41/2015 Coll.
LAW
Dated 10 February 2015
Amending Act no. 334/1992 Coll., On protection of agricultural land
fund, as amended, and Act no. 388/1991 Coll., On the State Environmental Fund
Czech Republic amended
Parliament has passed this Act of the Czech Republic:
PART ONE
Amendment to the Act on Protection of Agricultural Land
Art. I
Act no. 334/1992 Coll., On protection of agricultural land fund, as amended
Act no. 10/1993 Coll., Act no. 98/1999 Coll., Act no. 132/2000 Coll.
Act no. 76/2002 Coll., Act no. 320/2002 Coll., Act no. 444/2005 Coll.
Act no. 186/2006 Coll., Act no. 222/2006 Coll. Act no. 167/2008 Coll.
Act no. 9/2009 Coll., Act no. 227/2009 Coll., Act no. 281/2009 Coll.
Act no. 402/2010 Coll ., Act no. 375/2011 Coll., Act no. 503/2012 Coll.
And Law no. 64/2014 Coll., Is amended as follows:
First In § 1 para. 2 the words "Permanent grassland (hereinafter referred to as" agricultural land
")" is replaced by "permanent grassland" and the words "(hereinafter
" temporarily uncultivated land ")" is replaced "(hereinafter referred to as" agricultural land
")".
Second In § 1 para. 3, the words "protection against erosion terraces" are replaced
"technical erosion control measures."
Third The title of Part II reads: "land-use change and Privacy Policy
FARMLAND".
Fourth § 2 and 3, including headings and footnotes Nos. 18 and 28, added:
"§ 2
Change of use of agricultural land
Agricultural land registered in the cadastre ^ 18) as
permanent grassland can be changed to cropland only protection authorities
agricultural land fund granted based on an assessment
physical or biological features of agricultural land, Risk
threat to agricultural soil erosion, including the position thalwegs and implemented measures to reduce these risks
such as slope furrow.
§ 3
Privacy farmland
(1) It is prohibited
A) pollute agricultural land by the introduction of substances, preparations or
organisms into farmland or her, whose amount exceeds
preventive values that represent the upper limit of the content of hazardous substances and
risk elements specified by the implementing legislation ;
for pollution of agricultural land is not the use of substances and preparations
on agricultural land in accordance with special legislation 28)
B) cause threat to farmland erosion
crossing the permissible extent of the erosion threat determined by the implementing legislation;
Permissible level of erosion hazard is determined based on the average long-term
soil loss in tonnes per 1 ha for one year, depending on the depth
land
C) use agricultural land for non-agricultural purposes without the consent of the custodial
of agricultural land, except in cases where consent is not necessary
and
D) impair the physical, chemical or biological properties of agricultural land
its compaction zamokřováním, drying, overlapping
disruption or erosion.
(2) into agricultural land or it is forbidden to bring other substances or preparations
than allow special legislation ^ 28).
(3) On agricultural land, where it was found to exceed the value of preventive
is prohibited treated sludges and sediments.
On farmland where it was found to exceed the value of the indicator is
banned the use of fertilizers or products that contain hazardous substances or
risk factor, for which exceeded indicator values
occurred; indicator values means the content of hazardous substances or
risk elements in the farmland beyond which there is
threats to food safety or animal feed
direct danger to human or animal health when in contact with soil and a negative impact on | || production function of agricultural land, set
implementing legal regulation.
(4) The owner or other person who is entitled
agricultural land use, are obliged to use it, or maintained in accordance with the characteristics of the type of property
^ 18), unless the
A) its use in accordance with the agreement with the temporary imprisonment
agricultural land from the agricultural land fund
B) management's land block included in the register of land
According to the Agriculture Act and in accordance with this evidence, or
C) farming on land that is used after land consolidation
original way, if you do not implement the collective
according to the Law on land consolidation and land offices.
(5) Farmland depending on the quality divided into 5 categories
protection of agricultural land fund (hereinafter "protection class")
defined by an implementing regulation. Farmland I. and II.
protection class can not be used as a plantation tree ^ 18).
(6) agricultural land can be used as a plantation tree ^ 18)
use for a maximum period of 10 years. If it is a coppice plantation trees can thus
agricultural land use for a maximum period of 30 years;
length of one growing cycle must not exceed 10 years. The owner, or other person who is entitled
agricultural land use, are required within 1 year of
end use of agricultural land as a plantation tree ^ 18)
remove stumps and rehabilitate it to be eligible for further
agricultural use. After the last growing cycle must be
agricultural land use is another way for at least 3 years.
(7) The owner or other person who is entitled
agricultural land use, are required to notify the planting of trees or
beginning of a new growing cycle and termination method of use of agricultural land as a plantation tree
^ 18) body protection of agricultural land referred to in § 15
always within 15 days of planting, the beginning of a new growing cycle
or termination method of use of agricultural land as a plantation tree ^ 18).
This obligation does not apply to persons who report these facts
or reported to the State Agricultural Intervention Fund and
when submitting applications for grants under the directly applicable EU regulations governing
common rules for direct support schemes under the
common agricultural policy.
18) Act no. 256/2013 Coll., On Land Registry (Cadastral Act).
Decree no. 357/2013 Coll., On Cadastre (cadastral
Decree).
28) For example Act no. 156/1998 Coll., On fertilizers, soil conditioners
substances, auxiliary plant preparations and substrates and
agrochemical testing of agricultural soil (Fertilizers Act), as amended by later
regulations, the Act no. 326/2004 Coll., on phytosanitary care and
amending certain related laws, as amended, code
R10 Annex no. 3 of law no. 185/2001 Coll., on waste and amending
some other laws. ".
Footnotes Nos. 1 to 4 shall be deleted.
Fifth Under § 3, the following § 3a-3c, which, including the headings and notes
footnote. 29 and 30, added:
"§ 3a
Use of sediment on agricultural land
(1) Use of sediment ponds, water reservoirs and waterways is
farmland only possible if it is arable land ^ 18) or permanent grassland
^ 18) while recovering and with the consent of the authority
agricultural land protection and subject to the terms and procedures stipulated by the
fertilizers. When restoring permanent grassland
agro operation following his plowing
not exceed a period of 2 years, with new plowing can not be done before the end of the fifth year after completion of the process
renewal of permanent grassland. Consent shall be given if the deposits
meet the requirements of their qualitative characteristics
set by special legislation 29) and if they are not using
sediments on land damaged by favorable physical, biological or chemical properties of the soil
.
(2) An application for consent to use the sediments of lakes, ponds and watercourses must
addition to the requirements under the Administrative Procedure contain
A) identification of the land on which they are to be used sediments,
and bringing the total amount of sediment in tonnes of dry matter which has to be used
them; if the land is included in the register of land under the Act on
agriculture, identifies the identification number of the land block
or part of a land block and its acreage otherwise identifies
cadastral territory and parcel number of the land
B) the consent of the owner of agricultural land, on which sediment
be used, or any other person who is entitled to this farmland
use, unless the applicant
C) the quality of sediments to the extent determined by a special legal regulation
^ 29), not older than 3 years
D) an indication of the origin of sediments
E) information about how the sampling of soils and sediments and technological
sediment processing before use
F) the quality of the land sediments to be used in
extent determined by special legislation 29)
G) laboratory confirmation of collection and evaluation of samples of sediment and soil
which are to be used sediments, indicating accreditation
implementation of sampling and analysis for the matrix soil and sediment
H) placing an intermediate stockpile in the manner specified in subparagraph a) and
I) the expected date of commencement of the use of sediment.
(3) If and when you meet the qualitative characteristics of sediment laid down
special legislation 29)
suspected presence of hazardous elements or hazardous substances in the sediment, which does not
special legislation, and consequently the risk of damage
favorable physical, biological or chemical properties
farmland protection authority may agricultural land fund applicants
save processing ecotoxicological tests under a special legal regulation
^ 29). If by ecotoxicological tests the toxicity of sediment
agreement can not be granted.
(4) The body of agricultural land fund keeps records on the use
sediments from ponds, reservoirs and water courses on agricultural land
in its administrative district and submit data to the register of land under the Law on agriculture
. The contents of the register are
A) the date of coming into force of approval issued under paragraph 1, or
day when the decision for which consent was mandatory
substrate
B) the amount of sediment in the sediment tonnes of dry matter per hectare
C) the quality of the sediment
D) data on the origin of sediment
E) data on the grounds, which is an intermediate stockpile,
F) data on the grounds, which are to be used sediments, and
G) the date of application sediments.
(5) Commencement of use sediment is justified by the consent in accordance with paragraph 1
obliged to notify the agricultural land protection, which
agreement issued at least 14 days in advance. Agreement expires, if the use of sediment
not commenced within 3 years of the date on which
came into force or from the date of the coming into force of the decision
for which consent was mandatory basis.
§ 3b
Capturing and recording of information on the quality of agricultural land and registration
removal of agricultural land
(1) Information about the quality of farmland containing information about
A) the content of hazardous elements and hazardous substances in agricultural soil,
B) the physical, chemical and biological properties of farmland and
C) the degree of erosion hazard farmland.
(2) The bodies of agricultural land protection information is given pursuant to paragraph 1
derived from activities carried out under this Act to register
information about the quality of agricultural land. Evidence about quality
farmland is part of the land parcel under the Law on agriculture
guided in its separate parts. Bodies agricultural land protection fund
have access to parts of the land parcel under the Law on agriculture
needed for work performed under this Act.
(3) The information contained in the register of information on the quality of agricultural land
are used to evaluate the quality of agricultural land and its development
by bodies agricultural land protection, especially
unfavorable changes; unfavorable changes in agricultural land is considered
exceeding the preventive value of agricultural land or a state where the
interval of two surveys deteriorated monitored
features of agricultural land referred to in paragraph 1
(4) Authorities agricultural land protection
send the data related to the withdrawal of agricultural land from the agricultural land fund
including data on payments for withdrawal within 30 calendar days of
decision comes into force, whose basis is the agreement to the withdrawal,
or the date on which the decision to grant the custodial
and the effective date of the decision on registration levies to withdraw
agricultural land from the agricultural land fund headed by the Ministry || | environment via the designated electronic applications
The electronic form prescribed by the Ministry of Environment
environment.
§ 3c
Procedures pollution of farmland or farmland threat
erosion and remedial measures
(1) The bodies of agricultural land protection saves the originators of malicious
state of remedial measures to remedy defects caused
breach of the obligations specified in § 3, with the exception of paragraph. 1 point. b)
and measures to remedy the defective condition resulting from failure to comply with the conditions of their consents issued
. The cost of the remedial measures originator carries the defective condition.
The obligations resulting from the remedial measures imposed by the originator of the defective condition
pass to his successor.
(2) As a remedial measure can be depending on the detected contamination
farmland impose special crop rotations, agro and
ameliorative measures aimed at improving soil quality, accessibility
reduction or withdrawal of hazardous elements and hazardous substances ,
or change of land. The remedy when erosion threat elect
producer of a defective state by implementing legislation.
(3) detected exceeding the indicator values in relation to the requirement for
food safety authority agricultural land protection
notify the State Agricultural and Food Inspection Authority and in relation to
requirement for wholesomeness of feed and the Central Audit
testing agricultural institute.
(4) Exceeding indicator values in relation to public health authority
agricultural land protection notify the landowner and county
sanitary station and crossing indicator values in relation to animal health threats
notify the owner of the land and the State veterinary administration.
(5) Remedial measures will not be saved if it was to remedy environmental damage
decision on imposing remedial measures pursuant to the Act on Prevention
environmental damage and its remedy ^ 30).
Initiated proceedings on imposing remedial measures body agricultural land protection
stopped, if it was to remedy environmental damage procedure initiated
corrective measures under the law on the prevention of environmental damage and its remedy
.
(6) owners and other persons who are authorized to use
agricultural land to which the remedies binds and who are not originators
defective state, are obliged to tolerate the implementation of corrective measures.
For this purpose, they are obliged to allow access to their land and suffer in
extent necessary constraints of normal use of its land.
29) Act no. 159/2009 Coll., As amended.
Decree no. 257/2009 Coll., On the use of sediment on agricultural land.
30) Act no. 167/2008 Coll., On prevention of environmental damage and its
remedy and amending certain laws, as amended. ".
6th The title of Part III, the word "principles" replaced by the word "super".
7th § 4 reads:
"§ 4
(1) for non-agricultural purposes must be used primarily
non-agricultural land, undeveloped and underutilized land in built-up areas
or undeveloped plots of building land outside these buildings
territory, building vacant lots and areas received demolition
antiquated buildings and equipment. If he must, if necessary, result in removal of agricultural land from the agricultural land fund
is necessary above
A) withdraw farmland primarily on the areas suitable,
B) withdraw, preferably less quality agricultural land; quality criterion
soil protection classes
C) minimize distortion organization of the agricultural land fund,
hydrology and drainage conditions in the area and a network of agricultural purpose
communications
D) withdraw a minimum area of farmlands, and after completion
agricultural activities to prioritize agricultural use
land
E) when placing directional and linear structures as a minimum, management
farmlands, and
F) after the end of the authorization shall undertake agricultural activities such
landscaping to the land in question could be reclaimed and was
eligible to perform additional functions in the landscape as planned reclamation.
(2) The essential case is considered in particular the lack of areas declared
In paragraph 1 in the municipality, which has to be the intention that touches
Agricultural Land Fund (the "plan"), implemented, or at
territory of two or more municipalities, where it is a plan which extends beyond the territory
municipality or public works or community action.
(3) Farmland I. and II. Class of protection may be withdrawn only
when another public interest significantly outweighs the public interest
protection of agricultural land.
(4) Paragraph 3 shall not apply in assessing those areas that are
contained in the applicable zoning documentation, if at the new territorial
planning activity has come to change their destination. ".
Footnote. 5 is repealed.
8th In § 5 para. 3, "or territorial agreement" shall be deleted and the words
"land" the words "issued in accordance with § 9".
9th In § 6, at the end of paragraph 2 sentence "Application for consent
contains justification and evaluation referred to in paragraph 1
prior approval of the Ministry of the Environment to the determination of a claim by the Mining Act
^ 31), a graphical representation of the border bearings, or block
mineral reserves according to results of exploration, if it is possible
represented, reclamation and design study. ".
Footnote. 31 reads:
"31) § 24 para. 2 of Act no. 44/1988 Coll., On the protection and utilization of mineral
Resources (Mining Act), as amended.".
10th § 7 including the heading and footnotes. 10-12 reads:
"§ 7
When processing the documentation for the location of a project
(1) Documentation for zoning decisions requiring approval by
§ 9 must be prepared taking into account the principles of blanket protection
agricultural land fund (§ 4), the location of the building must be designed
so on the protection of agricultural land fund and other
legally protected public interests were the fewest losses
agricultural land fund, and it should be evaluated
implications of the proposed solutions to the agricultural land fund.
(2) Alternatives placement shall be prepared always, if it is a building location
outside the urban area except where the location of the building in accordance with
A) the applicable principles of urban development or valid land use plan, or
B) proposal of routes of overhead and underground lines, terrestrial communications
^ 10), the national railway ^ 11) and waterways and their components
^ 12), to which the authorities agricultural land protection granted
statement under paragraph 4.
(3) The builder routes of overhead and underground lines, ground
roads, national railways and waterways and includes a
obliged to propose the location of the building, so that in terms of protection
farmlands, and other law
protected public interests were the fewest losses of agricultural land, and
also evaluate the impact of the proposed solutions to this fund.
Evaluation should be attached to the application for statement under paragraph 4.
(4) The request for routes of overhead and underground lines, roads,
national railways and waterways and their components have always expressed
body protection of agricultural land, while in its statement
propose measures to ensuring the protection of agricultural land;
Statement is preliminary information under the Administrative Procedure Code the conditions for
consent to the removal of agricultural land from the agricultural land fund.
(5) expressed by the agricultural land protection pursuant to paragraph 4
not need
A) if the construction of the route of overhead and underground lines, ground
roads, national railways and waterways and their parts
take place in areas designated for this purpose by the applicable principles
urban development or a valid land plan or if the conditions for the placement
routes of overhead and underground lines, roads,
national railways and waterways and feature set
regulatory plan
B) if they are part of the solution contained in the documents of other structures, for
which consent has been given a sentence of § 9, driving
overground and underground lines, roads, railways or waterways nationwide
roads and their parts,
C) in the case of a draft amendment to route overhead and underground lines
roads, national railways and waterways and their
Part or
D) in the case of adjustment of the vertical alignment, width and parameters of curves
existing aboveground and underground lines, roads, railways
national and waterways.
(6) Request for Information pursuant to paragraph 4 shall in addition to requirements by the Administrative Procedure contain
A) plotting the proposed route of overhead and underground lines, ground
roads, national railways and waterways and their components into an image
cadastral maps showing the individual concerned
plots of land belonging to the Agricultural Land Fund by cadastral territory
B) data on hydrology and runoff,
C) data network agricultural tertiary roads and rural roads,
D) data on soil ecological units concerned
lands and their classification into classes of protection in the case where there is a possible alternative routes
location of overhead and underground lines, roads,
national railways and waterways and their parts, and
E) brief data on the technical design of the building.
10) Act no. 13/1997 Coll., On roads, as amended
regulations.
11) Act no. 266/1994 Coll., On Railways, as amended.
12) Act no. 114/1995 Coll., On Inland Navigation, as amended
regulations. ".
Footnote. 9 is repealed.
11th In the heading of § 8, the words "industrial activity", the words "
landscaping."
12th In § 8. 1 introductory part of the words "industrial activity
" the words "and landscaping" and the word "obliged" to
words "assess the expected impact of the proposed solutions to the agricultural land
and fund ".
13th In § 8. 1 letter a) reads:
'And) hide away the top layer of soil cultural, or even deeper
stored soil fertilization able to question the entire surface
and ensure their efficient use or proper storage for reclamation
or provide their own expense removal and spreading to areas designated authority
agricultural land protection, if justified
cases the authority has granted an exemption from the obligation to carry out stripping
above earth; as justified case is considered particularly
withdrawal of agricultural land from the agricultural land fund
First for afforestation, or declaration of land intended to fulfill forest functions
,
Second the reasons for inclusion in the type of property other area, where the land is not agriculturally
cultivate
Third in order to protect nature and landscape
Fourth for the protection of archaeological sites, or
Fifth for the establishment of protection zones of water resources of the first degree and protective zones
first grade natural medicinal and protective zones of first degree
sources of natural mineral water ".
14th In § 8 par. 2 point. c) the words "or the lessee of the land
belonging to the Agricultural Land Fund" is replaced by "concerned
farmland, or other person authorized this farmland
use".
15th In § 9, paragraphs 1 and 2, including footnote no. 32 added:
"(1) The removal of agricultural land from the agricultural land for non-agricultural purposes
requires the consent protection authority
agricultural land. Intent, which requires the removal of agricultural land from the agricultural land fund
can not be authorized under special legal regulations
^ 32) without this agreement, except as specified in paragraph 2.
When assessing withdrawal of body preservation of agricultural land | || fund is based on the total area of agricultural land required for the target
plan.
(2) Consent pursuant to paragraph 1 is not necessary if it is to be removed from the agricultural land withdrawn
farmland
A) in built-up areas for
First construction, including related built-up areas with an area of 25 m2, or
Second Housing construction or public works
placement in a vacant lot on the size of 0.5 ha
B) for positioning
First signals, stabilization stones and other brands for surveying purposes
manholes, underground lines and poles overhead lines,
mobile network, if in individual cases is not a
area larger than 30 m2
Second pumping stations, wells, wells and BTS Skytrain or
Underground lines and wind pits, if in individual cases is not
about an area larger than 55 m2 or
Third projects on undeveloped parts built building plot
C) recovery of natural riverbeds or
D) non-agricultural purposes for a period of less than one year including the time required for placing
agricultural land to its original state if the term
launch non-agricultural use of farmland for at least 15 days notice in writing to the authority
protection of agricultural land referred to in §
15th
32) For example Act no. 183/2006 Coll., On territorial planning and building
Code (Building Act), as amended, Act no. 13/1997
Coll., On the road, as amended, Act no.
266/1994 Coll., on Railways, as amended, Act no.
254/2001 Coll., on waters and amending some laws (the water Act) | || amended, Act no. 44/1988 Coll., on protection and use
mineral Resources (Mining Act), as amended. ".
Footnotes. 13-17 are deleted.
16th In § 9, paragraph 4 reads:
"(4) The subject of the removal of agricultural land from the agricultural land fund in the
building a house and buildings for family recreation, where
land adjacent to the building in the future would serve as a garden ^ 18), the area
needed for the building and associated paved areas, while conditions
necessary to ensure the protection of agricultural land are determined to
entire area of farmland affected construction. ".
17th In § 9, after paragraph 4 the following new paragraph 5
including footnote no. 33 reads:
"(5) In deciding on the intention to apply § 4 para. 3, in the case of intent
) Public transport or public technical infrastructure ^ 33)
the placed in a corridor defined in the applicable development principles on the basis of the evaluation
location of a project, professionally established acreage estimate
occupied farmland and its inclusion in classes protection
B) placing on developable surface defined in the applicable policies
territorial development based on the location of a project evaluation, professionally
determined estimate of acreage occupied by farmland and its inclusion in
protection classes,
C) developable surface as defined in the applicable zoning plan,
D) of production in the established mining areas, or
E) prospecting and exploration of minerals in the specified survey areas.
33) § 2 para. 1 point. a) Sections 1 and 2 of the Building Act. ".
Former paragraphs 5-7 become paragraphs 6 to 8
18th In § 9, paragraph 6 reads:
"(6) The request for consent to the withdrawal of agricultural land from the agricultural land fund must
addition to the requirements under the Administrative Procedure
include the purpose of the intended withdrawal, evaluation of the expected consequences of the proposed
solutions to agricultural land fund and justification why the proposed solutions
terms of agricultural land protection, the environment and
other legally protected public interests best. If
subject of withdrawal only phase of a larger project applicant shall give its final
expected range, especially the overall requirements
agricultural land. The application connects
A) cadastre data about land affected by the proposed withdrawal
agricultural land from the agricultural land fund is concerned, indicating
ownership or user relationship to the land in question, and
further acreage parcels or parts thereof and plotting the proposed withdrawal in
copy of cadastral maps, possibly with orientation
plotting plots of land earlier evidence,
B) to the owner of agricultural land, whose withdrawal from the agricultural land fund
proposes, or other person who is entitled to this
agricultural land use, unless the applicant for the proposed withdrawal
,
C) the calculation of charges for removal of land from the agricultural land fund, including
method of calculation under Annex hereto and including
input data used for the calculation, unless the withdrawal, in which levies does
,
D) Reclamation Plan has to be ground after completion of the purpose withdrawal
returned to agricultural land fund or reclaimed by afforestation or establishment
water surface
E) the preliminary Balance of cultural overburden soil layers and a proposal on how
their economical utilization
F) evaluation and design of the alternatives under § 7 para. 1 and 2
G) the results of pedological survey
H) data on drainage and irrigation,
I) data on erosion control measures
J) drawing of borders soil ecological units showing
protection classes and
K) information, in which subsequent proceedings under a special legal regulation should be
consent to the withdrawal of agricultural land from the agricultural land fund
basis. ".
19th In § 9, after paragraph 6 the following paragraph 7 is added:
"(7) If a mining application for consent to the withdrawal
agricultural land from the agricultural land fund, the addition to the requirements under paragraph 6
include the results of geological survey and data
the level of underground water. ".
Former paragraphs 7 and 8 are renumbered 8 and 9
20th In § 9 par. 8 letter c) reads:
"C) approved Reclamation Plan under paragraph 6 point. d) or
down special arrangements for its implementation in terms of time and performance
completion of work if they are special reasons for it at fracture (surface)
coal and kaolin or during the geologic exploration work, particularly
in very deep wells. "
21st In § 9, at the end of paragraph 8 is replaced by a word "and" and the following
point e), added:
"E) defining the stages for projects carried out in stages.".
22nd In § 9, paragraph 9 reads:
"(9) The amount of contributions define the body for the protection of agricultural land fund only
orientation. The final amount of contributions is determined in accordance with § 11. ".
23rd In § 10 paragraph. 1, the words "§ 9. 6" is replaced by "§ 9. 8
for projects requiring a permit under special laws".
24th In § 10, at the end of paragraph 2 the following sentence "protection authority
Agricultural Land Fund at the proposal of the person referred to in paragraph 1 change
final decision to consent to the withdrawal of agricultural land from the agricultural land fund
(§ 21) if conditions changed
relevant to the content of the agreement. Changing permission for mining of mineral resources
run in the mining area in order to protect
nature is possible only on the basis of the opinion of the nature conservation authority
intent publication registered significant landscape element or
temporarily protected area. Changes to the consent of the nature protection
not exceed 10% of the originally approved plan designed
reclamation. Changing the consent of the nature protection is effective from the date of entry into force
Holder significant landscape element
or the date on which the decision to declare temporarily
protected areas. ".
25th In § 10 paragraph 3 reads:
"(3) consent to the withdrawal of agricultural land from the agricultural land fund
expires expiry of 3 years from the date of its notification to the applicant, if
become a basis for proceedings under special laws.
Was when consent is given in the form of a decision (§ 21) shall expire
unless the implementation of the project started within 3 years from the date of coming into power
. ".
Footnotes. 19 and 19a are deleted.
26th In § 10, the following paragraph 4 is added:
"(4) If it is a permanent removal of agricultural land from the agricultural land fund
, is the basis for registration of change of land in the real estate
decisions under special laws, or
final decision on consent (§ 21). ".
27th § 11 reads:
"§ 11
(1) A person who testifies permission for the project for which consent has been given a custodial
agricultural land from the agricultural land fund, it is required for
WITHDRAWN farmland to pay a levy in the amount determined in accordance with Annex
to this Act.
(2) The amount of charges for removal of land from the agricultural land fund decides
body agricultural land protection under Annex hereto
after the initial implementation plan. For projects carried out in stages
defined in accordance with the deprivation of body preservation of agricultural land
fund decides levies separately for withdrawal for each
stage after its launch.
(3) When deciding on levies body agricultural land protection
based on the legal situation on the date of entry into force of the first decision
Issued in the case by special legislation, or
decision to consent (§ 21).
(4) liable to pay levies is obliged to protect the institution of agricultural land
competent to decide on levies and body protection
agricultural land fund, which issued the custodial
A) deliver a copy of the final decision, for which a custodial agreement with
substrate, or the decision to consent (§ 21), and it
1 year from the date of its validity, and
B) notify in writing the commencement of implementation of the plan or launch another
phase of the project, and no later than 15 days before the visit.
(5) liable to pay contributions according to § 11 paragraph. 3 is obligated body
agricultural land protection competent to decide on levies
announce the change of the method of application and submit a copy permissions to perform
change, within one month from this change.
(6) If there is a change in the person liable for the payment of levies, the new
obliged to pay levies shall report and document protection authority
agricultural land fund, which issued the imprisonment and organ || | agricultural land protection competent to decide on levies
this change, within one month from this change.
Original payment obligation to pay compulsory levies expires, with the exception of arrears, the day
decision comes into force, which is the obligation to pay levies imposed
new principal.
(7) If no decision on levies issued after the initial implementation plan
amount of payments corresponding period pending a decision on the levies
added to the first payment of contributions, starting from the date of commencement of the implementation of the project
. '.
28th Under § 11, the following new § 11a and 11b, which including footnotes
fn. 34 and 35 are added:
"§ 11a
(1) Payments for land is permanently withdrawn simultaneously unless, in the case of withdrawal
agricultural land from the Agricultural Land Fund
A) construction of railways, including their components ^ 34), if the builder and the owner subsequently
State
B) construction of roads owned by the state ^ 35), including their
parts and accessories
C) construction of primary agricultural production carried
registered agricultural enterprise in accordance with the Law on Agriculture,
D) construction of tertiary roads serving the
management of agricultural and forest land,
E) structures and equipment erosion protection,
F) the construction of wastewater treatment plants,
G) the change of land type on the type of property other area the way
use of greenery, if the land in question concourse,
H) afforestation on the lands in IV. and V. class protection
I) buildings in the public interest, whose main purpose is the protection
flood
J) of bicycle paths or parts constructed in accordance with the principles
urban development or a valid land use plan, or
) Securing the interests of nature and landscape protection under the Act on the Protection of Nature and Landscape
if it has registered a significant rise
landscape element or temporary protection (§ 10 par. 3), converting the type || | land
First other area to patterns of barren land
Second water area to patterns of waterlogged soil or
Third forest land to patterns of forest other than economic.
(2) For the construction of primary agricultural production are not buildings containing
living room, structures for processing and sale of agricultural production and construction
linked to livestock, which serves other purposes, such
racecourse or training hall.
(3) If, within 5 years from the date of entry into force of the decision, which
binding agreement became part of the custodial
agricultural land from the agricultural land fund for the purpose referred to in paragraph 1, or the day | || decision comes into force on such consent (§ 21) to change the purpose
use of space on the purpose of use for which the levy stipulate payments
down under § 11th liable to pay levies is the one who testifies
permission to change the purpose of use. When deciding on levies
is based on the legal status of the legally effective date of changes intended use.
§ 11b
(1) Payments for agricultural land permanently withdrawn simultaneously from agricultural land
fund pays a lump sum. Payments for agricultural land temporarily withdrawn
of agricultural land is paid annually until the completion
reclamation plan approved by [§ 9. 8 point. c)] or
Extinction reclamation obligations under paragraph 4, or to the date of entry into force
Holder significant landscape element or
of legal force of a decision declaring
temporarily protected area.
(2) Termination of reclamation is confirmed on the basis of field investigation authority
agricultural land protection, which issued the custodial
agricultural land from the agricultural land fund. Confirmation of completion
withdrawal to the office.
(3) If the agricultural land permanently withdrawn from agricultural land fund
for mining performed in a specified mining
space and have to be concerned land after the completion of the purpose withdrawal
reclaimed under the approved plan reclamation and afforestation
establishment of water surface, contributions are paid as temporary withdrawal.
(4) From the date of entry into force of the decision, which is binding part
agreement with the permanent deprivation of agricultural land from the agricultural land
fund, or from the date when the decision on approval (§ 21) || | permanent imprisonment, terminates the obligation of reclamation given prior consent
with temporary imprisonment on the same surface.
(5) The portion of the levies amounting to 55% of the revenue of the state budget, 15% is
budget revenue of the State Environmental Fund of the Czech Republic and
30% of the budget revenue of the municipality in whose territory the agricultural ablate || | soil located. Charges which are municipal budget revenues, may be
used only to improve the environment in the village and for the protection and restoration
nature and landscape. If the custodial agricultural land from the agricultural land fund
affect agricultural land on the territory of several municipalities
part attributable to the municipal budget to the municipality allocated in proportion to the area
withdrawn farmland.
34) § 9 of Decree no. 177/1995 Coll., Which issues building and technical
Railways Regulations, as amended.
35) § 9 par. 1 of Law no. 13/1997 Coll., On Roads,
amended by Act no. 132/2000 Coll. ".
29th In § 12 para. 1 the words "(§ 11 para. 10)" are deleted.
30th In § 12 para. 2 "(§ 11 para. 11)" are deleted.
31st In § 12 para. 3, the final part of the provision repealed.
32nd In § 12 paragraph 4 reads:
"(4) Payment shall not apply if the amount of levy
A) paid a lump sum does not exceed the total amount of CZK 100
B) for the temporary withdrawal exceeds the amount of CZK 50 per year. ".
33rd In § 12 the following paragraphs 5 and 6 are added:
"(5) Interest on late payment shall not prescribe a person liable to pay the levy arises
obligation to pay, if not exceed in the aggregate with one tax administrator
amount of CZK 200.
(6) In the administration of the payment of levies according to Tax Code. ".
34th The title of Part VII reads: "STATE ADMINISTRATION IN THE FIELD OF
agricultural land fund".
35th § 13, including footnote no. 36 reads:
"§ 13
(1) Bodies agricultural land protection is
A) municipal authority with extended powers
B) regional office
C) the management of the national park
D), the Czech Environmental Inspectorate (hereinafter the "Inspection") and
E) The Ministry of the Environment.
(2) in the military domain ^ 36) performs the function of body protection of agricultural land fund
military zone office.
36) Act no. 222/1999 Coll., On the defense of the Czech Republic,
amended. ".
Footnote. 22 is deleted.
36th § 14 is deleted.
37th § 15 reads:
"§ 15
Municipal authority with extended powers
) Decide according to § 1 para. 4 whether the site is part
agricultural land fund
B) granted in accordance with § 2 permission to change permanent grassland to cropland
,
C) imposes measures to remedy the defective condition resulting
breach of the obligations specified in § 3 para. 1 point. c) and d) and § 3 para. 4-6 and
failure to comply with the conditions he had issued consent
D) monitors the implementation
First the obligations specified in § 3 para. 1 point. b) to d) and § 3.
4 to 6
Second the conditions he had issued consent, including reclamation,
Third it imposed a remedial measure,
E) grants permission according to § 3a par. 1 for use in sediments from lakes, reservoirs and
watercourses and keep records of their use
F) regarding the threat of erosion of agricultural land under § 3b captures
Information farmland and evaluate its condition, and the data is transferred to
register of information on the quality of agricultural land
G) send in accordance with § 3b paragraph. 4 data related to custodial
agricultural land from the agricultural land fund in the register of use of agricultural land
H) applies under § 5 para. 2 position on the regulatory plans with the exception of the regulatory plans
procured on the basis of the principles of territorial
development
I) grants under § 7 para. 4 observations on the applications and overground routes
underground lines, roads, waterways and their
part where the route of overhead and underground lines, land and water communications
roads and their components does not exceed
administrative district of municipalities with extended powers
J) grant under § 9. 8 consent to the withdrawal of agricultural land from the agricultural land fund
if it is to be affected agricultural land with an area of less than or equal
1 ha, and suspension or permanent withdrawal of
temporary levy issued by the approvals it has issued a certificate of completion
reclamation under § 11b paragraph. 2
K) decide according to § 11 para. 2 of the removal of agricultural land from the agricultural land fund
,
L) deal with administrative offenses under this Act, unless their
discuss relevant inspection
M) is concerned administrative authority under the Act Impact Assessment
environment if they are to affect land belonging to
agricultural land with an area of less than or equal to 1 ha, and
N) carries out state administration in the area of agricultural land protection,
unless pursuant to this Act, the competent authority of the other. ".
38th Under § 16 the following § 16a is inserted:
"§ 16a
Inspection
A) checks
First compliance with the obligations set out in § 3 para. 1 point. a) and § 3.
2 and 3,
Second fulfillment of remedial measures imposed under subparagraph b)
B) imposes measures to remedy the defective condition resulting
breach of the obligations specified in § 3 para. 1 point. a) and § 3 para. 2 and 3,
C) discusses administrative offenses pursuant to § 20 para. 1 point. a), e), f) and h)
and § 20a paragraph. 1 point. a), e), f) and h); administrative offenses pursuant to § 20 paragraph
. 1 point. h) and § 20a paragraph. 1 point. h) discusses if
a failure to remedy imposed by the inspections and
D) captures information about agricultural land, with the exception of information concerning
soil erosion hazard, assessing its status pursuant to § 3b
transmits this data to a register of information on the quality of agricultural land. ".
39th In § 17 at the end of the text of letter a) the words ", and proposals to separate
up areas of the capital city of Prague and municipalities
where the seat of the county."
40th In § 17 letter. c) the words "paragraph. 3 agreement "is replaced by
" expression ".
41st In § 17 letter d) reads:
"D) grants under § 9. 8 consent to the withdrawal of agricultural land from the agricultural land fund
if it is to be affected agricultural land with an area of 10 ha
, and suspension or permanent withdrawal of the temporary
levy issued by the approvals it has issued a certificate of completion of reclamation according to §
11b paragraph. 2 ".
42nd In § 17 at the end of letter h) is replaced by a comma and
letters i) to m) are added:
"I) sent under § 3b paragraph. 4 data related to custodial
agricultural land from the agricultural land fund in the register of use of agricultural land
J) monitors compliance with the conditions it has issued approvals, including the implementation
reclamation, and it imposed remedial measures,
K) imposes measures to remedy the defective condition resulting from failure to comply with the conditions issued by
consents
L) the appellate administrative body in matters decided inspections or
National Park and
M) is affected administrative authority under the Act Impact Assessment
environment if they are to affect land belonging to
agricultural land with an area of 10 ha. ".
43rd In § 17a introductory part, the words "and in the capital city of Prague
Prague City Hall" are deleted.
44th In § 17a at the end of the text of letter a) the words ", and proposals to separate
up areas, with the exception of built-up area
capital city of Prague and municipalities in which the seat of the county."
45th In § 17a point. c) and d) the words "paragraph. 3 agreement "is replaced by
" expression ".
46th In § 17a point. d) the words "draft national railway" are replaced
words "draft national railway routes" and the words "draft land
roads" are replaced by "draft road route".
47th In § 17 letter e) reads:
"E) grants under § 9. 8 consent to the withdrawal of agricultural land from the agricultural land fund
if it is to be affected farmland
an area larger than 1 ha, less than or equal to 10 ha and
suspension or permanent withdrawal of the temporary levy issued by the approvals issued by
confirmation of the completion of reclamation under § 11b paragraph. 2. '.
48th In § 17a at the end of letter f) is replaced by a comma and
letters g) to j) are added:
"G) shall be sent in accordance with § 3b paragraph. 4 data related to custodial
agricultural land from the agricultural land fund in the register of use of agricultural land
H) monitors compliance with the conditions it has issued approvals, including the implementation
reclamation and remedial measures imposed by it,
I) imposes measures to remedy the defective condition resulting from non-performance
conditions and approvals issued by
J) is affected administrative authority under the Act Impact Assessment
environment if they are to affect land belonging to
agricultural land with an area of more than 1 ha and less than or equal to 10 ha
. '.
49th Under § 17a is inserted § 17b is inserted:
"§ 17b
Central Inspection and Testing Institute of Agriculture
A) passes into the register of information on the quality of agricultural land (§ paragraph 3b.
3 for farmland gained from activities carried out under the Act
on fertilizers, especially information about the content of hazardous elements or hazardous substances
in farmland, physical properties
agricultural land and damaging changes in farmland [§ 3b paragraph. 1 point. a) and b)]
and
B) inform without delay the inspection of cases of contamination or damage
farmland. ".
50th In § 18 paragraph 1 and 2 added:
"(1) An application for consent to the withdrawal of agricultural land from the agricultural land fund
is served by the municipal authority with extended powers,
in whose administrative district the biggest part of the agricultural land that
It is of agricultural land withdrawn. Municipal authority with extended powers
request under the first sentence shall assess, and if not
competent to deal with it, forward it with its opinion
Regional Office. Similarly progresses regional authority if the application processing by
first sentence of the Ministry of the Environment. If located
agricultural land in the National Park, a request under the first sentence
filed with the National Park Administration.
(2) Located where the agricultural land which is the subject of a request under paragraph 1
in the administrative district of two or more organs
protection of agricultural land fund of the same stage, is to control the jurisdiction of the case
the authority of agricultural land fund, in which the couple
is the largest part of agricultural land. ".
51st In § 18, paragraphs 5-8, which including footnote No.
. 37 added:
"(5) The body of agricultural land fund, which is responsible for issuing opinions on
zoning documentation, the relevant authority in
other matters related to territorial planning documents ^ 37).
(6) If the consent to the withdrawal of agricultural land from the agricultural land fund
was issued a municipal authority of a municipality with extended powers, sends
body for the protection of agricultural land fund, which issued the approval,
copy of its written copy municipal municipality with extended powers
in whose territorial jurisdiction the affected farmland or
largest part is located, including the documentation accompanying an application for
consent.
(7) Authorized personnel authority to protect the agricultural land fund
in the performance of control activities under this Act show
card issued by the competent supervisory authority, which is proof of their
commission for review.
(8) samples taken for verification of pollution of farmland
under this Act does not belong to the person whom the sample was taken, compensation.
37) For example, § 55 paragraph. 1 of the Building Act. ".
52nd In § 18a, the words "authorized municipal office, Municipality of the City of Prague
office or district of the capital Prague" are deleted.
53rd § 19 reads:
"§ 19
Where cadastral offices at the new mapping or other
activities associated with the management of the cadastre, or
State Land Office in the management of land consolidation
whose results are used for renewal of cadastral that
due to slight gradual long-term shifts in the boundaries of land belonging to
agricultural land resources, including natural shifts in river beds
flows, there is a natural change in land use, discuss
established fact with affected land owners and state registration status
in accordance with the state detected in the field. ".
54th The title of Part IX reads: "administrative infractions."
55th § 20 including the title reads:
"§ 20
Offences
(1) A person who commits an offense that
A) in contravention of § 3 para. 1 point. a) pollute farmland
B) contrary to § 3 para. 1 point. b) causing danger to farmland
erosion,
C) contrary to § 3 para. 1 point. c) use agricultural land for non-agricultural purposes
without the consent of the custodial
from the agricultural land fund
D) contrary to § 3 para. 1 point. d) impairs the physical properties
farmland
E) contrary to § 3 para. 2 introduces other than authorized substances or preparations
into farmland or her
F) contrary to § 3 para. 3 uses the treated sludge or sediments or
apply fertilizer or a product containing a hazardous substance or hazardous
element of which has been exceeded indicator values
G) contrary to § 3a par. 5 notifies the start of use of sediments in
deadline,
H) fails to comply with remedial measures pursuant to § 3c
I) fails to comply with any term or condition of agricultural land fund set
decision issued on consent to the withdrawal of agricultural
land from the agricultural land fund pursuant to § 10 paragraph. 2, or
decision to consent to the withdrawal by § 21
J) in contravention of § 11 para. 4 point. a) deliver a copy
final decision within the prescribed period,
K) in contravention of § 11 para. 4 point. b) fails to notify the commencement of implementation of the project
within the prescribed period,
L) in contravention of § 11 para. 5 notifies the change in the method of use prescribed
time or
M) in contravention of § 11 para. 6 notifies and submits a change in the person of compulsory levies
for payment within a specified period.
(2) The owner or any other natural person who is entitled
agricultural land use, commits an offense that
A) changes permanent grassland to cropland without consent under § 2
B) contrary to § 3 para. 4 not used or maintained by farmland
accordance with the characteristics of the type of land
C) contrary to § 3 para. 5 uses farmland I. and II. Class
protection as plantation trees,
D) contrary to § 3 para. 6 does not remove tree stumps or fails
reclamation,
E) contrary to § 3 para. 6 will not change the use of agricultural land, or
F) notifies the planting or harvesting trees under § 3 para. 7th
(3) An offense may be fined up
A) 1,000,000 CZK, in the case of an offense under subsection 1. a), c), e) or i
)
B) 100,000 CZK, in the case of an offense under subsection 1. b) or h)
or pursuant to paragraph 2. c), d) or e) or
C) CZK 50 000, in the case of an offense under subsection 1. d), f), g), j)
k), l) or m) or paragraph 2. a), b) or f). ".
Footnotes. 24-26 are deleted.
56th Under § 20, the following new § 20a and 20b, which, including the title added:
"§ 20a
Administrative offenses of legal entities and individuals
(1) A legal entity or natural person commits an administrative offense
that
A) in contravention of § 3 para. 1 point. a) pollute farmland
B) contrary to § 3 para. 1 point. b) causing danger to farmland
erosion,
C) contrary to § 3 para. 1 point. c) use agricultural land for non-agricultural purposes
without the consent of the custodial
from the agricultural land fund
D) contrary to § 3 para. 1 point. d) impairs the physical properties
farmland
E) contrary to § 3 para. 2 introduces other than authorized substances or preparations
into farmland or her
F) contrary to § 3 para. 3 uses the treated sludge or sediments or
apply fertilizer or a product containing a hazardous substance or hazardous
element of which has been exceeded indicator values
G) contrary to § 3a par. 5 notifies the start of use of sediments in
deadline,
H) fails to comply with remedial measures pursuant to § 3c
I) fails to comply with any term or condition of agricultural land fund set
decision issued on consent to the withdrawal of agricultural
land from the agricultural land fund pursuant to § 10 paragraph. 2, or
decision to consent to the withdrawal by § 21
J) in contravention of § 11 para. 4 point. a) deliver a copy
final decision within the prescribed period,
K) in contravention of § 11 para. 4 point. b) fails to notify the commencement of implementation of the project
within the prescribed period,
L) in contravention of § 11 para. 5 notifies the change in the method of use prescribed
time or
M) in contravention of § 11 para. 6 notifies and submits a change in the person of compulsory levies
for payment within a specified period.
(2) A legal entity or a natural person as the owner
or other person who is entitled to use agricultural land, commits an administrative offense
that
A) changes permanent grassland to cropland without consent under § 2
B) contrary to § 3 para. 4 not used or maintained by farmland
accordance with the characteristics of the type of land
C) contrary to § 3 para. 5 uses farmland I. and II. Class
protection as plantation trees,
D) contrary to § 3 para. 6 does not remove tree stumps or fails
reclamation,
E) contrary to § 3 para. 6 will not change the use of agricultural land, or
F) notifies the planting or harvesting trees under § 3 para. 7th
(3) An administrative offense shall be fined up
A) 10,000,000 CZK, for an administrative offense under paragraph 1. a)
c), e) or i)
B) 1,000,000 CZK, for an administrative offense under paragraph 1. b) or
h) or pursuant to paragraph 2. c), d) or e) or
C) 500,000 CZK, for an administrative offense under paragraph 1. d) f)
g), j), k), l) or m) or paragraph 2. a), b) or f).
§ 20b
Joint provisions on administrative offenses
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.
(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the circumstances under which it was committed, the time
duration of the infringement, the manner of its commission, its consequences and the timeliness and
effective cooperation in the aftermath.
(3) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 5 years from the date when it was committed .
(4) The liability for conduct that occurred in entrepreneurial
natural person or in direct connection therewith, shall be subject to the provisions of the
liability and sanctions to legal persons.
(5) Fines imposed by a municipal authority of a municipality with extended powers are
50% of the income of the municipality in whose jurisdiction an administrative tort committed
and 50% of income for the State Environmental Fund of the Czech Republic;
Fines imposed by the inspection are revenue of the State Environmental Fund
Czech Republic. ".
57th § 21 reads:
"§ 21
(1) Consent to the withdrawal of agricultural land from the agricultural land fund
according to § 9 of the decision issued in the administrative proceedings, it does not require intent
permits under other legislation whose binding part
would otherwise agreement has become, or is not in the form of a permit decision.
Party to the proceedings only the applicant and the owner of the affected farmland
unless the applicant.
(2) Replaces where the regulatory plan zoning, affirmative
opinion under § 5 para. 2 of the regulatory plan must meet the requirements
consent to the removal of agricultural land from the agricultural land fund
§ 9 Sec. 8; In this case, paragraph 1 shall not apply. ".
'58. In § 22 paragraph 1 reads:
"(1) The Ministry of the Environment Decree provides
A) land unsuitable for changing permanent grassland to cropland
terms of their physical or biological properties and their
erosion threat (§ 2)
B) the preventive value of the contents of hazardous elements and hazardous substances and
indicative value of the contents of hazardous elements and hazardous substances
farmland and their relationship to the requirements of the Health
food or feed, direct health hazard people and animals in contact with
farmlands and productive function of agricultural land (§
3)
C) procedures for identifying and assessing the risk elements and
risk substances in agricultural land (§ 3)
D) method of assessing farmland erosion hazard, the permissible level of erosion hazard
farmlands and measures to reduce it,
E) procedures for transfer of data into the register of information on the quality
farmland way to evaluate information, details on managing
register of information on the quality of agricultural land and the data sent and
registered by the removal of agricultural land ( § 3b)
F) the method of evaluation of the expected consequences of the proposed solutions
agricultural land fund (§ 5 para. 1) and the assessment method
territorial planning documents including the general content of the opinion (§ 5 para. 2)
G) procedures to ensure the protection of agricultural land in
processing and discussing proposals to establish mining areas
determining the content and method of evaluation of the expected consequences of the proposed
solutions to agricultural land fund, including the information required
for evaluation (§ 6)
H) procedures to ensure the protection of agricultural land during construction,
mining and industrial activities, landscaping and on geological and hydrogeological survey
determining the content and the method of evaluation
foreseeable consequences of the proposed solutions to the agricultural land fund ,
including data needed for evaluation (§ 8 and 9), and
I) the method of carrying out reclamation of land reclamation project content and documents
change reclamation due to conservation (§ 9 and 10). ".
59th In § 22 paragraph. 2 "(§ 11 para. 2)" are deleted.
60th In § 23, paragraph 5 shall be deleted.
61st In Annex B reads:
"PART B
Environmental factors that are negatively affected by deprivation
land from agricultural land resources and ecological balances of these influences
Group Characteristics of environmental factors Environmental factors
negatively affected by deprivation of soil weight influence
of agricultural land
A National Parks - Zone I, 20 national natural
reserve or national natural monuments
National Parks - II. zone, protected area 15
area - I. zone, nature reserve or
natural monuments
National Parks - III. zone, protected area 10
area - II. zone or territorial systems
ecological stability
Protective zones of national parks, protected 5
landscape areas - III. zone or significant
landscape elements
B protected area of natural accumulation of 10
groundwater and surface water protection zones
Water Resources II. grade protection zones
First grade natural medicinal resources or
protective zones of first degree natural resources
mineral water
C territory outside areas designated by the applicable zoning 5
plan or the applicable regulatory plan for
buildings or other urban functions
D Protected deposit areas 5 '.
62nd In the Annex, Part C deleted.
63rd In the Annex, Part D, point 2, the second sentence is replaced sentences
"In cases that will be affected by several environmental factors
apply the maximum weight specified environmental impact. Environmental impact
weight to apply when calculating payments for farmland WITHDRAWN
of agricultural land for construction
A) for the production or storage associated with this production,
placed on such areas of production and storage provided for this purpose
principles of urban development or issued valid land use plan approved
31 December 2014 | ||
B) for the manufacture or storage associated with this production,
placed on such areas designed to promote balanced and dynamic economic development
state that according to the Act on Investment Incentives
approves the proposal of the Ministry of Industry and Trade government.".
64th In the Annex, Part D, point 3, the words "or the sum of the weights (point
second)" are deleted.
65th In the Annex, Part D, points 4 and 5 are deleted.
Existing points 6-8 are renumbered 4 to 6
66th In the Annex, Part D, point 4, the words "2-5" is replaced by "2 and 3"
au IV. and Class V protection at the coefficient number "2" is replaced by
"3".
67th In the Annex, Part D, Section 5, the words "(item 6)" is replaced by "(
point 4).".
68th In the Annex, Part D, point 6, the words "paragraph 6" is replaced by "point
4".
69th In the Annex, Part D, the following point 7 is added:
'7. If the agricultural land withdrawn from agricultural land for mining purposes
on land presented in the approved mining
space or the protected deposit area, the ecological impact of the weight factor D
group "Protected deposit areas" in Part B shall not apply. ".
70th In Annex E, points 1 and 3 are deleted while repealing
indications point 2.
71st In Annex E of the words "protection zones
medicinal and mineral water table" is replaced by "protection zones
natural medicinal resources and sources of natural mineral water".
Art. II
Transitional provisions
First The proceedings initiated pursuant to Act no. 334/1992 Coll., As amended
effective prior to the effective date of this Act, and to this day still open
finally be completed pursuant to Act no. 334/1992 Coll., As amended, effective
before the effective date of this Act, unless stipulated otherwise
.
Second § 3 par. 5 of Law no. 334/1992 Coll., As amended, effective
date of entry into force of this Act shall not apply to plantation trees
based on farmland I. and II. protection class
before the effective date of this Act, until the day of harvest these species, and
coppice plantations of trees to the end of the last growing cycle.
Third The owner or other person who is entitled to use
agricultural land on which the plantation of trees established before the effective date of this Act
, announce the date of planting trees plantation protection authority
agricultural land fund referred to in § 15 of the Act no. 334/1992 Coll., as amended
effective from the date of entry into force of this Act, within six months
effective date of this Act. Failure to comply with this obligation
proceed under § 3 para. 7 of the second sentence of the Act no. 334/1992 Coll., As amended
effective from the date of entry into force of this Act.
Fourth If the basis for deciding on the withdrawal of agricultural land from the agricultural land fund
planning documentation, for which
opinion was given in accordance with § 5 of the Act no. 334/1992 Coll., As amended, effective
before the effective date this Act shall apply to § 4 of the Act no.
334/1992 Coll., as amended effective prior to the effective date of this Act
.
Fifth § 10 par. 4 Act no. 334/1992 Coll., As amended, effective
date of entry into force of this Act shall not apply to consent to the withdrawal
agricultural land from the Agricultural Land Fund issued pursuant to § 9 of the Act || | No. 334/1992 Coll., As amended effective prior to the effective date of this Act
.
6th Payments for removal of agricultural land from the agricultural land fund
unless, in the case of intent, for which deductions do not specify
by Act no. 334/1992 Coll., As amended effective before the effective date
this law, and consent to the removal of agricultural land from the agricultural land fund
was issued before the effective date of this Act.
7th When was the implementation of the project for which consent has been given a custodial
agricultural land from the agricultural land fund, started before
commencement of this Act, and the absence of a decision on
levies for the withdrawal, shall notify obliged to pay levies implementation
writing within six months from the effective date of this Act. Failure to comply with this obligation
proceed according to § 20 para. 1 point. a) or § 20a
paragraph. 1 point. k) of the Act no. 334/1992 Coll., as amended, effective from the date of
entry into force of this Act.
8th The provisions of § 11 paragraph. 3 of Law no. 334/1992 Coll., As amended, effective
effective date of this Act shall not apply if the agreement with
custodial agricultural land from the Agricultural Land Fund intention || | Non-payment of levies issued in accordance with § 9 of the Act no. 334/1992 Coll., as amended
effective prior to the effective date of this Act.
9th Exemption from the environmental impact of weight under Part D point 2.
B) of the Annex to the Act no. 334/1992 Coll., As amended, effective from the date of entry into force of this Act
for buildings for production or storage
associated with this production, being placed in areas designated for support
balanced and dynamic economic development of the state, which according
investment incentives Act approves the proposal of the Ministry of industry and trade
government will apply to these areas, which the government approved
effective date of this Act.
10th For the infringements that occurred before the effective date of this Act
which meets the characteristics of the offense also
by Act no. 334/1992 Coll., As amended, effective from the date of entry into force of this Act
can fined under the Act no. 334/1992 Coll., as amended
effective prior to the effective date of this Act, unless the imposition of fines
by Act no. 334/1992 Coll., as amended, effective from the date of acquisition
force of this Act, favorable for the offender.
11th Administrative proceedings initiated by authorized municipal office before the effective date
force of this Act and before this day finally not concluded
locally relevant municipal authority with extended powers.
12th Deadline for issuing administrative decisions of the authority referred to in paragraph 11
extended by 30 days.
13th Enforcement of decisions initiated by authorized municipal authority or power
decision issued by the authorized municipal authority, which could start
until the effective date of this Act makes municipal authority with extended powers
.
14th Authorized municipal offices and municipal offices with extended powers
carried filing legal separation under the law regulating
archival and records management within 30 days after the effective date of this Act.
PART TWO
Amendment to the Act on the State Environmental Fund of the Czech Republic
Art. III
In § 2 para. 1 point. d) of the Act no. 388/1991 Coll., on the State Environmental Fund
Czech Republic, as amended by Act no. 334/1992 Coll.
words "60% of their total body designated protection
agricultural land Fund, ^ 5) "is replaced by" set out by the
protection of agricultural land ".
Footnote. 5 is repealed.
PART THREE
EFFICIENCY
Art. IV
This Act shall take effect on the first day of the calendar month
following the date of its publication, with the exception of Part I.
Art. I Section 4 regarding § 3 para. 4 and Section 5 regarding § paragraph 3b.
4, which come into effect on 1 January 2016.
Hamáček vr Zeman
Sobotka
