CZECH REPUBLIC Law and Practice Contributed by: Martin Řanda, Jan Lexa, Vít Fišer and Adam Vopelka, act legal
12.2 Clearing Contaminated Land The obligated party is the operator of activities listed in Annex No 1 to Act No 167/2008 Coll. The duty to prevent or remedy environmental harm is based on the principle of strict liability (ie, liability for the outcome). To establish liability, or the duty to take preventative or remedial measures, it is sufficient to demonstrate a causal link between the operation of an activity listed in Annex No 1 to the Act and the occurrence of envi- ronmental harm. Under Act No 334/1992 Coll, on Agricultural Land Fund Protection, as amended, in the event of agri- cultural soil contamination, the landowner is obliged to take remedial measures. If such measures are not taken, the administrative authority shall impose the obligation to remedy the harmful condition on the pol- luter. Under Act No 541/2020 Coll, on Waste, as amended, the primary responsibility for illegally accumulated waste lies with its owner. However, if the waste own- er cannot be identified, the administrative authority shall request the landowner to remove the waste and ensure its delivery to a facility designated for waste management. This public law liability is non-transferable. The pol- luter cannot be released from it by agreement with a third party. The competent authority (most often the Czech Environmental Inspectorate) will always require Pursuant to Act No 167/2008 Coll, on the Prevention and Remedying of Environmental Damage, if environ- mental damage is caused by multiple operators, they shall be jointly and severally liable. 12.4 Proceedings Against Polluters The regulatory authorities (such as the Czech Environ- mental Inspectorate) have a statutory duty to act ex officio if they identify or receive a reasonable suspicion of contamination. 12.5 Investigating Environmental Accidents If there is a suspicion of environmental damage to the land caused by operational activities, the competent remediation from the polluter. 12.3 Determining Liability
in Annex No 1 to the Act and the occurrence of envi- ronmental damage. Private law contracts may regulate, between the par- ties, civil compensation for damage or the alloca- tion of liability for incidental damage. However, they cannot release operators or other public law entities from public law obligations and from strict liability for environmental damage under Act No 167/2008 Coll. Moreover, private agreements have neither binding effect nor influence on the conduct of public authori- ties, which are bound by public law provisions. Such provisions are binding only between the parties to the contract. The parties cannot therefore agree on who will bear responsibility for environmental damage, but they can agree that one party will compensate the other under certain circumstances. 12. Contaminated Land 12.1 Key Laws Governing Contaminated Land Although there is no single comprehensive act in the Czech legal system that deals exclusively with con- taminated land, this key role is played in particular by Act No 167/2008 Coll, on the Prevention and Rem- edying of Environmental Damage, which transposes Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. This Act defines environ- mental damage as a measurable adverse change in natural resources (including land), or a deterioration in their functions. It establishes the liability of the polluter for the damage caused and imposes an obligation on them to carry out preventative or remedial measures. Also important is Act No 334/1992 Coll, on Agricul- tural Land Fund Protection, as amended. This Act deals with the protection against pollution of agricul- tural soil. Act No 541/2020 Coll, on Waste, as amended, addresses the issue of illegally accumulated waste on land, and also sets out the responsibilities attached thereto.
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