Financial Compensation For The Injury Resulting From The Restrictions Of Agricultural Hospodař.

Original Language Title: finanční náhrada za újmu vzniklou omezením zemědělského hospodař.

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60535&nr=432~2F2005~20Sb.&ft=txt

432/2005 Sb.



DECREE



of 18 May. October 2005,



laying down the conditions and method of providing financial compensation for

injury resulting from farming pattern restrictions and requirements

a claim



Ministry of environment and Ministry of agriculture lays down

According to § 58 para. 6 of Act No. 114/1992 Coll., on nature and landscape protection,

as amended by law No 218/2004 Coll. (hereinafter the "Act"):



§ 1



The subject of the edit



This Decree lays down the conditions for granting the financial compensation for injury

the resulting limitation of farming within the meaning of § 58 para. 2

Act (hereinafter referred to as "substitute"), claim, Essentials

a claim and how to determine the amount of compensation in cases where restrictions

farming was established as a result of



and the prohibition of fertilisation) prohibition of the use of the manure, XT r Combi juices and other

liquid waste on the grassland ^ 1)



b) prohibition of the use of biocides in fruit orchards, vineyards and hop gardens,



(c) temporary exclusion) farming on grassland ^ 1)



(d) the prevention of the entry of livestock) on part of the land,



(e)) reduce the load on grass ^ 1) dobytčími units



(f) the term cuts to offset) grassland ^ 1)



(g)) the exclusion or reduction of the fish stock, or due to other constraints

leading to a reduction of fish stock,



h) changes in species composition, fish stock or



I) emergency or cost of more ambitious measures.



§ 2



Definition of terms



For the purposes of this Ordinance, means the



and the economic use of agriculture) agricultural land way

the corresponding characteristics of the kinds of land use and land

under special legislation ^ 2) and farming on the ponds with

breeding of fish and water fowl ^ 3),



(b)) about the flat water flooded part of the cadastral area of the pond when the

a normal surface.



§ 3



The provision of compensation



(1) if there is a change in the owner or lessee in the calendar

year in which the damage occurred or persisted, it has the compensation for the period when

agricultural land or pond with fish or aquatic breeding poultry (

"the land") owned or had rented.



(2) compensation of the injury caused to the pond with the vícehorkovým business cycle

shall be paid at the end of the cycle on the basis of applications filed in each of the

cycle calendar years within the period specified in § 58 para. 3 of the Act.



(3) the applicant is included in the register of agricultural land use in accordance with

user relations ^ 4), in the case of a plot of land on farmland about

an area of 0.5 ha.



§ 4



The elements of a claim and claim pattern



(1) an application for refund has



a) trade name or name, identification number, if assigned,

registered office and legal form, name and surname of the statutory body or other

the person authorized to act as a legal person, when the applicant is a legal

person,



(b)) first and last name, possibly the Appendix ^ 5), date of birth, number of the

identity card, or other similar card evidencing

identity, identification number, if assigned, place of residence

stay, when the applicant is a natural person,



c) bank details: name and address of the financial institution, account number, the code

the Bank, the specific symbol, the refund is to be granted to the applicant at the

account,



(d) the amount of compensation calculated) in accordance with this Ordinance,



(e) the justification of the claim) by reference to the provisions of the Act, where appropriate, detailed

legislation or to a specific final decision, binding

opinion or consent on the basis of the law or its implementing

the legislation, which implies limitations



f) assessment (desktop), for which the refund applies, in hectares, with

accurate to two decimal places,



(g)) the attachment, except farming on a small pond with vícehorkovým

economic cycle, when the applications are submitted in calendar years before the

the termination of the economic cycle of the pond without the attachment.



(2) the annex to the application contains



and an extract from the land register) not older than three months or lease

a contract for the land,



(b) the reference of the number) of the land on which the refund is applied, the injury



c) affidavit that the applicant possessed, or had rented land

time to apply to pay injury on that land,



(d)) copy of the cadastral map showing part of the land on which it is

refund is applied; If the parcel is registered in a simplified manner ^ 6)

a copy of the cadastral map, supplemented by an indicative mapping of the parcels from an earlier

land records,



(e)) kind of land ^ 7), a type of farming cultures according to the records of the use of

agricultural land according to user relationships ^ 8), in the case of

agricultural land,



f) proof that the financial contribution under the restrictions of the

for the protection of nature, pursuant to section 69 of the Act or under a special

Law ^ 9) including confirmation of its amount, where appropriate, the Honorable

a statement that has not been granted,



g) proof of financial amount provided on the land on which the refund is

requested from public funds in the form of a grant, contribution or compensation

the purpose of the limits to which the applicant claims compensation, in

calendar year for which the refund is requested, the owner or

the tenant of the land, or affidavit that such amount was not

granted; If these sums paid in previous years from the

public budgets in relation to the calendar year for which the refund is

required, the applicant shall provide also evidence about these financial amounts,



h) final decision, binding opinion or consent to the

the basis of the law or its implementing legislation, which implies

restrictions,



and the final decision), which implies restrictions on the

the basis of the damage occurred or persisted ^ 10), or affidavit that

such a decision has not been issued,



j) affidavit, that the restrictions to which the applicant claims compensation

avoid concurrently in full or in part, on the basis of other legal

the title, if there is,



k) certificate of inclusion in the register of farmland under

user relations ^ 4), in the case of a plot of land on agricultural land;

If the amount does not exceed 0.5 ha of land, the applicant shall demonstrate this acknowledgement in

If it is already included in the register,



l) to calculate the amount of compensation under this Ordinance including input

the data used for the calculation,



m) the amount corresponding to the reduction in the normal volume of production from another

restrictions on farming than the restriction referred to in § 58 para. 2

the Act or event, or item of a sworn statement that there was no

This reduction,



n) contract, resulting in a corresponding contract limit restrictions on

which the applicant submits a replacement, if it was agreed, where appropriate, the Honorable

a statement that the contractual restrictions.



The model statutory declaration is given in annex 1 to this notice.



(3) if it is about the management of pond fish farming, or water

poultry, annex of the application in addition to the data referred to in paragraph 2 includes



and permission to load) with the waters under a special legal

prescription ^ 11),



(b)) basic information about the location of the pond pond, in particular from land register

real estate, about the area, according to the category of economic exploitation,

the average depth, calculation or estimation of displacement of water at normal

the surface,



(c) management and registration) registration of an indication of the economic result

in the fish farming under special legislation centred ^ 12)



(d)) the decision to be valid exception when using substances harmful to certain

ways to use granted under a special legal regulation ^ 1), if the

has been granted.



(4) in the case of other restrictions on farming within the meaning of § 58

paragraph. 2 of the Act than those referred to in paragraph 1 of the annex contains the document request

the requirement is



and description of the specific impact of restrictions) on forest management,



(b) the procedure for calculating the amount of compensation),



(c)) the input data used for the calculation; If there are input in the

paper, are part of the document,



(d) the amount of compensation) calculated on the basis of the information referred to in

(a) to (c)).)



(5) a claim is given in annex 2 to this Decree.



§ 5



How to determine the amount of compensation for restrictions on agricultural land management



How to determine the amount of the refund for the cases referred to in § 1 (b). a) to i)

is given in Appendix 3 to this notice.



§ 6



Common provisions



From the compensation calculated in accordance with § 5 and 6 shall be deducted the amount of the corresponding

reduction of the usual volume of production from any other constraint

farming than the restriction referred to in § 58 para. 2 of the Act,

or from the item of the event, and the amount granted to the owner or lessee

the land of public budgets in the form of a grant, contribution or compensation

the purpose of the limits to which the applicant applies for a refund.



§ 7



The effectiveness of the



This Decree shall enter into force on 1 January 2000. November 2005.



The Minister of the environment:



RNDr. Ambrozek in r.



Minister of agriculture:



Ing. Zgarba in r.



Č. 1



PATTERN



The applicant's affidavit of financial compensation for injury resulting from restrictions


farming



A. when the applicant is a natural person:



Surname:.....................: name........ * Appendix:.........



*IČO: ......................



Date of birth:............



Place of residence:.................. ZIP/POSTAL CODE:



Affidavit



1. I declare that I have owned (and) (he had rented) plot of land,

on which the refund is applied, the period for which the

I assert it compensation for the damage.

* 2. I declare that I was not eligible for a financial contribution for the

restriction for reasons of nature conservation pursuant to section 69 of the Act.

3. I declare that the refund has been granted under the Special

Law ^ 9).

4. I declare that the amount of funding has been granted to the

a plot of land in the form of subsidies from public funds, the contribution

or compensation for the purpose of appropriate restrictions on which

I assert a refund.

5. I declare that the decision has not been issued, binding

opinion, nor consent, which would imply the alleviation

restrictions, based on which the damage occurred or persisted.

6. I declare that the restrictions to which I assert compensation

avoid concurrently in full or in part on the basis of

other legal title.

7. I declare that there has been no reduction in the usual volume of

production from another farming restrictions than

the restriction is in accordance with § 58 para. 2 of the Act, or item of

event.

8. I declare that the contract has been concluded, in which I

at some point, (and) the limitations to which I assert a refund.



* Delete where inapplicable.



I am aware of (a) the legal implications of untruthfulness of this Honourable

statement.



Date and location:............... signature:...............



(B) if the applicant is a legal entity:



Business name or name:.....................................



Name and surname of the statutory body or other person authorised for

Organization Act:.............................................



IČO: .......................



Legal form:........................



Sídlo: ................... PSČ: ..........................



Affidavit



1. I declare that the above legal persons owned

(she had rented) the land on which the refund is applied, the

during the period, for which it claims compensation for the damage.

* 2. I declare that the above legal person has not been

financial contribution under the restrictions for the protection of

pursuant to section 69 of the law of nature.

3. I declare that the above legal person has not been

compensated by a special legal regulation ^ 9).

4. I declare that the amount of funding has been granted to the

a plot of land in the form of subsidies from public funds, the contribution

or compensation for the purpose of appropriate restrictions on which of the above

the said legal person submits a refund.

5. I declare that the decision has not been issued, binding

opinion, nor consent, which would imply the alleviation

restrictions, based on which the damage occurred or persisted.

6. I declare that the restrictions to which the aforementioned legal

the person claims a refund did not arise in full or concurrently

partly on the basis of other legal title.

7. I declare that there has been no reduction in the usual volume of

production from another farming restrictions than is

restrictions pursuant to § 58 para. 2 of the Act, or the item event.

8. I declare that the contract has been concluded, in which the

bind the legal person referred to above, the restrictions on the

it applies for a refund.



* Delete where inapplicable.



I am aware of (a) the legal implications of untruthfulness of this Honourable

statement.



Date and location:............... the signature of the person who is a member of

statutory authority or

the person who is entitled under

Organization Act:



...............................



Č. 2



Application for compensation for the worsening of the farming



Č. 3



How to determine the amount of the refund



1. the amount of compensation for injury suffered as a result of the ban, prohibition of fertilization

the use of manure, XT r Combi juices and other liquid wastes on the grass

the stands of "^ 1") is calculated according to the formula



NZ1 = AZ. p,



where



NZ1 = annual compensation of the injury incurred as a result of the ban, prohibition of fertilization

the use of manure, XT r Combi juices and other liquid wastes on the grass

the stands of ^ 1) in Eur,



AZ = rate of refund for the prohibition of fertilization on 1 hectare of grassland ^ 1)

CZK/ha/year,



a = area of land in ha, on which the applicant claims compensation for the damage, with the

an accuracy of two decimal places.



2. the amount of compensation for injury resulting from the prohibition of the use of biocides in the

orchards, vineyards and hop gardens will be calculated according to the formula



NZ2 = Poi. p,



where



NZ2 = annual compensation for the injury resulting from the prohibition of the use of biocides in the

orchards, vineyards and hop gardens in CZK,



BZ = rate of compensation for a ban on the use of biocides in 1 ha of Orchard,

the vineyard or hop yard in CZK/ha/year,



a = area of land in ha, on which the applicant claims compensation for the damage, with the

an accuracy of two decimal places.



3. The amount of compensation for the injury suffered as a result of the temporary exclusion of management

on the Grassland "^ 1") is calculated according to the formula



Nz3 = CZ. p,



where



NZ3 = annual compensation of the injury incurred as a result of the temporary exclusion

farming on grassland ^ 1) in Eur,



CZ = the rate of compensation for the temporary exclusion of farming on 1 ha of grass

^ 1) stands at Eur/ha/year,



a = area of land in ha, on which the applicant claims compensation for the damage, with the

an accuracy of two decimal places.



4. The amount of compensation for the injury suffered as a result of preventing the entry of economic

animals on part of the land shall be calculated



and the case of a rigid enclosure,) consisting of wooden posts and three permanent

horizontal layers of barriers (barriers, or a combination of wood with

the galvanized wire), with a life of at least ten years,

on a one-off basis according to a formula



NZ4 = DZ. l,



where



NZ4 = one-time compensation arising from the avoidance of entry

livestock on the fixed part of the land of the fence

wooden posts and three permanent horizontal layers of barriers (wooden

barriers or a combination of the galvanized wire with) for a period of at least ten

years, in Eur,



DZ = refund rate for 1 km of a prefabricated enclosure in CZK/km/year,



l = number of km fence,



(b) If a portable electric fence) with two conductive

horizontal layers of odstranitelnými every year



1. in the year of acquisition of the fence on a one-off basis according to a formula



NZ5 = (EZ + FZ). l,



where



NZ5 = lump sum compensation arising from the avoidance of entry

livestock on the land portion of the fence with portable electric

two conductive layers, odstranitelnými, annually for eight years, in the

CZK,



EZ = rate of compensation for the acquisition of 1 km of a portable electric fence in

CZK/km/year,



FZ = refund rate for the use of portable electric fence 1 km in

CZK/km/year,



l = number of km fence,



2. in the use of protections according to the formula



NZ6 = FZ. l,



where



NZ6 = annual compensation arising from the avoidance of entry

livestock on the land portion of the fence with portable electric

two conductive layers odstranitelnými annually in use in CZK,



FZ = refund rate for the use of 1 km portable electrical isolation barriers in

CZK/km/year,



l = number of kilometres of fencing.



5. the amount of compensation for the injury caused as a result of the reduction of the load

crop ^ 1) dobytčími units is calculated by the formula



NZ7 = (GZ-HZ). COI. p,



where



NZ7 = annual compensation of the injury caused as a result of the reduction of the load

crop ^ 1) dobytčími units in Eur,



GZ = load average dobytčími units per 1 ha of grass

crop ^ 1), to which the applicant claims compensation for the damage, in the calendar year

prior to the emergence of constraints, but no more than 0.8 livestock units per 1

HA,



HZ = number of livestock units per 1 ha of grassland ^ 1)

the applicant claims compensation on 1 ha



COI = refund rate per livestock unit in Eur/ha/year,



a = area of land in ha, on which the applicant claims compensation for the damage, with the

an accuracy of two decimal places.



6. the amount of compensation for injury resulting from a shift of the term cuts on grass

the stands of ^ 1) is calculated



and if) this is a grassland as ^ 1) falling within the scope of

H ^ 2), and the term of the first cutting is ordered after 15. July calendar

the year for which the applicant claims compensation for the damage, according to the formula



NZ8 = JZ. p,



where



NZ8 = annual compensation resulting from a shift of the term cuts on

sward ^ 1) falling within the field of type H ^ 14) after 15. July

calendar year for which the applicant claims compensation for the damage, in Eur,



JZ = rate of compensation for the offset term cuts on 1 hectare of grass

crop ^ 1) in Eur/ha/year,



a = area of land in ha, on which the applicant claims compensation for the damage, with the

accurate to two decimal places,



(b)) in the case that this is a grassland as ^ 1) located outside the area of

Type H ^ 2), and the term of the first cutting is ordered after 15. June calendar

the year for which the applicant claims compensation for the damage, according to the formula



NZ9 = JZ. p,



where



NZ9 = annual compensation resulting from a shift of the term cuts on

sward ^ 1) located outside the area of H ^ 14) after 15.

June of the calendar year for which the applicant claims compensation for the damage, in

CZK,




JZ = rate of compensation for the offset term cuts on 1 hectare of grass

crop ^ 1) in Eur/ha/year,



a = area of land in ha, on which the applicant claims compensation for the damage, with the

an accuracy of two decimal places.



7. The amount of compensation for the injury suffered as a result of extraordinary or cost

more ambitious measures on agricultural land management in cases

When you cannot follow points 1 to 6, shall be calculated



and, as a result of the extraordinary measures) on a one-off basis according to a formula



NZ10 = KZ,



where



NZ10 = one-time compensation incurred as a result of extraordinary measures

in Eur,



KZ = economically justified costs of extraordinary measures in CZK,



(b) as a result of a more cost-effective) measures on a one-off basis according to a formula



NZ11 = LZ-MZ,



where



NZ11 = lump sum compensation arising from the implementation of cost-more

measures in CZK,



LZ = economically justified costs on cost-demanding measures in

CZK,



MZ = economically justified costs of farming in the usual way.



Variable patterns of AZ, BZ, CZ, DZ, EA, FZ, COI and South-West are variable, and sets out the

the Ministry of environment in cooperation with the Ministry of

Agriculture in the Ministry of the environment.



8. the amount of compensation for the injury caused as a result of the exclusion or reduction of the fish

stock or due to other constraints leading to the reduction of

fish stock is calculated according to the formula



NV1 = AV. p-BV. (Q-q). 0.7,



where



NV1 = replacement for injury caused as a result of the exclusion or reduction of the fish stock

or due to other constraints leading to the reduction of fish

stock, applied for a one-or vícehorkový business cycle

the pond, in Eur,



AV = value, which corresponds to the sales reduced by the part corresponding to the proportion

the variable costs per 1 ha flooded areas, set out the rate for

the climate area and the length of the business cycle of the pond, in the

CZK/ha,



Q = total mass of výlovku from the pond in the economic cycle, for which

the applicant submits to the pond compensation, in kg,



q = total weight of the shaft into the pond in the economic cycle, for which

the applicant submits to the pond compensation, in kg,



BV = MSRP fish established under a special legal regulation ^ 15)

last year economic cycle, for which the applicant for the pond

applies to pay, at a rate provided for in CZK/kg



p = flooded area in hectares taken from a valid decision on the management of

waters ^ 11), with an accuracy of two decimal places; If it is not listed in the

as the decision on the management of water, pegged according to fact.



Climatic areas are marked on the map, which the Ministry of

of the environment publish manner allowing remote access.

Variable patterns of Av, Bv, are variable, and sets out the Ministry of

the environment in cooperation with the Ministry of agriculture in the

Journal of the Ministry of the environment.



9. the amount of compensation for the injury caused due to changes in species composition in order

shall be calculated according to the formula



Nv2 = 0.7. sum [(QR-qR). Br]. -0.7. sum [(Q0-q0). B0],



where



Nv2 = indemnification arising due to changes in species composition in order,

applied for a one-or vícehorkový the economic cycle of the pond, in the

CZK,



QR = the average weight of each species of fish that you deploy výlovků in

three of the reference business cycles in the pond, in kg,



QR = the average weight of each species of fish stocks that are deployed in the

three of the reference business cycles in the pond, in kg,



BR = usual prices established under a special legal regulation ^ 15)

last year economic cycle, for which the applicant claims compensation

each species of fish that are deployed in the three reference marketing

cycles into the pond, in CZK/kg



Q0 = mass of výlovků each species of fish from the pond in the

the economic cycle, for which the applicant claims compensation, in kg,



q0 = weight of each species of fish stocks that are deployed in the pond in the

the economic cycle, for which the applicant claims compensation, in kg,



B0 = usual prices established under a special legal regulation ^ 15)

each species of fish in the last year of the cycle, for which the applicant

apply a refund in Eur/kg.



Three reference single-or vícehorkovými cycles are

the last three economic cycles, sustainable: in the stock pond

management and achieved economic result ^ 12), before the acquisition

the decision, a binding opinion or consent issued by the

the basis of the law or its implementing legislation, which limits

It follows.



10. The amount of compensation for the injury suffered as a result of extraordinary or cost

more ambitious measures to rate management in the case where you cannot

proceed in accordance with section 8 or 9 shall be calculated



and, as a result of the extraordinary measures) on a one-off basis according to a formula



Nv3 = CV,



where



NV3 = lump sum compensation incurred as a result of extraordinary measures

in Eur,



CV = economically justified costs of extraordinary measures in CZK,



(b) as a result of a more cost-effective) measures on a one-off basis according to a formula



Nv4 = DV-EV,



where



NV4 = lump sum compensation incurred as a result of cost-

more ambitious measures in CZK,



DV = economically justified costs on cost-demanding measures in

CZK,



EV = economically justified costs of farming in the usual way.



1) § 3 (b). b) of law No. 252/1997 SB., on agriculture, as amended by law

No 128/2003 Coll.



2) Decree No 190/1996 Coll., implementing Act No. 265/1992 Coll., on the

the minutes of ownership and other rights in rem in immovable property, as amended by

Act No. 210/1993 Coll. and Act No. 90/1996 Coll., and act of the Czech national

Council No. 344/1992 Coll., on the land register of the Czech Republic

(Act), as amended by law No. 89/1996 Coll., as amended by

amended.



3) § 1 (1). 3 of Act No. 337/1992 Coll., on the protection of agricultural land

the Fund.



Act No. 99/2004 Coll., on fish farming, fishing, fishing rights performance

Guard, protect the marine fishery resources and on amendments to certain laws

(Fisheries Act).



4) § 3e of law No 249/1997 Coll., as amended by Act No. 128/2003 Coll.



5) § 9 para. 1 of the commercial code.



6) § 29 para. 3 of law no 344/1992 Coll., on the real estate of the Czech

Republic (cadastral law).



7) § 2 (2). 3 of law no 344/1992 Coll., as amended by law No. 89/1996 Coll., and

Act No. 121/2000 Coll.



8) § 3 of law No 249/1997 Coll., as amended by Act No. 128/2003 Coll.



9) for example, Act No. 289/1995 Coll., on forests, and amending and supplementing

Some laws (forest law), law No. 115/2000 Coll., on the provision of

compensation for damage caused by protected animals, especially selected in

as amended.



10) for example, § 43 of Act No. 114/1992 Coll., on nature and landscape protection,

as amended by law No 218/2004 Sb.



11) Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

the law).



12) Annex 1B of the Decree No. 197/2004 Coll., for the implementation of Act No 99/2004

Coll., on fish farming, the performance of the fishing rights, Fisheries Guard, protection

marine fishery resources and on amendments to certain acts (the Act on

the fishing industry).



13) § 39 para. 7 (b). b) and d) of the Act No. 254/2001 Coll.



14) paragraph 4 of Decree-Law No 242/2004 Coll., on conditions for the implementation of assistance

less favourable areas and areas with environmental restrictions.



15) Act No. 151/1997 Coll., on the valuation of assets and amending certain

laws (law on the valuation of assets), as amended by Act No. 121/2000 Coll.

Act No. 235/2004 Coll. and Act No. 256/2004 Coll.