1 / 15

Compensation in Czech law

This document examines the intricacies of compensation within Czech environmental law, specifically focusing on nature conservation and water management amidst climate change. It outlines key legal provisions, including the responsibilities of landowners, compensatory measures for natural resource damage, and the impact of legislation on ecological stability. The text evaluates the effectiveness of various acts, such as the Act on Environmental Liability, and the implications of compensation for both land and water resources, highlighting the necessity of preserving biodiversity and natural landscapes.

mihaly
Télécharger la présentation

Compensation in Czech law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Compensation in Czech law Petra Humlickova Utrecht, Water and Oceans Law in Times of Climate Change 2013

  2. Compensation on nature • § 68 Act114/1992 Coll. on protectionofnature and landscape • Owner/tenatsofland • Improvetheconditionofpreserved natural environment and landscape • Forthepurposeofpreserving diversity of natural species and systemsofecological stability • Natureconservationauthoritiesthemselves • Owner not respond • 30 cases/year (x 400 fines)

  3. Compensation on nature II • § 8 Act – fellingwood – compensatoryplanting • Subsequent care max. 5 years • Methodology on assessingtrees • § 66 Act • Prohibit/imposeconditionactivitiesthatcould cause unwarrantedchange on nature • Permittedactivities

  4. Compensation on waters • Fees • Impactassessment NATURA 2000 • Environmentalliability • Transfer ofStateProperty to ThirdPersons • Act on EnvironmentalLiability • WaterAct

  5. Fee • Withdrawalofsurfaceorgroundwater • Dischargeofwastewater • Amount • Pollution • StateEnvironmentalFund x municipalities x riverbasinadministrators

  6. Impactassessmenton NATURA 2000 • § 45i act 114/1992 Coll. on protectionofnature and landscape • Project orplanwith negative impacts • no alternatives • imperative reasons of overriding public interest • Ensurecompensatorymeasures • Compensatorymeasures • Competentbodies – municipalitiesorspecialisedbodies in protectedareas • Necessary to ensure the overall coherence of NATURA 2000 sites • Plan • ensure the possibility of replacing the locality concerned by implementationof plan • of similar scope and quality and with the same degree protection • Project • creating the conditions for maintaining or improving thesubjects protection in the same location • replacement by siteatotherlocations of similar scope and quality • Onlylisted in statementofimpactassessment x mustbewithinthepermit • Interruptionofprocesstillcarryoutcompensatorymeasures • Neverused in CZ

  7. Transfer of State Property to Third Persons • Act 92/1991 on Conditionsof Transfer ofStateProperty to ThirdPersons • Contract • EU funds

  8. Act on EnvironmentalLiability I • Act 167/2008 on prevention and remedying of environmental damage • environmental damage: • groundwaterorsurfacewaters • occur directly orindirectly • measurable adverse change in a natural resource • measurable impairment of a natural resource service • significantly adversely affects the ecological, chemical orquantitative status of water or its ecological potential

  9. Act on EnvironmentalLiabilityII • Preventive and remedialmeasures • Recovery • return of damaged natural resourcesand impaired services to baseline condition • existingatthe time of the environmental damage that would have continued to exist had theenvironmental damage not occurred • estimated on the basis of the best informationavailable • Proceedings • Ex officio • On request • Neverused in CZ

  10. WaterActI • § 40 – 42 Act 254/2001 on Water • Impactedstate • Accidents • Exceptionalseriousthreatordeterioration • Alwaysoil, especiallydangeroussubstances, radiation, technicaldisordersofequipment, protectedareas • Unauthoriseddischargeofwastewater • Unauthorisedoperationsinvolvingharmfulsubstances • Originator + legalsuccessors • Remedialmeasures • Necessary to remedyimpactedstate • Baselinecondition • Conditions set by Czech EnvironmentalInspectorateormunicipality

  11. WaterAct II • Waterauthorityor Czech EnvironmentalInspectorate • competenceproblems • Proceedings • Originator • Fail to perform + dangermaybeinvolved in delay – waterauthorityor Czech EnvironmentalInspectorateensureatoriginator‘saccount • Specialaccount – 13 x cca € 400 000 • No public participation

  12. Act on EnvironmentalLiabilityx WaterAct • Where environmental damage is caused by an accident pursuant to the Water Act: • theprocedure in remedying and elimination of adverse consequences thereof - Water Act • the procedure in imposing remedial measures to eliminate theconsequences of the accident - Act on EnvironmentalLiability

  13. WaterAct III • In 2012 • Cca 3.500 controls • 400 x fine • 58 x accidents • 412 x public motions • 76 x compensatorymeasures

  14. Conclusions • Not usedacts • Fines overestimatingabovecompensatorymeasures • Specialfunds • Detailedlevelforcompensatorymeasures • Public participation + access to justice

  15. Humlic.prf@gmail.com

More Related