Changing The Law On Surveying

Original Language Title: změna zákona o zeměměřictví

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51366&nr=186~2F2001~20Sb.&ft=txt

186/2001 Sb.



LAW



of 15 November 2004. in May 2001,



amending Act No. 200/1994 Coll., on surveying and amending and

certain laws related to its introduction, as amended by

Act No. 121/2000 Coll., and Act No. 357/1992 Coll., on the survey and

cadastral bodies, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



CHANGING THE LAW ON SURVEYING AND AMENDING AND SUPPLEMENTING CERTAIN LAWS

Related to its INTRODUCTION, AS AMENDED by Act No. 121/2000 Coll.



Article. (I)



Act No. 200/1994 Coll., on surveying and amending and supplementing certain

laws related to its introduction, as amended by Act No. 121/2000 Coll.,

is amended as follows:



1. In paragraph 2 (d)):



"(d)) the set of points of the base spotted point field position,

the height and gravity and file zhušťovacích points and points of detailed

point fields ".



2. In paragraph 2, point (d)) the following point (e)), which read as follows:



"e) brand of surveying mark point point field, including signalling and

the protective device point-point field ".



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



3. In paragraph 2 (a). k) at the end of the comma is replaced by a dot and the letter l)

repealed.



4. In article 3, paragraph 3. 1 the words "the basic and detailed point field"

replaced by the words "point".



5. In section 3, the following shall be added at the end of paragraph 2 the following words: "(hereinafter referred to as

"The Office") ".



6. In section 4, paragraph 4. 1, letter a) is added:



"and) building, renovation and maintenance of point fields".



7. in section 4, paragraph 4. 1, point (b)) shall be deleted.



Subparagraph (c)) to) shall become point (b)) to (j)).



8. In section 4, paragraph 4. 1 (b). I), the words ' a) to (i)) "shall be replaced by ' a) to

(h)) ".



9. in section 6 (1). 2 (a). and) the words "the basic and detailed point

the field "shall be replaced by" point "field.



10. In section 6 (1). 2 (a). (b)), the words "the supporting documents necessary for assessing the

the accuracy of the results of the survey of activities "shall be replaced by" documents

proving the accuracy of the results. "



11. in article 7, paragraph 1 reads:



"(1) authorized employees of the institutions referred to in section 4, paragraph 4. 2 and the people

entitled to perform the survey activity are entitled to in the performance of

survey of activities to the extent necessary to enter and enter the

land after prior notification to the owner or the authorized user

land. Into buildings such persons may enter with the permission of the owner

or an authorized user of the building. Together with them can land

Enter and enter and enter into buildings and their auxiliaries.

The owner or an authorized user of the land not for these persons in the entry and

driving on land. ".



12. section 8 including title and footnote 9) reads as follows:



"section 8



Establishment of brands points point field



(1) the authorities of the State administration and the persons who are authorised to carry out

Survey activity are entitled to the extent necessary, taking

real estate to establish, maintain, move, delete, and

restoring tags.



(2) the administrator of the brand of surveying and Cadastre Authority, with the exception of brands

established on the basis of survey activities carried out for the needs of

national defence, whose maintainer is the Department of Defense or legal

the persons set up by it. Brand Manager carries out activities resulting from the

paragraph 1 and leads about the tag documentation.



(3) a person who establishes the brand, before the establishment of the obligation to

discuss its location with the owner of the property. Brand Manager is

required to the property owner and trustee real estate

If it is not the owner, in writing, to learn about the limitations of his establishment

tags are created. Such a limitation on the exercise of ownership or user

rights must be linked with the provision of adequate compensation (§ 10 par. 3).



(4) the owner or an authorized user of the real estate is obliged to suffer the

the location of the tick marks on the property and refrain from doing anything that these tags

may damage, make a nepouživatelnými or what they might destroy it.



(5) where the activities referred to in paragraph 1, without prejudice to other legally protected

interests, ^ 9) proceed after previous consultation with government authorities,

which it is for the protection of those interests.



9) for example, Act No. 49/1997 Coll., on civil aviation and amending and

additions to law No. 455/1991 Coll., on trades

(Trade Act), as subsequently amended, Act No. 13/1997

Coll. on road traffic, as amended, law No.

266/1994 Coll., on rail, as amended, Act No. 50/1976

Coll., as amended, law no 289/1995 Coll., on forests and on the

amendments to certain laws (forest law), as amended

legislation, Act No. 44/1988 Coll., as amended, law No.

337/1992 Coll., on the protection of agricultural land resources, as amended

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

amended. ".



13. in § 9 para. 6, the words "the basic point field" shall be replaced by

"tags".



14. in section 10, paragraph 1. 1 the first and second sentences are added:



"The credentials of the staff of the authorities referred to in section 4, paragraph 4. 2 and the person authorized to

to carry out survey activities are required to conserve the rights and property of

owner and trustee real estate and after their

survey of activities indicate the property to its original state. In doing so, they are

required to ensure that the least disturbing the management and use of

real estate ".



15. In article 11 (1) 1 the second sentence, including footnote No 11) reads: "in the

matters involving classified information is governed by the Special

law. ^ 11)



11) Act No. 148/1998 Coll., on the protection of classified information and amending

certain acts, as amended. ".



16. in § 12 para. 1 the following shall be added at the end "for the verification of the results

survey of activities (hereinafter referred to as "official permission") ".



17. section 14 including title and footnotes # 11a):



"section 14



The granting of official permissions



(1) the official permission according to § 13 para. 1 (b). ) to c) grants Office.

Official permission according to § 13 para. 1 (b). d) grants the Ministry of

Defense.



(2) the official permission shall be granted to a natural person on the basis of its written

the request, if the



and is fully eligible for) legal capacity and integrity,



(b)) has a degree of land measurements of direction at least

Master's degree programme ^ 11a) and then carried out in the Czech

Republic of at least 5 years of professional experience in survey activities, for

that applies for the grant of official permissions, and



c) successfully passed the examination of professional competence (hereinafter referred to as "test").



(3) After successful completion of the test, the competent authority referred to in paragraph 1

Decides to grant official permission and within 10 days from the legal force of this

the decision of the individual official permission issues.



(4) If a natural person who is a citizen of a Member State of the European

the Union holds the privilege of the like official permission under section 13,

shall issue to the competent authority referred to in paragraph 1 on the basis of its written

request official permission if it satisfies the condition set out in paragraph 2

(a). and) and successfully passed a comparative examination of professional competence, or

in the Czech Republic carried out a three-year professional experience in survey

activities for which the grant official permission.



(5) For integrity, for the purposes of this Act shall be considered one who is not

finally convicted



and for an offence) whose merits related to the performance

survey of activities



(b)) for an offense committed intentionally jail sentence

freedom for a duration of at least 1 year.



(6) the completion of higher education outside the direction of land measurements

The United States demonstrated a natural person a certificate of the competent authority.



(7) a written request for the granting of official permissions



and) under section 13(2). 1 (b). a) to (c)) zeměměřickému and

the cadastral Inspectorate ^ 2) (hereinafter referred to as the "Inspectorate"), in whose

scope of the natural person's place of residence; When a natural

the person does not reside on the territory of the Czech Republic, making the request

Zeměměřickému and the cadastral Inspectorate in Prague,



(b)) under section 13(2). 1 (b). (d) the Ministry of defence) is served.



(8) the authority and the Department of Defense lead the lists of natural persons to whom

granted official permission. Lists are publicly accessible. List of led

The Office is consulting with the authorities of surveying and cadastre, a list led by the

The Ministry of Defense is available for this Ministry.



11A) section 46 of Act No. 111/1998 Coll., on universities and amending and

supplement other laws (law on higher education), as amended

regulations. ".



18. in article 14, the following new section 14a is inserted:



"§ 14a



Test



(1) the test can be done by an individual who has applied for a grant

official permission and meets the conditions laid down in § 14 para. 2 (a). and)

and (b)). The test is held before the professional examining Board no later than 6

months from the date of receipt of the written request for the granting of official permissions

the competent authority referred to in section 14 para. 7. The test consists in the Czech

language.




(2) the members of the expert panels for the granting of official permissions

According to § 13 para. 1 (b). a) to (c)), appoints and dismisses the President of the Office of

staff of the Office, as appropriate, other bodies of the surveying and cadastre,

as well as from experts from universities and from the practice. Members of professional

panels for the granting of official permission according to § 13 para. 1

(a). (d)) shall be appointed by the Minister of defence. Professional examination Board for granting

official permission to have an odd number of members, and there are at least three.



(3) the test shall demonstrate the theoretical and practical knowledge survey

the activities for which a natural person is asking to grant official permission,

knowledge of related legislation and their application, and

competence to verify the results of land measuring activities in practice.



(4) a natural person who has not taken the exam successfully, it is entitled to

Once again within 6 months of the failed examination. If in the

This deadline or successfully test fails repeatedly, may submit a new

the request to grant official permission until after the expiration of 2 years from the failed

exam. ".



19. in article 15, paragraph 2. 2 and 7, the words "§ 14 para. 2 "shall be replaced by the words" § 14

paragraph. 1. "



20. in article 15, paragraph 2. 2 the words "§ 14 para. 1 (b). a) "are replaced by the words" §

14. 2 (a). and) ".



21. in article 15, paragraph 2. 3, the words "which refers to the requirements or the accuracy of the

verified the results of the survey activities according to § 13 para. 1 (b). and)

and (b)), "be deleted.



22. in article 15, paragraph 2. 3 and 4, the words "Czech Office and land registry zeměměřický"

shall be replaced by the word "authority".



23. in article 15, paragraph 5 is added:



"(5) a written proposal for the withdrawal of the Chinese official permission shall be presented

The Office of the Inspectorate in whose territorial jurisdiction the results

survey of activities submitted for use for the purposes of the land

real estate and the national map works. The Office may also withdraw the official

permissions on their own initiative. "



24. in article 15, paragraph 2. 6, after the words "in article 14 shall be replaced by" comma "and 14a" and

the words "or even" shall be deleted.



25. In section 16(1). 1 (b). (c)) and in section 16, paragraph 2. 4 (b). (b)), the words "§ 14

paragraph. 2 "shall be replaced by the words" § 14 para. 1. "



26. in section 16(1). 1 letter e) is added:



"e) to keep a record of the results of that check separately according to § 13 para. 1

(a). a) to (d)), with the name of the person who survey activities

, cadastral territory, where the survey was carried out, the activity

and a sequence number validation. ".



27. in paragraph 16, at the end of paragraph 1, the period is replaced by a comma and the following

the letters f) and (g)), which read as follows:



"(f)) confirm the practice carried out by the person requesting the granting of official

permission, if that person practice under her leadership,



g) announce changes in the data referred to in the application for the granting of official permissions

the Government authority that official permission. ".



28. in § 17 paragraph 2 reads as follows:



"(2) the Geodetic reference systems, State mapping works around the binding

the territory of the State and basic principles of coordination and management of change information

to update the content of State map works provides government regulation. ".



29. in the fifth section, the following new sixth section, including title and

footnotes # 12a), 12b), 12 c), 13 and 13a)) reads:



"The sixth Section



Infringement of the right in the field of surveying



§ 17a



(1) an offence in the field of surveying is committed by one who



and unlawfully obstructs or hinders) surveying activities,

to be used for real estate cadastre of the Czech Republic, or

Basic State map, check out the activities or

supervision on the verification of their results,



(b) destroys, injures or) unduly repositions brand or fails to notify a change

and discovered a glitch in the survey data:



1. the points of the geodetic bases,



2. the zhušťovacích points and points to a detailed point field,



(c) breach of the obligations set out for) the protected area of geodetic point

the foundations,



(d) unlawfully uses or extends) the results of the survey activities



(e)) performs a zeměměřickou operation, without technically competent to do so.



(2) the authority may have committed an offence Zeměměřický ^ 12a) or Inspectorate ^ 12b) and the

the performance of land measuring activities for the needs of national defence, and the

the special scheme the Ministry of defence to impose a fine of up to 25 000

CZK.



(3) imposition of a fine for the offense can be discussed within 1 year from the date of the

Zeměměřický Office or inspectorate or the Ministry of Defense violation

order in the field of surveying, not later than 3 years from the date on which the

There has been a breach of the order.



(4) on the hearing of offences in the field of surveying by the Special

legislation, ^ 12 c) unless this Act provides otherwise.



section 17b



(1) Another of the administrative offense of surveying commits



and) a natural person in the performance of their business or legal

a person commits the acts listed under § 17a. 1,



(b) the person entitled to exercise) survey activities, if



1. where the competent authorities of the State administration, free of charge the results

survey of activities used in the public interest,



2. When asked, does not submit to the competent authorities of the State administration for inspection,

where appropriate, the use of geodetic part of the as-built documentation

the construction work,



3. notify the changes and damage in the geodetic data point

the fields of surveying and Cadastre Authority, which provided the data, within 30

days after the discovery of this fact,



c) a natural person who has been granted official permission, if



1. does not comply with a condition or obligation established by this Act for

verification of the results of the survey of the activities used for land surveying

real estate United States or basic State map,



2. refuses to confirm the practice of the person applying for the granting of official permissions,

that under her leadership the practice carried



3. does not report changes to the information referred to in the application for the granting of official

permissions,



4. verify the result of the survey activities carried out by a person who is not

This activity, technically competent.



(2) for infringement of the right in the field of surveying under section 17b of paragraph 1. 1 may

Zeměměřický Office or Inspectorate and in the performance of land measuring activities

for the purposes of national defence and in objects with special regime

The Ministry of defence to impose a fine of up to 250 000 CZK.



(3) imposition of a fine for an administrative offence can be discussed within 1 year from

the date of the Zeměměřický Office or inspectorate or the Ministry of defence

a violation of the right in the field of surveying, not later than 5 years

the date on which the infringement was committed.



(4) a person who has committed another administrative offense, may

liability, if he proves that he made every effort to

It was possible to require that the breach of the obligation.



(5) in determining the amount of the fine, regard Zeměměřický authority or

Inspectorate or the Ministry of Defense to the severity of the different administrative

in particular, the way the offense, and the circumstances of a criminal offence, the importance and

the extent of its consequences, for the duration of the infringement and to the

whether and how the responsible person or the removal work

mitigation of the consequences of another administrative offense.



(6) on the hearing of another administrative offense in the field of surveying,

covered by the specific legislation. ^ 13)



§ 17 c



(1) the repeated violation of the right in the field of surveying means

breach of an obligation under this Act, the person committed in the

up to 3 years from the time of the decision, which he was fined

for previous violations of the order in the field of surveying.



(2) the penalty is due within 30 days of the effective date of the decision,

which was saved, and is income of the State budget of the Czech Republic.

The fine collected and enforced by the territorial financial authority under special laws

legislation. ^ 13a)



12A) § 3a (e). g) Act No. 357/1992 Coll., as amended

regulations.



12B) § 4 (b). (f)) of Act No 359/1992 Coll., as amended.



12 c) Act No. 200/1990 Coll. on offences, as amended

regulations.



13) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

amended.



13A) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended. ".



The sixth section is known as the seventh section.



30. In article 20 (2). 1 the words "Czech Office and land registry zeměměřický"

shall be replaced by the word "authority".



31. in section 20 (2). 1 (b)):



"(b)) subject matter and content management of base and thematic State map

works, except for works, which are the results of the activities referred to in article 11 (1) 3,

and to standardize the geographic nomenclature ".



32. In section 20 (2). 1 at the end of the dot is replaced by a comma and the following

letters e) and (f)), which read as follows:



"e) the content and method of carrying out the tests,



(f) the content and method of implementation) comparative examination of professional competence. "



Article II



Transitional and final provisions



(1) the official permissions granted before the date of entry into force of this Act

remain in force.



(2) the procedure for the granting and withdrawal of official permissions, initiated before the date of


entry into force of this law shall be completed in accordance with the regulations in force in the

the time of their initiation.



PART TWO



AMENDMENT OF THE ACT ON THE SURVEY AND CADASTRAL AUTHORITIES



Article. (III)



Act No. 357/1992 Coll., on the survey and land registry authorities in

amended by Act No. 108/1994 Coll., Act No. 200/1994 Coll., Act No. 62/1997

Coll. and Act No. 132/2000 is amended as follows:



1. In paragraph 3, the letter j) the following points (k)), and l) are added:



"k) organizes and ensures the proficiency tests and comparative

examination of professional competence for the granting of official permissions,



l) leads the list of natural persons to whom granted official permission ".



To be repaced by) is referred to as the letter m).



2. In section 3a of the letter g) including footnote No 6 d) is added:



"(g) infringement of the right) hears of surveying under a special

the law ^ 6 d)



6 d) § 17a. 1 (b). (b)) in point 1, section 17a. 1 (b). (c)) and § 17b para.

1 (b). and) Act No. 200/1994 Coll., as amended. ".



3. in paragraph 4 (f)) including footnote No. 8a):



"(f) violations of the right to discuss) the section surveying by

a special law, ^ 8a)



8A) § 17a. 1 (b). and (b))), section 2, § 17a. 1 (b). (d)), and (e)), §

paragraph 17B. 1 of Act No. 200/1994 Coll., as amended. ".



4. In paragraph 5, point (a)) the following new subparagraph (b)), which read as follows:



"(b) zhušťovacích points) carry out management and detailed field position and

the height, ".



Subparagraph (b)) to e) shall become letters (c)) to (f)).



5. Part II is deleted.



PART THREE



THE PUBLICATION OF THE FULL TEXT OF THE ACT



Article IV



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

Act No. 200/1994 Coll., on surveying and amending and supplementing certain

laws related to its introduction, as derived from the laws of the

changing.



PART FOUR



The EFFECTIVENESS of the



Article. In



This Act shall take effect on 1 January 2000. July 2001, with the exception of article. (I)

(17) with regard to § 14 para. 4, which shall take effect on the date of entry

the Treaty of accession of the Czech Republic to the European Union enters into force.



Klaus r.



Havel, v. r.



Zeman in r.