article 13, the following paragraph 8 is added:
"(8) to conduct the proceedings under this Act, that is the building management
under the law on environmental impact assessment, is in the first
the degree of the competent local authority of the municipality with extended competence. The provisions of the
paragraph 2 shall not be affected. Municipal Office municipality with extended competence
performs the power under section 120, 122, 123 and 124. ".
2. § 36 odst. 1 the second sentence with the number "9" is replaced by "8".
3. In article 37, paragraph 2 shall be deleted.
Paragraphs 3 to 10 shall be renumbered as paragraphs 2 to 9.
4. In § 37 para. 6 the first sentence, the words "3-6" is replaced by "2 to
5. "
5. In § 37 para. 8 the first sentence is the number "7" shall be replaced by the number "6".
6. In § 37 para. 9 the first sentence with the number "9" is replaced by "8".
7. In § 39 para. 2 sentence third number "3" is replaced by "2".
8. in section 40 para. 2 (a). (c)), the number "7" shall be replaced by the number "6".
9. In § 42 para. 6 the third sentence is the number "10" is replaced by "9".
10. In § 50 para. 2, the last sentence shall be deleted.
11. in section 61 is at the end of paragraph 2 the following sentence "the regulatory plan
You cannot replace the zoning for the intent that is subject to assessment
effects on the environment in accordance with special legislation. ".
12. In article 61, paragraphs 3 and 4 shall be deleted.
The present paragraph 5 shall become paragraph 3.
13. in § 63 para. 1 the words "and the processing costs of the documentation of the effects of
project on the environment, including environmental impact assessment project on European
an important bird area site, or, if the processes (hereinafter referred to as
"documentation impact"), "and the words" on the documentation of the effects of ' shall be deleted.
14. in § 63 para. 2 the words "documentation of the effects," shall be deleted.
15. In article 64 paragraph 2 and 3 shall be added:
"(2) if the award is not part of the regulatory plan or master plan
spatial development policy, processes the maker of design award. Design award
the maker of the
and deliver a public decree,)
(b)) shall send to the authorities concerned; in the event that the purchaser is another municipal
the Office will send is also the village for which regulatory plan takes.
(3) any person may apply for the person acquiring the goods within 15 days of delivery
the design of regulatory plan in writing, specifying the requirements for the content of the entry.
The authorities referred to in paragraph 2 (a). (b)) may apply, within 30 days from the
receipt of the draft entry for the maker of the statement shall be
the requirements for the content of the entry. To later applied the requirements of and the expression of
shall be disregarded. ".
16. In article 64, paragraph 4 shall be deleted.
Paragraphs 5 to 7 shall become paragraphs 4 to 6.
17. In article 64, paragraph 4 reads:
"(4) on the basis of requests and observations put forward is the maker of the adjusted
the proposal specifying the regulatory plan and submit it to the competent Board of
for approval. Together with a draft specifying the evaluation shall submit, as they have been
applied requirements and remarks into his design incorporated. ".
18. section 65 reads as follows:
"§ 65
(1) on the basis of the approved entering the maker for the municipality or County
ensure that the processing of the draft regulatory plan, including information about the impact of
the intent of the territory and of its claims on public transport and technical
infrastructure and the representation of the owners of the infrastructure.
(2) the purchaser shall be notified individually to the authorities referred to in § 64 para. 2 (a).
(b)) and the municipalities concerned, the place and time of holding joint negotiations on the proposal
regulatory plan, at least 15 days in advance. At the same time, these authorities
ask for the application of the opinions on the draft regulatory plan within 30 days from
the day of the joint meeting. The later one made comments shall be disregarded.
The opinions obtained from the purchaser shall forward to the competent authority.
(3) the purchaser shall deliver a draft regulatory plan a public decree. To
15 days from the date of delivery may apply in writing for each person acquiring goods
comments on the draft of the regulatory plan. To the later filed comments
shall be disregarded.
(4) the person acquiring the goods according to the outcome of the consultation will ensure the Edit design
the regulatory plan. ".
19. in section 66 paragraph 1. 3 (b). and) the words "including the opinion to assess
the effects of the implementation of project on the prostředí11), if the intention of the addressed
the regulatory plan this assessment requires, "shall be deleted.
20. in section 66 paragraph 1. 3 (b)) shall be deleted.
Subparagraph (c)) to (g)) shall become point (b)) to (f)).
21. In article 66, paragraph 5 shall be deleted.
The present paragraph 6 becomes paragraph 5.
22. in section 67 para. 1 the first sentence, the words ", documentation of the effects of ' shall be deleted.
23. in section 67 para. 1 the second sentence, the words "and the documentation of the effects of ' shall be deleted.
24. in section 67 para. 2 the second sentence, the words "(section 65 paragraph 1. 3 to 6) "is replaced by
the words "(section 65 paragraph 1. 2 and 3) ".
25. In article 68, paragraph 2 reads as follows:
"(2) If, on the basis of the public consultation for a substantial modification of the proposal
regulatory plan, modified design shall to the extent of the adjustments to the
repeated public consultation; in doing so, it shall proceed mutatis mutandis under section
67. ".
26. in § 68 para. 3 the words "§ 65 para. 2 to 6 "shall be replaced by ' paragraph 65
paragraph. 2 to 4 ".
27. In article 68, paragraph 5 is added:
"(5) part of the justification of the regulatory plan is in addition to requirements
resulting from the administrative procedure, in particular,
and the outcome of the assessment of the regulatory plan) in accordance with paragraph 4,
(b) a justification of the adopted solution) complex. ".
28. in § 71 para. 8 the second sentence is the number "7" shall be replaced by the number "6".
29. in § 87 para. 1 the words "the parties referred to in § 85 para. 1
and in § 85 para. 2 (a). and) and the relevant authorities individually. '
the words "the procedure laid down in § 144 paragraph. 6 administrative procedure. ".
30. section 87, paragraph 2 reads as follows:
"(2) in the case of projects for which it has been issued an opinion on the assessment of the
the effects of the implementation of project on the environment, the Building Authority may order the
to discuss the application of the public hearing. In cases of projects
being in the territory in which it was issued, the zoning plan
building Office of public hearings at all times. The notification about
territorial management and other acts in the proceedings shall apply paragraph 1
by analogy; the holding of public hearings shall be notified to the public
a public decree, which must be posted at least 30 days in advance. After
This time the Building Authority must allow each look into the documentation for the
the release of the decision. The applicant shall ensure that information about its intent and
that it has submitted an application for the issue of zoning and planning decision, without
after it was notified of the initiation of the territorial control and ordered public
the oral proceedings, posted up on the site specified by the Building Authority in the notice, and
until the holding of public hearings. The information includes data about the
the applicant, on the subject of land-use management and about the public hearing.
Part of the information is graphical representation of intention, or other
a basis from which to infer on the architectural and town planning
form of intent and its effect on the surrounding area. If the applicant referred to the obligation to
fails to comply with, the Building Authority shall order the repeated public oral proceedings, if
should the applicant's infringement of this obligation results in a shortening of the rights
the participants of the territorial control. In the case that evidence to the contrary, it is considered
that the applicant has complied with the obligation to fly information. ".
31. section 91 is repealed.
32. In section 94 at the end of the text of paragraph 5, the words "shall be added; This does not apply,
It was cleared for a zoning plan, for which it was issued
opinion on the implementation of the intent of the assessment of the effects on the environment
According to the law on the assessment of the effects on the environment ".
33. In paragraph 2 of section 94a. 2 the words "the parties referred to in § 85 para. 1
and in § 85 para. 2 (a). and § 109) and in the paragraph. 1 (b). a) to (d)) and the concerned
authorities individually. "shall be replaced by the words" the procedure laid down in § 144 paragraph. 6
administrative procedure. ".
34. In section 94a, paragraph 3 reads:
"(3) in the case of projects for which it has been issued an opinion on the assessment of the
the effects of the implementation of project on the environment, the Building Authority may order the
to discuss the application of the public hearing and shall proceed in accordance with § 87 para.
2. in cases of projects being in the territory in which it was issued
Zoning Plan, building authority orders the public oral proceedings always. For
the application of binding opinions of the authorities concerned, the objections of the participants
joint management and public comments shall apply to § 89 and 114
accordingly. ".
35. In section 94a of para. 6, the words "the parties referred to in § 85 para. 1
and 2 (d). and § 109) and in the paragraph. 1 (b). and) to d) and the authorities concerned
individually and the participants in the proceedings referred to in § 85 para. 2 (a). (b)), and (c)), and
in § 109 paragraph. 1 (b). e) to (g)) a public decree; in the other
cases shall be served on the authorities concerned and the Parties individually. "
replaced by the words "the procedure laid down in § 144 paragraph. 6 administrative procedure. ".
36. In article 104, the following paragraph 4 is added:
"(4) the Declaration shall be excluded for the purposes for which it was issued an opinion on the
assessment of the environmental effects of the implementation of project on the environment. ".
37. In section 114 para. 1, the first sentence is inserted after the phrase "a person who is
a participant in proceedings under section 109 (b). g) can in the construction management
apply only to the extent that the present intention of the
without prejudice to the public interest of which is under a special legal protection
prescription deals. "and in the third sentence, after the words" in the first sentence "
the words "and the second,".
38. In paragraph 116, at the end of paragraph 1, the following sentence "public service agreement
in the case of intent cannot be closed, for which it was issued an opinion on the
assessment of the environmental effects of the implementation of project on the environment. ".
39. In § 117 paragraph 1 reads:
"(1) if the client agreement with an authorized inspector of the inspection
project documentation of buildings, which intends to make, the authorized
assess the project documentation instead of office building
the factors listed in § 111 paragraph. 1 and 2, if it is not a building that is
marked with a special legal regulation as ineligible for assessment
authorized by an inspector, or for the purposes for which it was issued
opinion on the implementation of the intent of the assessment of the effects on the environment,
or for the construction, the Building Authority has decided in land use decisions in the
If significant effects on other land and buildings with a common boundary
the building land. The contract is an authorized inspector
obliged to notify the building authority without undue delay. ".
40. In paragraph 118 at the end of the text of paragraph 5, the words "shall be added; This does not apply
for the purposes for which it was issued an opinion on the implementation of an environmental assessment
project on the environment ".
41. In paragraph 193, the words "§ 61 para. 5 "shall be replaced by the words" § 61 para. 3 "
the words "§ 64 para. 7 "the words" § 64 para. 6 "and the words" § 66 para. 6 "words
"section 66 paragraph 1. 5. "
Article. (VI)
Transitional provisions
1. the territorial proceedings pursuant to § 91 of the construction law, in the version in force
before the date of entry into force of this Act, pending final
decision before the date of entry into force of this Act shall be
interrupt the effective date of this Act. A request made pursuant to § 91
paragraph. 4 building code, in the version in force before the date of entry into force of
This Act, before the date of entry into force of this Act shall be deemed to
notification pursuant to section 6 of the Act No 100/2001 Coll. on environmental impact assessment
the environment, in the version in force from the date of entry into force of this
law, and the Building Authority shall forward to the competent authority together with the
documentation, the influence of the project on the environment; in territorial control can be
continue following the opinion pursuant to § 9a, para. 1 of the Act No 100/2001
Coll. on environmental impact assessment, in the version in force from the date of
entry into force of this Act.
2. the procedures are administrative procedures initiated before the date of the acquisition of
the effectiveness of this Act and notices, notifications or requests made prior to the
the effective date of this Act, the Building Authority in accordance with
the existing legislation.
3. where the opinion of the competent authority has been issued under section 65 paragraph 1. 5
building code, in the version in force before the date of entry into force of this
the law, regulatory plan, and issues shall be drawn up in accordance with the existing laws,
regulations.
4. the administrative proceedings pending a decision, to whose leadership is competent
According to § 13 para. 8 of the building code, in the version in force after the date of acquisition
the effectiveness of this law, the local authority of the municipality with extended competence,
interrupt the effective date of this Act and the Building Authority
pursuant to the building Act, effective before the date of entry into force of this
law, shall promptly forward the entire file to the competent authority
According to § 13 para. 8 of the building code, in the version in force after the date of acquisition
the effectiveness of this Act.
5. for the purposes for which it was issued an opinion on the assessment of the effects
implementation of project on the environment according to the law on environmental impact assessment
on the environment, in the version in force before the date of entry into force of
This Act, the zoning and planning decision is not issued, again if the territorial
decision repealed before the date of entry into force of this Act.
PART FIVE
Amendment of the Act on integrated prevention
Article. (VII)
In § 13 para. 5 of the Act No. 76/2002 Coll. on integrated pollution prevention and
control of pollution, on the integrated pollution registry and amending
Some laws (law on integrated prevention), as amended by Act No.
69/2013 Coll., second sentence, including footnote No 14 be deleted.
PART SIX
Amendment of the Act on water supply and sewerage networks
Article. (VIII)
In section 27 of Act No. 276/2001 Coll. on public water supply and sewerage Act
the need for, and on amendments to certain acts (the Act on water supplies and sewerage Act),
as amended by Act No. 320/2002 Coll., Act No. 76/2006 Coll. and Act No.
275/2013 Coll., paragraph 1 reads:
"(1) unless otherwise provided by this Act shall be exercised by the State administration on
Department of water supply and sewerage municipal authorities of municipalities with extended powers and
municipal authorities in the territory of military újezdů as the dam authorities. ".
PART SEVEN
The EFFECTIVENESS of the
Article. (IX)
This Act shall take effect on the first day of the calendar month
following the date of its publication.
Hamáček in r.
Zeman in r.
Sobotka in r.