Amendment Of The Act On Environmental Impact Assessment

Original Language Title: změna zákona o posuzování vlivů na životní prostředí

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=83688&nr=39~2F2015~20Sb.&ft=txt

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.