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.