238/1999 Sb.
LAW
of 19 December 2003. October 1999,
amending the Act No 140/1961 Coll., the criminal code, as amended by
amended, law No 23/1962 SB., about hunting, as amended by
amended, law No 102/1963 Coll., on fisheries, as amended by
amended, law No 130/1974 Coll. on State administration in the water
the economy, as amended, and Act No 114/1992 Coll., on the
nature and landscape protection, as amended, and Act No.
289/1995 Coll., on forests and amending and supplementing certain laws (forest
the law)
Change: 254/2001 Coll.
Change: 41/2009 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
cancelled
Article. (I)
cancelled
PART THE SECOND
The amendment to the law on hunting
Article II
Law No 23/1962 SB., about hunting, as amended by law No 146/1971 Coll.
Law No. 96/1977, Coll., Act No. 143/1991 Coll., the Act No. 270/1992 Coll.,
Law No. 289/1995 Coll. and Act No. 166/1999 is amended as follows:
1. In section 16. 4 (b). (e)) at the end the following words:
"or does not submit a proposal repeatedly on the provisions of the warden by
section 20 (2). 3. "
2. In paragraph 2 of section 20 reads as follows:
(2) ensure the protection of wildlife management is the responsibility of each user
hunting license; in the context of this obligation, the user is also obliged to a hunting license for the
its design every 500 ha in the District Office of the provisions of the hunting
the guards. The draft of the provisions to the District Office of warden
be submitted within 30 days of the entry into force of the decision on recognition of a hunting license,
If the user is the owner of the hunting ground, or within 30 days of the acquisition of the legal
the decision on the approval of the contract on the lease of a hunting license or within 30 days from the date of
the date when the user was notified by the Office of the district-cancellation
the provisions of the warden.
3. In section 20, the following paragraphs 3 to 12, as follows:
(3) Mysliveckou guard establishes on a proposal from the user or from the hunting ground
its own initiative, the District Office, in whose territorial jurisdiction is
hunting, for which a user has filed a proposal in accordance with paragraph 2. The proposal must
include the written consent of the person proposed for the provisions of the mysliveckou
the guards. Without this consent cannot be brought on the proposal be considered as compliance with the
the obligations laid down in paragraph 2-user.
(4) the Mysliveckou of the guard can be established to a natural person who
and) is a citizen of the Czech Republic,
(b)) is 21 years old,
(c)) is impeachable,
(d)) has the capacity to act,
(e)) is physically disabled and mentally fit for the performance of functions
Hunting Guard,
f) demonstrated knowledge of the rights and duties of warden pursuant to this
the law and knowledge of related legislation,
(g)) before the District Office has passed a promise: "I promise that as
Hunter's guard with the greatest care and due care to meet
the obligations in the performance of the protection of hunting, that I will be in the performance of this
activities comply with the legal provisions and the cross on the permissions granted to
Hunting Guard. "
h) has a valid hunting license and a valid firearms license.
(5) the District Office before a physical person mysliveckou guards
examine the knowledge referred to in paragraph 4 (b). (f) the provisions of mysliveckou.)
Guard District Office performs a release of the badge with the State
the character and the card game guards, stating the duration of validity of the
and circuit scope. The period of validity of the card game guard is the longest
5 years, while the force always, ended the relationship to the exploitation
Wild Hunt, the user on whose proposal was the person mysliveckou guards
established. The circumference of the scope of the warden cannot be greater than the
hunting in the use of the petitioner.
(6) the District Office keeps records of hunting guards and issued and
cast the official badges and cards game guards.
(7) Hunter's guard is required to notify the District Office within 30 days from the
of all the changes relating to the conditions referred to in paragraph
4.
(8) the provisions of mysliveckou of the guard expires
and the date of expiry) that was established,
(b) the termination of the exploitation relations) of the wild hunt with the person that the proposal on the
the provisions,
(c)) the death of the warden, or
(d) the provisions of the district authority).
(9) the provisions of the local Office of warden cancels, if physical
the person has ceased to exercise this function, satisfy the conditions laid down in
paragraph 4, or proof that was established on the basis of incorrect
or false data. The District Office may the provisions of warden
Cancel also for other reasons, on the proposal of the user-from your own
initiative or at the request of the person who is appointed mysliveckou of the guard.
(10) a person whose provisions conferring under paragraph mysliveckou of the guard
8 (a). and (b))), or (d)), shall forthwith deliver to the District Office,
It features the staff to provide your badge and card game
the guards. In the event that the provisions referred to in paragraph 8 (b), occurred.
(c)), it is obliged to immediately submit to a District Office staff badge, and
the pass warden surviving after the person has been established
mysliveckou guards, or other natural person who has a business
badge and card game guards in their possession.
(11) The procedure for the appointment of a hunting Guard are not subject to the General
the provisions of the administrative procedure. The provisions of the warden or on its
cancellation is required to notify the District Office in writing without delay of the user
hunting ground.
(12) the Ministry of agriculture shall determine by Decree the model badge
the national character and the card game guards and details of
the prerequisites for the performance of the functions of the warden and their validation.
4. the following section is inserted after section 20, 20a, which including the footnotes No.
6a, 6b)) and 6 c) is added:
section 20a
(1) For an impeccable, under this Act, shall not be the
and) who was been convicted for an intentional criminal offence,
(b)) who was found guilty of committing an offence in the
hunting, ^ 6a)
(c)), who was been fined for other administrative offence in
hunting under section 38a.
(2) in assessing integrity account deletion of conviction
under the special law. ^ 6b)
(3) to assess the integrity of the person so requests, the competent District Office
the issue of a copy of the criminal record. ^ 6 c)
6a) § 35 and 46 of Act No. 200/1990 Coll. on offences, as amended by
amended.
6B) § 69, 70 and 87 of Act No. 140/1961 Coll., the criminal code, as amended by
amended. § 363 to 365 of the Act No. 141/1961 Coll., on criminal
judicial proceedings (code of criminal procedure), as amended.
6 c) section 10 (1). 2 of Act No. 269/1994 Coll., on criminal records.
5. In § 21. 1 at the beginning of the sentence and in point (a)) shall be deleted;
"in particular".
6. In § 21. 1 (a). and)
After the words "in such cases, it is entitled to" the following words are inserted:
"to require the submission of přistižených persons hunting and allowances
for hunting, to stop and view the Wild Hunt and on the purpose built roads in the
her ^ 6 d) means of transport including luggage, if
reasonable grounds for believing that the carrying or containing illegally acquired
beasts, and require the submission of a proof of its lawful acquisition, "
7. the footnote No 6 d) is added:
6 d) section 7 of the Act No. 13/1997 Coll., on the road.
8. In § 21. 1 (a). (d)), the dot at the end is replaced by a comma and
the following points (e) and (f))), including footnotes, no 6e)
added:
(e)) should help or cooperation of the authorities of the police of the Czech Republic,
where applicable, the municipal police, if cannot fulfil their obligations
to ensure their own forces and means,
(f) impose and collect fines) in the block management for the offences referred to in
special legislation. ^ 6e)
6E) Act No. 200/1990 Coll., as amended.
9. In article 21, the following paragraph 4 is added:
(4) the inspection of the means of transport and baggage pursuant to paragraph 1 shall not
Watch a different interest than establishing whether these resources and
luggage is not improperly acquired.
10. under article 21, the following new section 21a and 21b are inserted:
§ 21a
(1) the Hunter's guard is in its activities shall
and the card game) demonstrate the guards and wear the staff badge
(b) to supervise the compliance with obligations) associated with the protection of wildlife (section
20),
(c) notify without delay the detected defects), defects and damages under
their nature or authority of the user-, which it instituted,
in urgent cases, where appropriate, whether or not the authorities of the Police of the Czech Republic
or to the competent authorities of the State administration.
(2) Hunting Guard is obliged to secure the pass warden and
the staff badge against misuse, loss, and theft.
section 21b
(1) the State shall be responsible for damage to the person who has provided assistance for hunting
the guard's request or with its knowledge, (hereinafter referred to as "damaged").
Become this responsibility can relieve only caused this
the injury damaged intentionally.
(2) if the injured party for personal injury or death, the range
and the amount of compensation under the rules on compensation for work injuries
workers.
(3) the State is responsible for damage to things and that the injured party was formed in
connection with the provision of this assistance. In so doing, shall be paid the actual damage,
and it's an indication of the previous state; If this is not possible or appropriate, payable in
the money. The injured party may be granted and the reimbursement of the costs associated with the
the acquisition of a new replacement for the thing damaged.
(4) a State is responsible also for the damage caused by the person in connection with the
using the provided hunting guard.
(5) the State corresponds, mutatis mutandis, in accordance with paragraphs 2 and 3 also for damage caused by
Hunting Guard in connection with the fulfilment of its tasks.
(6) a State is responsible for damage caused by mysliveckou and the guards in the
for the fulfilment of its tasks; This does not apply if the damage
caused to a person, that his illegal activities authorized and
an appropriate procedure.
(7) the compensation provided in the representation of the State of the District Office, which
mysliveckou guard ordained.
11. In section 38a, paragraph. 1 (a). (f)), the dot at the end is replaced by a comma and
the following points (g), (h))) and i) are added:
(g)) of hunting ground, which the user does not submit a proposal to the District Office
the provisions of the warden under section 20 (2). 2,
(h)) to the person who does the District Office staff badge and ID card
warden under section 20 (2). 10,
I) to the person who will lose, steal, damage or misuse of the card
Hunting Guard or badge.
PART THE THIRD
Amendment of the Act on fisheries
Article. (III)
Act No. 102/1963 Coll., on fisheries, as amended by law No 146/1971 Coll.
Act No. 49/1982 Coll., Act No. 367/1990 Coll., Act No. 425/1990 Coll. and
Act No. 229/1991 Coll., is hereby amended as follows:
1. In article 9 paragraph 4 is added:
(4) for each fishing ground is its user shall appoint
the fishing of the householder and his representative, to be approved by the District Office
According to their places of permanent residence. Fishing and its
a representative may be appointed a State citizen of the Czech Republic, which has
corresponding to the professional knowledge of farming and fishing and own a valid
fishing ticket.
2. section 18 reads as follows:
section 18
(1) ensure the proper protection of fisheries in ponds and fisheries
It is the duty of their users and owners. In the context of this obligation
users are also required to design or owners of the District Office for
a system of ponds and provisions for each fishing ground fishing.
(2) the Fishing guard establishes on the proposal of the user or owner
system of ponds or fishing grounds or on its own initiative
District Office in whose district the proposed person has permanent residence. In
at the same time lays down the fishing card guards the perimeter of its scope.
(3) the fisheries of the guard can be established to a natural person who
and) is a citizen of the Czech Republic,
(b)) is 21 years old,
(c)) was not found for an intentional offence, sentenced,
(d)) has the capacity to act,
(e)) is eligible,
f) demonstrated knowledge of the rights and obligations of the fishing guard under this
the law and knowledge of related legislation,
(g)) before the District Office has passed a promise: "I promise that as
I'll be fishing the guard with the greatest care and due care to meet
the obligations in the exercise of protection of fisheries in ponds and fishing
the districts that I will be in the performance of this activity to comply with the laws and
Cross on the permissions granted to the fishing guard. ".
(4) the Guard will issue a Fishing District Office staff badge is a sign of
and the fishing licence of the guard. District Office keeps records of the fishing of the guard.
(5) Fishing guard is required to notify the District Office within 30 days from the
of all the changes relating to the conditions referred to in paragraph
3.
(6) the provisions of the local Office of the fishing guard cancels, if a natural person
to stop this function to perform, satisfy the conditions laid down in paragraph
3 or proof that was established on the basis of incorrect or
false data. The District Office may cancel the provisions of fisheries guard
also for other reasons, on the proposal of the user or the owner of the system of ponds
and fishing grounds, on its own initiative or at the request of the person who is
established fisheries. A person, for which the District Office abolished
the provisions of the fisheries of the guards, is obliged to immediately submit to this
District Office staff badge and fishing licence.
(7) The procedure for the appointment of the fishing guard is not covered by the General
the provisions of the administrative procedure.
(8) the Ministry of agriculture shall determine by Decree the model badge
with the State emblem and an identity card and details about the fishing guard
the prerequisites for the performance of the functions of the fisheries and their validation.
3. In section 19, paragraph. 1, letter a) including the uvozovací sentence:
(1) the Fishing guard is entitled to
and to check whether a person), that fish and other aquatic animals in the
ponds or fisheries, are authorised (§ 11),
detain a person found to be unauthorized hunting fish or other
aquatic animals and discover their identity. In such cases, it is
authorised to stop and browse in the immediate vicinity of ponds and
the fishing grounds of means of transport and the contents of baggage,
If there is reason to suspect that carry or contain illegally acquired
fish or other aquatic animals, remove přistiženým entities fishing
tools and catches and kick them out of the fishing grounds or from the ponds, and
Unable to determine their identity, showcase is the authorities of the police of the Czech
of the Republic. Found persons are obliged to obey. Removed
fishing tackle fishing shall surrender to the authorities without delay of the Czech Police guard
of the Republic,
4. In section 19, paragraph. 1 (a). (d)), the dot at the end is replaced by a comma and
the following points (e) and (f))), including footnotes, no. 1)
added:
(e)) should help or cooperation of the authorities of the police of the Czech Republic,
where applicable, the municipal police, if cannot fulfil their obligations
to ensure their own forces and means,
(f) impose and collect fines) in the block management for the offences referred to in
special legislation. ^ 1)
1) Act No. 200/1990 Coll. on offences, as amended.
5. In section 19 paragraph 2 is added:
(2) if it detects a fault, notify the fishing guard is according to their nature, either
the owner or user of the ponds or fishing grounds, or authority,
which it instituted, in urgent cases, where appropriate, whether or not the authorities of the
The police of the Czech Republic or to the competent authorities of the State administration.
6. In article 19, the following paragraph 3 is added:
(3) the inspection of the means of transport and baggage pursuant to paragraph 1 shall not
Watch a different interest than establishing whether these resources and
luggage are not improperly acquired fish or other aquatic animals.
7. under section 19, the following new section 19a and 19b:
§ 19a
Fishing guard is in its activities shall
and the fishing card) demonstrate the guards and wear the staff badge
(b) to supervise the compliance with obligations) related to the protection of fisheries in the
ponds and fisheries,
(c) notify without delay the detected defects), defects and damages under
the nature of either the owner or user of the ponds or fishing
grounds, or authority, which it instituted, or, in urgent
the cases also to the authorities of the police of the Czech Republic or to the competent authorities
the State administration.
§ 19b
(1) the State shall be responsible for damage to the person who has provided assistance for the fishing guard
at the request of or with its knowledge, (hereinafter referred to as "damaged"). To become a
This responsibility can relieve only caused damage to this
damaged intentionally.
(2) if the injured party for personal injury or death, the range
and the amount of compensation under the rules on compensation for work injuries
workers.
(3) the State is responsible for damage to things and that the injured party was formed in
connection with the provision of this assistance. In so doing, shall be paid the actual damage,
and it's an indication of the previous state; If this is not possible or appropriate, payable in
the money. The injured party may be granted and the reimbursement of the costs associated with the
the acquisition of a new replacement for the thing damaged.
(4) a State is responsible also for the damage caused by the person in connection with the
using the provided fishing guard.
(5) the State corresponds, mutatis mutandis, in accordance with paragraphs 2 and 3 also for damage caused by
the fishing guard in connection with the fulfilment of its tasks.
(6) a State is responsible for damage caused by fishing and the guards in the context
with the fulfilment of its tasks; This does not apply if the damage caused by the
the person that his legitimate and proportionate to the infringement procedure
raised.
(7) the compensation provided in the representation of the State of the District Office, which
fishing guard ordained.
PART THE FOURTH
Amendment of the Act on State administration in water management
Article IV
cancelled
PART THE FIFTH
Amendment of the Act on nature and landscape protection
Article. In
Act No. 114/1992 Coll., on nature and landscape protection, as amended by the legal
the measure of the Presidium of the Czech National Council No. 347/1992 Coll., Act No.
289/1995 Coll., the finding of the Constitutional Court No. 3/1997 Coll., Act No. 16/1997
Coll., Act No. 123/1998 Coll. and Act No. 161/1999 is amended as follows:
1. In section 81, paragraph 2, the following paragraphs 3 to 7 shall be added:
(3) the guard of nature can be established to a natural person who
and) is a citizen of the Czech Republic,
(b)) is 21 years old,
(c)) was not found for an intentional offence, sentenced,
(d)) has the capacity to act,
(e)) is eligible,
f) demonstrated knowledge of the rights and duties of the guards of nature under this
the law and knowledge of related legislation,
(g)) before the District Office has passed or the administration of the oath reads as follows:
"I promise that I will be as the guard of nature with the greatest care and
fulfil the obligations due care in checking compliance with the provisions of the
nature and landscape protection, that I will follow in the exercise of this activity
the legislation and the cross on the permissions granted to guard nature. ".
(4) the Guard of nature shall be issued by the District Administration Office and the staff badge is
a sign and pass the guard of nature. The card guards nature
at the same time lays down the circuit within its scope. District Office and lead management
Register Guard of nature.
(5) the Guard of nature is required to notify the District Office or manage within 30
days of their inception all changes relating to the conditions referred to in
paragraph 3.
(6) the District Office or the administration of the provisions of the guard of nature be
a natural person has ceased to exercise this function, meet the conditions
laid down in paragraph 3 or the proof that was established on the basis of the
incorrect or false data. District Office or the Administration may
the provisions of the guard of nature also on its own initiative cancel from other
reasons or at the request of the person who is the established guard of nature. Person,
for which the District Office or the Administration abolished the provisions of the guard of nature, is
shall forthwith deliver this District Office staff badge, and
card guard of nature.
(7) The procedure for the appointment of a general nature not covered by guards
the provisions of the administrative procedure.
Paragraphs 3 to 5 shall be renumbered as paragraphs 8 to 10.
2. In section 81, paragraph. 8 (a). (c)) at the end of the dot is replaced by a comma and
the following point (d)) and e) are added:
(d) detain identification) person, you get
violations of legislation on the protection of nature and the countryside, and her
the authority of the police of the Czech Republic; UM, people are required to
obey,
(e)) should help or cooperation of the authorities of the police of the Czech Republic,
where applicable, the municipal police, if they cannot fulfil their obligations
to ensure their own forces and means.
3. In section 81, paragraph. 10 the words "generally binding legal regulation"
shall be replaced by "Decree" and the following sentence shall be added: "the Ministry of
the environment provides in this Decree also pattern badge
with the State emblem and card guards nature. ".
4. under section 81, the following new section 81a and op.81B are inserted:
section 81a
The guard of nature is in its activities shall
and the card guards) demonstrate the nature and wear a badge for service,
(b)) to ensure the responsibilities associated with the control of the compliance with the
regulations on the protection of nature and the landscape,
(c) notify without delay the detected defects), deficiencies and damage the authority
which it instituted, in urgent cases, where appropriate, whether or not the authorities of the
The police of the Czech Republic or to the competent authorities of the State administration.
§ op.81B
(1) the State shall be responsible for damage to the person who has provided assistance for the guard of nature
at the request of or with its knowledge, (hereinafter referred to as "damaged"). To become a
This responsibility can relieve only caused damage to this
damaged intentionally.
(2) if the injured party for personal injury or death, the range
and the amount of compensation under the rules on compensation for work injuries
workers.
(3) the State is responsible for damage to things and that the injured party was formed in
connection with the provision of this assistance. In so doing, shall be paid the actual damage,
and it's an indication of the previous state; If this is not possible or appropriate, payable in
the money. The injured party may be granted and the reimbursement of the costs associated with the
the acquisition of a new replacement for the thing damaged.
(4) a State is responsible also for the damage caused by the person in connection with the
assistance provided under the guard of nature.
(5) the State corresponds, mutatis mutandis, in accordance with paragraphs 2 and 3 also for damage caused by
the guard of nature in connection with the fulfilment of its tasks.
(6) a State is responsible for damage caused by the guards and nature in connection with the
the fulfilment of its tasks; This does not apply if the damage caused by the
the person that his legitimate and proportionate to the infringement procedure
raised.
(7) the compensation provided in the representation of the State authority, which guard
nature ordained.
PART SIX
Change of forest Act
Article VI
Law no 289/1995 Coll., on forests and amending and supplementing certain laws
(forest law), is hereby amended as follows:
1. In section 38 at the end of paragraph 6, the following sentence shall be added:
"The person in which the authority of the State administration of forests set aside provisions of the forest guards,
shall forthwith surrender that authority staff badge and ID card
forest guards. ".
2. In section 38 at the end of paragraph 7 the following sentence shall be added:
"This regulation also lays down the details of assumptions for performance
the function of the forest guards and their validation. ".
3. In section 39, paragraph. 1 (a). (b)), the dot at the end is replaced by a comma and
the following point (c)), which read:
(c) notify without delay the detected defects), defects and damages under
the nature of either the owner or the user of the forest, or authority
ordained in urgent cases, where appropriate, whether or not the authorities of the police of the Czech
Republic or the competent authorities of the State administration.
4. In section 39, paragraph. 2 (a). (c)), the dot at the end is replaced by a comma and
the following point (d)), which read:
(d) to request assistance or synergy) the authorities of the police of the Czech Republic,
where applicable, the municipal police, if cannot fulfil their obligations
to ensure their own forces and means.
5. under section 39 shall be added to § 39a is added:
§ 39a
(1) the State shall be responsible for damage to the person who has provided assistance for the forest guard on
her request or with its knowledge, (hereinafter referred to as "damaged"). To become this
liability can relieve only caused damage to this
damaged intentionally.
(2) if the injured party for personal injury or death, the range
and the amount of compensation under the rules on compensation for work injuries
workers.
(3) the State is responsible for damage to things and that the injured party was formed in
connection with the provision of this assistance. In so doing, shall be paid the actual damage,
and it's an indication of the previous state; If this is not possible or appropriate, payable in
the money. The injured party may be granted and the reimbursement of the costs associated with the
the acquisition of a new replacement for the thing damaged.
(4) a State is responsible also for the damage caused by the person in connection with the
using the provided by the forest guard.
(5) the State corresponds, mutatis mutandis, in accordance with paragraphs 2 and 3 also for damage caused by
a forest guard in connection with the fulfilment of its tasks.
(6) a State is responsible also for the damage caused by the forest guards in connection with the
the fulfilment of its tasks; This does not apply if the damage caused by the
the person that his legitimate and proportionate to the infringement procedure
raised.
(7) compensation in accordance with paragraphs 1 to 6 provides on behalf of State
the authority of the State administration of forests, which instituted the forest guard, to which
the performance of the refund applies.
PART SEVEN
TRANSITIONAL PROVISIONS
Article. (VII)
1. Hunting, fishing, forest and water guard and guard of nature resulting from the
According to the existing legislation shall be considered the date of effectiveness of the
This law for the guards provided for under this Act.
2. the members of the hunting, fishing, forest and water guards and guard of nature
the provisions under the existing legislation, the competent authorities of the State
the Administration and the local authorities are obliged to comply with the obligations and requirements
provided for in this Act, not later than 6 months from the effective date of this
the law; otherwise, the provisions of these guards that date becomes void. The provisions of the
These guards terminates on the date of application of this Act in the case, that the
their members do not meet the conditions for the effective date of this Act, the age,
the State citizenship of the Czech Republic, integrity, competence to
legal capacity or medical competence provided for by this law.
3. the proceedings initiated before the effect of this law shall be completed in accordance with
the existing legislation.
PART EIGHT
The EFFECTIVENESS of the
Article. (VIII)
This law shall enter into force on 1 January 2005. January 1, 2000.
Klaus r.
Havel in r.
Zeman in r.
