1
LAND PROTECTION
JUDr. Ilona Jančářová, Ph.D.
LAND PROTECTION
• Act N. 334/1992 Coll., on the Agricultural
Land Protection
• Act N. 289/1995 Coll., Forest act
• Act N. 156/1998 Coll., Manure Act
• Act N. 326/2004 Coll., Plant Treatment Act
• Act N. 183/2006 Coll., Construction Act
• Act N. 344/1992 Coll., on the Real Estate
Register
2 main categories of land:
- aricultural land
- non – agricultural land (other than
agricultural)
2
Agricultural land
- arable land
- hop fields (hop gartens)
- vineyards
- gardens
- orchards
- meadows and pastures (gras areas)
Non – agricultural land
- forest land
- water areas (land covered by surface water
bodies)
- developed areas
- other areas
Changes of cathegories:
a) permit
b) decision imposing the duty to change the
cathegory
c) decision of the Land Authority based on
approved projects of land arrangements
3
PROTECTION OF AGRICULTURAL
LAND
a) quantity – against changing into nonagricultural
land cathegories
b) quality – against pollution and introduction of
substances causing serious
contamination of the land
Protection of the quantity
a) Approvals
b) Economic tools - fees
c) Duties of persons
d) Sanctions
Protection of the quality
a) Registration of chemical preparations
b) Register of preparations
c) Duties of persons
d) Agrochemical testing of the land
e) Sanctions
4
FOREST PROTECTION
Sources of law: The forest act N. 289/1995 Coll.
Penal Code N.40/2009 Coll. (295)
Aim: - preserve forest as an environmental
component
- to preserve all its functions (productive and
non – productive)
- to support sustainable forest management
Cathegories of forest:
• protective forests
• special purpose forests
• timber forest
PROTECTION OF THE QUANTITY
OF FOREST LAND
Means of legal protection:
- approval to the use of forest land for different
purposes
- fees for using the forest land for other purposes
- fines for unlawful usages
5
THE RIGHT OF COMMON USE
OF FORESTS
•- everybody has a right to enter the forest without regard
• to its ownership
•- the right to pick wild fruits, dry branches – not for
• the commercial use
•- the owner has to respect this right without any
• economic compensation
•- prohibitions relate to everybody who enters the forest,
• some of them relates also to the owner :
•- to start a fire, to litter
•- to enter the forest with motor vehicles
•- horseback riding only on forest paths, tracks and
• roads and other
FOREST MANAGEMENT
a) Forest plans
- forest management plans – state forests and forests
larger than 50 ha
- forest management guidelines – for owners of smaller
forest areas
b) Forestry specialists
c) Licence - must be granted to:
- forestry specialist
- those who prepare forest plans
- persons who pick the seeds, store it and plant forest
seedlings
FOREST MANAGEMENT
d) Duties of persons:
- to use seeds of a good quality
- to take preventive measures against pests and other
detrimental agents
- to use technologies favourable to the environment
- duties related to reconstruction of forest stand
- prohibition to cut trees under 80 years of age
e) State financial support – contributions based on the
decision of the MOE
f) Fines
Unlawful cutting of timber is a crime under the Penal Code
6
STATE ADMINISTRATION
Ministry of Agriculture
Ministry of Environment – supreme state supervision
forests in National parks