349/2009 Sb.



LAW



of 11 December 1997. September 2009,



amending Act No 114/1992 Coll., on nature and landscape protection, in

as amended, and Act No. 161/1999 Coll., promulgating

Czech Switzerland national park, and Act No 114/1992 Coll., on the

nature and landscape protection, as amended, as

amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on nature and landscape protection



Article. (I)



Act No. 114/1992 Coll., on nature and landscape protection, as amended by Act No.

289/1995 Coll., Constitutional Court declared under no. 3/1997 Coll.

Law No 16/1997 Coll., Act No. 123/1998 Coll., Act No. 161/1999 Coll.

Act No. 244/1999 Coll., Act No. 132/2000 Coll., Act No. 76/2002 Coll.

Act No. 320/2002 Coll., Act No. 100/2004 Coll., Act No. 168/2004 Coll.

Act No. 218/2004 Coll., Act No. 387/2005 Coll., Act No. 444/2005 Coll.

Act No. 186/2006 Coll., Act No. 222/2006 Coll., Act No. 262/2006 Coll.

Act No. 124/2008 Coll., Act No. 167/2008 Coll., Act No 312/2008 Coll.,

Law No 223/2009 Coll. and Act No. 227/2009 Coll., is amended as follows:



1. In article 3, paragraph 3. 1 letter d) is added:



"d) wild animal (" animal ") is an individual animal

the species whose populations are maintained in nature spontaneously, including

individuals reared in human care discharged in accordance with the laws

provisions into the countryside. Animal means all developmental stages

of an individual. Feral populations of individual species has stopped for the

a wild animal is not considered, ".



2. In article 3, paragraph 3. 1, the following point (d)) the following point (e)), including

footnotes 1 and 1a is added:



"e) animal bred in human care is the individual animal species

born and bred in a controlled environment, "^ 1") as a child of the parents

obtained in accordance with this Act and the legislation in the field of

trading in endangered species ^ 1a),



1) Article. 1 point 4 of Commission Regulation (EC) no 865/2006 of 4 July 2006 May 2006 on

the detailed rules for implementing Council Regulation (EC) No 338/97 on the protection of species

of wild fauna and flora by regulating trade therein

with these species.



1A) Act No 100/2004 Coll., on the protection of species of wild fauna and

flora by regulating trade therein, and other

measures to protect these species and on amendments to certain acts (the Act on

trading in endangered species), as amended by Act No 444/2005 Sb.



Council Regulation (EC) No 338/97 on the protection of species of wild fauna and

flora by regulating trade therein.



Commission Regulation (EC) no 865/2006 laying down detailed rules for implementing regulation

Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora

flora by regulating trade in those species. ".



Subparagraph (e)) to t) shall become letters (f))).



Former footnote No. 1 and 1e are referred to as comments below

line 1b to 1 g, including references to footnotes.



3. In article 3, paragraph 3. 1 letter f) is added:



"f) rescue station is a device on a specifically defined territory

scope provides a comprehensive care for all animals temporarily

Unable to survive in the wild in order to restore them to the nature,

animals permanently unable to survive in the wild provides, if

appropriate and efficient due to their medical condition, corresponding to the

long term care, provides information on the causes of the threat and the appropriate

ways to protect animals and can cooperate in implementing the measures

to prevent injury to or death of the animals ".



4. In article 3, paragraph 3. 1 (b). (h)), the word "fourth" replaced by the word "fifth".



5. In section 3, paragraph 3. 1 the letter r) reads as follows:



"r) Natura 2000 ^ 1 g) is the whole territory of the European system is laid down by the

the degree of protection that allows you to retain the European habitat types ^ 1 d)

and the European species ^ 1f) in their natural range

the extension is in a favourable conservation status or, where appropriate, allow the

This State to restore. On the territory of the Czech Republic is made up of the Natura 2000 network

defined areas of birds ' and embodied European major

sites ".



6. In section 3, paragraph 3. 1, the letter t) following the letter u), which read as follows:



"u) or site complexity includes bird area

means the cohesion of organic structures and functions includes

site or bird area assessed in relation to their

of protection ".



Letter u) is referred to as the letter v).



7. in section 3, paragraph 3. 2, the words "those types of European habitats [paragraph 1

(a). m)], including the priority, and the most significant European species [paragraph 1

(a). n)], including the priority "is replaced by" types of European

habitats and includes species ".



8. In section 4, paragraph 3, including footnote # 3a is added:



"(3) the Binding opinion of the environmental protection authority in terms of this Act,

It is also necessary for the approval of forest plans and

protokolárnímu pass forest curriculum ^ 2), to deforestation and

afforestation of land over 0.5 ha and to the construction of forest roads and forest

amelioration systems. To the growing and mining interventions in the Woods

carried out in accordance with the forestry economic plan or formally received

an outline and apply the economic forest in exploratory mining, binding

the opinion of the environmental protection authority is not required. A binding opinion on the

the approval of the forest plans and forest protokolárnímu pass

economic curriculum shall be issued, at the request of the competent authority of the State

forest management. To binding opinions issued after a period of 60 days from the delivery of

request to the competent authority for nature protection shall be disregarded. If so requested by

the owner of the ^ 3a) on the preliminary information pursuant to § 90 para. 17 of the conditions

the release of the corresponding binding opinions on the approval of the forest

the marketing plan, the competent authority shall provide this information as a general rule

to the date of the basic investigation, no later than 60 days from the receipt of the

request.



3A) § 58 para. 1 of law no 289/1995 Coll., on forests, and amending and supplementing

certain acts, as amended. ".



9. in paragraph 4, the following paragraph 4, including footnote # 3b

added:



"(4) in proceedings for the issue of a binding opinion referred to in paragraph 3

nature protection authority also carries out assessments of forest

economic plans and forest management curriculum for includes

site or bird area. Nature protection authority shall not issue a favourable

a binding opinion on the approval of the forest plans and

protokolárnímu pass forest curriculum, if they should

a significant negative effect on the positive State of the subject-matter to the European

important bird area or site. In other cases, the authority

nature conservation issues a favourable opinion of the binding. Binding opinion

to the approval of the forest plans and protokolárnímu pass

forest management curriculum is replaced by a reasoned opinion pursuant to § 45i

paragraph. 1. The procedure for the assessment of the effects of forest plans and

forest curriculum shall not apply the provisions of the special legal

the rules on the assessment of the effects on the environment ^ 3b).



3B) 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. ".



10. in § 5 para. 5, after the words "hybrids" is inserted after the word "species".



11. in section 5, paragraph 5, the following paragraph 6 is added:



"(6) the nature protection authority may decide, in accordance with the Special

^ 4b) legislation on catches, geographically alien animals,

including the determination of terms and conditions. ".



Paragraphs 6 to 10 shall be renumbered as paragraphs 7 to 11.



12. in section 5 paragraph 9 is added:



"(9) the emergency station may only be operated on the basis of the decision of the

Ministry of the environment for authorisation for the operation of the rescue

the station, in which shall be the place where salvage station

located, defining its territorial scope and degree of care that you can

rescue station to provide with regard to its facilities and support

facilities. In the application for a permit for the operation of the rescue station must be

designed a range of care provided, defining the territorial scope and described

its personnel, organizational and technical support. The Ministry of

of the environment's decision will require the opinion of locally

competent authority to protect animals, hunting and Veterinary Administration ^ 4b).

Sign "emergency stop" can be used only by the person who is the holder of

a valid permit to operate the station under this provision (hereinafter

"the rescue station operator"). Ministry of the environment

leading the list of rescue centres and exposes it in a manner allowing

remote access ".



13. In article 5a, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



14. in section 5b of the paragraph. 4, the words "implementing regulation"

replaced by the words "measures of a general nature, which".




15. In section 8, paragraphs 1 to 3, including footnote No 6-6b:



"(1) to the felling of trees is necessary to enable the environmental protection authority,

If it is not stipulated otherwise. A permit may be issued for serious reasons after

evaluation of the functional and aesthetic importance of tree species. Permits for felling

trees on the road authority grounds of nature protection issued only after

agreement with the road administrative authority ^ 6) and cutting down trees for

Rail Authority for nature conservation to issue only in agreement with the

railway administrative authority ^ 6a).



(2) the authorization is not necessary for cutting down trees for reasons of production, it is for the

to restore the stands or in the implementation of educational thinning stands,

maintenance of riparian vegetation in the manage water flows, to

the removal of tree species in the protection zone of the power equipment and

gas system carried out in operating these systems ^ 6b) and of the

reasons of health, unless this Act provides otherwise. Felling of

these reasons must be notified in writing at least 15 days in advance of the authority

protection of nature, which is may suspend, limit or prohibit, if

contrary to the requirements of the protection of the species.



(3) a permit is not required for cutting down trees with a fixed size,

or other characteristics. This size, or other

characteristics of the Ministry of the environment shall determine in General

binding legislation.



6) § 15 para. 2 of Act No. 13/1997 Coll., on the road,

amended by Act No. 80/2006 Coll. and Act No. 186/2006 Sb.



6a) § 10 para. 1 Act No. 266/1994 Coll., on rail, as amended by Act No.

175/2002 Sb.



6B) for example, § 47 para. 2 (a). b) of Act No. 254/2001 Coll., on the waters and

on amendments to certain acts (the Water Act), § 24 para. 3 (b). (g)), section 25

paragraph. 4 (b). (h)), § 58 para. 1 (b). (f)) and section 59 paragraph 1. 1 (b). (f)) of the Act

No. 458/2000 Coll., on conditions for business and the public administration in

energy sectors and on amendments to certain acts (the Energy Act),

as amended. ".



16. In section 8, paragraph 5 is added:



"(5) the Ministry of the environment shall lay down the implementing

Regulation of illegal intervention in the tree species, which are in conflict with the requirements of

for their protection, the requirements for an application for authorisation of the cutting down of trees

growing outside the forest, the essentials notice of felling of trees and the period in

felling trees normally the done. ".



17. in § 19 para. 2 the words "in the form of generally binding decrees" are replaced by

the words "measures of a general nature".



18. in section 20 (2). 2 the first sentence, after the words "representatives of the municipalities"

the words "and regional".



19. in § 24 para. 2, the second sentence shall be deleted.



20. In article 24, paragraph 3 reads:



"(3) the amounts of the fees referred to in paragraphs 1 and 2, the class of persons exempted from the

the fee pattern confirmation of payment of the fee or the confirmation of

exemption from the fee and to determine the selected places on the territory of the national

the Park, to which the obligation to pay the entry fee applies, shall lay down the

Ministry of the environment implementing regulation. ".



21. in paragraph 29, point (d)):



"(d)) to enter and enter the outside path markings with the consent of the authority

nature protection, in addition to the owners and tenants of land, those providing

forest and agricultural management, defence and protection of the State borders,

fire protection, health and veterinary service, in the exercise of this

activities ".



22. in § 37 para. 1 the first sentence, after the words "specially protected areas"

the words "with the exception of the protected landscape area".



23. in section 37, paragraph 2 reads as follows:



"(2) For construction activities, 4WD and in editing, to

the use of chemicals and changes in the culture of the land in the protection

the band of the consent of the environmental protection authority. ".



24. in section 39 shall be inserted at the beginning of paragraph 1, the sentence "the protection of the European

major sites is provided on a priority basis, in conjunction with the owners

land. "and in the second sentence, the words" the authority which is entitled to their

the publication of "shall be replaced by the words" by the competent authority for nature protection ".



25. section 40 including the title reads as follows:



"§ 40



The procedure for the promulgation of particularly protected areas and protection zones

These particularly protected areas



(1) if it is necessary to declare the specially protected territories or its protective

zone or designate zones of protection of the National Park and protected landscape

the area referred to in part three of this Act, the nature conservation authority shall ensure

processing of the application for a declaration of especially protected territories, its

the protection zone or the zone definition design protection of National Park

or the protected landscape area. In the design of nature protection authority shall evaluate the

"in the State of the natural environment in the territory and suggests a good way and

the scope of protection of the territory including its detailed trade conditions.



(2) the application for a declaration of national nature reserve, a nature reserve,

national nature monuments, natural monuments or the protection of the

particularly protected areas of nature protection, the competent authority shall send to the

the announcement of the municipalities and regions, whose territory is the design touches. The owners of the

real estate design concerned and registered in the land registry on

shall send written notice of the submission of the draft to discuss together with

information about where it is possible to get acquainted with its full text, who is

entitled to file an objection to it and when the time limit for their submission.

The notice also shall publish on the portal of the public administration.



(3) the application for the publication of the national park or protected area

or their protection zone, or the definition of zones of protection of the National Park

or the protected landscape area shall send the Ministry of the environment

municipalities and regions, whose territory is the design touches. The owners of the real estate

written in the real estate and situated in a territory that has

under this proposal, be newly included in the first or second zone protection

the national park or protected area or the degree of

protection should be increased under this proposal, the inclusion of such territory to

the first or the second protection zone of the national park or nature reserve

the area, the Ministry of the environment shall send written notice of the

submit a proposal for consideration, along with information about where it is possible to

to get acquainted with its full text, who is entitled to file an objection to it and

When the time limit for their submission. Ministry of the environment

Furthermore, publish a notice of the proposal to discuss together with

information about where it is possible to get acquainted with its full text, who is

entitled to file an objection to it and when the deadline for their submission to the

Portal of the public administration. The municipality concerned shall deliver notice of submission

the proposal to discuss a public decree in accordance with § 25 of the administrative code,

within 5 days from the date of their proposal. Along with the notice of submission

the proposal to discuss the municipality concerned shall deliver information about where they can be

familiarize yourself with the full proposal, who is entitled to file an objection to it, and

When the time limit for their submission.



(4) the written objections to the proposal presented to the municipality in question may be applied and

the County within 90 days of receipt of the proposal and the owners of the real estate

the proposed protection concerned within 90 days of receipt of the written

notice of submission of the proposal to discuss, if it is to be written

notification sent by a real estate owner, otherwise within 90 days from the

date of publication of the notice referred to in paragraph 2, where appropriate, the notice

a public decree in accordance with paragraph 3. Objections to the proposal by

paragraph 2 shall be submitted to the competent authority for nature protection to publication

specially protected area or its protection zone referred to in

paragraph 3 the Ministry of the environment; to objections filed after

This time limit shall be disregarded. The owner is entitled to assert the objection just

against the proposed method or the scope of protection which would be

without prejudice to the exercise of its rights or obligations. The nature conservation authority

decide on the objections received within 60 days of the closing date for application of the

-opposition. About each of the objections shall be decided in the common rule

control. Nature protection authority shall indicate the proposal into line with the amendment,

which have been granted.



(5) the details and content of the proposal referred to in paragraph 1 shall provide the Ministry of

the environment of an implementing regulation.



(6) when you change the definition of the method or scope of protection especially protected

the territory of the zone or the protection of the National Park and protected landscape area

procedure referred to in paragraphs 1 to 4 apply mutatis mutandis.



(7) restrictions on owners concerned real estate or the scope of protection under the

the law, which shall be published or amended specially protected territory

or its buffer zone or define or modify the protection zone

the national park or protected area, shall not exceed the scope of

restrictions or the scope of protection resulting from the proposal pursuant to paragraph 1,

modified according to the decision of objections pursuant to paragraph 2 or 3, if

This would have been strengthened or extended existing trade conditions or

the scope of protection of the territory. ".



26. section 43, including the title reads as follows:



"§ 43



Exemptions to the prohibitions in the specially protected territories




(1) the exceptions to the prohibitions in the specially protected territories according to § 16, 26, 29,

34, § 35 para. 2, § 36 odst. 2, § 45 h and 45i in cases where public

interest in significantly outweighs the interest of nature protection, approved in each

case resolution by the Government.



(2) an administrative authority competent to grant the exemptions referred to in paragraph 1 is

The Ministry of the environment. The Ministry after receiving the request for

an exception shall submit such a request within 60 days at the Cabinet meeting. Within 30 days after

discussion in the Government, the Ministry will issue a decision pursuant to Government resolutions.



(3) exceptions to the prohibitions in the specially protected territories according to § 16, 26, 29,

34, § 35 para. 2 and § 36 odst. 2 you can enable in the case where another public

interest outweighs the interest of nature protection or for the protection of

nature, or if the activity does not affect significantly povolovaná

the conservation status of the subject of the protection of especially protected territories.



(4) the exceptions referred to in paragraph 3, by the competent authority for nature protection and

landscape. ".



27. in § 45a para. 2 at the end of the text of subparagraph (c)), the words "or

If to maintain subject-matter is not sufficient protection under section

45 c of paragraph 1. 2. "



28. in paragraph 4 of section 45a is added:



"(4) the disputed site shall notify the Ministry of the environment in the collection

laws in the form of the communication. ".



29. in paragraph 1 of section 45b 2, the words "for the specially protected territories, or the acquisition of

the effectiveness of contractual protection "shall be replaced by" pursuant to section 45 c of paragraph 1. 1 for

significant site "included in the European list.



30. section 45 c, including the title reads as follows:



"§ 45 c



Protection of European significant localities



(1) includes a site included in the European list of announce

within 90 days of the decision of the Commission of the effectiveness of the Government

Regulation, in which each European significant locations indicate his or her

the name, geographic location and size. Means of identification of the renowned

European major sites in the field and provides maps

Ministry of the environment Decree.



(2) includes sites designated under paragraph 1 are protected

before the deterioration and destruction. Use only so as not to

serious or irreversible damage to or the destruction of the European

habitats or the habitats of species requiring European territorial

forming the subject of the protection of protection and not to disturb their

integrity. To interference, which could lead to such adverse

the consequences of, the one who's these interventions intended to obtain approval in advance

environmental protection authority. This paragraph includes the territory of the

sites designated under paragraph 1 shall apply only if not for

them protection under part III of this Act. Protection according to the parts of the second and

the fifth of this Act and the provisions of § 45 h and 45i are not affected.



(3) For maintaining or improving the preserved State of the subject matter in

major European locations provides the Ministry of

environment processing summaries of recommended measures for European

notable sites. Summaries of recommended measures for includes

site and bird area passes into the Ministry of the environment

A central list of nature protection and exposes them on a public portal

Administration.



(4) in order to maintain a favourable conservation status of European habitats or

the habitats of European species which are the subject of protection

European major sites, the territory of the European major sites or

their part declared specially protected areas or here to set up a contract

protected areas according to § 39. If required maintain favourable conservation status

subject-matter includes stricter protection than under the site

paragraph 2 lays down the Government at this site includes

or part of a category of particularly protected areas in which the

the nature conservancy authorities will announce if this protection

guaranteed contractually. Thus the Government is progressing in the case that this European

important location has not yet been declared a specially protected territory and its

protection is not provided or contracted pursuant to section 39.



(5) the nature conservancy authorities within 30 days from the date of publication of the regulation of the Government

referred to in paragraph 1 in the collection of laws in the form of a public decree notifies

According to § 25 of the administrative code of the significant land owners in the European

sites or parts thereof, for which the protection is Government Regulation

According to § 45a para. 2 need to ensure publication of especially protected territories

that on the said land in the event that this section 39 permits,

can be ensured by contract. If the owner of a plot of land within a period of 60 days from the

date of receipt of the written warning does not do any act leading to the conclusion of the

the Treaty or on the basis of this Act does not, within two years to

the conclusion of the contract in accordance with section 39, the European major location announced

as specially protected territories in the category of protection laid down by the national

list, the procedure prescribed by this Act for the publication of particularly

the protected territory of the appropriate category. The announcement of the specially protected

territory referred to in paragraph 4, the competent authorities for nature protection

not later than 6 years after the adoption of the European site list. ".



31. in section 45 h of paragraph 1. 1 the first sentence, the words "affect the territory" shall be replaced by

the words "affect the favourable conservation status of the subject of protection or integrity" and in the

the second sentence, the words "and further on the forest's economic plans and forest

the economic outline, for which a binding opinion referred to in section 4, paragraph 4. 3 in the

This situation, taking into account article. 6 (1). 3 and 4 of Council Directive 92/43/EEC "

shall be deleted.



32. In section 45 h of paragraph 1. 2, after the words "If § 45i" the words "or § 4

paragraph. 4. "



33. In paragraph paragraph 1 reads: 45i



"(1) a person who intends to capture conception or to carry out the intention referred to in

§ 45 h of paragraph 1. 1 (the "submitter") is required to design or concept

the intent of the present environmental protection authority is of the opinion that may have

alone or in conjunction with other policies, or intentions of the significant

influence on the favourable conservation status of the subject of protection or the integrity of the European

important bird area or site. Nature protection authority shall issue to the

reasoned opinion within 30 days from the date of receipt of the request. ".



34. In section paragraph 45i 8, the words "a negative impact on the territory" shall be replaced by

"a significant negative impact on the favourable conservation status of the subject of protection or

integrity ".



35. In section 45i paragraph 9 to 11 shall be added:



"(9) If an assessment referred to in paragraph 2 shall demonstrate a negative impact on

favourable conservation status of the subject of protection or integrity includes

site or bird area and there is a Variant solution without

the negative impact, can be approved with variant, only the smallest possible

negative influence, and only the imperative reasons of overriding

the public interest and to save and provide compensatory measures

necessary to ensure the overall coherence of the system of bird areas and

European major sites in accordance with paragraph 11. Compensatory measures

for the purposes of the concept of the means of ensuring the Replace option site

the realisation of the concept in a similar range and quality and with the same

degree of binding and specificity, which has approved the concept or

its individual parts. Compensation measures for the purposes of intent is

means creating the conditions for the maintenance or improvement of the intention of the

affected by the subject-matter in the same site or replacement site

another site in a similar range and quality.



(10) in the case of a negative impact on the site with the priority habitat types

or priority species, the concept or the intention to adopt only for reasons of

relating to public health, public safety or the favourable

consequences of undisputed importance for the environment. Other overriding reasons

overriding public interest may be the reason for approval only in

accordance with the opinion of the Commission. Ministry of the environment in the

the case at the request of the competent authority, request the Commission to

opinion; from the date of dispatch of the request for an opinion to the delivery

opinion of the period to the respective procedures is not running. Continue the process according to the

paragraph 9 apply mutatis mutandis.



(11) where, in the opinion of the impact assessment the design intent or

the concept of the environment mentioned compensatory measures, the authority

The Nature Conservancy may provide only these compensatory measures.

Compensatory measures referred to in paragraph 9, for the purposes of the concept, including the design

measures to ensure nature conservation authority provides. This

compensatory measures must be included in the concept. Compensation

the measures referred to in paragraph 9, for the purposes of intent sets out the decision of the authority

nature protection at the request of the authority responsible for approval

the project; mounting and securing of the compensatory measures in this case is

the reason for the interruption of the proceedings conducted by the competent authority. About stored

compensatory measures and how they ensure shall inform the competent

the nature conservation authority of the Ministry of the environment, without delay

which shall inform the Commission. ".



36. In § 49 paragraph 1. 2, the words "this Act" shall be replaced by "paragraph

1. "



37. In paragraph 4 of section 49 reads as follows:



"(4) the provisions of paragraph 2 (a). and does not apply to the species critically) and strongly


the affected. In the case of normal working land with an abundance of critically

or endangered species of plants may the nature conservancy authorities with

the owner or lessee of land to conclude an agreement on the method of farming.

If the owner or lessee of the land reflected on the conclusion of the agreement in writing

interest in nature conservation authority is obliged to start within 30 days of the

This agreement negotiations. Nature protection authority when concluding the agreement

check that there is no other satisfactory solution is given by one of the grounds

referred to in § 56 para. 1 or 2 and the proposed way of farming

does not affect the reach or maintain a favourable conservation status of the species which is on the

site subject to protection under the law of the European communities of 10) ^ ^

in terms of protection. These facts must be expressly provided for in the agreement.

The agreement replaces an exemption pursuant to § 56. ".



38. In section 54 paragraph 3 to 5 including the footnotes # 20b to 20e

shall be added:



"(3) the Discharge of the specially protected animals bred in human care to

nature and sown or planted artificially propagated ^ 20a) specially protected

plants outside the built-up areas of villages and culture can be used only with the consent

environmental protection authority. The nature conservation authority of the approval shall be granted if,

that there is no risk of deterioration of the wild populations, and in the case of

deletion, in the complex discontinuation or sowings of the original occurrence of the species in question

for the purpose of renewal of its population or stabilization or strengthen stocks

existing. Nature protection authority consent unless, in the case where the

deletion, vysévání or planting should occur on the desktop for the location of the

the management of transport infrastructure, as defined in the zoning plan ^ 20b). Bans

laid down in section 5a paragraph 2. 1 and 2, and in section 50 para. 2, for a period of 2 months from the

deletion does not apply to the selected specially protected species of fauna.

Selected list of specially protected species of animals lays down

Ministry of the environment implementing regulation.



(4) the nature conservancy authorities issued a decision stating that this is a

the animal reared in human welfare (hereinafter referred to as "certificates") ^ 20 c).

A certificate is a public document. The animal reared in human care,

to which the nature protection authority issued the certificate, the prohibitions

laid down in section 5a paragraph 2. 1 and 2, and in section 50 para. 2 do not apply. The confirmation of the

the exception from the prohibition on commercial activities that are released for specimen of an animal

kind of born and bred in captivity in accordance with directly applicable

of the European communities law governing trade in endangered

types of ^ 20 d) replaces the certificates referred to in this paragraph.



(5) on the issue of a certificate may request the institution of nature protection by the one who



and reared the animal reared in) the human care and the unmistakable and

It has marked permanently marking in accordance with the method of directly applicable

of the European communities law governing trade in endangered

types of ^ 20e) (hereinafter referred to as "unique and permanent identification"), or if

the physical properties of the specimens do not mark it by this method,

Another way to ensure unique and persistent identification,



(b)) was to hold the unmistakable and permanently marked or

unmistakably identified the animal reared in human care of

the Member State of the European communities in accordance with the law of that

Member State, or



(c)) in accordance with regulations in the field of trading in endangered species ^ 1a)

imported from a third country the unmistakable and permanently marked or

unmistakably identified the animal reared in human care.



20b) § 43 of Act No. 183/2006 Sb.



20 c) part four of the administrative code.



Article 20 d). 8 (2). 3 (b). d) Council Regulation (EC) No 338/97.



20e) Article. 66 of Commission Regulation (EC) no 865/2006. ".



39. In paragraph 54, the following paragraphs 6 to 11, shall be inserted:



"(6) an application for issue of the certificate referred to in paragraph 5 (b). and you have to)

no later than 30 days after the birth of the animal reared in human care.

If it is an animal reared in human care, imported or

obtained in accordance with paragraph 5 (b). (b)), or (c)), the application must be filed within

15 days from the date of importation or acquisition occurred. Together with the application for

the issue of certificates must be submitted to the information about the completion of the

the sensation and the permanent designation, where appropriate, additional information advanced

identify the animal reared in human care and the documents certifying the

rearing in human care, in accordance with this Act or the legal way

the acquisition of the animal reared in human care. The prohibition of the possession referred to in § 5a

paragraph. 1 (b). (e)) and in § 50 para. 2 for the period specified for the submission of

application for a certificate, in the cases referred to in the first and second sentence, and for a period of

submission of the application to the issue of the certificate to the animal reared in human

care does not apply.



(7) where the authority has reasonable doubt about the nature conservancy legal origin

the individual, shall issue a certificate for the animal reared in human care according to

paragraphs 5 and 6, within 30 days from the date on which the request for extradition

the certificate has been delivered.



(8) the Intentional submission of false information, to change the designation of the animal

reared in human care or a transfer to another individual's designation is

the reason to set aside the nature conservation authority of the certificate, and it all the time

the life of such an individual, for whom the certificate was issued, or

the individual, who is identified as such. For a change in the marking for the purposes of

This provision does not consider changing it because of serious

threat to the life or health of the animal reared in human care, if

the grounds have been notified to the environmental protection authority within 3 days from the date of

When it occurred.



(9) in the event of a change of owner or holder of the animals reared in

human care passes the certificate at the same time with the animal in odchovaným

human care to the new owner or holder. In the event of death or

the deletion of the animal reared in human care into the wild is its

holder shall surrender the certificate authority for nature conservation, which it

issued, within 30 working days from the date on which the said event occurred

or when he learned about it. The certificate shall expire on the date of

This has occurred or was detected. In case of loss or

alienation of the animal reared in human care, the holder shall be obliged to

notify the environmental protection authority, which issued the certificate,

within 30 working days from the date on which the said event occurred, or when

He learned about it. In this case, the certificate shall expire within 1

year from the date when the lost or stolen the animal reared in

human care occurred, if not the award; After this deadline,

the holder of the animal reared in human care required to deliver

certificate of environmental protection authority which issued it.



(10) a person who holds the animal reared in human care, for which the

certificate has been issued, shall, at the request of the environmental protection authority

provide a certificate to check and to allow inspection of the marking of the animal

reared in human care. If there is reasonable doubt about the legal origin of the

of the individual, is the owner or the holder shall be obliged to allow the authority to protect

nature, by providing active cooperation, its verification, including

paternity test. In the case of confirmation of illegal origin

will pay the cost of the verification of the origin of the owner or keeper of the animal

reared in human care; the amount of the costs down by decision of the authority

the protection of nature. Otherwise, you will pay the costs of the verification of origin

the animal reared in human care of nature protection authority.



(11) the Ministry of the environment shall lay down the implementing

regulation model application for the certificate, the model of certificate authentication methods

the origin of the individual and the conditions for its implementation. ".



40. section 56 including the title reads as follows:



"§ 56



Exemptions to the prohibitions in the protected trees and specially protected plant species

and animals



(1) the exceptions to the prohibitions on the protected trees and specially protected species

plants and animals pursuant to § 46 para. 2, § 49 and 50 in cases where different

the public interest outweighs the interest of the protection of nature, or in the interest of

protection of nature, the nature protection authority permits. For specially protected

plant and animal species that are subject to protection under the law

Of the European communities of 10) ^ exception under the first sentence only allow

If it is given by any of the grounds referred to in paragraph 2, there is no

other satisfactory solution and do not affect the achievement of the activity or povolovaná

maintaining a favourable conservation status of the species in terms of protection.



(2) an exemption from the prohibitions in particularly protected species of plants and animals

You can enable



and) in order to protect wild fauna and flora

and the protection of natural habitats,



(b)) in order to prevent serious damage, in particular to crops, livestock, forests,

Fisheries and water and other types of assets,



(c)) in the interest of public health or public safety, or for other

imperative reasons of overriding public interest, including those

social or economic nature and beneficial consequences of reasons with

undisputed importance for the environment,



(d)) for the purposes of research and education, re-settlement of a territory


populations of a species or to revisit the introductions in the original species and breeding

and necessary for these purposes, including the artificial propagation

plants,



e) in the case of specially protected species of birds for the taking, possession or

Another use of birds in small numbers.



(3) the nature protection authority in the exemption decision may provide

the obligation to indicate the animal particularly protected species unmistakable and

a permanent marker and also the conditions for performance of povolované activities.



(4) Authority of nature protection may an exception that refers to unspecified

the categories of persons, when the conditions referred to in paragraphs 1 and 2 to enable the

whether or not the measures of a general nature.



(5) to ensure the activities referred to in paragraph 2 (a). and (d))) the authorities

nature protection in the interest of nature protection agreements with physical

or legal persons. The agreement may be made only if there is no other

a satisfactory solution, the proposed activity will not affect achieve or maintain

favourable conservation status of the species in terms of protection and these justified reality

are specifically provided in the agreement. This Agreement replaces an exemption under

of paragraph 1.



(6) for the nature protection authority applies when the permit exemptions to the prohibitions for

particularly protected species of plants and animals, or the conclusion of the agreement in accordance with

paragraph 5 and § 49 paragraph 1. 4 information obligation set out in section 5b of the paragraph.

5. in the case of a permit exemptions to the prohibitions for specially protected species

birds for the content of the decision, of the measures of a general nature and content for content

the agreement referred to in paragraph 5 shall apply mutatis mutandis to section 5 (b) of paragraph 1. 3. ".



41. In § 58 para. 2 the first sentence, after the words "on the basis of"

the words "or of the constraints resulting from the measures provided for in the plans, systems

the ecological stability of the landscape according to the section 4, paragraph 4. 1 "and the first sentence of the

the following sentence "this entitlement lasts even if transfer or gradient

of ownership or tenancy rights. The tenant can claim

apply in the case of the landowner preserved the claim. ".



42. In article 67 paragraph 2. 1 the first sentence, the word "fourth" shall be replaced by

"the fifth".



43. section 76:



"§ 76



(1) municipal offices



and with the exception of the territory) of national parks, national natural reserves,

national natural monuments, nature reserves, natural monuments

and protection of these particularly protected areas allow logging

tree species under section 8 (2). 1 store the replacement planting pursuant to § 9 and lead

Overview of land suitable for the replacement planting provided for in § 9 para. 2,



(b)), with the exception of the territory of national parks and their buffer zones lead

an overview of the public purpose built roads, trails and

the paths according to § 63 para. 1 in its administrative district.



(2) in charge of municipal offices ^ 38), with the exception of the territory of national parks,

protected landscape areas, national nature reserves,

nature reserves, national nature monuments, natural monuments

and their buffer zones,



and binding opinions) are issued by the registered landscape

the elements pursuant to § 4 paragraph 2. 2, if not at the territory of the European

notable sites and registered significant landscape features according to § 6 paragraph 1.

1,



(b)) of the Treaty shall be deleted be negotiated and contractually protected a memorable tree

pursuant to section 39 and 45 para. 2; discuss plans for publication of protected

the trees in accordance with § 55 para. 1, shall issue a decision on the publication of protected

trees pursuant to § 46 para. 1, definition of their protection under section 46

paragraph. 3 and unprotect protected trees according to § 46 para. 4;

shall transmit the documentation about the Memorial trees and contractually protected

memorable trees in the central list according to § 47 para. 1,



(c) consents to care) are issued by memorable trees pursuant to § 46 para. 2,

consents to the activities in the protection zones of protected trees

According to § 46 para. 3, authorize exceptions to the prohibitions on the protected trees according to the

§ 56 para. 1, and entering into agreements pursuant to § 56 para. 5, in the case of a memorable

trees,



(d)) issued consent to the establishment of, or interference with publicly available

roads, trails and paths outside the built-up areas of municipalities pursuant to §

63 para. 1. ".



44. section 77 including title:



"§ 77



The scope of the municipal authorities of municipalities with extended powers



(1) the municipal authorities of municipalities with extended powers in its administrative district,

unless specially protected areas or their protection,



and issued binding opinions on the) interference, which could lead to

damage or destruction of a significant landscape element, or threats, or

the weakening of its eco-stabilisation function, if it is not a

registered a significant landscape element according to § 6 paragraph 1. 1, and if the

at the same time not a territory of European significant localities,



(b) binding opinions) are issued by deforestation and afforestation of land above the

0.5 hectares and the construction of forest roads and forest amelioration systems pursuant to §

4 (4). 3,



(c) measures of a general nature) issued in respect of an unspecified circuit

people, or decide to restrict or prohibit the intrusive activities pursuant to § 5

paragraph. 1 if it is not a particularly protected species,



(d)) shall decide on the use of resources and to prevent excessive

death of the plants and creatures injured or death of the animals or the destruction of their

habitats according to § 5 para. 3, if it is not a particularly protected species,



(e)) for issuing residence permits extending geographically alien species

plants and animals and to the expansion of hybrids into the landscape according to § 5 para.

4 and 5,



(f) decide on the establishment of diversion) of the procedure for the protection of birds under section

paragraph 5b. 1,



(g) carrying out the necessary interventions), including the felling of trees in accordance with §

7 (2). 2,



(h) notices of felling) take trees and decide on suspension,

restrict or prohibit the felling of trees under § 8 para. 2 and 4,



I require information about fossils) findings and applying for a permit

access to paleontologickým findings under section 11,



j) issued consents to the placing and approving construction projects and other

activities that could reduce or change the landscape in accordance with § 12

paragraph. 2,



to decide on the publication of temporarily) protected areas according to § 13 para. 1,



l) may require them to prove the legal origin of the specially protected

plants, specially protected animals, birds or plants or animals

protected under international conventions pursuant to § 54 para. 1 and challenge to

prove your identity pursuant to § 54 para. 2,



m) in the case of birds protected under section 5a shall be issued a certificate under section 54

paragraph. 4 to 11 to the effect that it is an animal reared in human care,

lead registration certificates issued pursuant to § 54 para. 4-10,

the origin of and give a decision fixing the amount of costs in the case of

confirmation of the illicit origin of the animal reared in human care according to

§ 54 para. 10,



n) in the range of its competence impose conditions for the exercise of activities which

could cause an illegal change generally or specially protected

parts of nature or such activities prohibited under section 66,



about carrying out State supervision in) nature and landscape protection under § 85 para.

1,



p) decide on the possibilities and conditions of restitution by

§ 86 para. 1, the implementation of reasonable alternative measures pursuant to

§ 86 para. 2, and impose fines for offences under section 87, and for administrative

offences under section 88,



q) applied the opinion to territorial plans and regulatory plans in terms of

its by and from the perspective of workers by

municipal authorities and responsible for municipal authorities.



(2) the municipal authorities of municipalities with extended powers define and evaluate local

the system of ecological stability pursuant to § 4 paragraph 2. 1 outside the national

parks, protected landscape areas and buffer zones of national

parks.



(3) the Municipal authorities of municipalities with extended competence further in its administrative

the circuit, unless specially protected areas or their protection

and military újezdy, performing State administration in the protection of nature and the

the landscape, where the competent authority of the other nature conservation. ".



45. section 77a including title and footnotes # 39 c and 39d added:



"§ 77a



The scope of the regions and regional offices



(1) the County process, in cooperation with the Ministry of

environment forecasts, concepts and strategies for conservation of nature in their territorial

scope, unless it is a national park and protected landscape area

national nature preserve, a national natural monument and the protection

These specially protected territories and military újezdy.



(2) the County may issue for his constituency, unless the national

parks, protected landscape areas, national nature reserves, the national

natural monuments and protection of particularly protected areas or

újezdy, of the regulation on the establishment or abolition of natural parks and

limit the use of their territory in accordance with § 12 para. 3, a regulation establishing a

According to § 33 nature reserves, natural monuments under section 36 or

their protection zones in accordance with § 37 para. 1 and ensure the care of this

the territory, in its administrative district issue regulations of abolition

nature reserves, natural monuments, or the protection of the

particularly protected areas according to § 45 para. 1.




(3) regional offices on the territory of nature reserves, natural monuments and

protection of specially protected territories of the exercise of State

management in the nature and landscape protection in the scope of municipal authorities,

responsible for the municipal authorities, and municipal authorities of municipalities with extended

application, if it is not under this Act, the Ministry of

of the environment.



(4) regional offices in your area, unless the national

parks, protected landscape areas, national nature reserves, the national

natural monuments and protection of particularly protected areas or

military újezdy



and issued binding opinions) to approve forest plans

and to the forestry economic curriculum pursuant to § 4 paragraph 2. 3,



(b) derogations from the prohibitions) set out in section 10, paragraph 1. 2 for the cave,

residence permits for exploration or research the caves under section 10, paragraph 1. 3,

receive notifications about the discovery of the caves, the caves and the documentation

shall keep a register of the caves under the documentation taken section 10(4). 5,



(c)) shall decide on the restrictions on exercise of the rights of hunting and fishing in natural

reserves pursuant to § 34 paragraph 1. 2,



(d)) shall be issued by the activities and interventions of consents tied to prior consent of the

environmental protection authority in the protection zones, nature reserves, and

natural monuments in accordance with § 37 para. 1 and the activities pursuant to § 37 para. 2,



(e)) are responsible for processing and approving the plans of care plans care for natural

reservations, natural monuments and protection of specially protected

territory and ensure their implementation in accordance with section 38,



(f)) be negotiated and contractual protections shall be deleted pursuant to § 39, and § 45 para. 2 and

documentation of these territories to be transmitted to the central list, and on the

the basis of the contracts concluded pursuant to § 39 para. 1 published in Journal

the legislation of the region territory, which are contractually protected,



g) are responsible for processing, shall notify and discuss plans for publication and

draft legislation, which will be published nature reserve,

natural monuments and protection of specially protected territories



h) derogations from the prohibitions in nature reserves and natural

monuments in accordance with § 43,



I) shall transmit the dossier declared nature reserves, natural

sites and their buffer zones in the central list; be notified to the

the announcement of the nature reserves, natural monuments or their

protection zones of the cadastral authorities



j) issued consents to the activities and actions referred to in the closer

trade conditions of natural reserves and natural monuments in accordance with §

44 para. 3,



to permit exceptions to the prohibition of) damaging the site and includes

the disputed site under section 45b para. 1,



l) provide care includes the site indicate the European

notable sites, issuing binding opinions on the actions that should

could result in damage or disruption to the renewal of the European major sites

or their subject-matter under section 45 c of paragraph 1. 2, and on their territory

opinions issued pursuant to § 4 paragraph 2,



m) issued approvals for the activities in areas referred to in section 45e bird paragraph.

2, shall conclude contracts for farming in the bird areas according to §

45e para. 4 and provide care for the bird area



n) permit exemptions to the prohibitions for specially protected minerals under section 51

paragraph. 2,



about the notice of deletion) take further specially protected

animals from the rescue stations pursuant to § 52 para. 2,



p) may require proof of the legal origin of the specially protected

plants, specially protected animals, birds or plants or animals

protected under international conventions pursuant to § 54 para. 1 and may

require proof of identity pursuant to § 54 para. 2,



q) measures of a general nature shall be issued by the restriction or prohibition of entry under section

64,



r) in the range of its competence impose conditions for the exercise of activities which

could cause an illegal change generally or specially protected

parts of nature or such activities prohibited under section 66,



with) enshrine the guard of nature in its territorial jurisdiction pursuant to § 81 para. 1,



t) carry out State supervision in the nature and landscape protection under § 85 para.

1,



u) decide on the possibilities and conditions of restitution and

store the implementation of alternative measures to remedy under § 86 para. 1 and

2,



v) shall cooperate with other regulatory authorities and institutions on the provision of

environmental education and training,



w) applied the opinion of the principles of territorial development and land use plans

municipalities with extended competence from the point of view of the interests protected by law

and in addition to other land use plans and regulatory plans in terms of the interests of the

protected by law, unless the competent authority for nature protection.



(5) regional offices later in the circumference of its territorial jurisdiction pursuant to paragraphs 3

and 4



and measures of a general nature) issued in respect of an unspecified circuit

people, or decide to restrict or prohibit the intrusive activities pursuant to § 5

paragraph. 1 if this is a specially protected species



(b) ensure decision) or the use of the means to prevent

excessive mortality of plants and creatures injured or death of the animals or the destruction of

their Habitat according to § 5 para. 3, if it is a specially protected

species



c) entering into agreements pursuant to § 49 paragraph 1. 4,



(d)) shall be issued by the previous opinion on the necessary intervention in the natural

development of endangered species of animals pursuant to § 50 para. 3,



e) shall cooperate with the Ministry of the environment in the preparation of

rescue programs specially protected species of plants and animals according to the

section 52,



(f) the consents for discharges) are issued by specially protected fauna

bred in human care to nature and to the vysévání or the introduction of artificially

grown particularly protected plants in nature according to § 54 para. 3,



g) with the exception of birds protected under section 5a shall issue a certificate stating that

This is the animal reared in human care, shall keep a register of issued

certificate pursuant to § 54 para. 4-10, verify the origin and residence

decision fixing the amount of costs in the case of confirmation of

the illicit origin of the animal reared in human care pursuant to § 54 para.

10,



h) permit decision or measures of a general nature regarding the closer

unidentified persons, exemptions to the prohibitions for specially protected species

plants and specially protected species under section 56,



I) entering into agreements pursuant to § 56 para. 5,



(j)) are issued by the previous consents to the activities set out in the detailed

trade conditions, especially of protected species of flora and fauna

pursuant to section 57,



to remove illegally held by individuals) of specially protected plants, or

specially protected animals, birds or plants or animals

protected under international conventions referred to in section 89.



(6) the regional authorities define and evaluate the regional ecological system

stability according to § 4, paragraph 4. 1 outside the national parks, protected

landscape areas and protection zones of these particularly protected areas.



(7) regional offices are concerned, the nature conservancy authorities and issued in

extent to which observations to provide payments under other

^ Law 39 c).



(8) the regional authorities issue binding opinions on the proceedings under the law on

hunting ^ 39d), unless otherwise provided by this Act.



39 c), for example, Government Regulation No. 75/2007 Coll., on conditions for the provision of

natural handicap payments in mountain areas and areas with

other handicaps and in Natura 2000 sites on agricultural land.



39d) § 66 of Act No 449/2001 Coll. ".



46. In § 78 para. 9, the words "and in the National Park (§ 24 para.

3) ' shall be deleted.



47. section 78a including title:



"§ 78a



The scope of the nature conservation authorities in the territory of military újezdů



(1) on the territory of the military újezdů ^ 26) exercised by the Government in the protection of

nature and landscape conservation district offices ^ 26) within the scope of municipal

authorities responsible for municipal authorities, municipalities with extended powers, authorities,

counties and administrations, unless the Ministry of defence to it.



(2) the Ministry of defence on the territory of military újezdů



and) processes, in cooperation with the Ministry of the environment

the forecast and strategy of protection of nature,



(b)) provides processing and approving plans to care for the nature reserve and

natural monuments and their protection and ensures their implementation

in cooperation with újezdními authorities, pursuant to section 38,



(c)) of the Treaty on the protection of the territory agreed under section 39, declares this territory

for protected and contractual protection of these areas according to § 45

paragraph. 2,



d) publishes the implementing legislation, which shall be published or deleted

nature reserves and natural monuments and the protection of particular

protected areas and laying down more detailed conditions for their protection;

declares the territory protected pursuant to section 39,



e) passes the documentation specifically or contractually protected areas to

A central list of nature conservation; announces the publication of the natural

reserves, natural monuments and protection of these particular

protected areas land register offices,




(f) the right of first refusal State) applies to land under § 61 para. 1,



g) cooperates with other administrative authorities in the provision of environmental

education and training,



h) carries out State supervision in the nature and landscape protection under § 85 para.

1,



I) deliver opinions on territorial planning documentation as the institution concerned

the protection of nature in terms of its scope,



(j)) is an appellate body decisions issued pursuant to this Act

újezdními authorities. ".



48. section 79 including title and footnotes # 40b, 41 and 41aa shall read:



"§ 79



The scope of the Ministry of the environment



(1) the Ministry of the environment is the central body of State administration

nature protection in the Czech Republic.



(2) the Ministry of the environment



and) processes, in cooperation with the edge of the forecast, and the concept of strategy

nature protection in the Czech Republic,



(b) State scientific research) coordinates activities in the field of nature protection and

the landscape,



c) cooperates with the Ministry of education, youth and sports

States in the provision of environmental education and training,



(d) international cooperation) for the United States in the field of the protection of

nature and landscape



(e)) the Commission reports and information required by the law

Of the European communities in the field of the protection of wild fauna and

flora and their habitats,



(f) State supervision shall be exercised by the Chief) in nature and landscape protection,



g) controls the activities of the Czech environmental inspection and administrations and carry out other

tasks provided for in this Act.



(3) the Ministry of the environment on



and the definition and evaluation) implements the supranational ecological system

stability according to § 4, paragraph 4. 1,



(b) permit) is issued by the export and import of endangered plants and animals

protected under international conventions according to § 5 para. 7,



c) decide on the authorisation for the operation rescue station and its change

or cancellation, leads an overview of rescue centres and exposes the it way

allowing remote access according to § 5 para. 8 to 11,



d) issues approvals using the provisions of injunctions against pests and

cases of exceptional circumstances and unforeseen damages and establishes while

the extent of their use in national parks and in national nature

reservations,



e) provides processing and Announces and discusses the plans for publication and

draft legislation, which will be published by national parks, protected

landscape areas, national nature reserves, national nature monuments

or the protection of specially protected territories



(f) issuing approvals for export) paleontological findings pursuant to section 11 (1) 3

and issues an export permit specially protected minerals under section 53,



(g) issuing consents to disposal) of undeveloped land owned by the

State on the territory of nature reserves and natural monuments,



h) handles and approves plans to care for national parks, national

nature reserves, national nature monuments, protected landscape area

and about the protection of specially protected territories and ensures their

implementation in cooperation with administrations under section 38,



I) passes the documentation of renowned national parks, protected

landscape areas, national nature reserves, national

natural monuments and protection of specially protected territories and

on bird areas and major sites in the Central European

the list; announces the publication of national parks, protected landscape

regions, national nature reserves, national nature monuments and

the protection of these particularly protected areas land register offices,



j) announces the sites which have not been included in the European list referred to in

§ 45a para. 4 and announces the disputed site under section 45b para. 2,



to the processing of summaries) provides the recommended measures for European

notable sites and bird area under section 45 c of paragraph 1. paragraph 3, section 45e. 6,

passes them to the central list, and exposes it through the

the Internet,



l) requesting the opinion of the Commission pursuant to § 45i para. 10,



m) in cooperation with the other institutions of nature protection, the owners and

the lessee of land, civil associations and other professional bodies

ensures and approves safety programs pursuant to section 52,



n) exercises the right of first refusal of the State to land pursuant to § 61 para. 1,



o) issue a certificate of professional competence referred to in Section 79a of the paragraph. 2

(a). (b)),



p) is an appellate body against decisions issued by the authorities of the counties in the

by, administrations and the Czech environmental inspectorate,



q) applied the opinion to the politics of territorial development and the principles of

land development from the standpoint of the interests protected by the law,



r) establishes the management of national parks as state subsidised

^ organisation 40b), if you have not set up another law ^ 41),



with) is entitled to set up a State contributory Organization for the purpose of

ensuring protection, care and operation of a public accessible caves,



t) carries out the scope of the nature conservation authorities on land and buildings,

forming part of the objects relevant for the defense of the State outside the military

^ újezdy 41aa).



(4) the Ministry of the environment issued a decree on which the



and European types list) provides the habitats priority types

of European habitats and species and priority European European

major species, occurring in the territory of the Czech Republic,



(b)) provides the details of the definition and evaluation of organic

stability and the details of the plans, projects and measures in the process of its

creating, pursuant to section 4, paragraph 4. 1,



(c)) provides for the protection of important landscape elements details according to § 4

paragraph. 2,



(d)) provides for the size or other characteristics of the species, to which the

felling is not subject to authorisation under section 8 (2). 3, where they grow on

land owned by natural persons who use the land, and

the details of the protection of the species and the terms of the authorisation of their cutting down under section

8 (2). 5,



(e) provides details about the contents) and extent of the documentation of the cave when it

the findings by the operator in the mining and quarrying, or in the

the implementation of geological work according to § 10 para. 5,



(f) a nature conservation zone) of national parks and protected

landscape areas according to § 17 para. 2 and section 27 para. 2,



(g) the amount of the charge), § 24 para. 1 and 2 persons

exempted from the fee, the specimen certificate of payment or

certificate of exemption from the fee and to determine the selected places on the territory of the

the National Park in which the obligation to pay the entry fee

According to § 24 para. 3,



h) declare national nature reserves, national nature monuments, or

the protection of specially protected territories and provides for more

the conditions for their protection and additionally be published or deleted natural monuments

and the nature reserve or their protection on the territory of the national

parks and their buffer zones and provides more detailed conditions for their

protection,



even the content of care plans) and the procedure for processing under section 38 paragraph 1(a).

7, the elements and the contents of the plan pursuant to § 40 paragraph 2. 1 details of the management

the central list, and specifies the organizational component of the State which was responsible for the leadership of the

the central list pursuant to § 42 para. 2, the details of how the descriptions and

the definition of particularly protected areas in the field and maps by

§ 42 para. 5 and detailed conditions about how the designation of protected trees in the

terrain and maps according to § 47 para. 3,



j) details to be content of the contract pursuant to § 39 para. 1 way

contractually protected area designation and contractually protected area 20 km

the tree in the field and maps according to § 39 para. 2,



provides a way to indicate to the) renowned European significant locations in the

terrain and maps pursuant to section 45 c of paragraph 1. 1, the content of and requirements for

summaries of recommended measures for European site and bird

the area under section 45 c of paragraph 1. 3 and the means of identification of bird ranges in terrain

even maps under section 45e para. 7,



l) define the scope of the required education, the content of the examination, the conditions of

extension of the authorization and the reasons for the withdrawal of the authorization referred to in section paragraph 45i.

3,



m) down the list and the degree of threat to the specially protected species of plants and

animals pursuant to § 48, a list of specially protected minerals under section 51, and

places of their natural occurrence and further detailed conditions for their protection,



n) provides origin authentication methods, requirements for an application for a certificate and

model of the certificate referred to in § 54 para. 11,



about the terms and conditions) sets out the financial compensation according to § 58 para. 5,

the pattern of claims, its elements and how to determine the amount of the refund in the

cases where there is any other by-law,



p) provides the details of the procedure for the transfer of management rights under section

60 para. 3 of the Act,



q) provides details of natural history survey land and

biological reviews and store them under section 67 para. 1,



r) provides further details on the conditions of provision of the contribution referred to in

§ 69 para. 3 and the formalities of the agreement on the provision,



with) pursuant to section 74 para. 1 tasks arising from international

commitments,



t) determined in accordance with § 81 para. 11 Organization details, tasks, and


the prerequisites for the performance of guard of nature, the pattern of the staff badge will

national character and identity card guard of nature,



u) provides details about how to deploy and use uniforms and

designation of workers the protection of nature according to § 82 para. 2,



in) provides for the transfer of particularly protected areas established under law No.

40/1956 Coll. into categories according to § 90 para. 5 to 7,



w) repealed pursuant to § 90 para. 10 protection of specially protected so far

the territory declared under this Act by 1 January 2004. March 2009 Central

State administration bodies.



40B) § 54 of Act No. 219/2000 Coll., as amended.



41) Law No 161/1999 Coll., which shall be published in the Czech national park

Switzerland, and Act No 114/1992 Coll., on the protection of nature and the

landscapes, in wording of later regulations, as amended.



41aa) § 29 para. 2 (a). a) of Act No. 222/1999 Coll., on ensuring

defence of the Czech Republic. ".



49. Section 79a including title and footnote No. 41a is inserted:



"§ 79a



Special professional competence



(1) the administrative activities in the nature and landscape protection, if it is exercised by the

the Administration, should be ensured through the employees who

have demonstrated special competence.



(2) the administrative activities referred to in paragraph 1 may exceptionally perform

an employee who does not have a special competence,



and up) for 18 months since the inception of the employment relationship to

administrations or from the date when he began to carry on business, for whose performance is

proof of professional competence, or



(b)) at whose request or at the request of the administration shall issue the Ministry of

environment proof of education or its parts obtained by an employee in the

Another study programme or in a different scope, or course, if

the applicant demonstrates that the content and scope of education, whose recognition is sought are

equivalent content and scope of the examination in special professional competence referred to in

of paragraph 4.



(3) special professional competence is attested by an examination and proof that the

the proof of the execution of the test. The employee is required to show special

the competence for the performance of administrative activities referred to in paragraph 1

within 18 months of the employment relationship to the administrations or the date on which

He began to practise, for whose performance is a demonstration of the special technical

the eligibility prerequisite.



(4) Examination in special professional competence has a generic and a specific part.

The General section includes knowledge of the foundations of public administration, in particular the General

principles of organization and activity of the public administration, knowledge of the law on municipalities,

the Act on regions and administrative code, and the ability of these

regulations. A special section covers the knowledge necessary for the performance of administrative

the activities referred to in paragraph 1, in particular knowledge of the scope of the administrations

related to these activities, and the ability of their application.



(5) the Administration shall be required to sign an employee who exercises administrative

the activities referred to in paragraph 1, to perform the tests within 6 months from the inception of the

employment relationship or within 3 months from the date on which he began to perform administrative

activity, for whose performance is a proof of professional competence

prerequisite.



(6) carry out the tests of special technical qualifications secures

The Ministry of environment in cooperation with the competent

ministries and other central administrative authorities. About security and

during the test, the test to the Commission, on the evidence of exam and

opposition shall apply mutatis mutandis to section 22 to 26 of the Act on the special professional

eligibility of officials of territorial self-governing units ^ 41a).



41A) Act No. 312/2002 Coll., on officials of territorial self-governing units and

amending certain laws, as amended. ".



50. the footnote # 41b shall be deleted.



51. In article 81 paragraph 1. 9, the words ", the third and fourth" are replaced by the words "to

the fifth ".



52. In paragraph 90, paragraphs 1 and 2, including footnote # 43b:



"(1) consents to, and binding opinions issued under this Act to

the plans and policies that are not approved in the administrative procedure, shall also

not be issued in the administrative procedure. Consents and binding opinions issued

under this act as a basis for a decision pursuant to the Special

legal regulation are binding according to the opinion of the administrative code.

Suspensive effect of the appeal is excluded in the case of a decision on the establishment of

temporarily protected areas according to § 13, the restrictions and the prohibition of activities under section

66, and the removal of plant and animal species under section 89.



(2) the provisions of § 4 para. 2, §§ 6, 7, 8, 12, 63 and 70 shall not apply to

activities held in direct connection with the securing of Defense or

State security ^ 43b), in particular due to training or exercises

the armed forces or security forces. Any damage to the

nature by reason of national defence in such cases may not exceed

absolutely necessary. If you experience damage to the nature of the reasons

the provision of Defense or national security, in particular through training

or exercise of the armed forces or of the armed security forces,

The Department of Defense or the Ministry of the Interior, in cooperation with the

The Ministry of the environment shall ensure, to the degree of damage

nature does not exceed the level strictly necessary.



43B) Act No. 222/1999 Coll. ".



53. In paragraph 90, paragraph 4 shall be deleted.



Paragraphs 5 to 14 shall become paragraphs 4 to 13.



54. In paragraph 90, para. 12, the words ", section 12 and section 49 paragraph 2. 1 "shall be replaced by

"section 12".



55. In paragraph 90, the following paragraphs 14 to 17, including notes below

# 47c the following line:



"(14) the activities prohibited or limited by closer trade terms

referred to in the legislation, which they have been declared national parks,

the protected landscape area, State nature reserve, the protected natural

creations, a protected natural monuments, protected site, protected parks

and gardens and protected areas of study and their protection by

Act No. 40/1956 Coll., on State Nature Conservancy, shall continue to be considered as

the activities tied to the consent of the environmental protection authority under section 44 para. 3.



(15) in proceedings under other legislation, in which they can be

without prejudice to the interests protected by that law, are the nature conservancy authorities

the authorities concerned.



(16) the entry and entry Bans established by this Act shall not apply to

the staff of the nature conservation authorities, administrations of national parks and the guards

nature protection in fulfilment of the obligations resulting from this Act.



(17) the nature conservancy authorities provide preliminary information as

^ 47c of the administrative code).



47c) § 139 of administrative procedure. ".



Article. (II)



Transitional provisions



1. Natural monuments or on the territory of nature reserve

national parks and their buffer zones in accordance with the existing laws,

regulations of the Ministry of the environment may cancel the implementing

legal regulation.



2. the proceedings initiated before the effective date of this Act shall be completed

According to the existing legislation, with the exception of the cases referred to in

point 3.



3. the proceedings initiated before the effective date of this Act pursuant to § 43

Act No. 114/1992 Coll., in the version in force until the date of entry into force of this

of the Act, the nature conservation authority of the finishes according to law No.

114/1992 Coll., in the version in force from the date of entry into force of this Act,

with the deadline for a decision, which began, running from the date of

entry into force of this Act again.



4. On the territory of the city of Prague exercised by the authorities of the districts

State administration in the protection of nature in the scope of a given municipal authorities according to

§ 76 para. 1 of Act No. 114/1992 Coll., on nature and landscape protection, in

the version in force from the date of entry into force of this Act, for a period of one

year from the date of entry into force of this Act.



Article. (III)



Powers of execution



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 114/1992 Coll., on nature and landscape protection, as is apparent from the

laws and of the Constitutional Court it changing.



PART TWO



Amendment of the Act No. 161/1999 Coll., which shall be published in the Czech national park

Switzerland



Article. (IV)



The law no 161/1999 Coll., which shall be published in the Czech national park

Switzerland, and Act No 114/1992 Coll., on the protection of nature and the

landscapes, in wording of later regulations, as amended by Act No. 320/2002 Coll.

and Act No. 309/2002 Coll., is amended as follows:



1. In article 3, paragraph 3. 4, the word "Department" shall be replaced by "Administration".



2. in article 4, paragraph 3 is deleted.



PART THREE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on the first day of the second calendar month

following the date of its publication.



Vaidya in the r.



Klaus r.



Fischer v. r.