CZECH REPUBLIC Law and Practice Contributed by: Martin Řanda, Jan Lexa, Vít Fišer and Adam Vopelka, act legal
act legal Truhlarska 13-15 110 00 Prague 1 Czech Republic Tel: +420 222 537 500 Email: office.prague@actlegal-czechia.com Web: www.actlegal-czechia.com
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws The protection of the environment has a strong con- stitutional basis in the Czech legal order. The Pream- ble to the Czech Constitution expresses the citizens’ determination to “jointly... guard and develop the inherited natural and cultural wealth”. Article 7 of the Czech Constitution establishes the duty of the State to ensure “the prudent use of natu- ral resources and the protection of natural wealth”. The most important constitutional provision is Article 35 of the Charter of Fundamental Rights and Free- doms. This provision enshrines the following. • The right of everyone to a favourable environment. • The right of everyone to receive timely and com- plete information about the state of the environ- ment and natural resources. This right is detailed in Act No 123/1998 Coll, on Free Access to Environ- mental Information, as amended. • The duty that, when exercising their rights, no one may endanger or damage the environment beyond the legal limits. Other key environmental legislation includes the fol- lowing. • Act No 282/1991 Coll, on the Czech Environmen- tal Inspectorate and Its Competencies in Forestry Protection, as amended. This Act establishes the Czech Environmental Inspectorate as a specialised authority entrusted with the supervision of compli-
ance with legal regulations in the field of environ- mental protection. • Act No 17/1992 Coll, on the Environment, as amended, defining basic concepts and principles of environmental protection, such as: (a) the Precautionary Principle (doubt about the threat to the environment shall not be a reason for postponing measures that may prevent environmental harm); (b) the Principle of Source Protection (the duty of the competent entities to take measures directly at the source to prevent pollution or environmental harm); (c) the Principle of Permissible Pollution Levels (the permissible level of environmental pollution is determined by limit values established by specific legal regulations); and (d) the Polluter-Pays Principle (everyone is respon- sible for their activities that cause environmen- tal harm). • Acts on the protection of environmental compo- nents, such as: (a) Act No 254/2001 Coll, on Water, as amended; (b) Act No 201/2012 Coll, on Air Protection, as amended; (c) Act No 334/1992 Coll, on Agricultural Land Fund Protection, as amended; (d) Act No 289/1995 Coll, on Forests, as amend- ed; (e) Act No 114/1992 Coll, on the Protection of Nature and Landscape, as amended; (f) Act No 388/1991 Coll, on the State Environ- mental Fund, as amended; and (g) Act No 148/2023 Coll, on the Unified Environ- mental Opinion, as amended.
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