1
WATER PROTECTIONWATER PROTECTION
JUDr. Ilona Jančářová, Ph.D.
SOURCES OF LEGAL REGULATIONSOURCES OF LEGAL REGULATION
Act N. 254/2001 Coll., Water Act
- legal nature of waters
- use and protection of surface water bodies and
ground waters as to their quality and quantity
- establishment and protection of waterworks
- protection against floods
SOURCES OF LEGAL REGULATIONSOURCES OF LEGAL REGULATION
Act N. 258/2000 Coll., Public Health
Protection Act
- quality of drinking water
- quality of water in public pools
2
SOURCES OF LEGAL REGULATIONSOURCES OF LEGAL REGULATION
Act N. 164/2001 Coll., Balneology Act
- sources of mineral water
- natural curing spas and balneotherapeutic
places
SOURCES OF LEGAL REGULATIONSOURCES OF LEGAL REGULATION
Act N. 274/2001 Coll., Water Supply and
Sewage Act
- drinking water supply
- sewage system
- indirect discharge – the one, which is not
discharged to the surface water body, but
into waste water treatment facility
SOURCES OF LEGAL REGULATIONSOURCES OF LEGAL REGULATION
Act No. 114/1995 Sb., on inland navigation
3
DifferentDifferent kindskinds ofof waterswaters
Surface
waters
Ground
waters
Waste waters
Mineral waters
Mining waters
LEGAL NATURE OF WATERSLEGAL NATURE OF WATERS
Surface and ground waters are "res nullius"
DIFFERENT USE OF WATERSDIFFERENT USE OF WATERS
Utilization of energetic potential of waters
Navigation
Consumption for different purposes
Waste water discharge
Fish and poultry production and others
4
DIFFERENT WAYS OF WATER POLLUTIONDIFFERENT WAYS OF WATER POLLUTION
• Waste water discharge
• Hazardous substances management
• Industrial and other accidents
AIM OF THE REGULATIONAIM OF THE REGULATION
- to protect inland waters
- to regulate their use
- to maintain and improve the quality of
surface and ground waters
- reduce unfavorable effects of floods and
froughts
- to protect waterworks and to keep them
safe
REGULATORY TOOLSREGULATORY TOOLS
• Administrative instruments
• Setting of limitations and standards
• Protected and protective areas
• Bans and duties of persons
• Water planning – river basin plans and program
of measures
• Monitoring, reporting and record-keeping
5
REGULATORY TOOLSREGULATORY TOOLS
• Authorization
• Economic tools
• Sanctions
• River basin administration
• State administration
ADMINISTRATIVE INSTRUMENTSADMINISTRATIVE INSTRUMENTS
• permits
• approvals
• opinions.
LIMITATIONS AND STANDARDSLIMITATIONS AND STANDARDS
• Effluent limitations
• Water quality standard
6
SPECIAL AREA PROTECTIONSPECIAL AREA PROTECTION
• Protected areas with natural water
accumulation
• Protective areas
• Sensitive areas
• Vulnerable areas
• Waters suitable for swimming
• Surface waters supporting fish
BANS AND DUTIESBANS AND DUTIES
• to protect inland waters,
• to apply the best available technology,
• to furnish all buildings with a water supply
and adequate technology to dispose waste
waters
• requirements for handling dangerous
substances
• reporting and emergency requirements
• and others
WATER PLANNINGWATER PLANNING
• the plan of the main river basins
• regional plans of river basins
• programmes of measures to be taken
• the action programmes
• pollution reduction programmes.
7
ECONOMIC TOOLSECONOMIC TOOLS
The fees are imposed for:
- waste water discharge
- drawing the ground water
- drawing the surface water.
SANCTIONS
• corrective measures,
• fines up to 20 million
crowns,
• termination of the
operation.
RIVER BASIN ADMINISTRATIONRIVER BASIN ADMINISTRATION
Watercourse administrators
- state organizations (enterprises) taking
care of river basins and significant
watercourses. Smaller watercourses are
taken care of by municipalities or other
persons who use it in a prevailing manner.
8
STATE ADMINISTRATIONSTATE ADMINISTRATION
Ministry of the Environment
- state supervision
- problems with water pollution
Ministry of Agriculture
- central water law authority
- mainly quantity of the water
Ministry of Health, hygienists
Ministry of Transportation
Water law offices
Czech Environmental inspectorate