THE WATER ACT

2001

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254

ACT

dated June 28, 2001

on Water and Amendments to Some Acts (The Water Act)

The Parliament of the Czech Republic haspassed the following Act:

PART ONEACT ON WATER (THE WATER ACT)

CHAPTER IINTRODUCTORY PROVISIONS

Section 1The Purpose and Subject of the Act

1) The purpose of this Act is to protect surfacewater and groundwater, stipulate conditions foreconomic utilisation of water resources whilstpreserving and improving the quality of surfacewater and groundwater, create conditions forreducing the adverse effects of floods and droughtand ensure the safety of water managementstructures.

2) The Act regulates legal relationshipsinvolving surface water and groundwater, therelationships of natural persons and legal entitieswith surface water and groundwater utilisation, aswell as the relationships with plots of land andbuildings directly connected with these waters, in theinterests of ensuring sustainable water utilisation, thesafety of water management structures andprotection against floods and the impacts of drought.

Section 2Definition of Terms

1) Surface water is water naturally occurring onthe Earth’s surface; it does not lose this characterwhen temporarily running through covered sections,natural underground cavities or overground pipes.

2) Groundwater is water naturally occurringbelow the Earth’s surface in the saturation zone indirect contact with rock; water running throughdrainage systems and well water is also considered tobe groundwater.

3) A water body is a significant and discreteaccumulation of surface water or groundwater in adefined environment, and is characterised jointly bythe nature of its formation and its hydrologicalfeatures; water bodies are either natural or artificial;

artificial water bodies have been created by humanactivity.

4) A water resource is a water body of surfacewater or groundwater which can be used to satisfyhuman needs.

5) Use of surface water or groundwater meanstheir impoundment through water managementstructures, their utilisation for energy generation,their use for shipping and rafting, their use for fishand water poultry breeding, their withdrawal, thedischarge into such waters of waste water, and otheractivities or uses which may influence thecharacteristics, quantity, flow, occurrence or qualityof these waters.

6) A river basin is an area from which allsurface water flows through a network ofwatercourses to a defined location in a river(normally a confluence with another watercourse orthe point of discharge into another water body). Ariver basin is delimited by a watershed boundary, i.e.a border representing the geomorphological interfacebetween two neighbouring river basins. The riverbasin area also includes the area of surface waterbodies within the river basin.

7) A hydrogeological region is an area withsimilar hydrogeological characteristics, types ofaquifers and groundwater circulation.

Section 3Rights to Water and Legal Character of Water

1) Surface water and groundwater are notsubject to ownership and do not constitute a part orappendage of the plot of land on which or underwhich they occur; rights to water are regulated bythis Act.

2) Water withdrawn from surface water orgroundwater bodies is no longer considered to besurface water or groundwater.

3) In case of doubt whether water is surfacewater or groundwater, the water authority makes thedecision.

Section 4

1) Waters that are reserved as raw materials by

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a special act1, natural curative resources andresources of naturally occurring mineral water whichwere furnished with a certificate pursuant to a specialact2 are covered by this Act only if so expresslystated herein.

2) For the purpose of this Act, mine waters aresurface water or, if applicable, groundwater and theyare regulated by this Act unless specified otherwiseby a special act1.

CHAPTER II

THE USE OF WATER

Part 1Basic Obligations

Section 5

1) Any person using surface water orgroundwater is obliged to protect these waters and toensure their economical and efficient utilisationpursuant to the conditions of this Act, and is furtherobliged to prevent deterioration of the energy-generating potential of these waters and to protectthe violation of other public interests protected byspecific legal regulations.3

2) Any person using surface water orgroundwater for manufacturing purposes must, forthe sake of compliance with obligations under par. 1,carry out such improvements of the technology ofproduction as are necessary to ensure effective use ofwater resources, taking account of best availabletechnology.

3) When constructing structures4 orreconstructing them or changing the purpose of theiruse, depending on the character and purpose of suchconstructions, the builders must also provide watersupply, and drainage, treatment or other disposal ofwaste water pursuant to this Act. The buildingcontrol authority must not issue a building permit or 1 E.g. Act No. 44/1988 Coll. on the Protection andUtilization of Mineral Resources, as later amended2 Act No. 164/2001 Coll. on Natural Curative Resources,Sources of Naturally Occurring Mineral Water, NaturalCurative Spas and Spa Facilities and Change to SomeRelated Acts (the Spa Act).3 E.g. Act No. 17/1992 Coll. on the Environment asamended by Act No. 123/1998 Coll., Act No. 114/1992Coll. on Nature and Landscape Protection as lateramended, Act No. 344/1992 Coll. on the AgriculturalLand Fund Protection as later amended, Act No. 20/1966Coll. on Care of the Health of the Population as lateramended.4 Act No. 50/1976 Coll. on Land Planning andConstruction Order (the Building Act) as later amended

a decision permitting a structure already underconstruction or a decision permitting changes to astructure before its completion or a buildinginspection certificate or a decision permitting achange in the use of a building, unless the aboveconditions are met.

Part 2Use of Surface Water

Section 6General Use of Surface Water

1) Any person may withdraw surface water oruse it for other purposes for his/her own needswithout permission or approval of the waterauthority, provided such withdrawal or use does notrequire special technical facilities.

2) No permission or approval of the waterauthorities is required for the retention of surfacewater by simple facilities on individual plots orstructures or for a change of its natural flow for thepurpose of protecting the properties against harmfuleffects of such water.

3) In general use of surface water, it isprohibited to endanger the quality or wholesomenessof water, to impair the natural environment andrunoff regime, to damage the banks of water bodies,water management structures and facilities and fishbreeding facilities and to violate the rights andlegally protected interests of other persons.

4) The water authority may, withoutcompensation, regulate, restrict or prohibit thegeneral use of surface water, if it is in the publicinterest, in particular if such use is in breach ofobligations pursuant to paragraph 3 or for theprotection of the safety of human beings. The rightsand powers of other administrative bodies tostipulate conditions for using such water for bathing5

is not affected by this Act.

Section 7The Use of Surface Water for Shipping

1) No permission or approval of the waterauthority is required for using surface water forshipping purposes and withdrawal of water neededfor operation of vessels used for shipping.

2) Vessel operators must equip the vessel withthe necessary equipment for waste water collectionand retention if waste water can be generatedthrough the use or operation of the vessel, they must 5 Act No. 258/200 Coll. on the Protection of HumanHealth and Change to Several Related Acts as amended byAct No. 254/2001 Coll.

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operate such equipment properly and prevent theleakage of waste water and harmful substances fromthe vessel into surface water.

3) Administrators of ports and special vessels6

designed for transport of fuels and waste generatedon vessels (hereinafter the “service ship”) mustensure that the supply of fuel and operationalsubstances and the removal of waste water orharmful substances from vessels is made in ports orthrough the service ships in a manner which preventsthe pollution of surface water or groundwater.

4) The pumping of waste water or harmfulsubstances from vessels and the supply of fuel oroperational substances to vessels outside the port isprohibited if the volume of such material exceeds 50litres in each individual case or unless such activitiesare performed by a service ship.

5) Shipping on surface water in a 1st degreeprotected zone of a water resource and on fishbreeding reservoirs, using vessels with a combustionengine, is prohibited. Except for significantwaterways7, this shipping is prohibited on waterreservoirs and watercourses stipulated in a decreeissued by the Ministry of Transport andCommunications in agreement with the Ministry ofthe Environment and in co-operation with theMinistry of Agriculture. Other surface water may beused for shipping in a manner not endangering theinterests of recreation, water quality and aquaticecosystems, the safety of human beings and watermanagement structures; the scope and conditions forthe use of surface water for shipping shall bestipulated in a decree issued by the Ministry ofTransport and Communications in agreement withthe Ministry of the Environment and in co-operationwith the Ministry of Agriculture.

6) The shipping ban pursuant to paragraph 5does not apply to the vessels of the State ShippingAuthority, the Fire Rescue Corps of the CzechRepublic, the Armed Forces of the Czech Republic,the Police Force of the Czech Republic andwatercourse administrators if used for officialbusiness purposes, nor to vessels used in connectionwith construction, maintenance or operation of watermanagement structures or other constructions onwatercourses or land connected thereto, nor tovessels of persons executing duties pursuant to thisAct, nor to vessels used to ensure emergencymedical services and flood control.

7) The water authority, after consulting with 6 Section 2, par. 1, letter a) point 8 of Decree No.223/1995 Coll. on Suitability of Vessels for Operation onInland Waterways.7 Act No. 114/1995 Coll. on Domestic Shipping asamended by Act No. 358/1999 Coll.

the State Shipping Authority, will decide inindividual cases on exceptions from the ban andlimitations pursuant to paragraph 5 for sportspurposes.

8) The State Shipping Authority controls thecompliance with the shipping ban of vessels withcombustion engines on surface water underparagraph 5 as well as the use of surface water forshipping considering the stipulated scope andconditions of the use.

Part 3Permission, Approval and Expert Opinions

Sector 1Permission

Section 8Permission for Use of Surface Water or

Groundwater

1) The permission for the use of surface wateror groundwater (hereinafter “the permission forwater use”) is required for:a) surface water for use other than general in the

following instances1. for water withdrawal2. for water impounding and accumulation3. for utilising the energy generating potential

of the water4. for using water for breeding of fish, water

poultry or other water animals for thepurpose of business,

5. for other useb) groundwater in the following instances

1. for groundwater withdrawal2. for groundwater accumulation3. for withdrawal of groundwater for the

purpose of decreasing its level4. for artificial replenishment of groundwater

resources by using surface water5. for other use

c) the discharge of waste water into surface waterand groundwater,

d) the withdrawal of surface water or groundwaterand their subsequent return for the purpose ofusing heat energy,

e) the withdrawal of polluted groundwater for thepurpose of reducing its pollution and itssubsequent discharge into this groundwater orinto surface water

2) Permission for the use of water is issued tonatural persons or legal entities based on theirapplication. A natural person or legal entity holdinga valid permission for water use pursuant to

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paragraph 1 or pursuant to the preceding regulations(hereinafter the “authorised person”) is entitled touse water within the scope and for the purpose andduration stipulated in the valid permission.

3) Permission for water use is not required for:a) pumping tests in hydrogeological research or

the yield tests of groundwater resources, lastingless than five days, provided that the waterwithdrawal over this period of time does notexceed 1 l/s,

b) single withdrawal of surface water orgroundwater in case of rescue work in accidents,fire or other natural disasters,

c) use of surface water during exercise and actionof the Fire Rescue Corps of the Czech Republicand fire rescue units, the Police Force of theCzech Republic and Armed Forces of the CzechRepublic; such use during the exercise must beconsulted in advance with the water authority.

Section 9

1) Permission for water use is issued for alimited duration. The permission shall state thepurpose, its scope, obligations and if applicable,conditions under which the permission is beingissued. An expert statement by a qualified person 8isthe basis for a permission for groundwater use.

2) Permission for waste water discharge maynot be issued for a period exceeding 10 years.

3) In case of issuing a permit for thewithdrawal of surface water or groundwater, whichis subject to a fee (section 88 and 101), and which isfor a period in excess of 1 year, the water authoritywill, at the same time, stipulate the permitted annualquantity of the withdrawal.

4) The period for which the permission forwater use has been issued may be extended based onan application submitted by the authorised person,unless conditions on the basis of which thepermission was issued changed.

5) The application for the extension of thewater use permission duration must be submitted bythe latest 6 months before the expiry of its originalduration period. In such case the permission forwater use does not expire until a decision on theapplication for extension is made.

6) Permission for the use of water energy mustnot be issued for a period of less than 25 years.

Section 10

1) An authorised person holding a permission 8 Act No. 62/1988 Coll. on Geological Work and theCzech Geological Office, as later amended

for water use, except for permission under Section 8par. 1 letter a) points 2 and 3, at a minimum volumeof 6,000 m3 in one calendar year or 500 m3 of waterin one calendar month, as well as an authorisedperson holding a permission for the use at the abovevolume of water which is natural curative resource,natural mineral water resource or which is a reservedraw material, shall be obliged to measure thequantity and quality of the used water and submit theresults of such measurement to the respective riverbasin administrator (Section 48, par. 1).

2) An authorised person holding a permissionfor surface water impoundment or accumulation,provided that the permitted volume of water retainedby the hydraulic structure in the watercourse oraccumulated by the hydraulic structure exceeds1,000,000 m3, shall be obliged to measure thequantity of retained or accumulated water and submitdata to the river basin administrator.

3) The manner and frequency of water quantityand quality measurements pursuant to paragraph 1for individual water use types, the quantitymeasurements of accumulated or retained waterpursuant to par. 2 and the scope, manner andfrequency of the submission of the results of suchmeasurements to river basin administrators shall bestipulated in a decree issued by the Ministry ofAgriculture after consultation with the Ministry ofthe Environment and the Ministry of Health.

4) The water authority may stipulate furtherdetails of such measurements in the water usepermission.

Section 11

1) The rights and obligations ensuing from apermission for water use issued for a purposeconnected with the ownership of land or buildingsare transferred to the next acquirer, if this land orbuilding continues to serve the purpose for which thepermission was granted. Any following acquirers ofsuch land or building must notify the water authorityof the transfer of the land or building with which thepermission was connected within two months of thedate of the transfer.

2) The permission for water use does notestablish legal rights to third person’s land andbuildings and does not constitute legal obligation forthe water authority to reimburse the authorisedpersons in case that they have been hindered fromthe use of water in the maximum permitted quantityand with certain characteristics.

3) Unless stipulated otherwise by the waterauthority, the authorised person is entitled to allowthird persons to execute his/her water use

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permission.4) If the permitted water use is unavoidably

required in the public interest and the authorisedperson fails to use his/her permission fully orpartially, the water authority may oblige suchauthorised person to allow his/her water managementstructure or equipment to be used for the permittedwater use by another natural person or legal entityselected by the water authority for a necessary periodor a period during which a decision regarding thedispossession of or limitation of proprietary rights tothe water management structure or equipment ismade, for a reasonable consideration.

Section 12Changes and Cancellation of Permission for

Water Use

A water authority may of its own accord, or onthe basis of a proposal, change or cancel thepermission for water use, if:a) there is a change of the circumstances which

were decisive for the granting of permission forwater use,

b) in exercising the permission for water use,obligations stipulated by this Act or pursuant tothis Act are grossly or repeatedly violated orrights of other persons are violated,

c) the authorised person does not use thepermission for water use for a period exceedingtwo years without a serious reason,

d) the authorised person requests its cancellation inwriting,

e) the scope of permission for water use exceedsthe authorised person’s needs in long-term,

f) there is a change in legal regulations stipulatingthe acceptable water pollution indicators andtheir values (Section 38, par. 5).

Section 13Invalidation of the Permission for Water Use

A permission for water use becomes invalid:a) when the period for which the permission was

granted has expiredb) if a water management structure (Section 55),

enabling the permitted use of water is abolishedprovided that within one year of the date onwhich the water management structure becameunusable the water authority does not determinea period within and conditions under which thewater management structure shall be put intooriginal conditions; in this case, the permissionexpires after this period has fruitlessly elapsed;

c) if the legal entity becomes extinct or the natural

person to whom the permission was granteddies, provided the rights and obligations ensuingfrom the permission were not passed on to theirlegal successors according to Section 11, par. 1.

Section 14Permission for Certain Activities

1) Permission for certain activities is requiredfor:a) the planting of trees and shrubs in flood plain

areas in a scope affecting the runoff regime,b) the extraction of sand, gravel and mud, with the

exception of curative mud, boulders, etc.(hereinafter “fluvial material”) from the plots onwhich a watercourse is located,

c) geological activities affecting plots of land inflood plain areas (Section 66) or affecting theprotected zones of water resources,

d) filling-in of dead watercourse arms,e) returning a watercourse to its original channel

(Section 45).2) Permission for activities stipulated in

paragraph 1, letters a) and b) is not required,provided these activities are carried out by thewatercourse administrator (Section 48) in connectionwith his river management activities. In addition,permission under paragraph 1, letter a) is notrequired if such activities are carried out by a forestowner for the purpose of vegetation renewal and foractivities imposed upon him/her by Act 289/1995Coll. on Forests and Amendments to Some Acts(The Forest Act), as later amended.

3) When permitting fluvial material extraction,the water authority shall stipulate the conditions forsuch extraction including restoration and re-cultivating measures, if applicable.

4) A person or entity authorised for extractionpursuant to paragraph 1, letter b) is obliged, upon thetermination of fluvial material extraction, to surveyand draw technical documentation of the actual stateof the extraction site and submit this documentationto the water authority and watercourse administrator.

5) The provisions of Sections 9 through 13apply correspondingly to the issuance, cancellation,changes and invalidation of permission for certainactivities.

Section 15Permission for a Water Management

Structure Construction

1) The permission of the water authority isrequired for the establishment, modification, as wellas the change of use and removal of water

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management structures. If the water managementstructure is used for water use and if permission forwater use is required, the permission for constructionmay be issued if the water use has been permitted bythe latest with the issuance of the permission for thewater management structure construction.

2) Maintenance which may negatively affectthe environment or water management structurestability, must be reported9 by the water managementstructure owner to the water authority.

3) In the permission for a water managementstructure, the water authority will stipulateobligations and if relevant also conditions underwhich the permission is granted and the purpose forwhich the water management structure will be used;the stipulated conditions must be in compliance withthis Act.

4) The water authority executes the powers of aspecial building control authority pursuant to aspecial act.10

5) The water authority may invite the applicantfor construction permit to submit draft operationrules or the calculation of a hydrograph of a specialflood wave in case of water management structuresimpounding or accumulating surface water andstructures using the energy generating potential.

6) When permitting water managementstructures, their modifications, change of use andabolishment, the protection of water and water-related ecosystems must be considered. Watermanagement structures must not create barriers formigration of fish or aquatic fauna in eitherwatercourse direction.

7) If permission, issued according to Section 8par. 1 or according to preceding water useregulations expires, the water authority shall decidethe conditions for the further existence or demolitionof the water management structure that enabled theuse of water.

Section 16Permission for Discharge of Waste WaterContaining Especially Dangerous Harmful

Substances into Sewerage Systems

1) Permission is required for the discharge ofwaste water containing especially dangerous harmfulsubstances (Section 39, par. 3) into seweragesystems.

2) When issuing the permission pursuant toparagraph 1, the water authority shall apply 9 Section 57 of Act 50/1976 Coll. as amended by Act No.83/1998 Coll.10 Section 120 of Act No. 50/1976 Coll. as amended byAct No. 83/1998 Coll.

correspondingly the provisions of Section 38, par. 5.The provisions of Sections 9 through 13 apply asappropriate in such cases.

Sector 2Approval

Section 17

1) The approval of the water authority isrequired for construction works, facilities and/oractivities which do not require permission under thisAct, but which may influence water regime, i.e., for:a) structures and facilities on land on which

channels of watercourses are located and on theadjacent land, in instances where such structuresand facilities influence the water regime,

b) building of long-distance pipelines andstructures enabling the underground storage ofsubstances in terrestrial cavities, and for storagefacilities, dumps or tanks, if the operation ofsuch structures and dumps can significantlyaffect the quality of surface water orgroundwater,

c) for structures, extraction of raw materials orearth work in flood plain areas, the provisions ofSection 67 are not affected herewith,

d) structures to a distance of 15 m from thelandward base of a watercourse flood protectionbank,

e) structures located in the protected zone of awater resource.

The approval is not required for structures which aresubject only to a notification duty, pursuant tospecial regulations4.

2) If required by the nature of the activitysubject to approval, the water authority may, in itsdecision granting approval, stipulate the duration andconditions under which the approval is granted.

3) The approval is binding for authorities thatmake decisions in the procedure on permission forstructures, terrain modifications or extraction of rawmaterials in cases specified under paragraph 1.

4) Approval according to paragraph 1 is notrequired for activities, necessary for exercises oraction of the Fire Rescue Corps of the CzechRepublic and fire rescue units, the Police Force ofthe Czech Republic and the Armed Forces of theCzech Republic; in such cases such units proceed inconformity with an agreement with the respectivewater authority.

Sector 3Expert Opinion

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Section 18

1) Any person who intends to locate, perform,alter or abolish a structure or facility and/or carry outother activities, if such plan may affect the waterregime, energy generating potential, quality orquantity of surface water or groundwater, has theright, upon providing sufficient documentation forsuch a plan, to obtain an expert opinion from thewater authority, as to whether such plannedinvestment is possible from the point of view ofinterests protected under this Act and if so, underwhat conditions.

2) The water authority will also issue an expertopinion regarding the use of natural mineral waterresources certified pursuant to a special act.2

3) An expert opinion does not constitute adecision in administrative proceeding and does notreplace a permission or approval to be issued by thewater authority pursuant to this Act.

Part 4Water Management Records

Section 19Records of Water Authority Decisions

1) Water authorities are obliged to keep recordsof decisions issued by them pursuant to this Act.

2) In a decree, the Ministry of Agriculture, inco-operation with the Ministry of the Environment,will stipulate the scope and method of maintainingthe records by water authorities, including the scopeof information and method of its saving in the publicadministration information system11 and the methodof information transfer from the existing water-management records and the summary water-management records12 into this information system.

Section 20Information Recorded in the Real Estate Register

1) Structures related to water managementstructures stipulated in Section 55 par. 1 letters a), d),f), g), h) and k) are recorded in the real estateregister. The Ministry of Agriculture in a decreestipulates the details of the definition of thesestructures.

2) Protected zones of water managementstructures (Section 58 par. 3) pursuant to paragraph 1and protected zones of water resources (Section 30) 11 Act No. 365/2000 Coll. on the Public AdministrationInformation Systems and Change to Some Acts12 Decree No. 126/1976 Coll. On Water Management andSummary Water Management Records.

are also recorded in the real estate register underterritorial protection.13

3) The water authority is obliged to send to therespective Land Deed Office information requiredfor recording territorial protection pursuant to par. 2within 30 days of the date, when the decisiondefining such territorial protection became effective.

CHAPTER III

SURFACE WATER AND GROUNDWATERSTATUS

Section 21

1) The monitoring and assessment of the statusof surface water and groundwater provides supportfor the execution of public administration pursuant tothis Act and for providing information to public. It iscarried out based on river basins andhydrogeological zones.

2) The monitoring and assessment of the statusof surface water and groundwater includes, inparticular:a) monitoring the quantity and quality of surface

water and groundwater including the impact ofhuman activities on such water and ascertainingthe ecological status of surface water,

b) water balance assessment (Section 22 par. 1)c) creating and maintaining the following records:

1. watercourses and their basins,hydrogeological zones and artificial waterbodies,

2. quantity and quality of surface water andgroundwater,

3. abstractions of surface water andgroundwater, discharge of waste and minewater and accumulation of surface water inwater reservoirs,

4. river basin districts (Section 25)5. protected areas of natural water

accumulation (Section 28)6. protected zones of water resources (Section

30)7. surface water resources utilised or expected

to be utilised as resources of drinking water(Section 31)

8. sensitive areas (Section 32)9. vulnerable zones (Section 33)10. areas of surface water used for bathing

(Section 34)11. water management structures serving for

land reclamation (Section 56) 13 Act No. 344/1992 Coll. on Real Estate Register of theCzech Republic (the Cadastre Act) as later amended.

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12. flood plain areas (Section 66)The scope of information included in the records andmanner of their transfer into the publicadministration information systems (Section 22, par.3 and 4) shall be stipulated in a decree issued by theMinistry of Agriculture in co-operation with theMinistry of the Environment.

3) The monitoring and assessment of the statusof surface water and groundwater and the operationof the public administration information systems arecarried out by river basin administrators and otherprofessional institutions established or founded forthis purpose by the Ministry of Agriculture or theMinistry of the Environment (hereinafter the“authorised professional institutions”). River basinadministrators and authorised professionalinstitutions are obliged to follow the instructions oftheir founder or incorporator in respect of theseactivities.

4) For the purposes of monitoring and assessingthe status of surface water and groundwater, the riverbasin administrators and authorised professionalinstitutions are entitled to require information frompersons using surface water or groundwater, as wellas from administrative authorities or regional self-administration authorities with jurisdiction over theissuance of permissions for water use or maintaininginformation systems pursuant to special legislation14;such entities are obliged to deliver this informationto river basin administrators and the authorisedprofessional institutions free of charge or river basinadministrators and authorised professionalinstitutions may ascertain this data from them free ofcharge and with their support. This does not affectthe provisions of special legal regulations protectingconfidential information.

5) On a request river basin administrators andauthorised professional institutions shall provide theinformation on the status of surface water andgroundwater to administrative authorities free ofcharge; they also provide free of charge informationregarding the use of surface water and groundwaterin the protected zones of natural curative resourcesand natural mineral water resources, to the Ministryof Health.

6) The provisions of Section 114, par. 1 and 2apply correspondingly to the entry of authorisedpersonnel of river basin administrators andauthorised professional institutions on third person’sland and in third person’s buildings.

Section 22

14 E.g. Act No. 344/1992 Coll. as later amended, Act No.164/2001 Coll.

1) The water balance assessment consists of thehydrological balance and water-managementbalance. The hydrological balance identifies changesin the level of inflow and outflow of water andchanges in the level of water storage in a river basin,area or water body within a given time interval. Thewater-management balance compares therequirements for surface water and groundwaterabstraction and waste water discharge with theavailable water resources taking into account waterquantity and quality and its ecological status. Thecomponents of the water balance and the method ofits preparation shall be stipulated in a decree issuedby the Ministry of Agriculture in co-operation withthe Ministry of the Environment.

2) For the purpose of the water balance, theconsumers of surface water and groundwater, andthose using natural curative resources or naturalmineral water resources and water which is amongreserved raw materials, and further, thosedischarging waste or mine water into surface wateror groundwater at a quantity exceeding 6,000 m3 inone calendar year or 500 m3 in one calendar month,or those by whom the permitted volume of waterretained in a watercourse or water accumulated by awater management structure exceeds 1,000,000 m3,are obliged to report to their respective river basinadministrator annual information of suchwithdrawals and discharges (in particular theirquantity and quality) and further information onimpounding or accumulation in a manner and withinthe scope stipulated in a decree issued by theMinistry of Agriculture in co-operation with theMinistry of the Environment and the Ministry ofHealth.

3) The Ministry of Agriculture maintains thepublic administration information system pursuant toSection 21, par. 2, letter c) for recording of thefollowing:a) watercourses and their basins, hydrogeological

zones and artificial water bodies,b) abstractions of surface water and groundwater,

discharge of waste water and mine water andaccumulation of surface water in waterreservoirs,

c) river basin districts,d) surface water resources used or expected to be

used as resources of drinking water,e) structures designed for irrigation and drainage

of land.4) The Ministry of the Environment maintains

the public administration information system forrecording of the following:a) quantity and quality of surface water and

groundwater including the impacts on human

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activity on such water and ascertaining theecological status of surface water,

b) protected areas of natural water accumulation,c) protected zones of water resources,d) sensitive areas,e) vulnerable zones,f) areas of surface water used for bathing,g) flood plain areas.

5) In administering the information systemspursuant to paragraphs 3 and 4, the Ministry ofAgriculture and the Ministry of the Environmentproceed in accordance with a special act15. Theseinformation systems serve, in particular, for thepurposes pursuant to Section 21, par. 1, for waterplanning (Sections 23 through 26) and for river basinadministration (Section 54).

CHAPTER IVPLANNING IN WATER MANAGEMENT

Section 23

1) Water management planning is a continualsystematic activity that shall be undertaken by theState. The system of water management planningconsists of the Plan of Main River Basins of theCzech Republic, river basin district plans, and theprogrammes of measures.

2) The Plan of the Main River Basins of theCzech Republic and the river basin district plans arefundamental to the execution of the stateadministration, in particular for regional land useplanning, regional decision-making and granting ofconstruction permits.

Section 24Plan of the Main River Basins of the Czech

Republic

1) The Plan of Main River Basins of the CzechRepublic shall lay down framework objectives forthe management of surface water and groundwater,for the protection and improvement of the conditionof surface water and groundwater and aquaticecosystems, for sustainable use of these water, forprotection against the adverse effects of these watersand for the improvement of runoff regime and for theprotection of the ecological stability of thelandscape. The Plan of the Main River Basins of theCzech Republic shall also establish the frameworkstructure for measures required to enforce publicinterest, including the sources and methods of theirfinancing. When stipulating the framework

15 Act No. 365/2000 Coll.

objectives and the structure of the measures requiredfor the Plan of the Main River Basins of the CzechRepublic shall honour the Czech Republic’sinternational obligations.

2) The Plan of the Main River Basins of theCzech Republic shall be prepared by the Ministry ofAgriculture in co-operation with the Ministry of theEnvironment, the respective central administrativeauthorities and regions for the three main riverbasins, i.e. the Elbe, Morava and Odra river basins.The Plan of the Main River Basins of the CzechRepublic is subject to the assessment ofenvironmental effects pursuant to special legalregulations.16

3) The contents of the Plan of the Main RiverBasins of the Czech Republic, the method of itspreparation and the procedure for its negotiation andpublication will be stipulated in a decree issued bythe Ministry of Agriculture in co-operation with theMinistry of the Environment.

4) The government shall be responsible forapproving the Plan of the Main River Basins of theCzech Republic.

Section 25River Basin District Plans

1) River basin district plans shall stipulatespecific objectives for the given river basin districtbased on the framework objectives stipulated in thePlan of Main River Basins of the Czech Republic,the needs and status of surface water andgroundwater, the requirements for the use of water inthe given area, and shall include proposals for themeasures required to achieve the objectives (e.g. tomaintain and enlarge the natural watercoursechannels) and the related costs. The river basindistricts plans shall be prepared by the river basinadministrators of the 5 river basin authorities, inaccordance with their jurisdiction, 17 for thefollowing regions: the Upper and Middle Elbe riverbasin, the Vltava river basin, the Ohře and LowerElbe river basin, the Odra river basin and the Moravariver basin.

2) In a decree, the Ministry of Agriculture willdefine individual river basin districts pursuant to par.1. These will consist of the respective river basinsand hydrogeological zones.

3) The river basin district plans shall stipulate,in particular, limitations for water use and limits onthe use in the district. These limitations and limits 16 Act No. 100/2001 Coll. on the Assessment ofEnvironmental Effects and Change to Some Related Acts(the Environmental Effects Assessment Act).17 Act 305/2000 Coll. on River Basins

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are binding for the decisions of the water authority[Section 105, par. 2, letter a)].

4) The contents of the river basin district plan,the procedure for its preparation and development,the negotiation procedures and the method ofpublication will be stipulated in a decree of theMinistry of Agriculture in co-operation with theMinistry of the Environment and the Ministry of theInterior.

5) The river basin district plans shall be subjectto approval by the Regional Authorities according totheir territorial jurisdiction in co-operation with therespective central administration authorities. Theriver basin district plans are subject to the assessmentof environmental effects pursuant to special legalregulations.16

Section 26Programmes of Measures

1) The Ministry of Agriculture, in co-operationwith the Ministry of the Environment, the respectivecentral authorities and the respective regions, shallensure the preparation of programmes of measures inaccordance with the approved Plan of Main RiverBasins of the Czech Republic, including theirimplementation schedule and method of financing; ifappropriate, programmes of measures may be brokendown by regions (regional programmes ofmeasures). The government shall be responsible forapproving the programmes of measures.

2) In their territorial jurisdiction, the RegionalAuthorities, in co-operation with the respectivecentral administrative bodies, shall ensure thepreparation and approval of programmes ofmeasures, in accordance with the approved riverbasin district plans, including their implementationschedule and method of financing.

3) The water authority will impose upon riverbasin administrators, watercourse administrators,water management structures owners and otherpersons the obligation to perform measures in thepublic interest as stipulated by the approvedprogrammes of measures pursuant to paragraphs 1and 2.

4) The Ministry of Agriculture, in co-operationwith the Ministry of the Environment and theregional authorities will submit to the governmentevery three years a summary report on the fulfilmentof programmes of measures, the condition of surfacewater and groundwater and water management statusin individual river basin districts.

5) In a decree, the Ministry of Agriculture, inco-operation with the Ministry of the Environmentand the Ministry of the Interior will stipulate the

contents of the programmes of measures, theprocedure for their preparation, negotiation andpublication.

CHAPTER V

PROTECTION OF THE WATER REGIME ANDWATER RESOURCES

Part 1Protection of The Water Regime

Section 27

Landowners are obliged, unless a special legalregulation18 determines otherwise, to ensure propercare of their land in order to prevent deterioration ofthe water regime. Under these conditions, they mustparticularly prevent deterioration of the runoffregime, prevent the washing away of soil and takecare to improve the retention capacity of thelandscape.

Section 28Protected Areas of Natural Water Accumulation

1) Areas which, as a result of their naturalconditions form significant natural wateraccumulation are declared “protected areas of naturalwater accumulation” by decrees of the government.

2) The following is forbidden within the scopeas stipulated by the government decree in theprotected areas of natural water accumulation:a) reduce the size of forest land,b) drain forest landc) drain agricultural landd) extract peat-moss,e) extract raw materials in open pits or perform

other earthwork which would lead to uncoveringthe groundwater saturation zone,

f) extract and process radioactive materials,g) deposit radioactive waste.

3) The Ministry of the Environment may, with theprior consent of the government, grant anexception from the bans stipulated underparagraph 2.

4) If a landowner suffers damages as a result of theban under paragraph 2, letters a) through c),he/she is entitled to compensation for suchdamage.

18 E.g. Act No. 334/1992 Coll. on the Protection of theAgricultural Land Fund as later amended, Act No.289/1995 Coll. on Forests and Change and Amendment toSome Other Acts (the Forest Act), as later amended.

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Part 2Groundwater

Section 29

1) Groundwater resources are primarilyreserved to ensure drinking water supply for thepublic and for purposes in which the use of drinkingwater is required by a special legal regulation5. Thewater authority may allow the use of groundwater forother purposes only if it is not to the detriment of theabove need’s satisfaction.

2) Any person who in the course of his/heroperation19 causes loss of groundwater orsignificantly reduces the possibility of waterwithdrawal from a groundwater resource, or worsensthe quality of water in this resource, is obliged toprovide compensation for the damage incurred to theperson authorised to withdraw groundwater from thiswater resource and further to carry out measures, asrequired depending on local conditions, aimed atrenewing the original conditions. Compensation isunderstood as obtaining a supplementary waterresource. If this is not possible or practicable, suchperson is obliged to provide a single reimbursementcommensurate with the reduction in the value of realestate used in connection with the authorisation.Disputes for damage settlement or the amount ofdamages shall be decided in court. This does notaffect general regulations on compensation fordamages.

3) A landowner who, during activities otherthan geological works20, discovers the occurrence ofgroundwater in unusual quantity (e.g. in a quantitythat would require a change in the technology of thebuilding foundation or refraining from constructionat this particular building site, etc.) or discovers theoccurrence of confined groundwater (Artesian water)is obliged to report this fact to the respective waterauthority for the purpose of determination of thegroundwater resource yield.

Part 3Protection of Water Resources

Section 30Protected Zones of Water Resources

1) To ensure protection of the yield, quality andwholesomeness of groundwater and surface waterresources used or usable for drinking water supplywith an average withdrawal of more than 10,000 m3

19 Section 420a of Act No. 40/1964 Coll., the CommercialCode as amended by Act No. 509/1991 Coll.20 Act No. 62/1998 Coll. as later amended.

per year, the water authority shall determineprotected zones. If required, by seriouscircumstances, the water authority may determineprotected zones for water resources with capacitylower than stipulated in the first sentence. The waterauthority may, for serious reasons, change or cancelits decision on the determination of a protected zone.The determination of protected zones alwaysconstitutes public interest.

2) Protected zones classified into protectedzones of the 1st degree, serving to protect waterresources in the immediate vicinity of theaccumulation or withdrawal facility, and protectedzones of the 2nd degree, serving to protect the waterresource in areas stipulated by the water authority ina manner preventing its yield, quality orwholesomeness against risks.

3) The water authority determines a protectedzone of the 1st degree as a coherent area:a) for water supply reservoirs and other reservoirs

designed exclusively for drinking water supply,the zone is determined for the entire surface ofthe reservoir at its maximum level,

b) for reservoirs used for drinking water supplyother than those stipulated under letter a), withborders defined as a minimum of 100 meters onthe water surface from the withdrawal facility,

c) for watercourses1. with a weir, at a bank where the abstraction

is located, at a minimum of 200 metersupstream from the point of abstraction and100 meters downstream or to the edge of theimpounding structure in a width of 15meters; inside a watercourse it includes aminimum of one half of its width at the pointof abstraction.

2. without a weir, at a bank where theabstraction is located, at a minimum of 200meters upstream from the point ofabstraction and 50 meters downstream in awidth of 15 meters; inside a watercourse itincludes a minimum of one third of its widthat the point of abstraction,

d) for groundwater resources, borders are definedas a minimum of 10 meters from the point ofabstraction,

e) in other cases on an individual basis.4) The water authority may, in justified cases,

determine a protected zone of the 1st degree in ascope which is smaller than stipulated underparagraph 3, letters a) through d).

5) Protected zone of the 2nd degree shall bedetermined outside the protected zone of the 1st

degree; it may consist of one coherent territory orseveral separated territories within a river basin or

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hydrogeological zone. If so required, the waterauthority may determine protected zones of the 2nd

degree gradually, by individual areas.6) The water authority will determine protected

zones based on a proposal or on its own initiative. Ifpersons entitled to withdraw water from a waterresource or persons applying for permission for suchwithdrawal, and in case of water supply reservoirsthose persons who own water management structuresdesigned for water impounding in these reservoirs orbuilders constructing such water managementstructures, do not submit a proposal for thedetermination of protected zones, the water authoritymay impose upon them the obligation to submit suchproposal together with the respective documentation.Water supply reservoirs according to the precedingsentence are those to be listed under paragraph 11.

7) Should the reason for protection cease toexist, the water authority will decide on the abolitionof the protected zone either based on a proposal oron its own initiative.

8) In its decision on the establishment orchange of a protected zone of water resource, thewater authority, upon consultation with therespective state administration bodies, will stipulateactivities impairing or endangering the yield, qualityor wholesomeness of the water resource which mustnot be carried out in such zone, technical measuresthat must be carried out in the protected zone and, ifneed be, limitations, for a specified period of time,imposed on the use of land and buildings located inthis zone .

9) The owners of land and buildings located inthe protected zones of water resources are entitled toa compensation for a proven limitation of the use ofsuch real estate. This compensation must be paid, ifrequested by the real estate owner, by the owner ofwater management structures designed for waterimpounding in case of water supply reservoirs, andin other cases by persons authorised to withdrawwater from a water resource (Section 8); should therebe several of them, it will be divided proportionally,according to the quantity of water that they areauthorised to withdraw. If the parties fail to reach anagreement on compensation payment, the decisionon a single one-off compensation will be made bythe court.

10) Expenses connected with technical measuresimposed by the water authority in protected zones ofwater resources in order to protect the yield, qualityand wholesomeness of water, shall be borne by thosewho are authorised to withdraw water from thesewater resources or who apply for such authorisation,and in case of water supply reservoirs by the ownersor builders of water management structures designed

for water impounding.11) In a decree, the Ministry of the Environment

will stipulate a list of water supply reservoirs andprinciples for the determination and change ofprotected zones of water resources.

Section 31

In a government order, the government willstipulate the indicators and values of admissiblepollution for surface water resources used orexpected to be used as a resource of drinking water.

Section 32Sensitive Areas

1) Sensitive areas are the following surfacewater bodies:a) in which undesirable status of water quality

occurs or may occur in the near future as a resultof high nutrient concentration,

b) which are used or expected to be used as aresource of drinking water in which nitrateconcentration exceeds 50 mg/l or

c) which require a higher degree of waste watertreatment in order to accommodate interestsprotected by this Act.

2) The government will determine sensitiveareas in a government order. The determination ofsensitive areas is subject to a review in regularintervals not exceeding 4 years.

3) In an order, the government will stipulate theadmissible pollution indicators and their values, forsensitive areas as well as for the discharge of wastewater into surface water affecting the quality ofwater in sensitive areas.

Section 33Vulnerable Zones

1) Vulnerable zones are areas of occurrencea) of surface water or groundwater, used or

designated, in particular, as a resource ofdrinking water, in which the nitrateconcentration exceeds the value of 50 mg/l orwhich may reach this value or

b) of surface water in which the water quality is ormay be undesirably impaired due to high nitrateconcentration from agricultural sources.

2) In an order, the government will determinevulnerable zones and regulate the use and storage offertilisers and manure, crop-rotation andimplementation of erosion-control measures. Thedetermination of vulnerable zones is subject to areview in regular intervals not exceeding 4 years.

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Section 34Surface Water Used for Bathing

1) In a decree, the Ministry of Health, in co-operation with the Ministry of the Environment, willdetermine surface waters used for bathing for theirsuitable quality where bathing is practised by a largenumber of people. Bathing in such waters is allowedas long as the water quality corresponds withrequirements stipulated in a special legalregulation.21

2) Should surface water determined in a decreepursuant to paragraph 1 cease to meet the qualityrequirements stipulated for bathing water in a speciallegal regulation21, the water authority will order oradopt appropriate measures to remedy such situationupon discussion with health protection authoritiesand the river basin administrator.

Section 35Fish Life Support

1) In an order, the government will stipulatesurface water suitable for the life and reproduction ofindigenous species of fish and other aquatic fauna,classified into salmonid and cyprinid waters.

2) In an order, the government will stipulateadmissible pollution indicators and their values forwaters specified under paragraph 1.

3) In water supply and other water reservoirs orat sections of watercourses, the water authority mayimpose on the owners, watercourse administratorsand the users of fishery zone, the method of fishmanagement that must be applied.

4) It is forbidden to release fish and otheraquatic fauna of other than indigenous species, ofgenetically improper or unverified populations ofnatural species into watercourses and waterreservoirs without an approval of the respectivewater authority.

Part 4Water Quantity Protection

Section 36Minimum Residual Flow

1) Minimum residual flow is such flow ofsurface water which still allows for general surfacewater use and for ecological functions of thewatercourse.

2) The water authority will stipulate theminimum residual flow when issuing permission for 21 Act No. 258/2000 Coll. as amended by Act 254/2001Coll.

water use which may result in reduction of thewatercourse flow. The water authority will base itsdecision on the river basin management plans andthe methodological instruction issued by the Ministryof the Environment and will also consider theexisting status of surface water and groundwater, inparticular the results of the water balance in thegiven river basin.

3) The water authority may impose upon theowners of water management structures theobligation to install a calibre or water-mark at theirrespective water management structure for thepurpose of controlling the compliance with theminimum residual flow including the obligation tomeasure the minimum residual flow regularly and toreport the results to the respective river basinadministrator.

Section 37Minimum Level of Groundwater

1) The minimum level of groundwater is levelwhich still allows for sustainable use of waterresources and which will not endanger the ecologicalstability of the associated water body ecosystems.

2) The water authority, in its permission forwater use, will stipulate the minimum level ofgroundwater, in cases where such use may result intoa substantial decrease in the groundwater level. Forthe determination thereof, the water authority willuse the river basin management plans and themethodological instruction issued by the Ministry ofthe Environment, and will also consider the existingstatus of surface water and groundwater, particularlythe results of the water balance within the givenhydrogeological region.

3) The water authority is entitled to impose onthe authorised person pursuant to paragraph 2, theobligation to submit for approval draft rules forgroundwater withdrawal or the obligation to measurethe groundwater level regularly, including themethod of such measurement and the obligation toreport the results of the measurements to therespective river basin administrator.

Part 5Protection of Water Quality

Section 38Waste Water

1) Waste water is considered to be water usedin domestic dwellings, industrial plants, agricultural,health and other buildings or facilities and in meansof transport, if the quality of such water has changed

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after being used (composition and temperature), aswell as other water flowing from such buildings orfacilities that may threaten the quality of surfacewater or groundwater. Waste water also includeswater leaching from sludge beds and landfills.

2) Water from drainage systems on drainedagricultural land, water used on ships while such useonly results in increased temperature and unusedmineral water from natural curative resource orresource of natural mineral water are not consideredas waste water under this Act.

3) Whosoever discharges waste water intosurface water or groundwater must ensure itstreatment in compliance with the conditionsstipulated in the discharge permission. Whenstipulating these conditions, the water authority shallbe bound to consider the available technologies inthe area of waste water treatment. Whosoeverdischarges waste water into surface water orgroundwater must, in compliance with the waterauthority decision, measure the volume ofdischarged water and the degree of its pollution anddeliver the results of such measurements to the waterauthority that issued the decision and to therespective river basin administrator and theauthorised professional institution. In such decision,the water authority shall determine the location andmethod of measuring the volume and pollution ofdischarged waste water including the frequency ofthe submission of results of measurements.

4) Discharging waste water into groundwatercan be permitted in exceptional cases, and only fromindividual family houses and individual familyrecreation facilities based on an ad-hoc assessmentof their impact on the groundwater quality. Wastewater must not be discharged directly into thesaturation zone (Section 2).

5) When permitting the discharge of wastewater into surface water, the water authority shallstipulate the maximum permissible values of wastewater quantity and pollution. It will be bound by theindicators expressing water status in the watercourse,indicators and values of permissible surface waterpollution, indices and permissible values of wastewater pollution and conditions for permitting wastewater discharge stipulated by the government in anorder.

6) When permitting the discharge of wastewater into surface water or groundwater, the waterauthority shalla) consider the need to reach or maintain a suitable

status of surface water or groundwater and ofecosystems which depend on water,

b) evaluate the possibilities of limiting pollution atsource as well as limiting emissions into the

environment as a whole and the waste waterrecycling options.

7) If required by urgent water protectioninterests, the water authority may stipulate morerigid values for the waste water pollution indicatorsthan stipulated by the government in its orderpursuant to paragraph 5 or, if applicable, stipulateadditional indicators and their permissible values.This similarly applies to pollution indicators andtheir values as stipulated by the government pursuantto Sections 31 and 35.

8) When permitting the discharge of wastewater from industrial buildings and facilities, thewater authority may require that waste water fromindividual production cycles or cooling water betreated separately from other waste water.

9) Based on an application of the waterpolluter, in exceptional cases and for the necessarilyrequired period only, the water authority may permitthe discharge of waste water with higher values ofwaste water pollution indicators than stipulated bythe government in its order pursuant to paragraph 5or Section 31, in particular in cases when a wastewater treatment plant is being introduced intooperation, during its pilot operation, duringnecessary repairs or amendments of equipment forwaste water treatment, in cases of an accidentoccurring on such equipment and in cases whenwaste or special water will be discharged into surfacewater in a controlled manner, while at the same timeadditional conditions eliminating the possibility ofsurface water quality deterioration are stipulated.

Section 39Harmful Substances

1) Harmful substances are substances otherthan waste or mine water which may endanger thequality of surface water or groundwater (hereinafter“harmful substances”). Whoever works with harmfulsubstances must take adequate precautions to preventtheir entry into surface water or groundwater and toprevent them from endangering the environment.

2) In cases when large quantities of harmfulsubstances are being used in any operation or incases when the use of harmful substances poses anelevated danger for surface water or groundwater,the person using the harmful substances must takethe following measures:a) produce a plan of measures for emergency

situations (hereinafter “the emergency plan”);the emergency plan is subject to approval by therespective water authority; in cases when anaccident may affect the watercourse, the personusing harmful substances will discuss the

15

emergency plan with the respective watercourseadministrator and give him/her one copythereof, prior to its submission for approval,

b) keep records on measures taken and archivesuch records for a period of five years

3) The list of dangerous harmful substances(hereinafter “dangerous substances”) is contained inAttachment No. 1 of this Act; this list also includesespecially dangerous harmful substances (hereinafter“especially dangerous substances”).

4) Whoever uses especially dangeroussubstances or dangerous substances or handles largerquantities of harmful substances or where suchhandling poses an elevated danger, must takeadequate measures to prevent their entry into surfacewater or groundwater or sewerage systems which arenot part of the production facility technologicalequipment. In particular, he/she is obliged to:a) locate facilities for using, accumulating, storing,

processing or transporting harmful substances ina manner preventing undesirable emission ofsuch substances into the soil or their undesirablemixing with waste or precipitation water,

b) use only such equipment and apply only suchhandling methods which are appropriate for thesake of water quality protection,

c) checks warehouses and stores at least once inevery six months, test the fitness of pipes andtanks designed for storing harmful substances aswell as vehicles used for their transport andcarry out timely repairs thereof; warehousesmust be secured against leaks of harmfulsubstances into groundwater,

d) construct and operate an appropriate controlsystem for the detection of emission of harmfulsubstances,

e) ensure that newly constructed structures besecured against undesirable leaks of thesesubstances during fire-fighting.

5) The measures stipulated under paragraph 4shall correspondingly apply to the used packaging ofharmful substances.

6) Whoever uses especially dangeroussubstances must keep records on the type ofsubstances processed or used, the contents of theiractive components, their characteristics, particularlyin relation to surface water and groundwater andprovide this information, if requested, to the waterauthority and the Fire Rescue Corps of the CzechRepublic.

7) The water authority may permit exceptionsin respect of the use of harmful substances underparagraph 1, except for oil or oil-derived substances,for necessarily required scope, for a limited period,and provided they will be used for

a) improvement and maintenance of thewatercourse,

b) feeding fish,c) health reasons,d) treatment of surface water or groundwater for

certain types of use, e.g. coagulating inorganicnutrients directly in the watercourse,

e) removing undesirable flora or fauna from thewatercourse or

f) as tracking substances for the purposes ofmeasurement.

8) In a decree, the Ministry of the Environmentwill stipulate the particulars of the emergency planand the rules for the use of harmful substances.

9) The washing of motor vehicles and othermechanical equipment in watercourses or in placeswhere fuel and lubricants may threaten the quality ofsurface water or groundwater, is prohibited.

Section 40Accidents

1) Accident is an exceptional seriousdeterioration or exceptional serious threat to thequality of surface water or groundwater.

2) Serious deterioration or exceptionallyserious threat to the quality of surface water orgroundwater by oil or oil-derived substances,especially dangerous substances or radiation emittingsubstances and radioactive waste or deterioration orthreat to the quality of surface water or groundwaterin protected areas of natural water accumulation or ina protected zones of water resources are alwaysconsidered to be accidents.

3) Technical disorders and break-downs ofequipment used for accumulating, storing,transporting and disposing of substances stipulatedunder paragraph 2, are also considered as accidents,in cases where this is designed to prevent suchemissions.

Section 41Obligations in Case of Accident

1) Whoever causes the accident (hereinafter“accident originator”) is obliged to take immediatemeasures to eliminate the causes and consequencesof the accident. He/she must follow the emergencyplan and, if pertinent, the instructions of the waterauthority and the Czech Environmental Inspection.

2) Whoever causes or detects an accident, mustimmediately notify the Fire Rescue Corps of theCzech Republic or the fire protection units or thePolice Force of the Czech Republic or, if pertinent,the river basin administrator.

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3) The Fire Rescue Corps of the CzechRepublic, the Police Force of the Czech Republicand river basin administrator are obliged toimmediately inform the respective water authorityand the Czech Environmental Inspection of theaccident reported. If the accident occurred in theprotected areas of natural curative resources andresources of natural mineral water, the CzechEnvironmental Inspection will also inform theMinistry of Health. The water authority shall governthe work aimed at amelioration of the accident.

4) If an accident of exceptional extent occursand which may seriously threaten the lives or healthof people or cause considerable damage to property,the provisions on flood protection shall applycorrespondingly to protection against the harmfulconsequences of the accident.

5) The accident originator is obliged, ifrequested by authorities stipulated under par. 3, toco-operate with such authorities in taking measuresto eliminate the causes and consequences of theaccident.

6) Persons who participate in measures toameliorate the accident are obliged to provide theCzech Environmental Inspection and the Fire RescueCorps of the Czech Republic with the requiredinformation, if requested.

7) In a decree, the Ministry of the Environmentshall stipulate the method and scope of accidentreporting, its amelioration and elimination of itsharmful effects.

Section 42Remedial Measures

1) For elimination of the consequences ofunauthorised discharge of waste water, unauthorisedoperations involving harmful substances or accidents(hereinafter “the impacted state”), the waterauthority or the Czech Environmental Inspectionshall impose on those who violate the obligationsspecified for the protection of the quality of surfacewater or groundwater (hereinafter “the originator”)the obligation to take measures necessary to remedythe impacted state (hereinafter “the remedialmeasures”) or also measures to ensure thecompensatory withdrawal of water, if required by thecharacter of the problem. Costs of theimplementation of the remedial measures shall beborne by the person on whom remedial measureshave been imposed. Should the person on whomremedial measures have been imposed fail toperform such measures and danger may be involvedin delay, the water authority or the CzechEnvironmental Inspection shall ensure the measures

at the originator’s account. Whoever caused theimpacted state is considered as the impacted state’soriginator. Should an accident occur as a result of anaction by the Fire Rescue Corps of the CzechRepublic or fire protection units, they will not beconsidered as accident originators provided theyapplied reasonable means for the action.

2) The water authority or the CzechEnvironmental Inspection shall impose remedialmeasures, as required, on the acquirer of property,acquired in a manner specified in a special act,22 whois not the impacted state’s originator but to whoseso-acquired property the impacted state relates. Thewater authority or the Czech EnvironmentalInspection shall proceed in this manner provided theproperty acquirer acquired such property while beingaware of the ecological burden and provided aspecial contract was signed addressing the issue orprovided he/she was granted a discount from thepurchase price due to the impacted state which is thesubject matter of the remedial measures. The waterauthority or the Czech Environmental Inspectionshall proceed in this manner even if the originator ofthe impacted state still exists.

3) Obligations resulting from the remedialmeasures imposed upon the originator of theimpacted state under paragraph 1 or propertyacquirer pursuant to paragraph 2 are transferred totheir legal successors.

4) If remedial measures pursuant to paragraphs1 through 3 cannot be imposed and if there is a riskof serious threat or pollution of surface water orgroundwater, the respective water authority from itsown initiative or if requested by the CzechEnvironmental Inspection shall ensure that therequired remedial measures be carried out. For thispurpose it is entitled to impose carrying out ofremedial measures upon a legal entity or naturalperson doing business pursuant to special legalregulations,23 who has the required technical andprofessional capabilities to carry out remedialmeasures. Only such person is party to theproceeding on the imposition of measures; appealsagainst this decision do not suspend the requirementto carry out the imposed measures. For this purpose,the water authority shall establish a special accountwithin its budget which will be supplementedannually to maintain the balance of CZK 50,000,000.

5) Owners of property to which the impactedstate is related or whose property must be used toremove the impacted state other than those upon 22 Act No. 92/1991 Coll. on the Conditions of the Transferof State Property to Third Persons, as later amended.23 Act No. 455/1991 Coll. on Small Businesses (the SmallBusiness Act) as later amended.

17

whom remedial measures have been imposed, areobliged to allow the remedial measures imposed orordered by the water authority to be carried out. Forthis purpose, they must allow access to their land andbuildings to persons and vehicles and sufferlimitations in normal use of their respective land andbuildings.

6) Special regulations24 apply to access bypersons or vehicles in buildings and facilitiesbelonging to the Armed Forces of the CzechRepublic, the Police Force of the Czech Republic,the Intelligence Service and the Prison Service of theCzech Republic.

7) Should remedial measures affect land andbuildings of third persons, the ownership rights ofthe respective real estate properties must behonoured as much as possible; unless danger isinvolved in a delay, entry by persons or vehicles andthe intended limitations on normal use of real estateproperties must be announced in advance. After thetermination of remedial measures, persons uponwhom the performance of remedial measures hadbeen imposed, are obliged to return the land andbuildings in their original condition at their ownaccount, unless another agreement has been reachedwith the owners; should remedial measures becarried out based on a decision of the water authoritypursuant to paragraph 4, these costs will be borne bythe respective district authority.

8) Compensation for property damage orlimitations incurred to the owners during theperformance of remedial measures on their land andbuildings, shall be paid by those on whom remedialmeasures had been imposed. In cases specified underparagraph 4, the respective water authority isresponsible for this compensation. The compensationclaim must be made with the person on whomremedial measures had been imposed or with therespective water authority within 6 months of the daywhen it arose, otherwise it expires. This provisiondoes not affect the right to claim damages.

CHAPTER VI

WATERCOURSES

Section 43Watercourses

1) Watercourses are surface waters running bygravity in their channel either permanently or for theprevailing part of the year including water artificially 24 E.g. Act No. 222/1999 Coll. on Ensuring the Defense ofthe Czech Republic

impounded in such channels. They include water indead-end branches and sections temporarily runningbelow the earth surface in natural cavities or incovered sections.

2) The water authority shall decide in case ofdoubt as to whether a body is a watercourse or not. Itmay also decide that surface waters other than thosespecified in paragraph 1 constitute a watercourse.

3) The provisions of a special act25 on torrentregulation are herewith not affected.

Section 44Watercourse Channels

1) If a watercourse flows on land registered inthe real estate register as water area, such landconstitutes the channel of the watercourse. If awatercourse flows on land not registered as waterarea in the real estate register, the watercoursechannel is the part of the land involving the bottomand the banks as far as the bank line, which isdetermined by the level of water normally flowing inthe channel without spilling onto the adjacentterritory.

2) The water authority having the respectiveterritorial jurisdiction shall decide in cases ofdisputes concerning the watercourse channelboundaries.

Section 45Watercourse Channel Changes

1) If a watercourse changes its natural channelas a result of natural forces during flood and a newwatercourse comes into existence, the owners ofland, watercourse administrator and personsauthorised for water use who are affected by the newsituation, may jointly or individually apply to thewater authority for the permission to return thewatercourse in its original channel at their ownaccount. The State may contribute for thewatercourse channel renewal after flood (Section102) to applicants who obtain such permission.

2) If the original condition is not renewed, theState will buy the plot of the original or newwatercourse channel, if offered for sale by the ownerof the respective land plot. This does not apply toplots owned by municipalities.

3) Should the original condition not be reneweddue to the fact that the water authority has not issuedthe permission for renewal in public interest, theowners of the affected land shall be entitled forcompensation of damages pursuant to paragraph 2,

25 Section 35 of Act No. 289/1995 Coll. as later amended

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while others authorised for water use and affected bythis decision are entitled to reasonable compensation.

4) The right to claim renewal and damagesexpires after three years of the year in which thechange occurred.

Section 46Protection of Watercourses and their Channels

1) It is forbidden to change the direction, thelongitudinal slope and the cross-section of thewatercourse channel, damage its banks, excavatesoil, sand or raw materials from watercoursechannels, deposit objects in watercourses whichmight endanger fluent water flow, human health orsafety and deposit such objects in areas from whichthey may be washed into the water.

2) The provisions of the preceding paragraphdo not relate to cases when specified activities arecarried out pursuant to this Act.

Section 47Administration of Watercourses

1) Watercourses are subject to administration.They are classified into significant watercourses andminor watercourses. In a decree, the Ministry ofAgriculture, in co-operation with the Ministry of theEnvironment, shall stipulate a list of significantwatercourses.

2) Watercourses administration is understood toinclude the following obligationsa) to monitor the condition of watercourse

channels and adjacent land in terms of thewatercourse functions

b) to care for watercourse channels, in particular tomaintain the channels in conditions whichensure sufficient water flow and depth indraining water from the area and which are asclose as possible to natural conditions, tomaintain bank side vegetation on thewatercourse banks or on adjacent land in amanner preventing such vegetation frombecoming an obstacle to water flow in floodsituations or, if pertinent, plant bank sidevegetation on the watercourse banks or onadjacent land taking account of the objective ofachieving a species structure as close as possibleto the original conditions, unless suchobligations have been imposed upon the ownersof land containing watercourse channels,

c) to operate and maintain in good condition thosewater management structures in watercoursechannels that are necessary for ensuring the

watercourse functions,26 or serve predominantlyto the watercourse, and which are owned bywatercourse administrators or used by thembased on another legal cause,

d) to prepare and ensure improvements towatercourse channels if they serve for ensuringthe watercourse functions,

e) to create conditions allowing for justified wateruse related to watercourses; in extremesituations on watercourse, as far as it is allowedby hydrological conditions and the condition ofthe watercourse,

f) to inform the respective water authority ofserious defects detected in watercourse and itschannel caused by natural or other impacts; atthe same time, to propose remedial measures,renew natural watercourse channels, inparticular in specially protected areas27 and interritorial systems of ecological stability,28

g) to co-operate in ameliorating accidents onwatercourses

3) In a decree, the Ministry of Agriculture willstipulate the method of carrying out activitiespursuant to paragraph 2.

4) Apart from the watercourse administrationobligations pursuant to paragraph 2, theadministration of significant watercourses alsoincludes the following further obligations:a) to operate and maintain in good condition water

management structures on significantwatercourses, facilitating justified use of surfacewater, owned by the administrators ofsignificant watercourses or used by them basedon another legal cause,

b) to maintain the navigability of significant waterways in use and to trace out and mark theshipping track on waterways7

c) to maintain in good condition and to operatethird-party water management structures onwatercourses if so decided by the waterauthority (Section 59, par. 3),

d) to govern and influence management of water ina system of water reservoirs in compliance withoverall rules of operation,

e) to initiate suggestions for production,amendments and co-ordination of the rules ofoperation of water management structuresowned by third parties

f) to co-operate in amelioration of accidents withinthe river basin if they may endanger waterquality in significant watercourses,

26 E.g. Section 3 and 4 of Act No. 114/1992 Coll. as lateramended27 Section 14 of Act No. 114/1992 Coll. as later amended28 Section 4 of Act No. 114/1992 Coll. as later amended

19

g) if requested by the Ministry of Agriculture, tosubmit to the Ministry for approval draft overallrules of operation which co-ordinate operationalrules of individual water management structuresforming a system of water reservoirs and tosuggest to water authorities changes inpermissions for water use, if affected by theapproved rules of operation; the water authorityis obliged to issue decision on suchsuggestions,

h) to co-operate with the administrators of minorwatercourses in solving tasks relating towatercourses within the river basin area.

Section 48Watercourse Administrators

1) The administration of significantwatercourses is ensured by legal entities establishedpursuant to a special act17 (hereinafter “river basinadministrators”).

2) Municipalities through the territory of whichminor watercourses flow or natural persons or legalentities using minor watercourses or to whoseactivity the minor watercourses are related areentitled to carry out the administration of smallwatercourses when appointed to do so by theMinistry of Agriculture. The Ministry of Agriculturewill appoint small watercourse administrators basedon an application.

3) The Ministry of the Interior is responsiblefor the administration of small watercourses inmilitary zones29. The Administrations of NationalParks are responsible for the administration of smallwatercourses in the territory of national parks.30

4) On small watercourses for which noadministrator was assigned pursuant to paragraph 2,the administration is undertaken by the State throughits organisational units established for this purposeby the Ministry of Agriculture.

5) In a decree, the Ministry of Agriculture willstipulate the contents of the application pursuant toparagraph 2 and its details required for decision.

6) The Rules of Administration do not apply tothe determination of a small watercourseadministrator.

7) The river basin administrator shall executesupervision of the administration of smallwatercourses. Should the administrator of a smallwatercourse fail to fulfil his/her obligationsaccording to this Act, the Ministry of Agriculturewill terminate his/her appointment as anadministrator of a small watercourse. 29 Act No. 222/1999 Coll.30 Act No. 114/1992 Coll. as later amended

Section 49The Rights in Watercourse Administration

1) Watercourse administrators are authorised:a) in the execution of their administration to enter

another person’s land and buildings to thenecessary extent, provided no permission isrequired according to special regulations,

b) in the interest of the care of the watercoursechannel and in co-operation with land owners,to remove or plant new trees and bushes on theland adjoining the watercourse,

c) to request the submission of approval orpermission of the water authorities concerningthe watercourse and to determine whether suchpermissions are honoured,

d) to give orders for the operation of the watermanagement structures to their users incompliance with the overall rules for theoperation of a system of water reservoirs on awatercourse, if required in exceptional situation.

Special regulations regarding the protection of natureand landscape31 are not affected by the execution ofthe above authorisation.

2) In the execution of their administration ofwatercourse, if necessarily required and upon priorconsultation with land owners, the watercourseadministrators may use land adjacent to thewatercourse channel, as follows:a) in case of watercourses which are significant

waterways, to a maximum width of 10 metersfrom the bank line

b) in case of significant watercourses other thanstipulated under letter a) to a maximum width of8 meters from the bank line,

c) in case of minor watercourses to a maximumwidth of 6 meters from the bank line.

3) The water authority may, if necessarilyrequired and for a necessary period of time only,determine that a larger width of land adjacent to awatercourse than specified in par. 2 may be used.

4) If the watercourse administrator causes anydamage while exercising his/her authorities pursuantto paragraph 1 or 2, he/she shall be responsible forits compensation. General rules are applied fordamage compensation.

Section 50Obligations of Owners of Land on which

Watercourse Channels are Located

Owners of land on which watercourse channelsare located must

31 E.g. Act No. 114/1992 Coll. as later amended

20

a) suffer on their land the placement of bank sidevegetation as well as general use of water in thewatercourse,

b) maintain the watercourse banks in conditionrequired to ensure harmless water flow, removeobstacles and foreign objects from thewatercourse, except for sediments, providedsuch activities do not require special costs,special professional competence or use ofspecial techniques,

c) suffer on their land water managementstructures located within the watercoursechannel and constructed before the effectivedate of this Act,

d) report to the watercourse administrator apparentdefects of the watercourse channel,

e) suffer on their land without compensation theplacement of equipment for monitoring thestatus of surface water and groundwater andecological functions of the watercourse, e.g.navigation marks etc.,

f) enable the water authority, the CzechEnvironmental Inspection and the watercourseadministrator to exercise their duties,

g) allow other people to pass along thewatercourse running on their land; afterconsulting with the respective watercourseadministrator, the water authority may allowexception from this obligation; this does notapply to plots in a presently built-up area ofmunicipality and for fenced plots.

Section 51Obligations of Owners of Land Adjacent to

Watercourse Channels

1) Owners of land adjacent to watercoursechannels musta) enable the watercourse administrator to exercise

their duties,b) suffer on their land without compensation the

placement of equipment for monitoring thestatus of surface water and groundwater andecological functions of the watercourse, e.g.navigation marks etc.,

c) allow passage to other people, after priorconsulting with them, through their property;this does not apply to plots in a presently built-up area of municipalities and for fenced plots.

2) The water authority may forbid the ownersof land lots adjacent to watercourses to fell trees andbushes which stabilise the watercourse channel.

3) If the land owner suffers a damage as aresult of execution of these rights he/she is entitled toits compensation.

Section 52Obligations of Owners of Structures and Facilities

Situated in Watercourse Channels or AdjacentThereto

1) Owners of structures and facilities situated inthe watercourse channels or adjacent to it mustremove objects caught or stuck on such structuresand facilities and treat them pursuant to a specialact.32

2) Owners of structures which are not watermanagement structures or facilities situated in awatercourse channel or adjacent to it must in publicinterest maintain their static safety and carry outgeneral maintenance so that they do not threaten thecontinuous surface water flow and so that they aresafeguarded against damage caused by water andice-drift. Should a continuous water flow beinterrupted due to neglected care for such structuresor facilities, their owners must at their own accountremedy the situation and fully renew continuouswater flow; otherwise the water authority is entitledto ensure remedy at the owner’s account; this doesnot affect the liability for damage caused byneglecting due care for a structure or facility situatedin a watercourse channel or adjacent to it.

Section 53Doubt as to the Extent of Obligations and Rights

In case of doubt as to the extent of obligations orrights of river basin administrators or watercourseadministrators, the Ministry of Agriculture shalldecide the issue. It will also do so in case of doubt asto the extent of obligations of owners of land of thewatercourse channel, owners of land adjacent towatercourse and owners of structures and facilitiessituated in the watercourse or adjacent to it. Shouldsuch doubt occur in a water administrationproceeding in which the person whose rights orobligations are in doubt is a party, the waterauthority governing such proceeding shall decide theissue.

CHAPTER VII

RIVER BASIN ADMINISTRATION

Section 54

1) River basin administration means theadministration of significant watercourses (Section47, par. 4), some activities connected with 32 Act No. 185/2001 Coll. on Waste and Change to SomeOther Acts

21

monitoring and assessment of the status of surfacewater and groundwater in the given river basin(Section 21) and other activities carried out by riverbasin administrators pursuant to this Act.

2) River basins are administered by river basinadministrators.

3) River basin administrators provide technical,economic and other information available to them tothe water authority, if requested, for their use.

4) Within the scope of their activity, river basinadministrators initiate and submit proposals andopinions to water authorities, in particular in thematters of the protection of hydrologic conditions,protection of waters, economic use of waterresources, minimum residual flow of watercourses,minimum groundwater level and in cases oftemporary shortage of water.

5) River basin administrators work togetherwith the administrators of minor watercourses andauthorised professional institutions on the solution oftasks regarding the entire river basin district.

CHAPTER VIII

WATER MANAGEMENT STRUCTURES

Section 55Water Management Structures

1) Water management structures are structuresused for impounding and retention of water, artificialregulation of surface water flow regime, protectionand use of water, water utilisation, protection againstharmful effects of water, improvement of waterregime or for other purposes intended by this Act, inparticular:a) dams, dykes, water reservoirs, weirs and pools,b) structures which regulate, change or establish

watercourse channels,c) water-supply systems and waterwork buildings

including water treatment plants, sewers andsewerage facilities including waste watertreatment plants and structures for waste watertreatment before it is discharged into thesewerage system;

d) flood protection structures,e) structures for land reclamation and land

irrigation and drainage;f) structures established in the channels of

watercourses or on their banks for navigationalpurposes,

g) structures intended for using the water energyand its energy generating potential,

h) sludge bed structures,i) structures used for the monitoring of surface

water and groundwater status,j) wells,k) structures intended for regulating torrents and

ravines, unless a special act25 specifiesotherwise,

l) other structures required for water use subject topermission in accordance with Section 8.

2) Simple facilities outside the watercoursechannels located on individual plots and structuresintended for the retention of water and the protectionof individual plots and structures against the harmfulimpacts of surface water or groundwater, as well assimple facilities outside watercourses used for wastewater accumulation (septic tanks) and water supplyand sewerage connections, are not considered to bewater management structures according to this Act,unless specified otherwise by special regulations33.Research hydro-geological boreholes and otherfacilities constituting part of geological works arenot considered to be water management structureseither.20

3) In case of doubt whether a watermanagement structure is involved or not, the waterauthority with the respective territorial jurisdictionshall decide the issue.

Section 56Structures for Land Reclamation

1) For the purpose of this Act, the followingstructures are considered to be structures for landreclamationa) for land irrigation and drainage,b) for land protection against water erosion.

2) For the purpose of this Act, structures fordrainage of agricultural land are divided into maindrainage facilities and subsidiary drainage facilities,while a subsidiary drainage facility means lateral andmain drains, drainage wells and outlets in sub-surface drainage systems, and drainage ditches andconnected structures in surface drainage systems.

3) In a decree, the Ministry of Agriculture willspecify the detailed list of structures for landreclamation and parts thereof including the methodand scope of care for them.

4) Owner of land on which a structure for landreclamation or part thereof is situated while suchstructure is connected with several land lots or wasestablished in public interest and was built before theeffective date of this Act, is obliged toa) suffer the structure for land reclamation or its

part on his/her property, 33 E.g. Decree No. 144/1978 Coll. on the Public WaterSupply Systems and the Public Sewerage Systems asamended by Decree No. 185/1988 Coll.

22

b) use the land in a manner not negatively affectingthe function of the structure for land reclamationor its part,

c) report to the owner of the structure for landreclamation or to the water authority, obviousdysfunction of the structure or its part,

d) suffer that his/her land is used to the necessaryscope for the maintenance of the structure forland reclamation or its part.

5) In case of doubt regarding the scope ofobligations of the owner of land on which thestructure for land reclamation or its part is located,the owner of land adjacent to land on which thestructure for land reclamation or its part is located or,if relevant, the obligation of the administrator of theconnected watercourse, the water authority shalldecide the issue to ensure the function of thestructure for land reclamation.

6) The state, through its organisational units,which will be established for this purpose by theMinistry of Agriculture, shall administer structuresfor the reclamation of land owned by the state, unlessthe Ministry of Agriculture reaches an agreement onadministering these structures with legal entitiesusing such structures or to the activity of which suchstructures are related.

Section 57Use of Water Management Structures by Third

Persons

Should the immediate benefit from a watermanagement structure go to an authorised person(Section 8) other than the owner of such watermanagement structure, this person is obliged to sharethe costs of maintenance of the structure. Ifagreement is not reached regarding the amount andmethod of compensation of costs between the ownerof the water management structure and theauthorised person, the court will decide the issue.This does not apply, provided the owner of the watermanagement structure is the administrator of thewatercourse and the person authorised for water usein this water management structure pursuant toSection 8 is obliged to pay a fee for theadministration of watercourses and river basinadministration pursuant to Section 101 and if theperson authorised for water use pursuant to Section 8uses the water solely for the purpose of utilising itsenergy generating potential for electricity productionin facilities up to a 5 MW output.

Section 58Protection of Water Management Structures

1) It is prohibited to damage water managementstructures and their functions.

2) In particular, the following is prohibited:a) to plant wood species on levees, to drive upon

them with vehicles except for maintenancepurposes except for places intended for thesepurposes,

b) to damage staff gauges, water meters, watergauges, water marks, flood marks and otherfacilities serving for the fulfilment of tasksstipulated by this Act.

3) Based on a proposal of the owner of thewater management structure and in the interest of itsprotection, the water authority may specify protectedzones along this water management structure andprohibit or limit the location and construction ofsome structures or activities therein, in accordancewith the character of the water managementstructure. The owners of land and buildings in theprotected zone are entitled to compensation for anydamage suffered by them as a result of the above banor limitation from the owner of the watermanagement structure. If agreement is not reachedbetween the owner of the land and buildings insidethe protected zone and the owner of the watermanagement structure regarding the amount ofcompensation, the court will decide the issue.

Section 59The Obligations of Owners of Water

Management Structures

1) The owner of a water management structureis obliged to:a) observe the conditions and obligations under

which the water management structure has beenpermitted, particularly the approved rules ofoperation and service, and submit to the waterauthority proposals for any modifications ofthese rules for approval, so that they conform tothe overall operational rules for the entiresystem of water management structures; theMinistry of Agriculture shall stipulate the detailsof the rules of operation and service in a decree,

b) maintain the water management structure inproper condition so as to avoid endangering thesafety of people, property and other protectedinterests,

c) ensure at his own expense technical and safetysupervision of the water management structure,provided the structure is subject to suchsupervision,

d) carry out at his own expense, the measuresimposed by the water authority to remedy thedefects found in the water management

23

structure, particularly those imposed in thecourse of water management supervision,

e) obey the instructions of the watercourseadministrator in case of extreme situations onthe respective watercourse,

f) remove objects and masses caught or stuck onthe water management structures and treat themin accordance with a special regulation,32

g) place water gauge, water mark or staff gauge onthe water management structure and ensurespecial modification of spillway or outletstructure in accordance with the decision of thewater authority,

h) place navigation signs on the water managementstructure

i) in case of water management structure intendedfor impounding water in the watercourse,maintain, at his own expense, the river channeland banks in the backwater area in a propercondition, care for fluent water flow, inparticular remove silt and obstacles, and, iftechnically possible and economicallyacceptable, create conditions for the migrationof aquatic fauna, unless structures are involved,

j) remove self-seeded wood species from damsused for flood protection, for water impoundingor water accumulation; a special act30 does notapply to these obligations except for cases whenmemorial trees or especially protected plantspecies are involved. Before their removal,unless danger may be caused by delay, theowner of the water management structure mustinform the nature protection body about hisintention.

2) The water authority may through a decision,impose the obligation to prepare and submit forapproval the rules of operation or rules of service ofthe water management structure.

3) If required in public interest and if theobliged person does not fulfil his/her obligationsproperly and does not remedy the situation within aspecified deadline, the water authority may decidethat another person will take-over the operation ormaintenance of the water management structure for anecessary period. The authorised person shalloperate and maintain the structure at the expense ofthe obliged person; if such person does not exist, thestate will carry the cost.

4) The state will participate in the removal ofobstacles for migration of aquatic fauna in thewatercourse caused by water management structuresbuilt prior to the effective date of this Act.

Section 60Access to Land

1) The owners of land plots adjacent to a watermanagement structure must, upon prior consultationwith them, allow access to those ensuring theoperation or those carrying out the maintenance ofthe water management structure, for the purpose ofsuch operation and maintenance, within the scope asnecessary.

2) Should the land owner suffer a damage as aresult of such access, he/she is entitled tocompensation.

Section 61Technical and Safety Supervision of Water

Management Structures

1) Technical and safety supervision of watermanagement structures (hereinafter “the technicaland safety supervision”) is understood as detectingthe technical and safety condition of watermanagement structures for impounding or retainingwater in respect of their security and stability andpossible causes of defects. It is carried out inparticular in the form of the water managementstructure monitoring and inspections, measuring theirdeformations, monitoring water leakage andevaluating the results of all observations andmeasurements in relation to the beforehand-stipulated limit or critical values. Technical andsafety supervision includes drafting of measures forthe elimination of detected defaults .

2) For the technical and safety supervisionpurposes, water management structures are dividedinto categories I to IV, depending on the risk tohuman lives, possible property damage in theadjacent territories and losses resulting from thelimitation of functions and benefits in public interest.

3) In a decree, the Ministry of Agriculture willstipulate the water management structures subject totechnical and safety supervision, the criteria forindividual water management structure categories,the scope and frequency of technical and safetyinspections for individual water managementstructure categories and for individual stages of theirpreparation, construction, overhaul or operation.

4) Whoever requests a permission for a newwater management structure intended for waterimpounding or retention or for a change of one thathas already been completed, must, together with theapplication for permission, also submit expertopinion regarding the need for or, if pertinent, draftconditions for carrying out the technical and safetysupervision at this water management structure,prepared by the person stipulated under paragraph 9.

5) The water authority shall decide about theobligation to ensure technical and safety supervision

24

of a water management structure and its scope or, ifpertinent, the conditions for its performance, and onthe classification of the water management structureinto categories I to IV, considering the expertopinion pursuant to the preceding paragraph, as arule during the stage of construction permit orchange permit issuance. In cases of watermanagement structures whose impact pursuant toparagraph 2 exceeds the territorial jurisdiction of thewater authority, the regional authority may reservethe right to issue such decision; in cases when theimpact under paragraph 2 exceeds the jurisdiction ofregional authority, the Ministry of Agriculture mayreserve the right to issue such decision.

6) The water authority may decide on a changeof the water management structure category, thescope of the technical and safety supervision orconditions for its execution, if conditions underwhich the previous decision was issued changesignificantly.

7) The water authority will submit theinformation on the classification of a watermanagement structure into categories I to III or achange thereto, to the Ministry of Agriculture.

8) The Ministry of Agriculture will keep asummary record of the classification of watermanagement structures into categories I to III.

9) Only professionally capable personsauthorised for this purpose by the Ministry ofAgriculture may carry out technical and safetysupervision and prepare expert opinion for theclassification of water management structures intothe categories with respect to the technical and safetysupervision.

10) The authorisation to carry out technical andsafety supervision can only be granted to a personhaving the appropriate technical education, staff andequipment who fulfils the conditions for thequalified performance of technical and safetysupervision.

Section 62The Obligations of Owners and Builders of Water

Management Structures During the Technicaland Safety Supervision

1) The owner or builder of a water managementstructure is obliged to ensure the technical and safetysupervision at his own account, within the scopestipulated by the Ministry of Agriculture’s Decreepursuant to Section 61, par. 3. The water authoritymay decide on additional obligations stipulated forthe performance of such supervision.

2) The owner or builder of a water managementstructure classified into categories I and II is obliged

to ensure technical and safety supervision through anauthorised and professionally capable person and toparticipate in its performance within the scopestipulated in a decree of the Ministry of Agriculture.

3) The owner or builder of a water managementstructure classified into categories III and IV mayperform the technical and safety supervision onhis/her own.

4) When performing technical and safetysupervision, the owner/builder of a watermanagement structure classified into categories I toIV must:a) select a natural person responsible for the

performance of the technical and safetysupervision and notify the respective waterauthority of such person’s name, surname,address and, if relevant, place of work andphone number; for water management structuresof category I and II, this information must alsobe delivered to the authorised and professionallycapable legal entity (Section 61, par. 9)responsible for carrying out technical and safetysupervision of the given structure,

b) invite the respective water authority for theinspection of water management structure ofcategory I at least annually, of category II atleast once in every two years, of category III atleast once in every four years and of categoryIV once in every ten years,

c) deliver reports on the results of the technicaland safety supervision within deadlinesaccording to letter b) or, in the case ofoccurrence of abnormal situations affecting thesafety of the respective water managementstructure, to the respective water authority; forstructures classified into categories I and II,ensure their submission through the authorisedprofessionally capable legal entity.

CHAPTER IX

PROTECTION AGAINST FLOODS

Part 1Protection Against Floods

Section 63

1) Protection against floods is understood asmeasures aimed at avoiding and preventing losses ofhuman lives and damages to material property ofpopulation and society, as well as to theenvironment, performed, in particular throughsystematic preventive measures, increasing theretention capacity of the river basins and affecting

25

the evolution of floods.2) Protection against flood is ensured in

compliance with flood protection plans and, in caseof declaring a critical situation, the emergencyplans.34

3) To ensure the protection against floods,everyone must allow entrance by persons or vehiclesto their land and buildings to those who manage, co-ordinate and execute security and rescue work,everyone must provide at the request of the floodprotection authorities physical and materialassistance for the protection of human lives andproperty against floods and must obey the orders ofthe flood protection authorities.

4) Should the owner of the land and buildingsincur any damage during such activities he/she isentitled to compensation.

Section 64Floods

1) For the purpose of this Act, flood shall be atemporary marked increase in the water level in awatercourse or other surface water body, causingwater to flood the surrounding land outside thewatercourse channel, and being possible causingfactor of a damage; flood shall also be a conditionunder which water can cause damage by the fact thatit cannot temporarily flow away in a natural manneror the outflow of water is insufficient or the area isflooded by a concentrated outflow of precipitation.Flood can be caused by natural factors, particularlyby snow melting, rain or movement of ice (naturalflood) or other factors, in particular by failure of awater management structure which may lead to itscollapse or by taking emergency measures in criticalsituations (special flood).

2) The following situations are considered assituations posing flood dangera) specified limit of the water level or flow in a

watercourse is reached and the increase tends tocontinue,

b) heavy rain falling for long period of time,forecasted occurrence of intensive precipitationor snow melting, dangerous movement of ice oroccurrence of dangerous ice jams andblockages,

c) emergency situation of a water managementstructure posing a danger that the structure maybecome damaged.

34 Act No. 240/2000 Coll. on Emergency Managementand Change to Some Acts (the Emergency ManagementAct)

Part 2Section 65

Flood Protection Measures

1) Preventive measures and measures insituations posing flood danger area) determination of flood plain areasb) specification of limits for flood protection

activity degreesc) flood protection plansd) flood protection inspectionse) organisation of flood forecasting and reporting

services,f) organisational and technical preparationg) creation of flood reserve stockh) clearing of flood plain areasi) training of persons participating in flood

protection activities,j) activities of the flood forecasting service,k) activities of the flood reporting servicel) warning in cases of danger of floods,m) establishment and activities of the watching

service,n) flood recording and documentation.

2) Measures taken during flood area) regulation of flow regime,b) flood protection activities,c) flood rescue activities,d) activities aimed at ensuring substitute functions

and services in territories affected by floods.3) Flood documentation and assessment

including the assessment of damage caused by flood,causal factors adversely affecting the flood,efficiency of adopted measures and proposals foramendment to flood protection measures constitutean integral part of flood protection measures.

4) Construction, maintenance and repairs ofstructures and other installations serving for floodprotection, as well as investments evoked by floodsare not flood protection measures as specified bySection 65 of this Act.

Section 66Flood Plain Areas

1) Flood plain areas are administrativelydetermined areas exposed to flooding in case ofnatural flood. The water authority is obliged tostipulate their extent based on a proposal submittedby the watercourse administrator. The waterauthority may oblige the watercourse administratorto prepare and submit such proposal in compliancewith the plans of the main river basins and riverbasin district plans.

2) In built-up municipal areas and areas

26

designated for built-up areas in the regional land useplans, the water authority, based on a proposal by thewatercourse administrator, will determine the floodplain area active zone in accordance with dangercaused by flood flow.

3) In a decree, the Ministry of the Environmentwill stipulate the method and scope of drafting anddetermining the flood plain areas.

4) The water authority that had determined theflood plain area will submit the maps anddocumentation of such areas to the respectivebuilding control authorities and the Ministry of theEnvironment.

5) If flood plain areas have not beendetermined, the water authorities and buildingcontrol authorities may base their activities on thedocumentation available from the river basin andwatercourse administrators which determine theprobable boundaries of the area endangered byfloods.

6) The Ministry of the Environment, based ondocumentation prepared by the watercourseadministrators, will ensure that records on the floodplain areas determined in the territory of the CzechRepublic be kept and recorded in the publicadministration’s information system.

7) The determination of flood plain areas is notgoverned by the Rules of Administration.

Section 67

Restrictions in Flood Plain Areas

1) Locating, permitting and building structuresinside the active zone of the flood plain area isprohibited except for water management structuresaimed at regulating the watercourse, flood flowrouting, performing flood protection measures ormeasures which are otherwise related to thewatercourse or improve the flow regime, structuresfor water retention, waste water and rain waterdisposal and also necessary transport and technicalinfrastructure structures.

2) The following is also forbidden in the activezonea) extracting raw materials and soil in a manner

exacerbating the surface water flow andcarrying out terrain modifications exacerbatingthe surface water flow,

b) storing materials, substances and objects thatcould be washed away,

c) erecting fences, hedges and similar obstacles,d) establishing campgrounds and other temporary

accommodation facilities.3) The water authority may stipulate restrictive

conditions for the flood plain areas outside the activezone. This applies also if an active zone has not beendetermined.

Section 68Areas Determined for Flooding

1) In order to mitigate the impacts of flood, thewater authority may, as a preventative measureinside the flood plain area, based on the river basindistrict plan and in place of other measures for theprotection against flood, determine areas forflooding.

2) In a decision on the determination of an areafor flooding, the water authority, after consultationwith the respective state administration bodies, willimpose restrictions on the use of land and buildingsinside such area.

3) The owners shall be entitled to acompensation for the restriction on the use of landand buildings. If need be, in public interest, the waterauthority may file an application for thedispossession of the respective land and buildings or,if pertinent, it may suggest to the building controlauthority that construction be banned in therespective area.

Section 69Territories Exposed to a Special Flood Danger

Territories exposed to a special flood danger areterritories which may be inundated in case of aspecial flood occurrence. If the expected extent ofthe area exposed to a special food danger in criticalsituations significantly exceeds the flood plain area,this extent shall be determined in an emergency plan.A special act applies to its preparation.34

Section 70Degrees of Flood Protection Activities

1) For the purpose of this Act, degrees of theflood protection activities are understood as levels offlood danger related to specified limits, which arenormally water levels or water flows in reportingriver sites or limits or critical values of otherobserved variables as stipulated in the respectiveflood protection plan.

2) The extent of flood protection measures tobe taken is governed by flood danger or floodevolution which shall be expressed by the followingthree degrees of the flood protection activities:a) degree one (state of alert) begins in case of

natural flood danger and ends when the causingfactors of such danger disappear; it requires that

27

increased attention be paid to the watercourse orsome other source of the flood danger, theactivities of the flood warning and watchingservices are commenced; at water managementstructures, this degree begins when the limitvalues of observed variables or safetyparameters of the structure are reached or whenunusual facts which could lead to special flooddanger are being detected;

b) degree two (state of danger) shall be declaredwhen the danger of a natural flood becomesreality; it shall also be declared when the limitvalues of the observed variables or safetyparameters of a water management structure arebeing exceeded; the flood protection authoritiesand other participants involved in the floodprotection are being activated as well as relevanttechnical means, and measures for floodmitigation as specified in the flood protectionplan are being implemented.

c) degree three (state of emergency) shall bedeclared in danger of the occurrence of highdamage and in situations when lives andproperty in the flood plain areas are endangered;it shall also be declared, simultaneously withinitiation of emergency measures, when criticalvalues of the observed variables or safetyparameters of a water management structure arebeing reached; protection and, if required,rescue activities and evacuation shall beorganised.

3) Degrees two and three of the floodprotection activities shall be declared and terminatedby the flood protection authorities for areas relevantto their territorial responsibility. The degrees aredeclared on the basis the fact that a limit as specifiedfor water level or flow in the flood protection planhas been reached or its reaching is forecasted,relevant information is reported by the floodforecasting or warning service, it is recommended bythe administrator of the watercourse, it is notified bythe owner of a water management structure or on thebasis of other facts indicating degree of the flooddanger. The flood protection authority shallcommunicate the declaration and termination of theflood protection activity to institutions pursuant tothe flood protection plan and to the higher floodprotection authority.

4) The limits of water stages for declaring thesecond and third degree of the flood protectionactivities shall be specified in the flood protectionplans.

Section 71Flood Protection Plans

1) For the purpose of this Act, the floodprotection plans are documents containing themethod of ensuring timely and reliable informationon flood development, possibilities of influencingthe runoff regime, organisation and preparation ofsafety work; they further contain the methods ofensuring a timely activation of flood protectionauthorities, ensuring the warning and watchingservice and protection of structures, preparation andorganisation of rescue work and ensuring the basicfunctions disrupted by the flood in the facilities andthe territory, and also the stipulated limits fordegrees of flood protection activity.

2) The flood protection plans includea) factual part, which shall include information

necessary for flood protection of a structure,municipality, river basin or other territorial unit,and it will specify the limits for declaringdegrees of flood protection activities,

b) organisational part, which shall contain namesand addresses of participants involved in theflood protection, relevant communication links,assignments of the individual participants, andorganisation of the warning and watchingservice,

c) graphical part, which shall usually contain mapsor plans showing mainly flood plain areas,evacuation routes and meeting sites, reportingriver sites and information sites.

3) The flood protection plans of territorial unitsarea) municipal flood protection plans, which shall be

prepared by authorities of those municipalitieswhose territories are exposed to flood danger,

b) district flood protection plans, which shall beprepared by the district authorities,

c) river basin flood protection plans, which shallbe prepared by the respective regionalauthorities in their delegated jurisdiction in co-operation with the river basin administrators,

d) Flood protection Plan of the Czech Republic,which shall be prepared by the Ministry of theEnvironment.

4) Flood protection plans for immovable assetsand land exposed to floods due to being situated inflood plain areas or capable of exacerbating the floodevolution, shall be prepared by their owners for theirneeds and for co-operation with the municipal floodprotection authority. In case of doubt regarding thescope of this duty, the water authority shall issue adecision based on a proposal submitted by theowners.

5) The flood protection plans of territorial units(paragraph 3) shall annually be examined by theirdevelopers, normally in the period prior to the spring

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snow melting, and the examination shall bedocumented. Developers of other flood protectionplans (paragraph 4) shall make relevant examinationif the conditions under which the plans weredeveloped substantially changed. If the examinationreveals a need for an amendment of the plan, thedeveloper shall do this without delay.

6) The factual and graphical part of the floodprotection plan and changes thereto shall besubmitted by the developer to superior waterauthority for approval of conformity with the floodprotection plan at higher level. For flood protectionplans of land plots and buildings, the conformityshall be approved by municipal flood protectionauthority. The approval of the conformity shallrender the factual and graphical parts of the floodprotection plan to be binding. The developers shallpermanently update the organisational part of theflood protection plan and shall provide it to thepertinent flood protection authorities and otherparticipants involved in the flood protection to beavailable for their use. The approval of conformity isnot regulated by the Rules of Administration.

Section 72Flood Protection Inspections

1) Flood protection inspections examine theexistence of defects on watercourses, watermanagement structures and the flood plain areas orstructures and facilities situated within such areas,which may increase the danger of flood or itsharmful impacts.

2) Flood protection inspections shall beorganised and carried out by the flood protectionauthorities pursuant to the flood protection plans atleast once in a year.

3) Flood protection authorities may, based on aflood protection inspection, appeal to the owners ofland, structures and facilities located in flood plainareas to remove objects and facilities which couldcause exacerbation of the flow regime or make anobstruction in the river channel downstream. Shouldthe above owners fail to obey such an appeal withinthe specified deadline, this obligation shall beimposed on them by a decision.

Section 73Flood Forecasting and Warning Service

1) The flood forecasting service shall provideinformation to the flood protection authorities orother participants involved in the flood protectionabout possible occurrence of flood and furtherdangerous development, about hydrometeorological

conditions indicating the occurrence and evolution offloods, especially about precipitation, and waterlevels and flows at selected river sites. This serviceshall be provided by the Czech HydrometeorologicalInstitute in co-operation with the administrator of thewatercourse.

2) The flood warning service shall ensureinformation for the flood protection authorities forthe purposes of warning the population at localitieswhere flood is expected to occur and at localitieslocated downstream, it shall provide information tothe flood protection authorities and participantsinvolved in the flood protection about the floodsituation and shall submit reports and informationnecessary for evaluation of the flood danger and fororganisation of the flood protection measures. Theflood warning service is organised by the floodprotection authorities of municipalities and districtsand other participants involved in the floodprotection. In order to ensure the flood warningservice, the municipal flood protection authoritiesshall organise the relevant watching service.

3) The owners of water management structuresimpounding water shall give notice of a special flooddanger [Section 64 par. 2, letter c)] to the respectiveflood protection authorities and the Fire RescueCorps of the Czech Republic and if danger isinvolved in delay, they shall warn directly naturalpersons and legal entities immediately exposed to thedanger.

4) Persons ensuring telecommunicationservices are obliged to ensure prioritycommunication of information by forecasting andwarning services.

Section 74Flood Rescue Activities

1) Flood rescue activities involve technical andorganisational measures carried out during the floodin areas in immediate danger or already floodedaimed at rescuing lives and property, in particular,the protection and evacuation of population fromsuch territories, caring for them for the necessaryperiod of time, rescuing property and its re-locationoutside the endangered territory.

2) The flood protection authorities ensurerescue activities in cases when human lives, publiclife or economic interests, such as transport, supply,communications, and health care are at risk.

Section 75Flood Security Activities

1) Flood security activities shall involve

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particularly technical measures carried out in case offlood danger and during flood with the purpose ofmitigating the evolution of flood and its harmfulimpacts.

2) Flood security activities shall involveparticularly:a) removal of obstructions that impede continuous

flow of water in watercourses and at sites wherestructures (culverts, bridges) are located,

b) breaking up of ice masses and jams inwatercourses,

c) protection of channels and banks againstdamage by flood water flow and restoration ofdamaged banks,

d) measures for protection of protective dykesagainst being overflowed or broken,

e) measures for protection of impounding damsand water management structures against beingoverflowed or broken,

f) emergency restoration of broken dykes,g) construction of flood protection structures,h) measures against backwater impacts, especially

into sewerage systems,i) measures limiting water pollution.j) measures ensuring stabilisation against

landslides.3) Flood security activities shall be carried out

by the administrators of watercourses and the ownersof pertinent structures and, where relevant, otherpersons in accordance with the flood protection plansor based on the instructions of the flood protectionauthorities. Flood security activities which can affectthe flow regime or flood evolution must be co-ordinated for the whole watercourse or river basin inco-operation with pertinent river basin administrator.Flood security activities which can endanger safetyof water management structures falling into categoryI or II shall be consulted with a person authorised tocarry out the technical safety supervision (Section61, par. 9), unless danger could be involved in adelay.

Section 76Flood Documentation and Assessment

1) The purpose of the documentation is toproduce an objective and documented record of theflood evolution, measures implemented for theprotection against the flood, factors causing andaffecting the flood damages and other circumstancesassociated with the flood. The documentationincludes particularly records in a flood book,permanent recording of water stages andapproximate values of velocities and flows,permanent recording of information on the operation

of water management structures affecting evolutionof the flood, marks showing the highest water levels,surveys and maps of the flooded areas, monitoringwater quality and possible sources of pollution,photographs and film records targeted field worksand explorations.

2) Municipal and district flood protectionauthorities and participants involved obligatorily inthe flood protection pursuant to law, shall prepare areport on the flood in those cases when floodprotection activities were declared, flood was acausing factor of a damage or flood protection andrescue activities were organised. The floodprotection authorities shall carry out a floodassessment that shall include an analysis of thecausal factors and the flood evolution, descriptionand evaluation of the effectiveness of theimplemented measures, description of the factualextent and expert estimate of the magnitude of flooddamages, and a proposal for measures to be taken foreliminating the flood consequences. The report shallbe compiled within one month after the end of theflood, and, if more extensive documentation study isnecessary to be carried out, supplementaryassessment shall be conducted within 6 months afterthe end of the flood.

3) Records holding information on the assessedfloods shall be kept by river basin administrators,while relevant hydrological information is archivedby the Czech Hydrometeorological Institute.

4) The report on the flood shall be submitted toa higher-level flood protection authority for its use.

Part 3Flood Protection Authorities

Section 77

1) The governance of the flood protectionactivities is ensured by the flood protectionauthorities. The governance of the flood protectionactivities includes the preparation for floods,management, organisation and supervision of allrespective activities during the flood and during theperiod immediately following the flood, includingthe management, organisation and supervision of theactivities of other participants of the protectionagainst flood. In their activity, the flood protectionauthorities follow the flood protection plans.

2) In the periods between floods, the floodprotection authorities are as follows:a) municipal authorities,b) district authorities,c) regional authorities in delegated jurisdiction,d) the Ministry of the Environment; the Ministry

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of the Interior is responsible for ensuring thepreparation of rescue activities.34

3) During floods, the flood protectionauthorities are as follows:a) municipal flood protection commissions, and in

Prague capital, flood protection commissions ofthe parts of the city,

b) district flood protection commissions, and in thePrague capital, city part flood protectioncommissions stipulated in the Statute of thePrague Capital,

c) flood protection commissions of river basins,d) the Central Flood Protection Commission.

4) During a flood, the flood protectionauthorities may adopt measures and issue orders toensure the management of protection against flood,in justified cases in excess of the valid floodprotection plans. In such case they must immediatelynotify the respective entities. Such orders do notconstitute a decision pursuant to the Rules ofAdministration.

5) The flood protection authorities or otherpersons instructed by them are entitled to enter thirdpersons land and buildings within the necessaryscope during a flood for the purpose of executingrescue and security activities.

6) State administration bodies and other bodiesmust assist the flood protection authorities, ifrequested, in ensuring the protection against floods.

7) A flood protection authority at a lower levelmay request that the management of protectionagainst flood be delegated if it is not in the positionto ensure such protection by its own means.

8) A higher level flood protection authoritywhich takes over the management of protectionagainst flood is obliged to notify the respectivelower-level flood protection authority about the dateand time of the take over, the scope of co-operationand the termination of the management of theprotection against flood and to record such facts inthe flood book. The lower-level flood protectionauthority will remain active; it will performmeasures pursuant to its flood protection plan withinits territorial jurisdiction, in co-ordination with thehigher-level flood protection authority or accordingto its instructions.

9) If an emergency situation is declaredpursuant to a special act,34 the management ofprotection against flood is taken over by the bodywith the respective jurisdiction according to this Act.

Section 78Municipal Flood Protection Authorities

1) To ensure the flood protection measures, the

municipal council may establish a flood protectioncommission, if there is flood danger within itsterritorial district; otherwise this activity is carriedout by the municipal council. The municipalityMayor becomes the chairman of the flood protectioncommission. He/she will appoint the remaining floodprotection commission members from municipalrepresentatives and legal and natural persons able tocarry out measures or assist in protection againstflood.

2) The municipal flood protection authoritiesare subordinate to the district flood protectionauthority.

3) Within the scope of ensuring the floodprotection measures, the municipal flood protectionauthorities shall within their territorial jurisdictiona) perform authorisation of conformity between

factual and graphical parts of the floodprotection plans of the owners (users) of landplots and buildings, if these are located in floodplain areas or could exacerbate flood evolution(Section 71 par. 4), and the flood protection planof the municipality,

b) produce the flood protection plan of themunicipality and submit it to the river basinadministrator for an expert view, and in case ofsmall watercourses, to the administrator of thewatercourse,

c) carry out flood protection inspections,d) provide staff and material for carrying out

rescue activities and for ensuring substitutefunctions in the territory,

e) examine the levels of the preparation of theflood protection participants pursuant to theflood protection plans,

f) organise and ensure activities of the floodwarning and watching service, and ensurewarning to legal and natural persons in themunicipality territorial district by using aunified warning system,

g) provide information to the authorities inneighbouring municipalities and to the districtflood protection authority on the flood dangerand the flood evolution,

h) declare and terminate degrees of floodprotection activities in areas under theirterritorial responsibility,

i) organise, govern, co-ordinate and impose theimplementation of flood protection measurespursuant to the flood protection plans, and, ifneeded, ask other authorities and legal andnatural persons for staff and material assistance,

j) organise evacuation and home-coming,temporary accommodation and meals forevacuated persons, and further rescue activities,

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k) ensure necessary hygiene and health care duringthe flood, organise substitute supplies,transportation and other functions which havebeen affected by the flood,

l) carry out after-flood inspections, determine theextent and level of the flood damages, assesseffectiveness of the implemented measures andsubmit a report on the flood to the district floodprotection authority,

m) keep records in the flood book.

Section 79District Flood Protection Authorities

1) The Chief of the district authority shallestablish the district flood protection commissionand becomes its chairman. He/she will appoint theremaining flood protection commission membersfrom among the district authority employees andrepresentatives of bodies and legal persons able tocarry out measures or assist in protection againstflood. The district flood protection authority issubordinate to the river basin flood protectionauthority.

2) Within the scope of ensuring the floodprotection measures, the district flood protectionauthorities shall within their territorial jurisdictiona) perform authorisation of conformity between

the factual and graphical parts of submittedflood protection plans of municipalities with theflood protection plan of the district,

b) prepare the district flood protection plan andsubmit it to the river basin administrators fortheir professional view,

c) organise implementation of flood protectioninspections,

d) examine the levels of the preparation of theflood protection participants pursuant to theflood protection plans,

e) organise professional instruction and trainingfor the staff of the municipal flood protectionauthorities and flood protection participants,

f) if needed, impose upon the owners of watermanagement structures the obligation to modifytheir rules of operation with respect to the floodprotection purposes,

g) organise and govern the flood warning serviceon the territory of the district, provideinformation on the flood danger and floodevolution to the flood protection authorities ofneighbouring districts, to the pertinent riverbasin administrators, to the CzechHydrometeorological Institute and to the FireRescue Corps of the Czech Republic,

h) organise, govern, co-ordinate and impose the

implementation of flood protection measurespursuant to the flood protection plans, governand co-ordinate measures carried out by theflood protection authorities of municipalities,and, if needed, ask other authorities and legaland natural persons for staff and materialassistance,

i) declare and terminate degrees of floodprotection activities in areas within theirterritorial jurisdiction,

j) use services of the operational centre of the FireRescue Corps of the Czech Republic forgoverning rescue activities, their co-ordinationwith the components of the integrated rescuesystem and for communication with thelocalities where rescue activities are carried out,

k) if necessary, unless the river basin floodprotection commission has been convened,being subject to prior consultancy with the riverbasin authorities, they direct special operation ofwater management structures, which is beyondthe scope of approved rules of operation butwhose territorial effect does not exceed theterritory of the district,

l) if danger is involved in delay, ask the ArmedForces of the Czech Republic for assistance inexcess of the means stipulated in the floodprotection plans,

m) during the flood, co-operate with the floodprotection authorities of municipalities inproviding hygiene and health care, organisesubstitute supplies, transportation and otherfunctions which have been affected by the flood,

n) collect reports on the extent and levels of theflood damages, assess effectiveness of theimplemented measures and compile a summaryreport on the flood assessment,

o) keep records in the flood book,

Section 80River Basin Flood Protection Authorities

1) The Ministry of the Environment, inagreement with the Ministry of the Interior shalldetermine river basins. The Sheriff of the region inthe territory of which the river basin or its substantialpart is situated, shall become the chairman of theriver basin flood protection commission. In case ofdoubt the Ministry of the Environment willdetermine the respective region. The chairman of thecommission shall appoint the remaining members ofthe flood protection commission from the staff of theriver basin administration, staff of regionalauthorities in the river basin and representatives ofbodies and legal entities able to carry out measures

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or assist in protection against flood. The river basinflood protection authority is subordinate to thecentral flood protection authority.

2) Within the scope of ensuring their dutiesduring floods, the river basin flood protectionauthorities shall, within their territorial jurisdictiona) perform authorisation of conformity between

the factual and graphical parts of submitteddistrict flood protection plans with the floodprotection plan for the entire river basin,

b) prepare the river basin flood protection plan andsubmit it to the central flood protectionauthority,

c) examine the levels of the preparation of theflood protection participants pursuant to theflood protection plans,

d) if needed, impose upon the owners of watermanagement structures the obligation to modifytheir rules of operation with respect to the floodprotection purposes,

e) organise professional instruction and trainingfor the staff of the district flood protectionauthorities and flood protection participants,

f) participate in the activities of the flood warningservice in the river basin, provide informationon the flood danger and flood evolution to theflood protection authorities of the districts, tothe Czech Hydrometeorological Institute and tothe Ministry of the Environment,

g) organise, govern and co-ordinate theimplementation of flood protection measurespursuant to the flood protection plans, governand co-ordinate measures carried out by thedistrict flood protection authorities,

h) declare and terminate degrees of floodprotection activities in the area of theirterritorial jurisdiction,

i) control regulation of the flow regime in the riverbasins by operating water managementstructures pursuant to the rules of operation;being subject to prior consultancy with thepertinent district flood protection authorities (incases of danger involved in delay, onlynotification is required), they direct specialoperation of water management structures,which is beyond the scope of the approved rulesof operation but whose territorial effect does notexceed the river basin,

j) assess the effectiveness with respect to flowregime of the flood security activities onwatercourses and water management structuresand co-ordinate these activities,

k) compile a summary report on the floodassessment including the analysis of its extentand levels of the flood damages and the

effectiveness of the implemented measures,l) keep records in the flood book,m) use services of the operational and information

centre of the Fire Rescue Corps of the CzechRepublic for governing rescue activities, theirco-ordination with the components of theintegrated rescue system and for communicationwith the localities where rescue activities arecarried out.

Section 81Central Flood Protection Authority

1) Within the scope of ensuring the floodprotection measures, the Ministry of theEnvironment, as a central flood protection authority,shalla) govern the flood protection activities and

execute supervision thereof, except forgoverning flood rescue activities which arewithin the jurisdiction of the Ministry of theInterior,

b) undertake methodological supervision ofpreparation of flood protection measures,particularly the preparation, submission andapproval of flood protection plans, andorganisation of the flood forecasting andwarning service,

c) following consultation with the pertinent bodiesof the state administration, prepare the FloodProtection Plan of the Czech Republic andsubmit it to the Central Flood ProtectionCommission for approval,

d) authorise conformity of the river basin floodprotection plans with the Flood Protection Planof the Czech Republic,

e) participate in the activities of the flood warningservice, prepare technical documents allowingthe Central Flood Protection Commission toundertake responsibility for governing floodprotection measures, and provide information tothe news media,

f) ensure implementation of major research anddocumentation projects (aerial surveys,mapping, etc.),

g) participate in professional training of the staff ofthe flood protection authorities.

2) The Government shall establish a CentralFlood Protection Commission of the Czech Republicand approve its Statutes. The Minister of theEnvironment acts as the Commission’s Chairman,the Minister of the Interior as its Vice-Chairman.

3) The Central Flood Protection Commissionshall manage, check, co-ordinate, and if needed,impose duties in the entire scope of flood protection

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during floods endangering vast areas, if the riverbasin flood protection commissions are not able totake the required measures using their own means.Within the scope of ensuring the flood protectionmeasures, the Central Flood Protection Commissionshall:a) provide information on the evolution and

consequences of the flood to the Government,b) subject to prior consultancy with the pertinent

river basin flood protection authorities, directspecial operation of water managementstructures, which is beyond the scope ofapproved rules of operation and whoseterritorial effect may exceed the area of a riverbasin,

c) co-ordinate and control the activities of theflood protection commissions of river basinsand the flood protection commissions ofdistricts

d) keep records in the flood book.

Part 4Other Participants Involved Flood Protection

Section 82River Basin Administrators

Within the scope of ensuring the flood protectionmeasures, and in addition to the tasks of theadministrators of the watercourses, the river basinadministrators shalla) prepare professional views on the flood

protection plans of the districts,b) prepare flood protection plans for river basins,c) co-operate with the flood protection authorities

of the districts and of river basins in carryingout flood protection inspections,

d) prepare proposals to the flood protectionauthorities to impose necessary measures inflood plain areas or other measures for floodprotection,

e) participate in the activities of the flood warningservice, particularly in monitoring and assessinghydrological conditions in the river basin andprovide information to the flood protectionauthorities, co-operate with the CzechHydrometeorological Institute in providing theflood forecasting service,

f) co-operate with the owners of watermanagement structures in giving notice of thespecial flood danger,

g) make suggestions to the flood protectionauthorities that a degree of the flood protectionactivities be declared or terminated,

h) provide professional, technical andorganisational assistance to the flood protection

commissions of river basins,i) ensure documentation concerning the flood

evolution in the river basin,j) following the flood, collect reports from the

district flood protection authorities and theadministrators of watercourses, prepare asummary report covering the river basin andsubmit it to the river basin flood protectionauthority and to the Ministry of theEnvironment,

k) co-operate with the district and river basin floodprotection authorities in instructing and trainingthe staff,

l) prepare proposals for organisational andtechnical improvements in flood protection andensure their implementation by the floodprotection authorities.

Section 83Administrators of Watercourses

Within the scope of ensuring the flood protectionmeasures, the administrators of watercourses shalla) provide professional views on the flood

protection plans of the municipalities,b) carry out flood protection inspections of

watercourses in co-operation with the floodprotection authorities of the districts,

c) prepare proposals for the pertinent authorities toimpose the obligation of carrying out necessaryflood protection measures on the owners ofwater management structures or other structuresand land plots located on watercourses and inflood plain areas,

d) provide staff and material for carrying out themost necessary flood protection activities onwatercourses,

e) during periods of flood danger, ensureaccessibility of their staff and availability ofmaterial means, and examine their preparednesspursuant to the flood protection plans,

f) on watercourses, monitor all factors whichcould contribute to the occurrence or evolutionof a flood, particularly evolution and extent offreezing, formation of dangerous ice jams andblockages, snow melting and movement of icemasses, water stages and flows, and possibleaccumulation of floating objects,

g) participate in the activities of the flood warningservice, provide information on the flood dangerand flood evolution to the district floodprotection authorities, pertinent river basinadministrators, the relevant department of theCzech Hydrometeorological Institute and theFire Rescue Corps of the Czech Republic,

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h) provide professional assistance to the floodprotection commissions of municipalities anddistricts,

i) make proposals to the flood protectionauthorities to declare and terminate degrees ofthe flood protection activities,

j) carry out flood security activities onwatercourses and other measures pursuant to theflood protection plans,

k) ensure documentation concerning evolution offloods in watercourses,

l) following floods, carry out inspections ofwatercourses, determine the extent and levels ofthe flood damages, assess the effectiveness ofthe implemented measures and prepare a reporton the flood and submit it to the flood protectionauthority of the district, to the pertinent riverbasin administrator and to relevant departmentof the Czech Hydrometeorological Institute,

m) eliminate flood damages to watercourses, andparticularly ensure protection of criticallocalities against possible further floods andrestoration of the flow regime in watercourses.

Section 84Owners of Water Management Structures

1) Within the scope of ensuring the floodprotection measures, the owners of those watermanagement structures which can affect evolution ofnatural flood shalla) in co-operation with the district and river basin

flood protection authorities, carry out floodprotection inspections of the water managementstructures, particularly examine the state ofindividual structures and their conditions interms of the flood protection, and eliminate anydefects detected,

b) provide staff and material means for carryingout flood security activities at watermanagement structures,

c) during periods of flood danger, ensureaccessibility of their staff members andavailability of material means and examine thestate of preparedness thereof,

d) on the water management structures, monitor allfactors affecting safety of flood routing,particularly function of outflow structures,evolution and extent of freezing, formation ofdangerous ice jams and blockages, snowmelting and movement of ice, water stages orpossible accumulation of floating objects,

e) participate in the activities of the flood warningservice, provide information on the flood dangerand flood evolution to the district flood

protection authority, the administrator of thewatercourse, pertinent river basin administrator,relevant department of the CzechHydrometeorological Institute and the FireRescue Corps of the Czech Republic,

f) operate the water management structures withinthe limits allowed by the approved rules ofoperation with the aim to decrease the danger ofthe flood damage, following also instructions ofthe water management operational centre of thepertinent river basin administrator,

g) apply to the district flood protection authority orthe river basin flood protection authority(subject to territorial impact of the operation)for approval to operate the water managementstructures in a way which is beyond the limitsallowed by the approved rules of operation,

h) carry out flood security activities at watermanagement structures,

i) ensure documentation concerning the floodevolution at water management structures,

j) following floods, carry out an inspection ofwater management structures, determine theextent and levels of the flood damages, assessthe effectiveness of implemented measures andfurnish the flood protection authority of thedistrict, the administrator of the watercourse andthe pertinent river basin administrator withbackground documents for preparation of thereport on the flood,

k) eliminate the flood damages to the watermanagement structures, and particularlyimplement protective measures for potentialoccurrence of further floods at these structures.

2) The owners of water management structureswhich fall into categories I to III (Section 61) whohave been charged with the duty to ensure carryingout technical and safety supervision, shall furthera) provide information on the parameters of a

possible special flood (in particular the floodwave characteristics and extent of endangeredterritory) and on carrying out technical andsafety supervision (program) during floodprotection activities or in a state of emergency,to the respective flood protection authorities,emergency management authorities34 and theintegrated rescue system authorities35,

b) notify immediately pertinent flood protectionauthorities and administrators of watercoursesand the Fire Rescue Corps of the CzechRepublic of facts requiring declaration of thestate of danger or the state of emergency due tospecial flood danger, and, if possible, predict

35 Act No. 239/2000 Coll. on the Integrated RescueSystem and Change to Some Acts

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further evolution,c) warn the flood protection authorities in areas

located downstream pursuant to the floodprotection plans of territorial units, the FireRescue Corps of the Czech Republic, and ifthere is a danger of delay, the entities exposed todirect danger, in cases of a danger to the safetyof water management structures, developmentleading to a breakdown of their function andpossible occurrence of a special flood.

3) For water management structures underconstruction, the above duties of the owner of thewater management structure (paragraphs 1 and 2)shall be performed by the builder.

Section 85

Owners of Land and Buildings Situated in theFlood Plain Area or Exacerbating Flood

Evolution

1) Owners of land plots and buildings situatedin the flood plain area or which could exacerbateflood evolution shall ensure that the runoff regimeand flood evolution are not exacerbated, they shalla) produce flood protection plans,b) in co-operation with the flood protection

authorities, carry out flood protectioninspections, particularly examine the state ofstructures within the flood plain area in terms oftheir impact on the runoff regime during floodand possible washing away of buildings, theirparts and movable assets,

c) if requested by the flood protection authority,remove their objects and facilities which maycause exacerbation of the runoff regime or blockthe watercourse channel downstream,

d) provide staff and material means to safeguardtheir objects and facilities which may cause theexacerbation of the runoff regime or block thewatercourse channel downstream,

e) during periods of flood danger, ensureaccessibility of their staff members andavailability of material means and examine thestate of preparedness thereof,

f) on their land and buildings, monitor all factorsaffecting safety of flood routing, particularly theaccumulation of floating objects and blocking ofthe outflow profile,

g) participate in the activities of the flood warningservice, provide information on the flood dangerand flood evolution to the flood protectionauthority, the watercourse administrator and theFire Rescue Corps of the Czech Republic,

h) ensure the safety of persons and property,

including the premature harvest of crops,i) ensure the protection of vessels and facilities

used for shipping; in doing this they follow theinstructions of the bodies of State ShippingAuthority,

j) carry out flood security activities, in particularon culverts and bridges and road and railroadearthworks, to ensure that the flow capacity isnot endangered,

k) following floods, carry out an inspection of landand buildings, determine the extent and level ofthe flood damages and furnish the floodprotection authority with background documentsfor preparation of the report on the flood,

l) eliminate flood damage and particularlyimplement protective measures at criticallocations for potential occurrence of furtherfloods.

2) For buildings under construction, the aboveduties of the owner shall be performed by thebuilder.

3) Owners of a movable asset situated inwatercourses or flood plain areas are obliged to takecare for its location and use in a manner that will nothinder high water flow or, if pertinent, prevent itagainst being washed away.

Part 5Costs of Flood Protection Measures

Section 86

1) The state shall bear the costs of floodprotection measures stipulated in the programs ofmeasures based on the plans of the main river basinsof the Czech Republic. Should technical facilities bepart of such measures, the state will also pay for theiroperation.

2) The regions shall bear the costs of floodprotection measures stipulated in the programs ofmeasures based on the river basin district plans. Forthis purpose, the regions shall create a reasonablereserve within their budget serving to cover otherflood protection measures within the region of riverbasins. The state may contribute to such measures.

3) Individual municipalities may take measuresaimed at direct protection of property in theirterritory. The State and the regions may contribute tosuch measures. The municipalities may request fromthe owners of property protected by such measures acontribution for the cost of their implementation.

4) Legal entities and natural persons shall bearthe costs incurred by them in connection with theirown measures adopted for their property protectionagainst floods.

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5) Costs of flood security activities onwatercourses shall be borne by the watercourseadministrators. The owners of water managementstructures shall bear the costs of flood securityactivities on such structures.

6) The cost of flood rescue activities, except forcosts pursuant to paragraph 4, shall be borne by themunicipalities, district authorities, regions and thestate in accordance with their jurisdiction within theflood protection system pursuant to a special legalregulation.36

Section 87

Property damage arising as a result of activities ormeasures imposed during flood by:a) the municipal flood protection commission,

shall be borne by the municipality,b) the district flood protection commission, shall

be borne by the district authority,c) the river basin flood protection commissions,

shall be borne by the regions,d) the Central Flood Protection Commission, shall

be borne by the Ministry of the Environment.

CHAPTER X

FEES AND CHARGES

Part 1Fees and Charges

Section 88Charges for the Withdrawal of Groundwater

1) The authorised person withdrawinggroundwater is obliged to pay charges for the actualquantity of groundwater withdrawn under theconditions stipulated by this Act according to thepurpose of the water withdrawal.

2) This charge is paid in the form of a fee. Feerates in CZK/m3 are given in Attachment No. 2 tothis Act.

3) The expected annual fee shall be calculatedas a multiple of the fee rate and the authorisedwithdrawal of groundwater per calendar year in m3

reduced by the amount of groundwater exempt fromthe fee. Should the authorised person withdrawgroundwater from a water resource in severallocations, the withdrawn water quantity shall beadded up for the purposes of the fee calculation. 36 Act No. 218/2000 Coll., on Budgeting Rules andChange to Some Related Acts (The Budgeting Rules), aslater amended.

4) If the annual fee does not exceed CZK300,000, quarterly advances totalling one quarter ofthe expected annual fee shall be due always on the25th day of the month following the respectivecalendar quarter. If the annual fee exceeds CZK300,000, monthly advances totalling one twelfth ofthe expected annual fee shall be due always on the25th day of the month following the respectivecalendar month. Should the obliged person cease tobe a legal entity without legal successor during thecalendar year, it is obliged to pay the proportionalamount of the expected annual fee by the latest as ofits expiration date, advance payments made inrespect of the same calendar year shall be creditedagainst this amount.

5) Actual withdrawal of groundwater from oneresource not exceeding 6,000 m3 per calendar year ornot exceeding 500 m3 monthly in the respectivecalendar year and withdrawals permitted pursuant toSection 8 par. 1, letters d) and e) are exempt from thefee payment.

6) The authorised person withdrawinggroundwater must submit to the financial authority astatement of charges in respect of the previouscalendar year by the latest on the 15th February. Thisstatement must include the information on the actualquantity of water withdrawn by the authorisedperson and the amount of advances paid. Should theadvance payments be lower than the actual fee (feeunit multiplied by the actual quantity of groundwaterwithdrawn), the authorised person shall pay thedifference by February 15th. Should the actual fee belower than the total of the advance payments made,the respective financial authority shall return theoverpayment to the authorised person within 30 daysof the date of the receipt of the statement of charges.

7) Financial offices with the respectiveterritorial jurisdiction over seats of personsauthorised for water use shall collect and claim therespective fees based on information issued by thewater authority; in doing so, they will comply withthe act on the administration of taxes and fees,37

unless this Act stipulates otherwise.8) 50% of the fee for actual withdrawal of

groundwater constitutes state budget revenue and50% the revenue of the State Environmental Fund.

Section 89Fees for the Discharge of Waste Water into

Surface Water1) Legal entity or natural person discharging

waste water into surface water (hereinafter “thepolluter”) is under the conditions stipulated in this 37 Act No. 337/1992 Coll. on the Administration of Taxesand Fees, as later amended.

37

Act obliged to pay a fee for pollution of thedischarged waste water and a fee for volume of thedischarged waste water (hereinafter “the fees”). Feesare payable for individual sources of pollution.

2) The obligation to pay fees pursuant toparagraph 1 does not include the discharge ofa) mineral water certified pursuant to a special act2

as a natural curative resource, unless used in spatreatment,

b) natural mineral water unless used in theproduction of packed mineral water,

c) water from remedial wells,d) waste water from water cooling systems of

steam turbines.

Section 90Fee for the Pollution of Discharged Waste Water

1) The polluter must pay a fee for the pollutionof discharged waste water if the waste waterdischarged by him/her exceeds both the quantity andconcentration limit for paying the fee of therespective pollution indicator. Pollution indicators,quantity and concentration limits as well as the feerates classified by individual pollution indicators arestipulated in Attachment No. 2 to this Act.

2) The polluter must pay the fee for the volumeof the waste water discharged into surface water ifthe volume of waste water discharged by him/herexceeds 30,000 m3 in one calendar year. TheMinistry of the Environment may allow an exceptionfrom this obligation, provided the obligation to paythe pollution-related fee under paragraph 1 did notarise to the polluter in the same calendar year.

3) The fee for the volume of the dischargedwaste water shall be calculated as a multiple of thedischarged waste water volume and the rate of CZK0.1 per 1 m3.

4) The fee for the pollution of the dischargedwaste water equals to the sum of partial feescalculated for individual pollution indicators as amultiple of the fee rate and the total pollution in thecalendar year. The total pollution shall be calculatedas a multiple of the average annual concentration ofthe respective pollution indicator and the annualvolume of waste water discharged.

5) The fee rate for the “organic substancescharacterised by the chemical oxygen demand” shallbe applied depending on the respective waste watertype.

6) The polluter may, for the purpose of the feecalculation, subtract the pollution in waterwithdrawn by him, from the total pollution in thedischarged waste water. The subtracted pollution ofthe withdrawn water must be substantiated by data

on pollution concentration in the withdrawn waterfor individual pollution indicators and the data on thewithdrawn water quantity in the year for which thefee is calculated.

Section 91Monitoring, Measuring and Keeping Records of

Waste Water Pollution

1) For the purpose of calculating the fee, thepolluter who is subject to the obligation to pay feesunder this Act, is obliged to monitor theconcentration of the pollution in the dischargedwaste water for respective indicators and for eachsource and outlet, measure the volume of thedischarged waste water and keep operational recordsof such monitoring and measurements for individualpollution indicators. The polluter is responsible forthe correctness of the identification of pollutionsources of the discharged waste water, thedetermination of pollution concentration byindividual pollution indicators, the measuring of thevolume of the discharged waste water and of keepingoperational records. He/she is obliged to archive alldata supporting the operational records for a periodof five years.

2) If the polluter discharges waste water in onelocality using several outlets, waste water dischargedfrom all outlets shall be included in the calculation ofthe pollution and the volume of the discharged wastewater for the purpose of the fee calculation. Moreoutlets in one locality means, for example, individualoutlets from a public sewerage system of amunicipality or individual outlets from an industrialfacility. For the purpose of the fee calculation,different rates shall apply to purified and non-purified waste water. Purified waste water is waterpurified, e.g. in a mechanical-biological ormechanical-chemical waste water treatment plant. Incase of doubt whether waste water is purified or not,the water authority with the respective territorialjurisdiction over the discharge location, shall decidethe issue.

3) In a decree, the Ministry of the Environmentshall stipulate the details for identification ofpollution sources, the procedure for thedetermination of waste water pollution, the methodsof measuring pollution indicators, calculation of theaverage pollution concentration and the annualvolume of the discharged waste water, subtraction ofthe quantity of the pollution pursuant to Section 90,paragraph 6, practices for measuring the volume ofdischarged waste water and the details of theoperational records.

38

Section 92Waste Water Pollution Analyses and Control

1) The analyses determining the concentrationof polluting substances in waste water for thepurposes of this Act may be carried out only byprofessionally capable entities authorised for doingbusiness (hereinafter “the authorised laboratory”).The analyses performed for the purpose of inspectingthe correctness of waste water pollution monitoringmay only be carried out by authorised laboratoriesselected by the Ministry of the Environment(hereinafter “the inspection laboratory”)

2) An inspection of the correctness ofmonitoring and measuring the volume of thedischarged waste water may only be carried out byprofessionally capable entities authorised for doingbusiness and selected by the Ministry of theEnvironment (hereinafter “the measuring group”). Ina decree, the Ministry of the Environment shallstipulate the method of monitoring waste waterpollution, measuring the volume of the dischargedwaste water, requirements for professional capacityof authorised laboratories, inspection laboratoriesand measuring groups to perform analysesdetermining the concentration of pollutingsubstances in waste water and to inspect thecorrectness of measuring the volume of dischargedwaste water for the purposes of this Act. In itsBulletin, the Ministry of the Environment shallregularly publish the list of authorised laboratories,inspection laboratories and measuring groups.

3) The polluter must allow access to facilitiessubject to an inspection to the authorised staff ofinspection laboratories and measuring groups andfurnish them with documentation necessary for theperformance of the inspection as well as ensureconditions for taking samples from all outlets of thepollution source under inspection.

4) The costs associated with carrying out theanalyses and inspection of waste water pollution forthe purpose of the execution of the stateadministration shall be borne by the StateEnvironmental Fund of the Czech Republic based ona proposal by the water authority with territorialjurisdiction over the location of the pollution source.

Section 93Advance Payments

1) For the determination of the advancepayments payable in respect of fees due in thefollowing calendar year, the polluter is obliged toprepare a fee report involving facts decisive for theadvance payment calculation, particularly the data

regarding the quantity and concentration of pollutionindicators and the volume of the discharged wastewater by individual pollution sources and theiroutlets including the data for the subtraction ofpollution in withdrawn water (Section 90, par. 6) andthe information regarding postponements granted forthe purpose of the fee calculation. In his fee report,the polluter shall calculate the fee advances andsubmit the report to the water authority at the latestby the 15 October of the current year. In a decree,the Ministry of the Environment shall issue a pilotfee report. The water authority shall send the feereport to the Czech Environmental Inspection.

2) Based on the fee report and verification ofinformation decisive for the calculation of the feeadvance, the water authority shall stipulate theadvance payment in an assessment, which will bedelivered to the polluter, the respective financialauthority, the State Environmental Fund of the CzechRepublic and the Czech Environmental Inspection by15th December of the current year. In the assessment,the water authority will stipulate equal quarterlyadvances, if their total amount equals or is less thanCZK 1,000,000 or equal monthly advances, if theirtotal amount exceeds CZK 1,000,000.

3) The polluter must pay monthly advances bythe latest by 25th day of the calendar month in respectof which the advance payment is due. The pollutermust pay quarterly advances by the latest on the 25thday of the last month of the calendar quarter inrespect of which the advance is due.

4) If during the year in which the advancepayments are to be paid, the water authority revealsthat actual facts decisive for the calculation of feeadvances differ from the information in the fee reportby more than 30% or that the polluter failed toinclude in his fee report the pollution values of allpollution indicators exceeding the limit valuesstipulated in Appendix No. 2 to this Act, it will issuea new fee assessment within 30 days of the day onwhich the above facts were ascertained. In this newassessment it will stipulate new advance paymentsfor the remaining part of the year pursuant toparagraph 2; the advance payments due before thisdate remain unchanged.

5) If the polluter reveals that actual factsdecisive for the calculation of fee advances differfrom the information in the fee report by more than30%, he/she is obliged to file a new fee report on thebasis of which the water authority will issue a newassessment stipulating fee advances, within 30 daysof the receipt of the new fee report. Paragraphs 2 and4 apply correspondingly to the remaining actions.

6) Obligations under paragraph 4 and 5 do notapply to one-off single deviations.

39

Section 94Statement of Fees

1) The polluter must submit to the financialauthority the statement of fees in respect of theprevious calendar year by 15th February. In thisstatement, the polluter shall specify the actualinformation regarding the number of pollutionindicators subject to a fee, their concentration in thedischarged waste water and the volume ofdischarged waste water for individual sources ofpollution and their outlets, including the informationrequired for a subtraction in respect of withdrawnwater, if pertinent (Section 90, par. 6), theinformation on any postponements granted and thesum of advance payments made. In a decree, theMinistry of the Environment shall issue a templatestatement of fees.

2) Based on the statement of fees andverification of information decisive for the feecalculation, the water authority shall assess the feefor the previous calendar year in a fee assessment,which will be delivered to the polluter, the respectivefinancial office and the State Environmental Fund ofthe Czech Republic by 30th April of the current year.If the advance payments are lower than the actualfee, the polluter must pay the difference to theaccount of the respective financial office within 15days of the day of receipt of the assessment of fees.If the advance payments made are higher than theassessed fee, the respective financial office willreturn the overpayment to the polluter without anapplication within 30 days of the day when the waterauthority’s notification that the assessment of fees islegally effective and executable was delivered to therespective financial office. Underpayments oroverpayments not exceeding CZK 500 aretransferred to the following fiscal period.

Section 95

The assessment of fee advances and the feeassessment are issued for individual pollutionsources and constitute basis for fee collection andclaiming.

Section 96Postponement of the Fee Payment

1) A polluter who has a building permit andevidently started the construction of a waste watertreatment plant (hereinafter “the structure”) oranother facility of a capital investment nature aimedat the reduction of pollution of discharged wastewater (hereinafter “another facility”) and who has a

permit issued by water authority under Section 38par. 9 to discharge, during the construction, wastewater with allowable waste water pollution indicatorvalues in excess of values stipulated by a speciallegal regulation38, however, after the construction,with the values not exceeding the level stipulated bya special legal regulation39, or who, based on acontract, has associated funds for this purpose, mayapply with the water authority for a permission topostpone the payment of up to 80% of the feepayable for the pollution source in respect of whichthe above work was started or funds have beenassociated (hereinafter “the postponement) by thelatest within one year of the starting date of theconstruction of the structure or another facility or theconclusion of a contract on the association of funds.The water authority will send the decision on thepostponement of the fee payment to the polluter, therespective financial office and the StateEnvironmental Fund of the Czech Republic.

2) The postponement may be permitted fromthe first day of the month following the real startingdate of the construction of the structure or anotherfacility substantiated by the record in the buildingbook or, in case of funds association, after thestructure or another facility starting date, by theearliest from the first day of the month following thedate of concluding the contract on the association offunds. The postponement will remain in effect untilthe last day of the month stipulated as the structurecompletion deadline in a legally effective permissionof the water authority. The water authority willpermit a postponement up to the level of costs of thestructure or another facility.

3) If the polluter or the person with whom thepolluter has concluded a contract on the associationof funds will complete the structure or anotherfacility before the deadline stipulated for theircompletion in a legally effective permission of thewater authority, he/she is obliged to notify the waterauthority of this fact in writing within one month ofthe date of completion. The postponement shallexpire on the last day of the month in which thewritten notification was delivered to the waterauthority.

4) If the polluter or the person with whom thepolluter has concluded a contract on the associationof funds has applied for an approval to start pilotoperation pursuant to a special legal regulation4 andhas obtained such approval or has obtained apermission for a temporary use of the structure or 38 Government order No. 82/1999 Coll. stipulating theindicators and values of allowable degree of waterpollution39 Act No. 102/1963 Coll. on Fishery, as later amended

40

another facility for pilot operation before theissuance of the building inspection certificate, thepostponement shall remain in force over the pilotoperation period, however, by the latest for 2 yearsof the date of the approval or permission.

5) Should the polluter or the person with whomthe polluter concluded a contract on the associationof funds not comply with the conditions of thepostponement, the polluter shall be obliged, based onthe decision of the water authority, to pay thepostponed part of the fee by the latest within oneyear of the date when such decision became legallyeffective, in regular monthly payments. An appealagainst such decision does not suspend therequirement to pay the fee.

6) The polluter may submit the application forthe postponement by the latest within one year of thestructure or another facility starting date or the dateof the contract on the association of funds.

7) The polluter is obliged to submitdocumentation necessary for granting the permissionand assessment of compliance with its conditions.

8) In a decree, the Ministry of the Environmentshall stipulate the essential parts of an application forgranting the postponement and the procedures to beadopted by the water authority for the evaluation ofapplications and for granting the permission.

Section 97Remission of a Part of the Fee

1) If the polluter or the person with whom thepolluter concluded a contract on the association offunds complies with the completion deadline of thestructure or another facility as stipulated in thepermission of the water authority and the dischargedwaste water pollution reaches the levels stipulated inthe water authority’s permission for waste waterdischarge but maximally the levels stipulated in aspecial legal regulation38, the water authority willexempt a part of the fee amounting to the feepostponed in the water authority’s decision pursuantto Section 96.

2) The water authority will decide on theremission of a part of the fee in cases pursuant toparagraph 1 based on a polluter’s application. Thedecision will be sent to the polluter, the respectivefinancial office and the State Environmental Fund ofthe Czech Republic.

Section 98

An appeal against the decision on the fees fordischarging waste water in surface water does not

suspend the requirement to pay the fee.40

Section 99Administration of Fees

1) The financial offices with the respectiveterritorial jurisdiction over the seat of individualpolluters execute the collection and claiming of feesdue in respect of the discharge of waste water intosurface water based on the documents issued by thewater authority; in doing this they follow the Act onthe Administration of Fees and Taxes37, unlessstipulated otherwise by this Act.

2) The polluter shall pay the fees, includingadvance payments, penalties37 and fines41 to theaccount of the respective financial office. Theyconstitute the revenue of the State EnvironmentalFund of the Czech Republic. The respective financialoffice shall transfer the revenue from the fees andaccessories, including advance payments, penaltiesand fines, to the account of the Czech StateEnvironmental Fund monthly.

Section 100Fee for Permitted Discharge of Waste Water into

Groundwater

1) The authorised person (Section 8) shall pay afee in respect of a permitted discharge of waste waterin groundwater.

2) If waste water from a family dwelling ispurified by a domestic treatment plant to the levelstipulated in the permission for the discharge ofwaste water, no fee applies to the discharge of suchwater into groundwater. In other cases, the permitteddischarge is subject to a fee of CZK 3,500 percalendar year.

3) The obligation to pay the fees pursuant toparagraph 1 does not apply to the following:a) discharge of mineral water certified pursuant to

a special act2 as a natural curative resource,unless used in spa treatment,

b) discharge of natural mineral water unless usedin the production of packaged mineral water,

c) discharge of water from remedial wells4) The fee is payable by 31st January following

the year in which the liability arose.5) The fee is payable to the municipality in the

cadastral area where the discharge takes place andconstitutes its revenue.

6) The water authority issuing the permissionfor the discharge of waste water into groundwater 40 Section 55 of Act No. 71/1967 Coll. on AdministrativeProceedings (The Rules of Administration)41 Act No. 71/1967 Coll. as later amended

41

shall submit the necessary information to themunicipality.

7) The municipality shall follow a special act37

when administering the fees.

Part 2

Payments to Cover Watercourse and River BasinAdministration, and the Costs of Measures taken in

Public Interest

Section 101Payments to Cover Watercourse and River Basin

Administration

1) A person authorised to withdraw surfacewater from a watercourse is obliged to pay for theadministration of the watercourse and in case ofwithdrawing surface water from a significantwatercourse, also for the river basin administration,per units of CZK/m3 depending on the purpose forwhich the surface water is withdrawn and accordingto actually withdrawn surface water quantity.

2) The payment shall be calculated as amultiple of the actual quantity of water withdrawnfor the past calendar month (or another period, notexceeding one calendar year, agreed with theadministrator of the watercourse from which thesurface water is being withdrawn) reduced by thequantity of surface water for which the payment doesnot apply (paragraph 4) and the price for thewithdrawal of surface water stipulated by thewatercourse administrator in accordance with aspecial act42. If a person authorised to use waterwithdraws surface water from one water resource inseveral localities, the withdrawn quantities aresummed for the purpose of the fee calculation.

3) The price for the surface water withdrawalshall be stipulated separately for the followingpurposes:

a) through-flow cooling of steam turbinesb) agricultural irrigation,c) filling of artificial terrain cavities (pits

remaining after excavation of raw material) incases requiring pumping or transfer of water

d) other withdrawals4) The fee for surface water withdrawal does

not apply provided the withdrawn water quantitydoes not exceed 6,000 m3 per calendar year or 500m3 per calendar month. It further does not apply tosurface water withdrawals for the purpose ofoperation of fish hatcheries and tanks, for filling ofponds and water reservoirs used for fish breeding,

42 Section 6 of Act 526/1990 Coll. on Prices

for fire protection purposes, for filling of publicbathing pools, dead watercourse branches andreservoirs constituting a protected biotope of floraand fauna, for the production of snow using waterguns, for the withdrawal of surplus water foragricultural or forest production and for a permittedwithdrawal for the purpose of feeding the waterdeficit of agricultural crops. Surplus water foragricultural and forest production means surfacewater withdrawn from watercourse during high flow(water level) and used for irrigation by flooding.

5) The person authorised to withdraw surfacewater is obliged to pay the fee monthly by each 25th

day following the end of the respective calendarmonth to the respective administrator of thewatercourse from which the surface water is beingwithdrawn, unless payment conditions are mutuallyagreed upon otherwise; such agreement, however,may not stipulate a payment deadline beyond the 25th

of January of the following year.6) Should the authorised person fail to pay the

outstanding fee, the respective administrator of thewatercourse from which surface water is beingwithdrawn, is entitled to claim the payment includinga penalty (Section 103) in court.

Section 102Payments for Covering Costs of Measures in

Public Interest

1) The State may provide financial means tosettle the costs of measures taken in public interest,in particular for the following:a) river basin administration activities pursuant to

this Act,b) administration of small watercourses,c) monitoring and assessment of the status of

surface water and groundwater,d) water management planning,e) runoff regime studies, determining the flood

plain areas and studies of preventative floodprotection measures,

f) renewal of water management structures andwatercourse channels,

g) establishing, renewal and operation of watermanagement structures and facilities for theprotection against flood and drought,

h) increasing the capacity of and regulatingwatercourse channels and improving thelandscape runoff regime,

i) establishment and renewal of structures for landreclamation,

j) renewal and reconstruction of fish ponds andremoval of mud,

k) renewal and operation of water-ways,

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l) administration of a water management structurethe owner of which is unknown and that are notcared for by anybody else,

m) other measures pursuant to the approvedprograms of measures (Section 26),

n) renewal of the watercourse channel following aflood (Section 45, par. 1).

2) The state will provide financial means formeasures in the public interest to river basinadministrators, administrators of watercourses,owners of water management structures andauthorised professional institutions (Section 21 par.3) and other natural persons and legal entities; nolegal claim exists for obtaining the funds.

3) Each year, the government will preparebinding rules regulating the provision of financialfunds and the method of control of their use, in theform of an attachment to the state budget.

Part 3Penalties

Section 103

For each day of delay in the payments pursuantto Section 88, 100 and 101, persons withdrawingwater are obliged to pay a penalty amounting to 0.1percent of the outstanding amount. A special act37

regulates the penalty remission.

CHAPTER XIEXECUTION OF STATE ADMINISTRATION

Section 104

1) The water authorities and the CzechEnvironmental Inspection execute the stateadministration pursuant to this Act. The districthygienist inspects the quality of surface waterdetermined by a decree for bathing (Section 34).

2) The water authorities are as followsa) municipalitiesb) military zone authorities43 in military zones,c) district authorities,d) regional authorities,e) ministries, as a central water authority

(Section 108).This does not affect the provisions regarding theflood control authorities.

Section 105Municipalities in Delegated Jurisdiction and

Military Zone Authorities

43 Section 35 of Act No. 222/1999 Coll.

1) Municipalities in their delegated jurisdiction,regulate, limit or ban, pursuant to Section 6 par. 4 ofthis Act, general use of surface water, except forwatercourses forming the state border.

2) Authorised municipal authoritiesa) permit withdrawal and other use of surface

water or groundwater for the need of individualcitizens (households), except for the dischargeof waste water into surface water orgroundwater, and the establishment, changesand removal of water management structuresconnected with such withdrawal or use,

b) decide in cases in which they have thejurisdiction to permit a water managementstructure; the same applies to other watermanagement issues related to such watermanagement structures,

c) issue approval pursuant to Section 17, par. 1,letters c), d) and e) for the construction ofindividual housing buildings and landscapingwork in flood plain areas when these activitiesdo not affect the runoff regime,

d) provide expert opinion pursuant to Section 18 ofthis Act in cases in which they do not have thejurisdiction for the issuance of permission oragreement.

3) In the military zone territories, stateadministration pursuant to Sections 105 through 107is executed by the military zone authorities withinthe scope of the need to secure the state defence andArmed Forces training, except for powers pursuantto Chapters X and XII of this Act.

Section 106District Authorities

Unless this Act stipulates otherwise, the districtauthorities execute the powers of the water authority.

Section 107Regional Authorities in Delegated Jurisdiction

The powers of regional authorities in delegatedjurisdiction are as follows:a) to provide expert opinion pursuant to Section 18

of this Act in respect of structures which affectsubstantially water use, water protection orflood protection if they reserve this right forthemselves,

b) to decide in matters regarding transboundarywaters after consulting with the Ministry ofAgriculture and the Ministry of theEnvironment; if such decision affects thecourse, character or marking of the state border,consultation with the Ministry of the Interior is

43

also requested; transboundary waters are surfacewater or groundwater stipulated in internationalagreements binding for the Czech Republic,44

c) to adopt measures in extreme situations, inparticular in cases of water shortages andaccidents which exceed the district territory orthe possibilities of the respective districtauthority,

d) to co-operate with the Ministry of Agricultureand the Ministry of the Environment in ensuringthe preparation of programs of measures in riverbasin districts as well as in controlling theirfulfilment. Regional authorities may request theco-operation of professional institutions,institutions monitoring the quality andwholesomeness of water, nature protectionbodies, associations of citizens acting in the areaof environmental protection and fish breeding,owners and operators of water supply andsewerage systems and other bodies as needed inensuring the production and control offulfilment of programs of measures in the riverbasin districts.

e) to impose measures stipulated by the programsof measures in public interest pursuant toSection 26, par. 3,

f) to control the execution of the technical andsafety supervision of water managementstructures,

g) to decide on the classification of a watermanagement structure into the respectivecategories in terms of the technical and safetysupervision, if they reserve this right,

h) to decide matters relating to fees for thedischarge of waste water in surface water,

i) to prepare, in co-operation with the river basinadministrator, supporting documentation for thedecision regarding the determination of anadministrator of a small watercourse.

Section 108Ministries as a Central Water Authority

44 Notification No. 7/2000 Coll. m.s. on the Agreementbetween the Government of the Czech Republic and theGovernment of the Slovak Republic on Co-operation onTransboundary Waters.Notification No. 66/1998 Coll. on the Agreement betweenthe Czech Republic and the Federal Republic of Germanyon Co-operation on Transboundary Waters in the Area ofWater ManagementDecree No. 57/1970 Coll. on the Agreement between theCzechoslovak Republic and the Republic of AustriaRegulating the Water Management Issues inTransboundary Waters.

1) Unless stipulated otherwise by this Act, theMinistry of Agriculture shall execute the powers of acentral water authority.

2) The Ministry of the Environment shallexecute the powers of the central water authority inthe following mattersa) protection of the quantity and the quality of

surface water and groundwater, including1. permission to discharge waste water into

surface water or groundwater [Section 8, par.1, letter c)]

2. permission to withdraw pollutedgroundwater for the purpose of reducing itspollution and its subsequent discharge intothis water or into surface water [Section 8,par. 1, letter e)]

3. permission to discharge waste watercontaining especially dangerous substancesinto the sewerage systems (Section 16),

4. stipulating the minimum residual flow andimposing the obligation to install a watergauge or water-mark on a water managementstructure including the obligation to measurethe minimum residual flow regularly and toreport the results of such measurements tothe respective river basin administrator(Section 36),

5. stipulating the minimum level ofgroundwater and imposing the obligation tosubmit draft rules for groundwaterwithdrawal or the obligation to measure thegroundwater level regularly, including themethod of such measurement and theobligation to report the results of themeasurements to the respective waterauthority and the river basin administrator(Section 37)

6. activities in permitting the discharge ofwaste water into surface water orgroundwater and collecting the results of themeasurement of the volume of thedischarged water and its pollution rate(Section 38),

7. drafting an executive regulation stipulatingthe indicators and values of admissible waterpollution (Sections 31, 32, 33, 35 and 38),

b) monitoring and assessment of the status ofsurface water and groundwater together with theMinistry of Agriculture (Section 21 and 22),

c) monitoring and assessment of the status ofsurface water and groundwater throughauthorised professional institutions establishedby the Ministry (section 21),

d) development and maintenance of theinformation system together with the Ministry

44

of Agriculture pursuant to this Act (Sections 19and 22),

e) production and approval of plans in the watersector and the preparation of the programs ofmeasures, together with the Ministry ofAgriculture (Sections 24 through 26),

f) assessment of the plans in the water sector interms of their impact on the environment(Sections 24 and 25),

g) protected areas of natural water accumulation(Section 28)

h) protection of water resources (Sections 29 and30),

i) sensitive areas (Section 32)j) vulnerable zones (Section 33),k) stipulating remedial measures in cases of

insufficient quality of surface water in use forbathing (Section 34, par. 2),

l) stipulating surface water suitable for the life andreproduction of indigenous species of fish andother aquatic fauna, together with the Ministryof Agriculture (Section 35),

m) protection of surface water and groundwateragainst harmful substances (Section 39),

n) accident amelioration (Section 41) andelimination of harmful impacts of accidents(Section 42),

o) flood control (Sections 63 through 87),p) supervision of the Czech Hydrometeorological

Institute (Section 73),q) fees for the withdrawal of groundwater, together

with the Ministry of Agriculture (Section 88),r) fees for the discharge of waste water into

surface water and groundwater (Sections 89through 100),

s) co-operation with the regional authorities indelegated jurisdiction in the matters of theprotection of quantity and quality oftransboundary waters (Section 107),

t) supervision of the Czech EnvironmentalInspection (Section 112),

u) supervision of the basic and applied research inthe area of the protection of water quantity andquality,

v) fulfilment of tasks resulting from the relation toEuropean Communities in the area of waterprotection, submitting reports on the fulfilmentof the respective EC directives and co-ordinating the adoption and implementation ofEC legislation in the water sector,

w) co-ordinating the water management plans andprograms of measures as part of theinternational co-operation in water protection inthe Elbe, Danube and Oder River BasinDistricts.

3) The Ministry of Health executes the powersof a central water authority in the matters relating tothe determination of surface water in use for bathing,in co-operation with the Ministry of the Environment(Section 34).

4) The Ministry of Transport andCommunications executes the powers of a centralmanagement authority in the matters relating tousing surface water for shipping (Section 7).

5) The Ministry of Defence executes thepowers of a central water authority in matters fallingunder the jurisdiction of military zone authoritiespursuant to Section 105, par. 3.

Section 109Powers of a Water Authority in Emergency

Measures

1) If required in the public interest, in particularin cases of a temporary water shortage, the waterauthority may regulate the permitted water usewithout reimbursement for the necessary period oftime or, if required, place limitations on or ban suchwater use. These measures shall be taken afterconsulting with the respective institutions, unlesssuch consultations are not possible due to theurgency of the situation.

2) If the authorised withdrawals of surfacewater or groundwater are limited or made impossibledue to an emergency situation which seriouslyendangers public interest, the water authority isobliged to ensure corrective measures afterconsulting with the respective authorities. In doingthis, it may stipulate who shall be obliged to carryout measures ensuring emergency water withdrawalor water carriage, including the way and extent ofthese activities. The water authority may request theperson who caused the abnormal limitation orinterruption of water withdrawal, to carry theexpenses incurred in connection with the imposedmeasures. This does not affect general regulations onliability for damages.

3) The Rules of Administration do not apply tothe procedure pursuant to paragraph 1 and for theimposition of measures pursuant to paragraph 2.

Section 110Water Management Supervision Executed by

Water Authorities

1) Water authorities supervise the compliancewith the provisions of the Water Act and relatedregulations and within their powers impose measuresto eliminate shortcomings found.

2) Within the scope of their powers, the water

45

authorities are obliged to supervise whetherdecisions issued by them are observed.

3) In execution of the water managementsupervision, the water authorities may request the co-operation of professional institutions, institutionsmonitoring the quality and wholesomeness of water,nature protection bodies, association of citizensactive in environmental protection and fish breeding,and other authorities, as required.

4) District authorities and regional authoritiesin their delegated jurisdiction as part of the watermanagement supervision, execute the supervision ofwater management structures the condition of whichmay endanger the security of persons or property. Indoing this, they in particular supervise how theowners or users of such structures ensure technicaland safety supervision and perform measuresrequired for the structure safety.

Section 111Supreme Water Management Supervision

1) Within the framework of supreme watermanagement supervision, the Ministry of Agricultureand the Ministry of the Environment executesupervision of water authorities and the CzechEnvironmental Inspection in the area ofimplementation of the provisions of Water Act andthe secondary legislation issued pursuant to this Act.

2) Within the scope of their powers under thisAct as part of the supreme water managementsupervision, the Ministry of Agriculture and theMinistry of the Environment are also entitled tosupervise the compliance with the provisions ofWater Act and the secondary legislation issuedpursuant to this Act, the compliance with thedecisions of water authorities, the compliance withthe obligations of water management structureowners, watercourse administrators and river basinadministrators. If they discover any shortcomings,they may impose measures required for theirelimination.

3) In co-operation with the Ministry of theEnvironment, the Ministry of Agriculture shallsubmit an annual report to the governmentevaluating the control activities carried out in the lastyear as part of the supreme water managementsupervision.

Section 112Czech Environmental Inspection

1) The Czech Environmental Inspection isauthorised to perform the followinga) supervise how natural persons or legal entities

comply with the obligations stipulated by this

Act or imposed under this Act by the Inspectionor by water authorities in the area of1. use of surface water or groundwater,2. protection of this water including its

protection in shipping operation,3. accidents endangering quality of this water,4. water management structures designed for

elimination of the pollution of waste water orfor waste water discharge in surface water orgroundwater or sewerage systems,

5. protection of water regime and waterresources,

6. in cases requiring special attention, ensuringthat the discharge of waste water in surfacewater or groundwater is in compliance withthe requirements of the law,

b) impose measures aimed at elimination andremedy of shortcomings, their causes andharmful impacts in cases when a breach ofobligations in areas stipulated under letter a)was found,

c) within the area in which it is entitled to carryout supervision, order an interruption ofproduction or another activity, should suchactivity seriously endanger public interest andenvironment, until the time when theshortcomings or their casual factors areeliminated,

d) co-operate with the water authorities,e) keep central records of accidents pursuant to

Section 40 et seq.,f) supervise the compliance with the provisions on

fees for discharging waste water into surfacewater by polluters,

g) fulfil other tasks pursuant to this Act.2) The provisions of Section 115 apply to

proceedings taken by the Czech EnvironmentalInspection pursuant to this Act, if permitted by thenature of such proceedings.

Section 113

The district hygienist shall decide on the ban ofbathing in surface water used for bathing. The Rulesof Administration do not apply to such a ban. Theban shall be announced by putting it up on an officialbulletin board of the respective municipality and thedistrict authority.

Section 114

Powers of Persons Executing Water ManagementSupervision and Supreme Water Management

Supervision

1) In performing their activity, the authorised

46

employees of the Czech Environmental Inspection(hereinafter the “Inspectors”) and the authorisedemployees of water authorities shall be entitled:a) to enter or drive into, within the necessary

scope, third party’s land, enter third party-owned structures used for business activity orfor other operations, unless a special permissionpursuant to special legal regulations is required,

b) to request necessary documents, informationand written or oral explanations relevant to thesubject under supervision; the person undersupervision is obliged to provide the requesteddocuments, data and explanation and to co-operate in the necessary scope in the executionof the supervision.

2) Inspectors and authorised employees of thewater authorities are obligeda) to prove their identity by an inspector license or

an authorised employee license,b) to inform the third-party facility operator prior

to their entry3) The state is liable for any damage caused by

the performance of procedures pursuant to par. 1letter a); it cannot be released from this liability.

Section 115Water Administration Proceedings

1) Unless stipulated otherwise by this Act, inproceedings regarding matters regulated by theWater Act, the water authorities follow the Rules ofAdministration41 or the Building Code4 for decisionsregarding water management structures.

2) The Ministry of Agriculture, in co-operationwith the Ministry of the Environment shall stipulatein a decree, types of cases, when and whatdocuments the applicant for decision or opinion mustsubmit, as well as the particulars of permissions,approvals and opinions pursuant to this Act.

3) In cases when the permission of a waterauthority may affect water regime in territorialdistricts of several municipalities, the water authorityshall announce the date and the subject of oralproceedings by putting up a public decree at placesof the municipal authorities concerned. It will send awritten invitation for such oral proceedings to allparties concerned according to the knowledge of theauthority.

4) Municipalities in the territorial district ofwhich the water regime or environment may beaffected as a result of the decision adopted by thewater authority, are also party to the proceedings,unless this Act stipulates otherwise.

5) The watercourse administrator is party to theproceeding in cases regarding the watercourse; the

water authority will also invite the respective riverbasin administrator for the proceeding, if thedecision may affect water regime in the river basin.

6) Civic associations the purpose of which isenvironmental protection according to their statuteare also entitled to obtain information on the openingof an administrative proceeding held pursuant to thisAct, if they request this information from the waterauthority; the application must be specific in terms ofthe subject and location of the proceeding.

7) A civic association is in the position of partyto the proceeding held under this Act, if suchposition is requested within 8 days of the date whenthe information pursuant to paragraph 6 has beendelivered to it.

8) The water authority shall deliver theinvitation for oral proceedings directly into the handsof the party to the proceeding at least 8 days and inmore complicated cases at least 30 days before theoral proceedings date. The public decreesannouncing oral proceedings in cases pursuant toparagraph 3 must also be displayed over this periodof time. The water authority will inform the partiesto the proceedings that objections raised after theoral proceedings will not be considered. In case ofline-type structures, extremely large structures orwhen the number of parties to the proceeding is verylarge, the water authority may announce theproceeding opening date to the parties to theproceeding by the means of a public notice at least30 days prior to the date of local inquiry or oralproceeding, and if oral proceeding does not takeplace, prior to the expiration of the deadlinestipulated for raising objections. The water authoritymay also deliver its decision to parties of theproceeding other than the applicant for thepermission or watercourse administrator or theperson who raised objections by the means of apublic notice located on notice boards inmunicipalities in the territorial districts of which theinterests of parties concerned are affected.

9) If the decision will affect water regime or thequality of water in the jurisdiction of another waterauthority or if the water management structuresubject to proceeding is situated partially in theterritorial district of another water authority, thewater authority with the respective factual and localjurisdiction will decide upon consulting with thosewater authorities the territorial districts of which areaffected by the decision.

10) In simple matters, in particular if a decisioncan be made based on documentation submitted tothe parties of water administration proceeding, thewater authority will decide without undue delay. Inother cases it will decide by the latest within 60 days

47

of the commencement date of the wateradministration proceeding; in especially complicatedcases by the latest within three months. If, due to thenature of the matter, a decision cannot be madewithin the above deadlines, the appellate authoritymay correspondingly extend the deadline.

11) If the water authority issues simultaneouslyseveral decisions concerning one applicant, they maybe made in one decision.

12) If new decisive facts are revealed, the waterauthority may, in a new water administrationproceeding, change or cancel its other decisionsissued in connection with a permission which waschanged or cancelled.

13) The costs of expert opinions which arerequired in the water administration proceedinginitiated by an applicant for permission or agreementunder this Act, shall be borne by the applicant.

14) Measures or decisions of the waterauthorities adopted pursuant to Section 109(measures in case of water shortage) can be declaredor cancelled by the means of a public notice oranother manner normally used in the area. Publicnotice can also be used for announcing bans,limitations or other measures adopted by the waterauthority pursuant to Section 6, par. 4, Section 30,Section 58 par. 3 and Section 68.

15) The applicant applying for a permission forimpounding surface water must prove to the waterauthority his/her proprietary right to land andbuildings affected by the impounded water or thefact that he/she has filed a proposal for theirexpropriation or that he/she has adopted measures toclarify unclear ownership relations to such land andbuildings or to ascertain the residence of theirowners, if they are unknown to him/her.

16) When imposing measures to eliminateshortcomings discovered by the water supervisionthe scope of which cannot be specified without priorresearch or prior preparation of technical documents,such research or preparation of technical documentsmay be assigned individually and individualdecisions required for remedy may then be issuedbased on their results. If the decision on remedialmeasures requires water use in a manner whichotherwise requires permission pursuant to Section 8,this permission does not have to be issued in thiscase.

17) The water authority approves the rules ofoperation of water management structures by adecision.

CHAPTER XII

SANCTIONS

Fines Imposed on Natural Persons DoingBusiness or Legal Entities

Section 116

1) Unless a criminal act is involved, the CzechEnvironmental Inspection or a district authority shallimpose a fine on a natural person doing business or alegal entity (hereinafter “the liable party”), who:a) withdraws surface water or groundwater

without the respective permission of the waterauthority or in breach of it (hereinafter “illegalwater withdrawals”)

b) discharges waste water or mining water intosurface water or groundwater or seweragesystems in breach of this Act (hereinafter“illegal water discharge”),

c) pollutes surface water or groundwater orendangers their quality or wholesomenessthrough illegal use of harmful substances orcauses an emission of such substances intosewerage system in breach of this Act(hereinafter “illegal use of harmful substances”),

d) breaches obligations arising for watermanagement structures from buildingregulations or

e) breaches other obligations stipulated by this Actor obligations imposed under this Act.

2) A fine may be imposed on a natural persondoing business only provided the above activitieswere carried out in doing business.

Section 117Fines for Illegal Water Withdrawals

1) The fine for illegal surface waterwithdrawals shall be stipulated as a multiple of therate of 10 CZK/1 m3 of illegally withdrawn surfacewater and the total quantity of water withdrawn.

2) The fine for illegal withdrawal ofgroundwater shall be stipulated as a multiple of therate of CZK 50/1 m3 of illegally withdrawngroundwater and the total quantity of waterwithdrawn.

3) If the quantity of illegally withdrawn watercannot be determined when stipulating the fine, theauthority imposing the fine will assess the quantitybased on facts allowing an indirect determination ofthe withdrawn water quantity.

4) If the fine calculated or stipulated pursuantto the preceding paragraphs does not reach CZK5,000, it shall be determined at CZK 5,000.

5) The fine can be imposed for a maximum of 3years preceding the day when the illegal waterwithdrawal was revealed.

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6) The maximum fine is CZK 10,000,000.

Section 118Fines for Illegal Discharge of Waste Water or

Mining Water

1) The fine for illegal discharge of waste wateror mining water shall be stipulated at level betweenCZK 10,000 and CZK 10,000,000.

2) When stipulating the fine, the fine imposingbody will, in particular, consider the degree ofexceeding the conditions stipulated in the permissionfor such water discharge, the impact on the quality ofsurface water or groundwater and the size of areaaffected, the degree of protection of the affected area(protected areas) and the reason for illegal waterdischarge.

Section 119Fines for Illegal Use of Harmful Substances

1) The fine for illegal use of harmfulsubstances shall be stipulated at level between CZK5,000 and CZK 5,000,000.

2) When stipulating the fine, the fine imposingbody will, in particular, consider the circumstances,under which the illegal use occurred, the efforts ofthe legal entity to attenuate the harmful impacts, thequantity and nature of the emitted substance, thelocality which was endangered, the quantity andnature of the harmful substance which was emittedinto surface water or groundwater, harmful impactsand possibilities of their elimination and the impactof the harmful substance on the quality of suchwater, and the degree of protection of the affectedarea (protected areas).

Section 120

Fines for Breaching Obligations Regarding WaterManagement Structures

Bodies specified in Section 116 impose finespursuant to the Building Act4) for breachingobligations under Section 116, par. 1, letter d).

Section 121Fines for Breaching Obligations Regarding the

Use of Surface Water for Shipping

1) The State Shipping Authority may impose afine of up to CZK 100,000 on a vessel operator who:a) operates a vessel with a combustion engine on

surface water on which the use of vessels withcombustion engines is prohibited,

b) operates a vessel in breach of the stipulatedscope and conditions of the use of surface waterfor shipping.

2) The fine can be imposed within 2 years ofthe day when the State Shipping Authority learnt ofthe breach of the above obligations, however by thelatest within 3 years of the day when the breachoccurred.

3) When stipulating the fine, the significanceand duration of illegal activity and the scope ofdamage caused shall be considered.

4) The fine is payable within 15 days of the daywhen the decision on its imposition became legallyeffective. The State Shipping Authority is alsoresponsible for collecting the fine. Fines constitute astate budget revenue.

Section 122Fines for Breaching Other Obligations

1) A fine for breaching other obligations[Section 116 par. 1, letter e)] shall be stipulated at alevel between CZK 1,000 and CZK 1,000,000.

2) When imposing the fine, the following factsshall mainly be considered: what consequences thebreach of obligations caused or could have caused,circumstances under which the breach occurred andthe efforts of the legal entity to eliminate or mitigateharmful consequences.

3) Breaching the payment terms pursuant toChapter X of this Act shall not be considered asbreaching other obligations.

Section 123Fines for Repeated Breach of Obligations

1) If a natural person doing business or a legalentity breaches any obligation for which a fine isimposed pursuant to this Act within one year of thedate when a decision on a fine imposition becamelegally effective, a double rate shall apply for thefine. If a lower limit is specified for stipulating theabove imposing fine, this limit is doubled.

2) In case of fine increase pursuant toparagraph 1, the fine may not exceed CZK20,000,000.

Section 124Imposing the Fine

1) The procedure of a fine imposition may beinitiated by the latest within one year of the daywhen the district authority or the CzechEnvironmental Inspection learned about facts underSection 116; however, a fine may be imposed by the

49

latest 3 years after the day when such facts occurred.2) Only one of the authorities stipulated under

Section 116 will initiate the proceeding on the fineimposition, the one that first learned about the factthat obligations have been breached. The aboveauthorities will mutually inform each other aboutinitiating fine proceedings. If the district authorityand the Czech Environmental Inspection learn abouta breach of obligations on the same day, the districtauthority will decide on the fine imposition.Reviewing the decisions of the Czech EnvironmentalInspection on fine imposition in appellateproceedings is under the jurisdiction of the Ministryof the Environment.

3) The fine is payable within 15 days of the daywhen the decision on its imposition became legallyeffective.

4) 50% of the fines imposed by the CzechEnvironmental Inspection constitute budget revenueof the municipality in the cadastral area of which theregulations were breached and 50% is allotted asrevenue of the State Environmental Fund of theCzech Republic. Fines imposed by districtauthorities are state budget revenue.

Section 125Fine Waiver

1) The Czech Environmental Inspection ordistrict authority may, based on a proposal, decide onthe termination of proceedings initiated underSection 124, if:a) the liable party acted voluntarily to eliminate

the consequences, andb) the liable party adopted measures preventing

further pollution or risk to surface water orgroundwater, and

c) the imposition of a fine would causeunreasonable hardship taking into accountmeasures adopted by the liable party.

2) Based on an application by the liable party,the authority holding proceedings on the impositionof a fine may interrupt the proceeding for the factthat measures pursuant to paragraph 1 letters a) andb) have been taken.

CHAPTER XIII

JOINT AND TEMPORARY PROVISIONS

Section 126Joint Provisions

1) The terms “owner” or “acquirer” used in this

Act are understood to also include the person havingthe right of use. If the owner transferred his/herrights or obligations relating to a respectiveprovision of this Act to a user, the user is consideredas an owner.

2) Watercourse administrators, if stateorganisations, are obliged on request to take over,from the respective organisational units of the state,water management structures on watercourses andland constituting watercourse channels situated inreaches administered by them, if using the saidproperty pursuant to a special act due to the reasonthat when the property was acquired by the state, itwas not clear which organisational unit or stateorganisation is entitled to use it or it was revealedthat the property belongs to the state but is not usedby a state organisational unit or state organization.45

In case of doubt which administrator is supposed totake over a water management structure or landbelonging to the state, the Ministry of Agriculturewill decide the issue; such decision does not have thenature of a decision made in administrativeproceedings.

3) A specific drainage facility owned by thestate and situated on third-party land shall becomethe property of the owner of the land affected by thisstructure as of the effective date of this Act includingthe respective technical documentation, if available.A specific drainage facility constructed by the stateon land owned by the state shall be transferred to anew acquirer free of charge together with the land,unless the new acquirer informs the respective waterauthority within 6 months of the effective date of thisAct that he/she disagrees with the ownershiptransfer. The transfer of ownership rights shall beexecuted on the day following the expiration date ofthe deadline for objecting the transfer.

4) The powers of water authorities which arenot expressly stated herein must be determinedaccordingly to the areas in which they are authorisedto execute state administration.

Section 127Temporary Provisions

1) Rights and obligations established by theexisting legal regulations shall remain in force unlessthis Act stipulates otherwise. Proceedings initiatedand still open before the effective date of this Actshall be completed pursuant to the existingregulations.

2) When imposing an increased fine, finesimposed pursuant to the existing legal regulations 45 Section 1 of Act No. 219/2000 Coll. on the Property ofthe Czech Republic and its Acting in Legal Relations

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shall be considered as fines imposed pursuant to thisAct.

3) The classification of water managementstructures into categories for the purposes oftechnical and safety supervision (Section 61)according to the existing legal regulations shallremain in force.

4) Authorisation granted for the performance oftechnical and safety supervision according to theexisting legal regulations shall be considered asauthorisation granted for the performance oftechnical and safety supervision pursuant to this Act,unless the qualifications of the authorised person,based on which the authorisation for the performanceof the technical and safety supervision has beengranted, changed.

5) Proprietary rights to land plots which formwatercourse channels and which have not yet beenregistered in the real estate register under a class ofwater area plot type and which became the propertyof the state pursuant to Act No. 138/1973 Coll. onWater (the Water Act) as later amended shall betransferred to the owners of land registered in thereal estate register on which such watercoursechannels are situated, unless they inform therespective water authority within 6 months of theeffective date of this Act of their disagreement withsuch transfer. The proprietary rights shall betransferred on the day following the expiration dateof the deadline for objecting to the transfer.

6) If on the effective date of this Act,municipalities discharge waste water into surfacewater in breach of the provisions of this Act, thewater authority may, based on their applicationsubmitted maximally within three months of theeffective date of this Act, issue a new permission forwaste water discharge, permitting a pollution levelnot exceeding the pollution of waste waterdischarged during the last 12 months prior to theeffective date of this Act. As of the effective date ofthis Act, this new permission shall replace theexisting valid permission. In the new permission, thewater authority shall stipulate a reasonable deadlinein which the indicators and allowable waste waterpollution values according to this Act and theregulations issued pursuant to this Act must be metincluding the conditions for gradual meeting of therequested level of discharged pollution; whenstipulating the deadline, the water authority shallconsider justified requirements for water protectionand possibilities of technical solutions. During thisperiod, the water authority or the CzechEnvironmental Inspection shall refrain fromimposing penalties under Section 116 paragraph 1,letter b) under the conditions, that the conditions

stipulated for meeting the requested level ofdischarged pollution are being met. The reasonabledeadline stipulated by the water authority formeeting the indicators and allowable values of wastewater pollution which will be in compliance with thisAct and regulations issued pursuant to this Act andconditions for gradual meeting of the required levelof discharged pollution, must not fall beyond 31December 2005 for pollution sources in excess of2000 population equivalent.

7) The validity of permissions for withdrawalof surface water and groundwater, except forpermissions for withdrawal of groundwater fromresources designed for supplying individualhouseholds with drinking water, and for dischargingwaste water into surface water and groundwaterwhich became effective prior to the effective date ofthis Act, shall expire on 1 January 2008.

8) Withdrawals of groundwater or surfacewater which is mining water shall be considered aspermitted as of the effective date of this Act; thispermission will expire on 31 December 2004, unlessadditional withdrawal is permitted pursuant toSection 8. The provisions on charges and feespursuant to Chapter X of this Act do not relate forsuch withdrawals during the above-stated period oftime.

9) The Czech Environmental Inspection shallsubmit the documentation required to ensure theadministration of fees for the discharge of wastewater into surface water pursuant to this Act to theregional authorities in delegated jurisdiction by thelatest within 30 days of their establishment.

10) Water management records kept pursuant tothe existing legal regulations shall become part of therecords of decisions issued by the water authoritiespursuant to Section 19.

11) The issues of discharging water into thepublic sewerage systems, water supply from publicwater supply systems and fees for water supply andsewerage services are governed by the existing legalregulations, including Sections 24, 30 and 46 of ActNo. 138/1973 Coll. on water (the Water Act) as lateramended, until the date when a new legal regulationon water supply and sewerage systems takes effect.

12) The fees calculated according to ratesstipulated in part B of Attachment No. 2 to this Actshall be paid at an amount of 80% in 2002.

13) The fees calculated according to ratesstipulated in part A of Attachment No. 2 to this Actshall be paid for the purpose of drinking watersupply and for other use not subject to fees pursuantto a special legal regulation46 at an amount of 35% in 46 Government Order No. 35/1979 Coll. on Charges inWater Management , as later amended.

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the year 2002 and at the amount of 70% in 2003.14) Water management structures permitted

pursuant to the existing legal regulations shall beconsidered as water management structures pursuantto this Act. Should other legal regulations use a term“water work”, this means a water managementstructure pursuant to this Act.

15) Rights and obligations established under theexisting legal regulations in the area of fees fordischarging waste water into surface water andcharges for withdrawals of surface water orgroundwater remain in force after the effective dateof this Act.

16) When deciding, providing opinion andperforming other measures pursuant to this Act, thewater authorities are obliged to follow the masterwater management plan in its valid version until theapproval date of new plans pursuant to this Act forthe respective river basin district.

17) The owners of water management structures(Section 20, paragraph 1) are obliged to submit to therespective Land Deed Office documentation requiredfor entering these structures in the real estate registerby the latest within 4 years after the effective date ofthis Act.

18) Flood plain areas determined pursuant to theexisting legal regulations shall be considered asflood plain areas pursuant to Section 66.

19) Administrators of small watercoursesdetermined pursuant to the existing legal regulationsshall be considered as administrators of smallwatercourses pursuant to this Act.

PART TWOAmendment to the Act on Public Health

Protection

Section 128

Act No. 258/2000 Coll. on the protection ofpublic health and the amendment to some relatedacts shall be amended as follows:

1. Section 4, paragraph 3 including footnote No.7 shall be as follows:

“(3) Within the minimum scope and frequencystipulated by an executing legal regulation, theperson stipulated in Section 3, paragraph 2, exceptfor the owner and administrator of public watersupply system, shall be obliged to ensure drinkingwater analyses in an accredited laboratory7 or by anauthorisation holder (Section 83a). Based on theperson’s request, the scope and frequency of theanalyses may be amended by a decision of a publichealth protection authority with local jurisdiction.

_________________7) Act No. 22/1997 Coll. as later amended.”.

2. In Section 80, par. 1, a comma shall beinserted after letter l) and letter m) shall be added asfollows:“m) grants and withdraws the authority to perform

authorisations.”.3. The following new Sections 83a through 83d

shall be inserted after Section 83 including footnoteNo. 47a:

“Section 83a

1) Authorisation for the purposes of this Act isunderstood as a procedure opened based on anapplication of a natural person doing business or alegal entity which results in the issuance of acertificate that the person is capable of performingthe following within the specified scope:a) taking samples and examining quality and

wholesomeness of drinking water (Section 3par. 1), water in swimming pools and water inresource for artificial swimming pools andsauna pools (Section 6),

b) examining and measuring the concentrationsand intensity of factors in the internalenvironment of structures (Section 13 paragraph1),

c) taking samples and measuring themicrobiological and parasite pollution ofoutdoor playgrounds (Section 13 paragraph 2),

d) taking samples and examining thewholesomeness of products coming into directcontact with drinking and raw water, except forproducts of building industry (Section 5), andthings for general use, except for toys (Section25),

e) disinfection and sterilisation control (Section17),

f) taking samples and examining thewholesomeness of food [Section 24, paragraph1, letter e)],

g) examining and measuring the intensity of noise,vibrations and non-ionising radiation in socialvenues and workplaces (Sections 30 through35),

h) examining and measuring the intensity oflighting and microclimatic conditions andconcentrations of dust and chemical harmfulsubstances in workplaces (Section 37 par. 3),

i) biological exposure tests and examinations inthe area of genetic toxicology, physiology andpsychology of labour.

2) The Ministry of Health may grant the

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authority to perform authorisations to a legal entityor a state organisational unit established to fulfiltasks within the jurisdiction of the Ministry of Health(hereinafter “the authorising person”). This authorityis not transferable. The Rules of Administration donot apply for granting this authority. Authorisationsare issued in compliance with conditions stipulatedfor individual areas pursuant to paragraph 1 by theMinistry of Health. Granting the authority to theauthorising persons and withdrawing such authority,as well as the conditions for the authorisation shallbe published by the Ministry of Health in itsBulletin.

Section 83b

1) The authorising person shall issue acertificate of authorisation to a legal entity or anatural person doing business based on itsapplication. This certificate shall be issued, providedthe applicant meets the following authorisationconditions:a) professional level relevant to the proposed area

of authorisation,b) equipment for technical and administrative

activities and access to facilities for specialexaminations,

c) necessary number of staff with professionaltraining, knowledge and abilities,

d) existence of staff confidentiality agreements inrespect of facts learned by persons performingthe authorisation,

e) non-existence of financial or other interestswhich could affect the results of activity of theperson performing the authorisation,

f) integrity of the applicant for authorisation.2) Non-existence of financial or other interests

pursuant to paragraph 1 letter e) shall be documentedby an affidavit.

3) For the purposes of this Act, a person doesnot have the required integrity if he/she wasconvicted (and the conviction became legallyeffective) for a crime the merits of which relate tothe object of business. For a legal entity, integritypursuant to paragraph 1 letter f) must be proven forits statutory representative and all members of astatutory body. A natural person shall prove integrityby an excerpt from the criminal register which mustnot be older than 3 months.

4) In an application for granting a certificate ofauthorisation, the applicant will state the name ofbusiness company, name and surname of a naturalperson or a legal entity name, place of doingbusiness or permanent address in case of a naturalperson, registered seat of a legal entity, identification

number and information demonstrating thecompliance with the conditions under paragraph 1. Aforeign entity47a will state place of its residenceoutside the Czech Republic, its residence in theCzech Republic if the stay was permitted, thelocation and name of the organisational bodysituated in the Czech Republic, name and surname ofthe manager of such organisational body and addressof his/her residence in the territory of the CzechRepublic, and information demonstrating thecompliance with the conditions under paragraph 1.

5) Citizens of the European Union memberstates shall demonstrate their authority to performauthorisation pursuant to Section 83a, paragraph 1a) by a certificate of competency required in a

European Union member state for access tosuch activities and issued by this EuropeanUnion member state or

b) by a document proving qualifications for theperformance of such activities obtained in aEuropean Union member state,

if they provide guarantees, in particular in the area ofhealth, safety, environmental protection andconsumer protection within the scope regulated bySection 83a paragraph 1.

6) In case of doubt and based upon anapplication of the citizen of the European Unionmember state, the Ministry of Health shall decidewhether requirements pursuant to paragraph 5 havebeen met. The application must include documentsissued by the respective authorities of the EuropeanUnion member state proving facts stipulated underparagraph 5. The proceeding on the applicationassessment must be completed by the latest within 4months upon the submission of all documentsrelating to the respective person.

Section 83c

1) The certificate of authorisation stipulates thesubject, scope and conditions of the activity and theduration for which it was issued. The Rules ofAdministration do not apply to the issuance of thecertificates of authorisation. The applicant mayobject against a decision not to grant a certificate ofauthorisation within three days of the deliverythereof. The Ministry of Health shall decide on theobjections. The decision of the Ministry of Healthregarding objections cannot be appealed. Costsincurred in connection with the authorisationincluding the issuance of the certificate ofauthorisation shall be borne by the applicant. Theprice is determined pursuant to a special legalregulation.

2) Authorisation is non-transferable to a third

53

person and shall be granted for a maximum period of5 years from the date of issue. The authorisation maybe extended always for another five years. Theperson who obtained the certificate of authorisation(hereinafter “the authorisation holder”) must submithis/her application for the extension of the certificateof authorisation to the person granting theauthorisation a minimum of 6 months prior to theexpiry of the certificate’s duration.

3) The list of authorisation holders includingthe business name, registered seat or place ofbusiness and identification number pursuant toSection 83b) paragraph 4, including any changesthereto shall be published by the Ministry of Healthin its Bulletin. The person granting the authorisationshall deliver this information to the Ministry ofHealth.

4) The authorisation holder is obliged to meetthe conditions of the authorisation and participate ininter-laboratory tests within the scope and timestipulated by the person granting the authorisation.The authorisation holder is obliged to archive thedocumentation of the results of inter-laboratory testsfor a period of five years. Cost of inter-laboratorytests shall be borne by the authorisation holder.

5) The person granting the authorisation shallsupervise the compliance with the authorisationconditions and the results of inter-laboratory tests.For this purpose, this person is entitled to enterfacilities of the authorisation holder, verifycompliance with the authorisation conditions andrequest submission of documentation including theresults of inter-laboratory tests. The authorisingperson may invite an expert for the respective area toassist in performing the inspection. If the persongranting the authorisation discovers a shortcoming,they will either suspend the validity of the certificateor withdraw it depending on the seriousness of theshortcoming. By withdrawing the certificate, theauthorisation becomes extinct. The authorisationholder may file objections against a decision on thecertificate withdrawal within three days of its receipt.The Ministry of Health shall decide on theobjections. The decision of the Ministry of Healthregarding objections cannot be appealed.

Section 83d

1) In addition to reasons stipulated underSection 83c paragraph 5, the authorisation alsobecomes extinct in the following cases:a) expiration of time for which it was granted

unless it was extended based on an applicationof the authorisation holder,

b) renunciation of the certificate of authorisation;

renunciation of the certificate shall becomeeffective on the day when it was delivered to theperson granting authorisation,

c) provided a natural person is involved, in case ofdeath of the authorisation holder or in casehe/she is declared dead,

d) dissolution of a legal entity which is theauthorisation holder,

e) issuing of a bankruptcy order against theauthorisation holder, refusing a petition forissuing a bankruptcy order against theauthorisation holder due to lack of assets orinitiation of liquidation of the authorisationholder.

2) The person granting the authorisation incases pursuant to paragraph 1 letter a) and pursuantto section 83c paragraph 4, the authorisation holderor his/her heir, legal successor of a legal entity or, ifpertinent, its liquidator, in cases under paragraph 1letters b) through e), are obliged to inform theMinistry of Health for the purposes under Section83c par. 3 of the date of the authorisation extinction._____________47a) section 21 paragraph 2 of the Commercial Code.”.

4. In section 92 paragraph 3, the followingsentence shall be added at the end of the text: “A fineof up to CZK 1,000,000 may be imposed by thispublic health protection authority on a person whoacted illegally as a person granting authorisation orauthorisation holder.”.

5. A new Section 100a shall be inserted afterSection 100 as follows:

“Section 100a

If this Act or a special legal regulationregulating the powers of a public health protectionauthority imposes an obligation on a foreign entity tosubmit documentation proving certain facts, this isunderstood as submission of documentationincluding its certified Czech translation, unless aspecial legal regulation stipulates otherwise. Thesignatures and stamps on the submitted originaldocuments must be notarised.”.

PART THREEAmendment to the Misdemeanour Act

Section 129

Act No. 200/1990 Coll. on Misdemeanours, asamended by Act No. 337/1992 Coll., Act No.344/1992 Coll., Act No. 359/1992 Coll., Act No.67/1993 Coll., Act No. 290/1993 Coll., Act No.134/1994 Coll., Act No. 82/1995 Coll., Act No.

54

237/1995 Coll., Act No. 279/1995 Coll., Act No.289/1995 Coll., Act No. 112/1998 Coll., Act No.168/1999 Coll., Act No. 360/1999 Coll., Act No.29/2000 Coll., Act No. 121/2000 Coll., Act No.132/2000 Coll., Act No. 151/2000 Coll., Act No.258/2000 Coll., Act No. 361/2000 Coll., Act No.370/2000 Coll., the finding of the ConstitutionalCourt No. 52/2001 Coll. and Act No. 164/2001 Coll.,shall be amended as follows:

Section 34 including the heading and footnoteNo. 3i) shall be as follows:

“Section 34 Misdemeanours in the Water Management

Sector

1) Misdemeanour is committed by a personwho:a) withdraws surface water or groundwater

without required permission of the waterauthority or in breach thereof,

b) discharges waste water or mine water intosurface water or groundwater or into a seweragesystem in breach of the Water Act3i,

c) pollutes surface water or groundwater orendangers its quality or wholesomeness as aresult of illegal use of harmful substances orcauses such substances to be emitted into asewerage system in breach of the Water Act3i,

d) breaches obligations regarding watermanagement structures and resulting frombuilding regulations or

e) breaches other obligations stipulated by theWater Act3i or obligations imposed based on theWater Act.

2) A fine of up to CZK 50,000 can be imposedfor misdemeanours pursuant to paragraph 1 letters a),b), c) or e), a fine of up to CZK 100,000 may beimposed for misdemeanours pursuant to paragraph 1letter d).

3) The fines are imposed by the CzechEnvironmental Inspection or district authority. Theprovisions of Section 124 paragraph 2 of the WaterAct apply correspondingly.___________3i) Act No. 254/2001 Coll. on Water and Amendments to Some Acts (The Water Act).”.

PART FOURAmendment to the Act on the State

Environmental Fund of the Czech Republic

Section 130

Act No. 388/1991 Coll. on the State

Environmental Fund of the Czech Republic, asamended by Act No. 334/1992 Coll. shall beamended as follows:

1. Section 2 paragraph 1 letter a) includingfootnote No. 2) shall be as follows:“a) fees for discharging waste water in surface

water,2)

_________2) Sections 89 through 99 of Act No. 254/2001

Coll. on Water and Amendments to Some Acts(The Water Act).”.

2. Section 2 paragraph 1 letter e) includingfootnote No. 6) shall be as follows:“e) fees for actual withdrawal of groundwater6) at

50% of their total level,_________6) Section 88 of Act No. 254/2001 Coll.”.

PART FIVEAmendment to Act on Inland Shipping

Section 131

Act No. 114/1995 Coll. on Inland Shipping, asamended by Act No. 358/1999 Coll., shall beamended as follows:

Sections 49 and 50 shall be deleted.

PART SIX

Amendment to Act on the Amendment to theCriminal Code, the Act on Hunting, the Act on

Fishing, the Act on State Administration in WaterManagement Sector, the Act on the Protection of

Nature and Landscape and the Forest Act

Section 132

Act No. 238/1999 Coll. amending Act No.140/1961 Coll. on the Criminal Code as lateramended, Act No. 23/1962 Coll. on Hunting as lateramended, Act No. 102/1963 on Fishing as lateramended, Act No. 130/1974 Coll. on StateAdministration in Water Management Sector as lateramended, Act No. 114/1992 Coll. on the Protectionof Nature and Landscape as later amended, and ActNo. 289/1995 Coll. on Forests and Amendments toSome Other Acts (the Forest Act) shall be amendedas follows:

Article IV shall be deleted.

PART SEVEN

55

Amendment to Act on the Amendment to the Acton State Administration in Water Management

Sector and the Competencies Act

Section 133

Act No. 23/1992 Coll. amending andsupplementing Act No. 130/1974 Coll. on StateAdministration in Water Management Sector asamended by Act No. 49/1982 Coll. and Act No.425/1990 Coll., and Act No. l 2/1969 Coll. on theEstablishment of Ministries and Other CentralBodies of the State Administration of the CzechRepublic as later amended shall be amended asfollows:

Articles I and II shall be deleted.

PART EIGHT

Amendment to the Building Code

Section 134

Act No. 50/1976 Coll. on Regional Land UsePlanning and Building Order (the Building Code) asamended by Act No. 103/1990 Coll., Act No.425/1990 Coll., Act No. 262/1992 Coll., Act No.43/1994 Coll., Act No. 19/1997 Coll., Act No.83/1998 Coll., the finding of the Constitutional Courtpublished under No. 95/2000 Coll., the finding of theConstitutional Court published under number96/2000 Coll., Act No. 132/2000 Coll., Act No.151/2000 Coll., Act No. 239/2000 Coll. and Act No.59/2001 Coll. shall be amended as follows:

Section 143 paragraph 4 letter b) shall be asfollows:“b) The Ministry of Agriculture – legal regulations

stipulating technical requirements for watermanagement structures,”.

PART NINE

Amendment to the Act on the Powers of theAuthorities of the Czech Republic in MattersRelating to the Transfer of Some State-ownedProperty to Other Legal Entities or Natural

Persons

Section 135

Act No. 500/1990 Coll. on the powers of theauthorities of the Czech Republic in matters relatingto the transfer of some state owned property to otherlegal entities or natural persons as amended by ActNo. 438/1991 Coll., Act No. 282/1992 Coll., Act No.

473/1992 Coll., Act No. 170/1993 Coll., Act No.155/1994 Coll., Act No. 191/1994 Coll., Act No.218/1994 Coll., Act No. 161/1997 Coll., Act No.164/1998 Coll., Act No. 269/1998 Coll., Act No.21/2000 Coll. and Act No. 246/2000 Coll. shall beamended as follows:

In Section 15 par. 2, the full stop at the end ofletter t) shall be replaced by a comma and thefollowing letter u) shall be added:“u) for the transfer of financial funds totalling CZK

2.5 billion into a special account of Statefinancial assets to increase the existing financialfunds earmarked to cover the necessary costs ofthe renewal of watercourse channels and watermanagement structures owned by the state anddamaged as a result of flood catastrophes in theyears 1997, 1998 and 2000, and to partialfinancing of the program of flood controlmeasures on watercourses and watermanagement facilities.”.

PART TENFINAL PROVISIONS

Section 136

Repealing Provisions

The following are hereby repealed:1. Act No. 138/1973 Coll. on Water (The Water

Act) as amended by Act No. 425/1990 Coll.,Act No. 114/1995 Coll., Act No. 14/1998 Coll.and Act No. 58/1998 Coll.

2. Act No. 14/1998 Coll. amending andsupplementing Act No. 138/1973 Coll. onWater (The Water Act) as later amended.

3. Act No. 130/1974 Coll. on State Administrationin Water Management Sector as amended byAct No. 425/1990 Coll., Act No. 132/2000Coll., Act No. 240/2000 Coll. and Act No.185/2001 Coll.

4. Act No. 58/1998 Coll. on Fees for DischargingWaste Water into Surface Water.

5. Act No. 281/1992 Coll. amending andsupplementing Government Order No. 35/1979Coll. on Charges in Water Management Sectoras amended by Government Order No. 91/1988Coll.

6. Government Order no. 35/1979 Coll. onCharges in Water Management Sector.

7. Government Order No. 91/1988 Coll. amendingand supplementing Government Order No.35/1979 Coll. on Charges in WaterManagement Sector.

56

8. Government Order No. 141/2000 Coll.amending Government Order No. 35/1979 Coll.on Charges in Water Management Sector aslater amended.

9. Government Order No. 100/1999 Coll. onProtection Against Floods.

10. Decree No. 42/1976 Coll. on Water Managers.11. Decree No. 62/1975 Coll. on Professional

Technical and Safety Supervision of SomeWater Management Structures and Technicaland Safety Supervision of them by NationalCommittees.

12. Decree No. 6/1977 Coll. on the Protection of theQuality of Surface Water and Groundwater.

13. Decree No. 82/1976 Coll. Regulating the Use ofSurface Water for Motor Vessel Shipping.

14. Decree No. 422/1992 Coll. amending andsupplementing Decree No. 82/1976 Coll.Regulating the Use of Surface Water for MotorVessel Shipping.

15. Decree No. 99/1976 Coll. on Water Guard.16. Decree No. 81/1977 Coll. supplementing the

Decree on Water Guard.

17. Decree No. 28/1975 Coll. Determining WaterSupply Watercourses and their Basins andStipulating the List of Watercourses Significantfor Water Management.

18. Decree No. 63/1975 Coll. on the Obligation ofOrganisations to Report on a Discovery ofGroundwater and Data on its Withdrawals.

19. Decree No. 176/1999 Coll. Stipulating the Listof Transboundary Watercourses Forming StateBoundaries.

PART ELEVENENTRY INTO FORCE

Section 137

This Act becomes affective on 1 January 2002,except for the provisions of Section 20, paragraph 1,which become effective 5 years after the effectivedate of this Act and the provisions of Section 135which becomes effective on the day of itsdeclaration.

Klaus in own hand

Havel in own hand

Zeman in own hand

57

Attachment No. 1 to Act No. 245/2001 Coll.

Especially dangerous substances

Especially dangerous substances are substances belonging in the below-specified groups of substances,except for those that are biologically harmless or quickly transform into biologically harmless substances:1. organohalogen compounds and substances that may form such compounds in the water environment,2. organophosphorous compounds,3. organotin compounds,4. substances showing carcinogenic, mutagenic or teratogenic properties in the aquatic environment or

under its effect5. mercury and its compounds,6. cadmium and its compounds,7. persistent mineral oils and hydrocarbons derived from oil,8. persistent synthetic substances which may float, remain in suspension or sink to the bottom and which

may affect any water use,9. cyanides.

Dangerous substancesDangerous substances are substances belonging to the below-specified groups:

1. Metalloids, metals and their compounds:1. zinc 6. selenium 11. tin 16. vanadium2. mercury 7. arsenic 12. barium 17. cobalt3. nickel 8. antimony 13. beryllium 18. thallium4. chromium 9. molybdenum 14. boron 19. tellurium5. lead 10. titanium 15. uranium 20. silver

2. Biocides and their derivatives not listed in the list of especially dangerous substances.3. Substances having a harmful impact on the taste or smell of products for human consumption originating

in water environment and compounds having the ability to increase the contents of such substances inwater.

4. Toxic or persistent organic compounds of silicon and substances which may increase the contents ofthese compounds in water, except for those that are biologically harmless or in water quickly transforminto harmless substances.

5. Inorganic compounds of phosphorus or elementary phosphorus.6. Non-persistent mineral oils and hydrocarbons derived from oil.7. Fluorides.8. Substances having harmful impact on the oxygen balance, in particular ammonium salts and nitrites.9. Silage juices, fertilisers and manure and their liquid components, aerobe-stabilised composts.

58

Attachment No. 2 to Act No. 254/2001 Coll.

A. FEE RATES FOR THE CALCULATION OF PAYMENTS FOR ACTUALLY WITHDRAWNQUANTITY OF GROUNDWATER

Purpose of use of the withdrawn water Rate in CZK/M3

Drinking water supply 2.00Other uses 3.00

B. RATES FOR THE FEE CALCULATION AND THE QUANTITY AND CONCENTRATIONLIMITS FOR FEE IMPOSITION

POLLUTION INDICATOR RATECZK/kg

FEE IMPOSITION LIMITquantity concentrationkg/year mg/l

1.a) chemical oxygen demand – non-purified waste water,

until 31 December 2004from 1 January 2005

b) chemical oxygen demand – purified waste waterc) chemical oxygen demand for purified waste water used

in the production of pulp and refining of cotton andflax textiles

16168

3

20,0008,000

10,000

10,000

404040

402. dissolved inorganic salts 0.5 20,000 1,2003. undissolved substances47 2 10,000 304. total phosphorus until 31 December 2004 from 1 January 2005

7070

13,0003,000

33

5. ammonium nitrogen until 31 December 2001 40 15,000 156. nitrogen Ninorg from 1 January 2001 20 20,000 207. AOX from 1 January 2002 300 15 0.28. mercury 20,000 0.4 0.0029. cadmium 4,000 2 0.01

47 Fee for this indicator shall only be paid by polluters who

a) do not pay the fee for chemical oxygen demand, however the pollution exceeds the limit for undissolvedsubstances

b) discharge quantity of undissolved substances into waste water exceeding a triplicate of the fee imposition limitfor chemical oxygen demand