NATURE PROTECTION Ilona Jančářová NATURE PROTECTION •Act No. 114/1992 Coll. on the Nature and Landscape Protection (the Nature Protection Act), as amended •Act N. 100/2004 Coll., on the Trade in Endangered Species of Wild Flora and Fauna •Act N. 115/2000 Coll., on the Compensation of the Damage Caused by Certain Especially Protected Animals •Act No. 449/2001 Coll., on the Game-keeping, •Act No. 99/2004 Coll., on the Fishery, both as amended NATURE PROTECTION ACT a) a)General protection b) b)Special protection • - teritorial (site related) • - generic (species related) General protection •Territorial systems of ecological stability (TSES) •Significant landscape components (SLC) •Landscape character •All wild animals and plants including all european birds •Trees and shrubs •Caves •Protection of paleontological findings Special protection of species •Specially protected species of animals • •Specially protected species of plants • •Monumental trees • •Minerals Special territorial protection •Especially protected areas: –national parks –protected landscape areas –national natural reserves –natural reserves –national natural monuments –natural monuments. –NATURA 2000: •special bird protection areas (Directive 79/409/EEC on the conservation of wild birds) (SPAs) •sites of Community interest (Directive 92/43/EEC on the conservation of natural habitats and of wild fauna flora) special areas of conservation (SACs) • A Site of Community Importance (SCI) is defined in the European Commission Habitats Directive (92/43/EEC) as a site which, in the biogeographical region or regions to which it belongs, contributes significantly to the maintenance or restoration at a favourable conservation status of a natural habitat type or of a species and may also contribute significantly to the coherence of Natura 2000, and/or contributes significantly to the maintenance of biological diversity within the biogeographic region or regions concerned.[1] They are proposed to the Commission by the State Members and once approved, they can be designated as SACs by the State Member. Tools of legal regulation •Administrative tools: –permits (to fall down big trees) –binding opinions (to projects which are not prohibited in specialy protected areas, to activities carried out in significant landscape components or in the landscape) –decision to stop or limit activity which might threathen the nature –decision to take measures to correct behavior –establishment of protected areas –exemptions (from the special protection rules). • Tools of legal regulation •Economic tools –state support to take measures for enhancing the environment (owners of the land) –fees to enter national parks (tourists) –land tax exemption in the area of national parks (owners of the land) –financial compensations for restrictions in use of the property in specially protected areas (owners of the land). • Tools of legal regulation •Bans and duties of persons. •Registration (significant landscape components) •Administrative agreements. •Monitoring and record-keeping. •Rules for entering the landscape. •Biological assessment and assessment of impacts of strategic documents and activities in special bird protection areas and in sites of Community interest. •Management plans for especially protected areas. •Protective zones. •Public participation. • Tools of legal regulation •Sanctions: –the duty to restore/corrective measures –duty to compensate the damage –natural persons: fine up to 100 000,- Czech crowns (may be doubled) and up to –- legal persons and enterpreneurs: fine up to 1 000 000,- Czech crowns (may be doubled) –withdrawal of illegally held specimens. • Liability for damage • •Act N. 115/2000 Coll. Damages caused by specially protected animals: -Beaver -Otter -Wolf -Bear -Cormorant -Moos/elk -Lynx - STATE ADMINISTRATION •the Ministry of Environment •the Czech Environmental Inspectorate •regional authorities •National Parks and Protected Landscape Areas Administrations •Municipal authorities • Trade in Endangered Species of Wild Flora and Fauna •Act No. 100/2004 Coll., on the Trade in Endangered Species of Wild Flora and Fauna •Council Regulation No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, as amended •Council Regulations No. 1808/2001, 348/81, 3254/91, 35/97, 2087/2001, •Council Decision No. 97/602/ES, •Council Directive 83/129. STATE ADMINISTRATION •the Ministry of the Environment •the Ministry of Finance •the Czech Environmental Inspectorate •customs authorities •the Veterinary Administration •Plant-Treatment Authorities •regional authorities excluding the territory of National Parks and Protected Landscape Areas •National Parks Administrations and Protected Landscape Areas Administration