CZECH REPUBLIC Law and Practice Contributed by: Martin Řanda, Jan Lexa, Vít Fišer and Adam Vopelka, act legal
3. Environmental Protections 3.1 Protection of Environmental Assets In the Czech legal system, the protection of environ- mental assets such as air, water, soil, fauna and flora, natural habitats and landscapes is established at mul- tiple levels: from the constitutional order (see 1.1 Envi- ronmental Protection Policies, Principles and Laws ) to specific laws and implementing regulations. Viola- tions of these provisions entail consequences under administrative, criminal and civil law. The protection of individual environmental assets is governed by separate laws that establish specific instruments, limits and procedures. Air Protection Air protection is primarily regulated by Act No 201/2012 Coll, on Air Protection, as amended. The main instruments include: • emission limits, which set the maximum permissi- ble amounts of pollutants released from a specific source (eg, a factory chimney or a vehicle exhaust); • immission limits, which determine the maximum permissible concentration of pollutants in the air to which humans and ecosystems are exposed; and • regulation of stationary sources (boilers, industrial facilities). Water Protection Water protection is comprehensively regulated by Act No 254/2001 Coll, the Water Act, as amended. This law applies to both surface waters (rivers, lakes) and groundwater. As a landlocked country, the Czech Republic does not have specific legal regulation for the protection of seawater. Key protection instruments include: • protection zones of water sources, which restrict activities in the vicinity of drinking water sources; • water management permits, which are required for the abstraction of surface or groundwater or for the discharge of waste water; and • waste water discharge limits, ensuring that pollu- tion does not exceed permissible levels.
Soil Protection Soil protection is primarily established in Act No 334/1992 Coll, on Agricultural Land Fund Protection, as amended. This law safeguards the most valuable land for agricultural purposes. Key protection instru- ments include the following. • Agricultural Land Fund Protection Classes, which categorise land according to its quality. Land in Protection Classes I and II receives the highest level of protection. • Withdrawal of land from Agricultural Land Fund protection, which is permitted only in the public interest and under strict conditions, usually requir- ing the payment of compensation fees. Flora and Fauna Protection The protection of flora and fauna is regulated by Act No 114/1992 Coll, the Nature and Landscape Protec- tion Act, as amended. Protection is ensured on two levels. General protection This applies to all species of plants and animals and to the landscape as a whole. It includes the protection of significant landscape features (forests, watercourses, floodplains), landscape character and trees growing outside forests. Special protection This provides stricter protection for the rarest and most endangered parts of nature, as follows. Specially protected areas These include national parks, protected landscape areas, national nature reserves, nature reserves, national natural monuments and natural monuments. Each type of area is subject to graduated protective measures. Specially protected species Plants and animals that are scientifically or culturally significant and rare are protected. It is prohibited to harmfully interfere with their development or habitats without obtaining the relevant exemption.
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