CZECH REPUBLIC Law and Practice Contributed by: Martin Řanda, Jan Lexa, Vít Fišer and Adam Vopelka, act legal
Natura 2000 This is a network of protected areas of European importance, safeguarding the most valuable natural habitats and species across the European Union (EU). 3.2 Breaching Protections Breaching environmental protections may lead to environmental liability (see 5. Environmental Liability ), imposition of administrative fines or, where applicable, criminal liability. 4. Environmental Incidents and Permits 4.1 Investigative and Access Powers In the Czech Republic, the regulatory, permitting and supervisory authorities have a broad range of powers to investigate and respond to environmental incidents and breaches of environmental law or permit condi- tions. • The Ministry of the Environment: (a) oversees national environmental policy and supervision; (b) may initiate inspections or audits, particularly in more serious or systemic cases; and (c) participates in legislative activities (particu- larly the preparation of draft laws) and issues decrees. • The Czech Environmental Inspectorate: (a) acts as the main enforcement body for environ- mental protection; (b) has the legal authority to enter and inspect facilities, collect samples, review records and interview staff; (c) can impose administrative fines, order correc- tive measures or suspend operations if viola- tions are found; and (d) operates across several areas, including air protection, water protection, waste manage- ment, nature conservation and chemicals. • Regional and local authorities issue and enforce permits related to water management, waste, con- struction and air quality. • Police and public prosecutors:
(a) in cases involving environmental crime, the Czech Police and State Prosecutor’s Office have investigative powers; and (b) under the Criminal Code, individuals and legal entities can be prosecuted for serious environ- mental harm. 4.2 Environmental Permits/Approvals There is no single, universal environmental permit. Instead, multiple binding opinions and sector-specific permits are required depending on the type and scope of the activity. Binding opinions are commonly required for construc- tion projects, and are issued by the environmental authorities. Key examples include: • an Environmental Impact Assessment (EIA) Opinion under Act No 100/2001 Coll, the Environmental Impact Assessment Act, as amended, for large- scale projects (eg, motorways, factories); and • a Unified Environmental Statement (UES) under Act No 148/2023 Coll, on the Unified Environmental Statement, as amended, consolidating multiple environmental approvals. A joint binding opinion may be requested to combine both the EIA and UES processes. An Integrated Pollution Prevention and Control (IPPC) permit is needed for the operational phase if the facil- ity involves certain industrial activities. Additional permits may be needed for specific activi- ties such as waste management, air emissions or water discharge. Appeal Rights Binding opinions themselves cannot be appealed directly. They can only be challenged indirectly by appealing the final decision of the administrative authority that has applied them. Administrative decisions (eg, water or waste permits) can be appealed through administrative procedures and, if necessary, challenged in the administrative court.
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