287/1994 Coll.
ACT OF THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC
dated August 23, 1994
On the Preservation of Nature and Landscape
In wording of the NC SR No. 222/1996 Coll.
The National Council of the Slovak Republic has concluded this Act:
PART ONE
INTRODUCTORY PROVISIONS
Article 1
Purpose of the Act
The purpose of this Act is to contribute to the conservation of diversity
of conditions and forms of life on the earth by developing conditions for
the permanent survival, recovery and rational exploitation of natural resources,
1) preservation of natural heritage 2) and the characteristic appearance
of the landscape and the achievement and conservation of ecological stability.
3)
-
Article 7 of Act No. 17/1992 Coll. on the environment.
-
Article 2 of the Convention on the Preservation of World Cultural and Natural
Heritage (Order of the Federal Ministry of Foreign Affairs No. 159/1991
Coll.).
-
Article 4 of Act No. 17/1922 Coll.
Article 2
Subject of the Act
-
The Act modifies the competence of the state administration and communities,
as well as the rights and duties of legal entities and natural persons
on the Preservation of Nature and Landscape.
-
Preservation of Nature and Landscape according to this Act is understood
to be the foregoing and limiting of such disturbances that endanger, harm
or destroy the conditions and forms of life, natural heritage, the characteristic
appearance of the landscape, reducing its ecological stability, as well
as removing the after-effects of these disturbances. Preservation of nature
is also understood to be the care of eco-systems. 4)
-
The Preservation of Nature and Landscape according to this Act is also
provided to sections of the environment, 5) if this is not established
otherwise by special provisions 6).
-
This Act is not related to the preservation of
-
agricultural crops and cultures, 7)
-
economically significant species and kinds of plants and animals, 8)
-
vegetable and animal pests of the outer and inner quarantine, 9) if their
genome-fund is not endangered.
-
vegetable and animal originators of infections and diseases of humans and
animals, 10) if their genome-fund is not endangered.
____________________________________________________________________________________
4) Article 3 of Act No. 17/1992 Coll.
5) Article 2 of Act No. 17/1992 Coll.
6) For instance the Slovak National Council Act No. 277/1994 Coll.
on health care, Act No. 138/1973 Coll. on waters (Water Act) in wording
of the Slovak National Council Act No. 238/1993 Coll., Act No. 61/1977
Coll. on forests in wording of Act No. 229/1991 Coll. and the Slovak National
Council Act No. 183/1993 Coll. (full wording laid down under No. 14/1994
Coll.), Act No. 44/1988 Coll. on the preservation and exploitation of mineral
resources (Mining Act) in wording of the Slovak National Council Act No.
498/1991 Coll., Act No. 309/1991 Coll. on the protection of the atmosphere
against contaminating substances (Act on the Atmosphere) in wording of
Act No. 218/1992 Coll. and the Slovak National Council Act No. 307/1992
Coll. on the protection of agricultural soil resources.
7) Act No. 61/1964 Coll. on the development of vegetable production
in wording of Act No. 132/1989 Coll. and the Slovak National Council Act
No. 184/1993 Coll.
8) Act No. 132/1989 Coll. on the protection of rights concerning new
varieties of plants and breeds of animals.
Order of the Federal Ministry of Agriculture and Food No. 134/1989
Coll., issuing a list of commercially significant breeds and families of
plants and animals in wording of the Order of the Federal Ministry of the
Economy No. 515/1991 Coll.
9) For instance Act No. 161/1964 Coll. in wording of later provisions,
Order of the Ministry of Agriculture, Forest and Water Management and the
Ministry of Justice No. 62/1964 Coll., issuing the executing provisions
to the Act on Vegetable Production, Order of the Ministry of Agriculture,
Forest and Water Management No. 63/1964 Coll. on the protection against
roping of pests and plant diseases and the import, transport and export
(external quarantine) of weeds.
10) The Slovak National Council Act No. 277/1994 Coll.
Article 3
Basic concepts
For the purpose of this Act it is assumed that:
-
The territorial system of ecological stability is a whole-space structure
of mutually interconnected eco-systems, its components and elements, ensuring
the diversity of conditions and forms of life in the country. The basis
of the system is represented by bio-centres, bio-corridors and interactive
elements of beyond-district, district or local significance,
-
Components of eco-systems such as rocks and minerals, 11) relief, landscape,
water, atmosphere, vegetation, animal realm and anthropogenic objects and
substances; the components consist of eco-system elements, mainly subjects
of vegetable types, animals, minerals and fossils, their parts and development
stages, relief shapes, landscape types, lakes, water flows, springs, sinks,
forms of settlement and exploitation of the landscape
-
A significant landscape element is a region of the landscape, creating
a characteristic outlook of the landscape or which contributes to its ecological
stability, mainly forest, wetland, river bank growth, lake, fen, river,
reef, narrow passage, stone slather, sand spill, park, alley, yard,
-
A bio-centre ecosystem or group of ecosystems, creating permanent conditions
for reproduction, shelter and food for living organisms and on the preservation
and natural development of its society,
-
A bio-corridor is a spatially interconnected collection of ecosystems,
connecting the bio-centres and enabling their migration and interchange
of genetic information of living organisms and their communities, with
whom the inter-active elements spatially interlock,
-
An interactive element is a certain ecosystem, its element or group of
ecosystems, mainly a grassy area, wetland, forest growth, lake, interconnected
with bio-centres and bio-corridors, insuring their favourable impact at
surrounding parts of the landscape altered or violated by human beings,
-
A standard plant (hereafter “plant“) is a subject of the vegetable family,
the population of which is maintained on its own; the plant is considered
to be all its development stages including the mortified subjects, its
above-ground and under-ground parts, with no dependence on where they are
located.
-
A standard animal (hereafter “animal“) is an animal of the zoological family,
the population of which is maintained on its own; the animal is considered
to be all its development stages including the mortified subjects, with
no dependence on where they are located.
-
woody plants growing outside of the forest area are woody plants or bushes
growing on their own or in groups outside the forest growth (hereafter
“woods“),
-
the genome-fund is a collection of the hereditary properties of plants
and animals,
-
the biotope is an environment of a certain individual plant or animal,
its population and community,
-
a separately protected part of nature and landscape is a Protected Landscape
Territory, Private Protected Territory, Protected Species or Protected
Woody plant.
-
Article 2 of Act No. 44/1988 Coll.
PART TWO
GENERAL PRESERVATION OF NATURE AND LANDSCAPE
Article 4
Basic rights and duties in the General Preservation of Nature
and Landscape
(1) It is compulsory for everyone to protect nature and landscape against
the endangerment, harm and destruction and to take care of its components
and elements within limits, mainly for the purpose of preservation and
protection, improving the condition of the environment, creation and preservation
of a territorial system of ecological stability.
(2) The significant landscape element can only be used in such a way,
that its state will not be disturbed and its ecological-stabilising function
will not be endangered or weakened.
(3) The creation and conservation of a terrestrial system of ecological
stability is in the public interest. Everybody who intends to perform a
competence that might endanger or disturb the terrestrial system of ecological
stability, is obliged to propose measures to contribute to the creation
and conservation, 12)
(4) Legitimate legal entities and natural persons that interfere by
their competence into ecosystems, its components or elements are obliged
on their own expenses to adopt measures that forego and limit its harm
and destruction. These subjects must involve the measures that ensure the
conditions of preservation according to this act and provisions issued
on their adoption, into designs of projects, programs, plans and other
documentation designed according to special provisions. 13)
12) For instance Article 7 of the Slovak National Council Act No.
307/1992 Coll.
13) For instance Act No. 138/1973 Coll. in wording of the Slovak National
Council of the Slovak Republic Act No. 238/1993 Coll. and Act No. 50/1976
Coll. on territory planning and structural system (Building order) in wording
of Act No. 103/1990 Coll. and Act No. 262/1992 Coll., Act No. 61/1977 Coll.
in wording of the later issue, the Slovak National Council Act No. 51/1988
Coll. on mining competence, explosives and on the state mining administration
in wording of the Slovak National Council Act No. 499/1991 Coll., Act of
the Slovak National Council Act No. 52/1988 Coll. on geological works and
on the Slovak Geological Institute in wording of the Slovak National Council
Act No. 497/1991 Coll., the Slovak National Council Act No. 330/1991 Coll.
on ground arrangements, land property set-up, real estate institutions,
ground fund and on ground societies in wording of the Slovak National Council
Act No. 293/1992 Coll., the Slovak National Council Act No. 323/1992 Coll.
and the Slovak National Council Act No. 187/1993 Coll.(the complete wording
stated under No. 12/1994 Coll.).
Article 5
General Preservation of Plants and Animals
-
Legitimate legal entities and natural persons performing any activities
are obliged to proceed so that no unnecessary dying of plants and animals
or harm and destruction of its biotope might occur.
-
Plants including their fruit and mushroom pilei can be collected or picked
without the approval of the land owner for personal need only, if it is
not under Special Protection according to part three of this Act or if
special provisions do not specify otherwise. 14)
-
Anyone who does business with plants is obliged on the appeal of the State
Nature Preservation Body, to prove that they were not obtained in discrepancy
to section 2.
-
If a competence that is stated in sections 1 and 2 tends to endanger the
existence of plant and animal genomes or their degeneration, or violation
of their reproduction capabilities or extinction of their population, a
Nature Preservation Body can restrict or forbid the competence after previous
warning.
-
It is forbidden to capture and kill animals. This ban is abrogated in instances
where human life and health is endangered or damage to his property is
threatened, or if special provisions establish it. 15)
14) For instance Act No. 61/1994 Coll. in wording of later issue,
the Order of the Ministry of Agriculture, Forest and Water Management and
the Ministry of Justice No. 132/1989 Coll., Act No. 61/1977 Coll. in wording
of later issue, the Slovak National Council Act No. 100/1977 Coll. on management
in forests and the state administration of forest management in wording
of the Slovak National Council No. 131/1991 Coll., the Slovak National
Council Act No. 510/1991 Coll. and the Slovak National Council Act No.
183/1993 Coll. (full wording laid down under No. 15/1994 Coll.).
15) For instance Act No. 23/1962 Coll. on hunting in wording of the
Slovak National Council Act No. 100/1977 Coll., the Slovak National Council
Act No. 510/1991 Coll. and the Act of the National Council of the Slovak
Republic No. 99/1993 Coll., Act No.102/1963 Coll. on fishing in wording
of Act No. 229/1991 Coll., Act No. 87/1987Coll. on veterinary care in wording
of Act No. 239/1991 Coll. (full wording laid down under the No. 215/1992
Coll.).
Article 6
Levels of Territorial Protection of Nature and Landscape
-
For the Territorial Preservation of Nature and Landscape, five levels of
protection have been established. The extent of the limitation increases
with the increase of the protection level.
-
The first level of protection is valid on the whole territory of the Slovak
Republic and acts as general protection. The second to the fifth levels
are valid for Protected Territories and Protected Regions according to
the third section of this Act and act as Special Protection.
Article 7
The first level of protection
On a territory where no Special Protection according to this Act has
been provided, the first level of protection is valid and the approval
of the Nature Preservation Body is required accordingly on the following:
-
placing of manure and fencing the land outside settlements with the exception
of the fencing in forests for the purpose of culture protection against
damage caused by animals, disposal of terraced agricultural lands on hill
slopes and disposal of limits where the approval or opinion of the Nature
Preservation Body is not required according to special provisions, 16)
-
filling up and draining of marshes, lakes, fens and other lands,
-
exploitation of reeds, plants, muck and clay and extending this exploitation
beyond water flows, 17)
-
meaningful mixture of plants or animals and spreading their hybrids outside
of places reserved by the Nature Preservation Body,
-
meaningful spreading of non-native species of plants and animals and native
species of other geographic references in the land outside of settlements
and without the stated species in the approved forest management plan,
-
using of carnivorous birds for falconry and animals for capturing or killing
other animals,
-
breeding of animals and cultivation of Protected Plants according to the
third section of this Act, as well as establishing breeding and rehabilitation
stations for animals, zoological gardens, zoological rests, botanical gardens
and arboreta,
-
placement and type composition of wood in public places and in open landscape,
with the exception of forests and fields with agricultural growth, before
planting it,
-
placement and enlargement of a garden and cottage settlements,
-
placement of advertising boards and equipment, mounting posters and placing
eye-catchers outside of settled communities,
-
aerial application of chemical substances and manure,
-
wood floatation down water flows,
-
mass sport, recreational and other social undertakings outside of settled
communities and reserved sport and recreational areas,
-
establishing and enlarging areas designed for military facilities, national
defence and security, civil defence training, civil defence and fire prevention,
-
burning of growth/vegetation.
16) For instance Act No. 61/1977 Coll. in wording of later provisions,
the Slovak National Council Act No. 100/1977 Coll. in wording of later
provisions, the Slovak National Council Act No. 307/1992 Coll.
17) Article 31 of Act No. 138/1973 Coll.
Article 8
Approval of the Nature Preservation Body
(1) In the approval issued according to this Act, the Nature Preservation
Body can specify in more detail the conditions on performing activities
ensuring nature preservation.
(2) The Nature Preservation Body will limit or ban the competence after
previous notification, until failures are removed, from which consequences
where considerable harm to nature and landscape is threatened, or the competence
has caused such considerable harm.
(3) If by the competence of failing to ask for approval according to
this Act nature is harmed or destroyed, the Nature Preservation Body can
hand down a verdict to the offender to remove the harmful after-effects
of his competence within the specified term and to specify conditions for
its further execution. If the harmful after-effects are not removed within
the specified term, the Nature Preservation Body can do it on the expenses
of the offender.
(4) The Nature Preservation Body can limit or ban the competence of
the subject if he did not meet the terms specified in the statement on
approval according to section 1 or duties imposed in the issued statement
according to section 3. At the same time, the Nature Preservation Body
can limit or ban the competence of a subject performing a competence that
requires the approval of the Nature Preservation Body, if the subject so
acts without the approval or in spite of the ban according to this Act.
If the harmful after-effects in nature and landscape raised from the competence
listed above are not removed within the specified term, the Nature Preservation
Body can do it on the expenses of the offender.
Article 9
Statement of the Nature Preservation Body
(1) The statement of the Nature Preservation Body is required for all
resolutions of other bodies of the state administration, if the interests
protected by this Act can be affected by the resolutions, namely on the
following:
-
a territorial statement, 18)
-
a building license, 19)
-
the permission to engage in a mining competence and a competence executed
in a mining way, 20)
-
a license on water-management works, namely on the interception of springs,
dams and water basin constructions, water flow provision constructions,
protection against floods, irrigation and disposal of water, as well as
on constructions destined for water transport purposes in water flows or
their banks, 21)
-
a license to drain waste and uncommon waters into surface and groundwater,
22)
-
a license to plant woody plants and bushes in flood areas, 23)
-
a license on the exploitation of river-bed material 24) and the approval
on the filling up and disposal of dead tributaries of water flows, 25)
-
a statement on the status of reservations for animals, 26)
-
a license to shoot or capture non-hunting animals and animals protected
throughout the year,
-
a license on the competence of breeding a new kind of fish or other water
animals, 27)
-
a statement on the promulgation of protected forests and forests of a special
purpose, 28), its cancellation or change,
-
a license or decree on land adjustment, 29)
-
a decree on mass steps against plant pests, 30)
-
the location and permission of the construction of a large or medium pollution
source including its changes and the operation’s commencement, 31)
-
the deforesting of land and construction of mountain trails and logging
roads outside the approved forest management plan.
(2) The statement of the Nature Preservation Body is also required
for the approval and amendment of
-
territory planning documentation, 32)
-
a forest management plan and a summary of the forest management plan, 33)
-
a decisive water management plan, 34)
-
hunting season for individual species of animals, or perhaps their protection,
35)
-
a re-cultivation plan, 36)
-
a project of geological works, 37)
-
a plan on the construction of highways, roads and local transportation
networks, 38)
-
a program for waste management, 39)
-
a project of land adjustment. 40)
-
The statement of the Nature Preservation Body on a change of the sort of
agricultural land, its afforestation or change from non-agricultural land
to agricultural according to special prescription 41) is issued in the
form of obligatory reference.
-
Article 32 to 42 and Article 126 of Act No. 50/1976 Coll. in wording of
Act No. 262/1992 Coll.
-
Article 66 to 70, Article 120, 121 and 126 of Act No. 50/1976 Coll. in
wording of Act No. 262/1992 Coll.
-
For instance Article 9 to 13 and Article 17 to 19 of the Slovak National
Council Act No. 51/1988 Coll. in wording of the Slovak National Council
Act No. 499/1991 Coll.
-
Article 9 and 11 of Act No. 138/1973 Coll.
-
Article 23 of Act No. 138/1973 Coll.
-
Article 10 a) and Article 11 of Act No. 138/1973 Coll.
-
Article 10 b) of Act No. 138/1973 Coll.
-
Article 13 par. 1 f) of Act No. 138/1973 Coll.
-
Article 18 of Act No. 23/1962 Coll. in wording of the Slovak National Council
of Slovak Republic Act No. 99/1993 Coll.
-
Article 21 of Act No. 102/1963 Coll.
-
Article 6 and Article 27 par. 1 g) of the Slovak National Council Act No.
100/1977 Coll. in wording of later provisions.
-
For instance Article 1, Article 2 d), f), g) and h), Article 5 par. 2,
Article 7 and 8 of the Slovak National Council Act No. 330/1991 Coll. in
wording of the Slovak National Council Act No. 187/1993 Coll.
-
Article 25 par. 2 of Act No. 61/1964 Coll. Article 36 of the Order of the
Ministry of Agriculture, Forest and Water Management and the Ministry of
Justice No. 62/1964 Coll.
-
Article 3 par. 2 a) and b) and Article 11 par. 1 a) of Act No. 309/1991
Coll. in wording of the Slovak National Council Act of the Slovak Republic
No. 148/1964 Coll.
-
Article 21 to 28 and Article 126 of Act No. 50/1976 Coll. in wording of
Act No. 262/1992 Coll.
-
Article 3 and 4, Article 27 par. 1 d) and f) and Article 28 e) of the Slovak
National Council Act No. 100/1977 Coll. in wording of later provisions.
-
Article 8 of the Slovak National Council Act No. 138/1974 Coll. on the
state administration in water management.
-
Article 26 of Act No. 23/1962 Coll.
-
Article 4 par. 3 g) of Act No. 61/1977 Coll.
Article 26 par. 1 c) of the Slovak National Council Act No. 100/1977
Coll. in wording of the Slovak National Council Act No. 510/1991 Coll.
Article 3 of the Order of the Ministry of Agriculture, Forest and Water
Management of the Slovak
Socialist Republic No. 103/1977 Coll. on proceedings on the protection
of the forest land fund.
-
Article 6 of the Slovak National Council Act No. 52/1988 Coll. in wording
of the Slovak National Council
Act No. 497/1991 Coll.
Article 12 of the Order of the Ministry of the Environment of the Slovak
Republic No. 217/1993 Coll. on the projection, execution and evaluation
of geological works.
38) Article 2 of Act No. 135/1961 Coll. on ground transportation networks
(Route Act) in wording of Act No. 27/1984 Coll.
39) Article 4 e) and Article 5 par. 3 b of the Slovak National Council
Act No. 494/1991 Coll. on the state administration in waste management.
-
Article 12 and 13 of the Slovak National Council Act No. 330/1991 Coll.
in wording of the Slovak National Council Act No. 187/1993 Coll.
41) Article 3 of the Slovak National Council Act No. 307/1992 Coll.
Article 10
License to Act according to Special Provisions
The body of the state administration, issuing a decision on the License
to Act according to Special Provisions, for which the approval or statement
of the Nature Preservation Body is required according to this Act, will
not render a decision before receipt of the approval or statement.
PART THREE
SPECIAL PROTECTION OF NATURE AND LANDSCAPE
CHAPTER ONE
PROTECTION OF TERRITORY
Article 11
Concept
The protection of territory in the second to the fifth level of protection
is understood as the Special Protection of Nature and Landscape in a specified
territory according to this Act.
Article 12
Categories of Territories under Protection and Protected
Ranges
(1) Significant or endangered parts of nature and landscape can be declared
as Territories under Protection in the following categories:
-
Protected Range of Region,
-
National Park,
-
Protected Area,
-
Nature Reservation,
-
Natural Landmark.
(2) If it is about the interest of the preservation of a National Park,
Protected Area, Nature Reservation or Natural Landmark, the Nature Preservation
Body can declare it as a Protected Range in the manner used for the declaration
of the particular category of the Territory under Protection. If the Protected
Range of a National Park has not been declared along with the National
Park declaration, the Ministry of the Environment of the Slovak Republic
(hereafter “ministry“) can declare it after the settlement with the Ministry
of Agriculture of the Slovak Republic, certified by generalised legal provision.
Article 13
Protected Range of Region
(1) A territory of a larger area, regularly with an area over 1,000
hectares, with dispersed ecosystems significant for biological diversity
and ecological stability preservation, characteristic outlook of the landscape
or with specific forms of historical settlements can be established as
a Protected Range of Region by generalised legal provision of the ministry.
(2) On the territory of the Protected Range of Region, the second level
of protection is valid if special provisions do not establish this otherwise.
According to this level, the approval of the Nature Preservation Body is
required for the following:
-
the activities listed in Article 7 of this Act.
-
planting of forest mono-cultures, places of foreign forest coppice and
the exploitation of wood material in a clear-cutting process,
-
terrain adjustment changing the shape of the relief and changes in land
exploitation,
-
location of folds, objects and herd equipment or the intensive breeding
of an economically significant breed of animals,
-
intensive breeding of animals and fish, introduction of the breeding of
furry animals, cultivation of foreign species of plants and the breeding
of foreign species of animals outside of their environment,
-
recognition of hunting grounds,
-
deliberate spreading of the original species of plants and animals apart
from the planned forest management and agricultural activities,
-
execution of geological works, mining activities and activities performed
in a mining way,
-
placement of advertising boards and equipment, mounting posters outside
of communities reserved by the Nature Preservation Body,
-
application of chemical substances, namely pesticides, toxic substances,
artificial fertilisers and silage spray in agricultural, forest management
and other activities on an area larger than 2 hectares,
-
enlargement of the bed capacities for recreational purposes in localities
specified by the Nature Preservation Body,
-
construction and marking of the hiking paths, sport and recreational areas
and equipment of the tourist trade,
-
collection of plants, minerals, fossils and their parts in places specified
by the Nature Preservation Body,
-
execution of civil defence training outside areas intended for this purpose
and for the extraordinary building and operation of equipment used for
national defence and security,
-
waste storage.
(3) The ministry shall establish the details for conditions of the
preservation of a Protected Range of Region and defining its boundaries
by generalised legal provision.
Article 14
National Park
(1) A territory of a larger area, regularly with an area over 1,000
hectares, with prevailing ecosystems not altered considerably by human
competence or in unparalleled and natural land structure, if it creates
a beyond-district biocentre and the most significant natural heritage where
the preservation of nature is superior over all other activities, the government
can declare it a National Park by a governmental decree.
(2) On the territory of the National Park, if this is not established
otherwise by this Act, the third level of protection is valid, and the
approval of the Nature Preservation Body is required accordingly on the
following:
-
activities stated in Article 13 par. 2 of this Act,
-
ploughing-up and transposition of ground and clay and the treatment of
pastures,
-
grazing and stretching the herds of economically significant species of
animals and constructing devices for their protection,
-
provision changing the natural state of water flows, water areas, swamps,
wetlands, springs and sinks,
-
free roaming of domestic animals,
-
cultivation of foreign species of plants, breeding of foreign species of
animals besides locked up objects and the spreading of original species
of plants and animals by a human not mentioned in the approved forest management
plan,
-
marking of buildings, roads, passages, areas, woody plants and other objects
with information, advertising or other boards, equipment and signs and
the mounting of posters,
-
application of chemical substances apart from personal needs and the storage
of agrochemical,
-
voyage on boats or other means, scenic and training flights at low heights
by means of aerial transport,
-
the entering and parking of motor vehicles with the exception of vehicles
of public transport and transport-technological areas specified for that
purpose,
-
mountaineering and rock climbing, alpine skiing, camping, tenting and lighting
a fire beside the paths and places reserved by the Nature Preservation
Body,
-
collection of plants, minerals and fossils,
-
building and operation of equipment used for the protection and security
of national borders.
(3) On the territory of the Protected Range of a National Park (Article
12 par. 2), the second level of protection is valid (Article 13 sec. 2).
(4) The Nature Preservation Body can limit the extent and form of transportation
on the territory of a National Park and entrance into the park or its part,
if the purpose of the National Park’s declaration is in danger.
(5) The right to hunt and fish on the territory of a National Park
or in its parts according to special provisions 42) can be limited or prohibited,
if the purpose of the National Park’s declaration is in danger.
(6) The details on conditions for the protection of a National Park
and its Protected Range and the determination of its boundaries will be
established by a governmental decree.
42) Act No. 23/1962 Coll. in wording of later provision.
Act No. 102/1963 Coll. in wording of Act No. 229/1991 Coll.
Article 15
Provisions for Visitors of the National Park
The District Environmental Institution, whose terrestrial district
contains the largest part of the National Park, after settlement with the
District Environmental Institutions whose terrestrial districts contain
other parts of the National Park, after the expression of the affected
communities and after negotiation with the management of the National Park,
will issue the Provisions for Visitors of the National Park by generalised
legal provision, where namely the details on the duties of visitors, the
extent and form of transportation and cultural-educational use will be
defined. The Provisions for Visitors can also be issued for a part of the
territory of the National Park.
Article 16
Protected Area
(1) The territory of a smaller area, regularly with an area up to 1,000
hectares, which are mainly considered biocorridors, interactive elements
or biocentres of local or district significance, can be declared as a Protected
Area by generalised legal provision issued by the District Environmental
Institution.
(2) A territory with a more lasting occurrence of Protected Species
of animals or habitats of Protected Species of plants, minerals and fossils,
areas used for natural-scientific and cultural-educational purposes and
some parts of nature created by human competence, mainly artificial water
areas, arboreta, parks, gardens and quarries can also be declared as a
Protected Area.
(3) On the territory of a Protected Area, the fourth level of protection
is valid, prohibiting accordingly as follows:
-
exploitation of wood material by a clear-cutting process and building logging
roads not mentioned in the approved forest management plan,
-
folding herds of economically significant species of animals,
-
exploitation of reeds, plant, muck, loess, clay, soil, sand and gravel,
the execution of geological works, mining activities, activities performed
in a mining way and the use of heavy machinery apart from places protected
by the Nature Preservation Body,
-
changing the water behaviour of the landscape,
-
planting and spreading foreign species of plants, growing and spreading
foreign species of animals, as well as original species of plants and animals
of another geographic reference not mentioned in the approved forest management
plan,
-
free roaming of domestic animals, especially dogs
-
building of industrial objects and equipment, field manure pile, gardening
settlements, sites and habitable complexes as well as objects and equipment
inhibiting the migration of living organisms and the exchange of their
genetic information,
-
placement of information, advertising or other boards, equipment and mounting
of posters outside of places protected by the Nature Preservation Body,
-
situating or enlarging waste storage sites and storing agrochemicals,
-
using chemical substances for the sprinkling of roads and paths,
-
aerial application or other large area usage of chemicals and fertiliser,
-
performing of sport and recreational competence, camping, tenting and lighting
a fire beside the paths and places protected by the Nature Preservation
Body,
-
collection of plants, animals, minerals, fossils and their parts with the
exception of scientific survey activities to the permitted extent,
-
performing civil defence training,
-
burning of growth/vegetation.
(4) The prohibition of an action according to par. 3, e) is not related
to the Protected Area or their parts intended for such competence, mainly
zoological gardens, arboreta, botanical gardens and parks.
(5) For the activities stated in Article No. 14 par. 2 of this Act,
if not denied according to par. 3, the approval of the Nature Preservation
Body is required for a territory with the fourth level of protection.
(6) On the territory of a Protected Range of the area under protection
(Article No. 12, par. 2), the third level of protection is valid (Article
14 par. 2).
(7) The details of the conditions for the preservation of a Protected
Area and the determination of its boundaries will be established by an
Order, which will declare the Protected Area and its Protected Range.
Article 17
Nature Reservation
(1) The territory of a smaller area, regularly with an area up to 1,000
hectares, which are mainly considered biocorridors, interactive elements
or biocenters of local or district significance, can be declared as a Nature
Reservation by generalised legal provision issued by the District Environmental
Institution.
(2) The ministry can establish a Nature Reservation, generally representing
the beyond-district bio-centre as a component of the most significant natural
heritage of the state, as a National Nature Reservation by generalised
legal provision.
(3) On the territory of a Nature Reservation and National Nature Reservation,
the fifth level is valid, prohibiting accordingly as follows:
-
performing the activities stated in Article 16 par. 3 of this Act,
-
interfering with forest growth, the cutting down of woody plants and harming
vegetative and soil cover,
-
changing the shape of the relief, ploughing-up and transposing soil and
clay and executing geological works, mining competence and competence executed
in a mining way,
-
grazing and stretching the herds of economically significant species of
animals,
-
changing the natural state of water flows, water surfaces, marshes, wetlands,
springs and sinks,
-
hunting animals and fish and establishing salt licks and feeders for animals,
-
bringing domestic animals, foreign and derivative species of plants and
animals into the reservation,
-
building and enlarging objects and equipment not intended for water-protective,
soil-protective, forest-protective or other demands of nature protection,
-
building cottage settlements, sport and recreational facilities,
-
placement of posters, advertising or other boards, equipment and signs
not intended for purposes of nature protection,
-
contamination of the territory by waste, litter and waste storage, 43)
-
use of chemicals and fertiliser,
-
entering and parking of transport vehicles with the exception of those
intended for water-protective, soil-protective, forest-protective or other
demands of nature protection and management or maintenance of utilities,
-
boating and executing scenic and training flights at low heights,
-
wandering in unmarked places and tracks,
-
starting a fire, smoking, camping, tenting, performing sport and recreational
competence with the exception of hiking on educational and hiking paths,
mountaineering, rock climbing and alpine skiing in places reserved by the
Nature Preservation Body,
-
disturbing peace and quiet,
-
collecting plants, minerals and fossils,
-
stationing equipment for national defence and security with the exception
of the defence of national borders.
(4) For the activities stated in Article No. 14 par. 2 of this Act,
if not denied according to par. 3, the approval of the Nature Preservation
Body is required for a territory with the fifth level of protection.
(5) In cases of endangering the Nature Reservation or National Nature
Reservation, the Nature Preservation Body can prohibit any economic competence
and intervention into eco-systems, its components or elements. In cases
of its endangering by an excessive number of visitors, it can decide for
its closure to the public or the temporarily limiting of entry. The Nature
Preservation Body is obliged to negotiate the prohibition or limitation
of entry with the respective communities in advance.
(6) On the area of the protected range of a Nature Reservation or National
Nature Reservation (Article 12 par.2), the fourth level of protection is
valid (Article 16 par. 3 to 5).
(7) If the protected territory of the Natural Reservation or National
Natural Reservation was not declared according to Article 12 par. 2 of
this Act, the area 100 m from the border is considered to be a protected
range, where the third level of protection (Article 14 par. 2) is valid.
(8) The details on conditions of protection of a Nature Reservation
or National Nature Reservation, its protected territory and determination
of the boundaries will be determined by generalised legal provision, by
which the protected range and its territory under protection are declared.
43) Article 2 par. b) of the Governmental Decree of the Slovak Republic
No. 606/1992 Coll. on waste management.
Article 18
Natural Landmark
(1) The point, line or other minor area eco-systems, their components or
elements, regularly with an area up to 50 hectares, having scientific,
cultural, ecological, aesthetic or landscape creating significance, mainly
exposures, rocky formations, stony slathers, breach valleys, sand spill,
parts of water flows, springs, sinks and lakes, can be established by a
District Environmental Institution as a Natural Landmark through generalised
legal provision.
(2) The unique Natural Landmark, introducing a part of the most significant
natural heritage of the state, can be established by generalised legal
provision as a Natural Landmark.
(3) On the territory of a Natural Landmark and National Natural Landmark,
the fifth level of protection is valid (Article 17 par. 3 to 5).
(4) On the territory of the protected range of a Natural Landmark and
National Natural Landmark (Article 12 par. 2), the fourth level of protection
is valid (Article 16 par. 3 to 5).
(5) If the protected range of a Natural Landmark and National Natural
Landmark has not been declared according to Article 12 par. 2 of this Act,
the area 30 m from the border is considered to be a protected range, where
the third level of protection (Article 14 par. 2) is valid.
(6) The details on conditions of protection of a Natural Reservation
or National Natural Reservation, its protected range and determination
of boundaries will be established by generalised legal provision, by which
the territory under protection and its protected range are declared; for
Natural Landmarks according to Article 19 of this Act, the details will
be established by generalised legal provision of the ministry.
Article 19
Caves, abysses and natural waterfalls
(1) According to this Act, a cave is a hollow space in the crust of
the earth more than 3 m in length that came into existence by competence
of natural forces of inorganic origin.
(2) According to this Act, an abyss is a vertical cavern in the crust
of the earth in depth more than 5 m, that came into existence by competence
of natural forces of inorganic origin and its width does not reach the
depth.
(3) According to this Act, a waterfall is a formation in which the water
stream falls from a height of more than 1m across a terrace in its water
current by natural forces without human intervention
(4) Caves, abysses and natural waterfalls with their rocky terraces
are Natural Landmarks. The most significant of them can be declared as
National Natural Landmarks (Article 18 par. 2).
(5) To harm and destroy eco-systems and the décor of caves and abysses
and to contaminate their spaces is forbidden.
(6) Caves and abysses are educational localities. For their access and
other cultural-educational utilisation, the approval of the Nature Preservation
Body is necessary.
(7) The documentation on accessing caves and abysses must provide their
protection, mainly of the microclimate, water regime, eco-systems, decorations,
paleontological and archaeological findings.
(8) The entrance into an accessible cave and abyss as an educational
locality is possible with a guide only. The details will be defined in
the Provisions for Visitors, issued by the District Environmental Institution
after negotiation with the management of the cave or abyss.
(9) Article 18 par. 5 of this Act is not related to caves, abysses and
natural waterfalls.
Article 20
Exceptions from Conditions on Protection
(1) The restriction of competence in the fourth and fifth level of
protection is not valid if such a competence is obviously necessary in
securing the care of the territory under protection or its protected range,
or in case of the immediate endangerment of human life and health.
(2) Exceptions from restrictions established by this Act can in reasonable
cases be permitted by the Nature Preservation Body as the body competent
to declare the protection. If it concerns a National Park, then the ministry
is the competent body. If it concerns a Natural Landmark, according to
Article 19 par. 4 of this Act, it is the District Environmental Institution.
Article 21
Zones of Protected Range of Regions and National Parks
(1) Protected Range of Region can be divided into four zones at the
most. The zones are defined and graduated according to the disposition
of natural merits in the zones so that the fifth level of protection was
intended for zone A, the fourth level for zone B, the third level for zone
C and in the Protected Range of Region also the second level for zone D.
(2) The definition of individual zones will be established by generalised
legal provision.
(3) The zones will be recorded in the map details to a suitable scale
(Article 41 par. 4), stored at the territorially corresponding nature preservation
bodies. The Nature Preservation Body will mark the zone boundaries in the
terrain in the proper way.
Article 22
Private Protected Territory
(1) The owner of such an area of land, satisfying the conditions established
by this Act for a Protected Area (Article 16), Nature Reservation (Article
17) or Natural Landmark (Article 18) and the land has not been declared
as protected according to Article 12 par. 1 of this Act, can request the
District Environmental Institution for the declaration of the Private Protected
Territory, private Nature Reservation or private Natural Landmark (here
after “Private Protected Territory“).
(2) If the land satisfies the conditions for the declaration of territorial
protection according to par. 1, the District Environmental Institution
will conclude a written agreement with the owner of the land on the declaration
of the Private Protected Territory and on the extent of rights and duties
in providing for its protection.
(3) Based on the agreement, according to par. 2, the District Environmental
Institution will declare the proposed land for territorial protection as
a Private Protected Territory by formal public announcement. The established
protection is bound to the land in the form of material burden and will
be recorded into the real estate cadastre. 44)
(4) On the Private Protected Territory, according to this Act, the level
of protection corresponding to the appropriate category of the protected
territory is valid.
(5) The owner has the competency of Nature Watch to the land, which
was declared a Private Protected Territory (Article 58).
44) Article 151a and Article 151 r of the Civil Code.
Act No. 265/1992 Coll. on the registration of the owners’ and other
rights of using the real estate in wording of the Slovak National Council
Act No. 60/1994 Coll.
The Slovak National Council Act No. 266/1992 Coll. on the real estate cadastre
in the Slovak Republic.
Act No. 46/1971 Coll. on geodesy and cartography in wording of the
Slovak National Council Act No. 132/1994 Coll.
CHAPTER TWO
PROTECTION OF SPECIES
Article 23
The concept
Protection of Species, according to this law, is understood as the
Special Protection of Species of plants, animals, minerals and fossils
including their systematic units of lower place value (hereafter “Protected
Species).
Article 24
The categories of Protected Species
(1) Endangered, rare or otherwise significant species of plants, animals,
minerals and fossils can be established by generalised legal provision
of the ministry as a Protected Species in the following categories:
-
Protected Plants,
-
Protected Animals
-
Protected Minerals
-
Protected Fossils
(2) Protected Plants and Animals according to this Act are also considered
to be species protected by international agreements to which the Slovak
Republic is bound. 45)
(3) When the rating of a Protected Species is in doubt, the Subdistrict
Environmental Institution will make the decision.
(4) According to the level of endangerment, Protected Plants and Animals
are classified as follows:
-
endangered,
-
strongly endangered,
-
critically endangered.
-
The list and level of endangerment of Protected Plants and Animals according
to par. 4 will be established by generalised legal provision of the ministry.
45) For instance, the Convention on the International Trade of Endangered
Species of Wild Fauna and Flora – CITES (announcement of the Federal Ministry
of Foreign Affairs No. 572/1992 Coll.).
Article 25
Protected Plants
(1) It is forbidden to harm, destroy, pull out, dig up and collect
protected plants. Likewise, it is forbidden to harm and destroy their biotope.
(2) When rendering a statement, approval or other resolution according
to this Act, the Nature Preservation Body takes account not to allow the
meaningless harm or destruction to Protected Plants and their biotope.
(3) The protection according to this Act does not concern Protected
Plants in cases when
-
plants grow naturally inside agricultural and forest cultures and are harmed
or destroyed in connection with common coverage of these cultures,
-
the plants are grown in cultures acquired in permitted ways,
-
the plants are proved to be imported and are not subjects of international
conventions. 45)
(4) The common coverage of the cultures according to par. 3, a) is
not considered to be intervention resulting in a change of the hydrological
situation in the soil, land surface or chemical properties of the surroundings.
(5) If during the common coverage of the cultures according to par.
3 a) the harm or destruction of strongly or critically endangered Protected
Plants (Article 24 par. 4) occurs, the Nature Preservation Body can impose
an alternate protective action or limit or ban the disturbing influence.
(6) On the finding of Protected Plants in context with the preparation
or execution of the structure, special prescriptions are involved. 46)
-
The details on conditions of the preservation of protected plants, its
social evaluation, export and import, botanical gardens and arboreta, will
be established by generalised legal provision of the ministry.
------------------------------------------------------------------------------------------------------------------------------
45) For instance, the Convention on the International Trade of Endangered
Species of Wild Fauna and Flora – CITES (announcement of the Federal Ministry
of Foreign Affairs No. 572/1992 Coll.).
46) Article 127 of Act No. 50/1976 Coll.
Article 26
Protected Animals
(1) It is forbidden to disturb Protected Animals in their natural development,
mainly to kill, injure, catch and relocate them. It is also forbidden to
destroy and harm their biotope and habitat, namely nests, burrows and dens.
(2) When rendering a statement, approval or other resolution according
to this Act, the Nature Preservation Body takes account not to allow the
meaningless disturbance of the natural development of the Protected Animals,
nor harming or destroying their biotope and habitat.
(3) Protection according to this Act does not concern Protected Animals
in cases when intervention into their natural development is proved to
be necessary in connection with the common coverage of the estate or other
property, or because of hygienic and veterinary reasons. The Nature Preservation
Body can specify conditions on the execution of this competence in these
cases, and if it concerns critically endangered Protected Animals (Article
24 par. 4), it may limit or ban such a competence.
(4) On the finding of Protected Animals in context with the preparation
or execution of the structure, special prescriptions are involved. 46)
(5) The details on conditions of the protection of Protected Animals,
their biotope and habitat, social evaluation, export and import, botanical
gardens and arboreta, will be established by generalised legal provision
of the ministry.
46) Article 127 of Act No. 50/1976 Coll.
Article 27
Protected Minerals and Protected Fossils
(1) It is forbidden to harm and destroy Protected Minerals and Protected
Fossils.
(2) On the collection and processing of Protected Minerals and fossils,
as well as the trading of, the approval of the Subdistrict Environmental
Institution is necessary.
(3) The finder or the person responsible for the execution of works
are obliged to notify the Subdistrict Environmental Institution without
unnecessary delay about the finding of the protected mineral or protected
fossil.
(4) The Subdistrict Environmental Institution to whom the finding has
been notified, will issue a certificate on the finding notification to
the finder on his demand and will secure the provisions needed to protect
the finding.
(5) The protection will be secured on the place of the original finding.
If there is the threat of danger, harm or destruction to the finding because
of natural forces or human competence, the protection will be provided
by taking it from the place of the original finding and its deposition
in collections of national museums with natural science orientation.
(6) The taking, according to par. 5, can be administered by legal entities
and natural persons whose competence is aimed at the search, survey, survey,
exploitation, collection, recognition or protection of minerals and fossils
only, on the basis of special authorisation issued by the District Environmental
Institution.
(7) If there is the threat of harm, stealing or destruction to the protected
mineral or fossil, or if a security provision might threaten the steady
operation of the legal entities and natural persons with enterprising authorisation,
the finder is obliged to execute the careful taking of the finding.
(8) If the Subdistrict Environmental Institution will not assert the
right against the finder in written form on the surrender of the finding
within a period of three months of the day of notification, the finder
becomes the owner of the finding. Otherwise, the finder has the right to
the finder’s fee up to ten percent of the social value of the finding.
The finder also has the Right to Compensation of the inevitable expenses
that arose in connection to the finding. The Subdistrict Environmental
Institution will decide about the finder’s fee and compensation without
unnecessary delay. The right to the finder’s fee and compensation of the
inevitable expenses is lost, if the finder does not assert this right within
six months of the day of the finding.
(9) On the finding of Protected Minerals and Protected Fossils in connection
with the preparation and exploitation of the construction, special prescriptions
are involved. 46)
(10) The Protected Minerals and Protected Fossils taken are considered
to be assets of museum significance and special prescriptions are involved.
47)
(11) Details on the protection and taking of Protected Minerals and
Protected Fossils and their social evaluation will be established by generalised
legal provision of the ministry.
46) Article 127 of Act No. 50/1976 Coll.
47) Article 13 and 14 of the Slovak National Council Act No. 109/1961
Coll. on museums and galleries.
Order of the Chair of the Slovak National Council No. 11/1964 Coll.
on the export of cultural heritage and assets of museum significance.
Order of the Minister of Foreign Affairs No. 15/1980 Coll. on the Convention
of the illegal import, export and assignment of cultural heritage restriction
arrangements.
Article 28
Export of Protected Species
-
The export of Protected Species of plants, animals, minerals and fossils
(Article 24 par. 1) is possible only with the approval of the ministry.
-
The approval according to par. 1 does not supersede the approval according
to special provisions. 48)
48) For instance Article No. 87/1987 Coll. in wording of Article No.
239/1991 Coll.
Article 29
Trade with plants and animals protected by the International
Convention
-
For the export, import and repeated export of plant and animal specimens
protected by the International Convention the Slovak Republic is bound
to, 49) the approval of the ministry is required.
-
For the import of plants and animals protected by the International Convention
49) on the territory of the Slovak Republic, apart from the approval according
to par.1, the written approval of the competent state body of the exporter
is also required.
-
The bodies of the Customs Administration supervise the abidance of conditions
stated in par. 1 and 2.
-
It is possible to trade in species of Protected Plants and Animals according
to Annex I of the International Convention 49) on the territory of the
Slovak Republic with the approval of the ministry only.
-
The details on the export, import, repeated export and trade with plants
and animals protected by the International Convention 49) will be established
by generalised legal provision of the ministry.
49) The Convention on the International Trade of Endangered Species
of Wildlife Fauna and Flora - CITES (announcement of the Federal Ministry
of Foreign Affairs No. 572/1992 Coll.).
Article 30
Registration and proving the origin of Protected Species
-
One who owns, has in one’s possession, processes or otherwise handles parts
of Protected Species apart from the natural occurrence in biotope, is obliged
to possess the approval of the Subdistrict Environmental Institution for
this action and carry out the registration of Protected Species’ parts,
the content of which will be established by generalised legal provision
of the ministry. The ministry can in particular cases reserve a resolution
on the approval.
-
One who owns, has in one’s possession, processes, sells, exports, imports
or otherwise handles parts of Protected Species apart from the natural
occurrence in biotope, is obliged on request of the Nature Preservation
Body or Nature Watch to prove his identity and the way in which the Protected
Species’ part was acquired (mainly the import license, the collection license
or license on the breeding of animals) and enable the Nature Preservation
Body to execute the identification and marking of the Protected Species’
part .
CHAPTER THREE
PROTECTION OF WOODY PLANTS
Rights and duties in the Protection of Woody Plants.
Article 31
Provisions of Articles 32 to 34 of this Act will be used if woody plants
are not related to the provisions on Protected Plants according to Articles
23 to 25 of this Act.
Article 32
-
It is forbidden to damage and destroy woody plants.
-
The owner (administrator, tenant) of the land, where a woody plant with
a stem diameter of more than 50 cm, measured 130 cm above the ground, or
a bushy growth with an area of more than 10m˛, is obliged to take care
of such a woody plant species, mainly its care and maintenance. In cases
of damage or the occurrence of an infectious disease in the woody plant
species, the Subdistrict Environmental Institution can order the owner
(administrator, tenant) of the land to execute inevitable precautions for
its recovery or decide about its cutting down.
-
For the cutting down of a woody plant species, the approval of the Subdistrict
Environmental Institution is required with the exception of
-
woody plants with a stem diameter of up to 50 cm, measured 130 cm above
the ground, or a bushy growth with an area of less than 10m˛,
-
recovery of productive fruit-woody plants,
-
immediate danger to human health and life, or considerable damage to property.
-
The provision of par. 3 a) will not be used in cases where woody plant
species grow in a territory under protection, in parks, public orchards
and gardens, in cemeteries, woody plant lines, windbreaks, river bank growth,
abandoned mining spaces, mounds, sand spills, spoils, wells, bogs and in
the surroundings of the health care, school, industrial, agricultural and
other commercial objects.
-
One, who from the reasons stated in par. 3 c), cut down a woody plant species,
is obliged to inform the Subdistrict Environmental Institution about this
act within five days at the latest of the act of cutting down.
-
Details on the protection, care and maintenance of a woody plant species
and their social evaluation will be established by generalised legal provision
of the ministry.
Article 33
Substitute Planting
-
The Subdistrict Environmental Institution can order the applicant, in the
approval on the cutting down of a woody plant species, to carry out the
adequate substitute planting in the place specified in advance, in concurrence
with the community and on the expenses of the applicant. If the applicant
is not the owner of the land where the substitute woody plant species has
been planted, the Subdistrict Environmental Institution can order this
person to care for it for a period of three years at the most. If the substitute
planting can not be ordered, the Subdistrict Environmental Institution
can impose a financial compensation in the amount of the social value of
the woody plant species that has been cut down 50). This financial compensation
is income to the State Environmental Fund of the Slovak Republic. 51)
-
The substitute planting and the care of the substitute woody plant species
according to par. 1 on land that is not the property of the applicant for
the cutting down of a woody plant species can be imposed only with the
previous agreement of the owner of the affected land.
-
It is compulsory for the communities to administrate the registration of
lands suitable for substitute planting in its terrestrial district. The
recording of lands into the register will be negotiated with their owners.
The communities are also obliged to insure the planting of a woody plant
species on suitable public lands; for all that, priority is mainly given
to geographically original and traditional species.
50) Order of the Ministry of the Environment of the Slovak Republic
No. 192/1993 Coll. on the social evaluation of selected parts of nature.
51) Article 3 n) of the Slovak National Council Act No. 128/1991 Coll.
on the State Environmental Fund.
Article 34
Protected Woody Plants
-
Culturally, scientifically, ecologically, landscape formatively or aesthetically
remarkably significant woody plants or their groups including woody plant
lines can be declared as Protected Woody Plants by generalised legal provision
of the District Environmental Institution.
-
The preservation of Protected Woody plants is related to analogous provisions
in Article 31 and Article 32 par. 1 and 2 of this Act.
-
For cutting down and for the type of care of a Protected Woody plant the
approval of the District Environmental Institution is required. In cases
when cutting down is permitted, the analogous provision in Article 33 of
this Act will be used and at the same time the District Environmental Institution
will cancel the provision on the preservation of a Protected Woody plant.
-
Woody plants on the territory of Nature Reservations and Natural Landmarks
are not declared as Protected Woody Plants.
-
For the sake of the preservation of a Protected Woody plant, the District
Environmental Institution can declare its protected range in the same way
as a Protected Woody plant is declared. In a declared protected range,
the third level of protection (Article 14 par. 2) is valid appropriately,
if the District Environmental Institution does not specify more stringent
conditions of protection.
-
If a protected range has not been declared according to par. 5, then the
size of the projection area of its crown with a radius no less than 10m
from the woody plant trunk is the protected range where the second level
of protection (Article 13 par. 2) is valid appropriately.
-
Details on the conditions for the preservation of a Protected Woody plant
and its protected range will be established by generalised legal provision,
by which a Protected Woody plant and its protected range is declared.
CHAPTER FOUR
DECLARATION, AMENDMENT AND CANCELLATION OF PROTECTION
OF PARTS OF NATURE AND LANDSCAPE UNDER SPECIAL PROTECTION
AND THEIR IDENTIFICATION
Article 35
Declaration of Protection of Parts of Nature and Landscape
under Special Protection
-
The intention to declare a protected area, Nature Reservation, Natural
Landmark or Protected Woody plant is reserved for the appropriate District
Environmental Institution. The Institution must inform the owner (administrator,
tenant) of the affected landscape and the affected community in writing
about the intended protection. The information mainly contains the basic
characteristics of the intention and place and time of its implementation
-
The community is obliged to inform the public in its territorial district
of the intention of the protection within 15 days of the intention’s delivery
to the owner and to give the public the chance to look over the information
in the usual place for a period of no less than 15 days
-
The owner (administrator, tenant) of the affected land and the community
has the right to present comments to the intention in written form to the
District Environmental Institution within 30 days of the intention’s delivery.
-
The District Environmental Institution is obliged to negotiate the discuss
the comments with those who turned them in within 30 days at the latest
and take them into account during the declaration of the Special Protection
of parts of nature and landscape.
-
The owner (administrator, tenant) of the affected land, from the notification
date of the intention to the declaration date of the protected part of
nature, is obliged to announce without unnecessary delay the execution
of the competence, in which the approval according to this Act is necessary,
to the competent Nature Preservation Body. If in the interest of the Preservation
of Nature and landscape requires so, the Nature Preservation Body can decide
about the specification of conditions on the execution of this competence.
These conditions are then no longer valid until the declaration of the
part of protected nature and landscape.
-
If the District Environmental Institution within two years of the declaration
of the intention does not declare the protected landscape or woody plant
in a manner defined by this Act, the duties specified in this decision
according to par. 5 will disappear.
-
The provision of pars. 1 to 6 is not related to the declaration of a Private
Protected Territory (Article 22).
-
A Protected Area, Nature Reservation and Natural Landmark can also be declared
in a Protected landscape Area and in a National Park. In a Protected Area,
a Natural Landmark can be declared. In a Nature Reservation, a Natural
Landmark is not declared.
Article 36
Negotiation of the intention to declare the Protection of
a Part of Nature and Landscape under Special Protection
-
The Nature Preservation Body will negotiate the intention to declare a
Protected Area, Nature Reservation, Natural Landmark or a Protected Woody
plant with the related bodies of the State Administration according to
special prescriptions. 52)
-
The related bodies of the State Administration shall express their opinion
to the intention according to par. 1 within 30 days at the latest of its
presentment.
52) For instance the Act No. 138/1973 Coll. in wording of the Slovak
National Council of the Slovak Republic Act No. 238/1993 Coll., Act No.
50/1976 Coll. in wording of the later issue, Act No. 61/1977 Coll. in wording
of the later issue, the Slovak National Council Act No. 27/1987 Coll. on
the Care of State Monuments, Act No. 44/1988 Coll. in wording of the Slovak
National Council Act No. 498/1991 Coll., the Slovak National Council Act
No. 307/1992 Coll.
Article 37
State register of Areas of Nature and Landscapeunder Special
Protection
-
The Nature Preservation Body will record the areas of nature and landscape
under Special Protection into the state register of Nature and landscape
under Special Protection (hereafter: “State register“).
-
The ministry administers the state register; listings from the state register
are stored at the corresponding Nature Preservation Body.
-
The ministry can authorise an organisation established by the ministry
to administer the state register and issue listings from according to par.
2.
-
The District Environmental Institution that has declared the Protection
of a Part of Nature and Landscape, will send the documents on the registration
of Areas of Nature and landscape under Special Protection into the state
register within 15 days of the declaration
-
After carrying out the registration of Areas of Nature and Landscape under
Special Protection into the state register, the Body of Geodesy and Cartography
will, on the basis of documents presented by the Nature Preservation Body
declaring the protection, mark out the Protected Territory with its Protected
Range, Private Protected Territory or Landscape with a Protected Woody
plant in the extent of its protected range into the real estate cadastre.53)
In cases of a National Park, the documents will be presented by the ministry.
-
In case of cancellation of Areas of Nature and Landscape under Special
Protection, the ministry will remove the record from the state register.
-
The state register and listings from it are accessible to the public. 54)
-
The details on the administration of the state register will be established
by generalised legal provision of the ministry.
____________________________________________________________________________________
53) Article No. 265/1992 Coll. in wording of the Slovak National Council
Act No. 60/1994 Coll. Article of the Slovak National Council Act No. 266/1992
Coll.
54) Article 45 and 51 of the Constitution of the Slovak Republic No.
460/1992 Coll.
Article 38
Marking out Areas of Nature and Landscape under Special Protection
-
Signs with the State Emblem 55) of the Slovak Republic and with the inscription
mark out territories under Protection (Article 12 par. 1) and Protected
Woody Plants (Article 34) as well as their Protected ranges.
-
The marking out according to par. 1 will be procured by the Nature Preservation
Body that has declared the Area of Nature and Landscape under Special Protection,
in cases of a National Park it will be the ministry, within six months
of the declaration.
-
Territories under Protection and equipment for the Protection of Nature
and Landscape inside the areas, as well as Protected Woody Plants can be
marked out by signs containing special symbols, when approved by the Subdistrict
Environmental Institution. Private Protected Territories are also marked
out in this way.
-
The details on marking out the parts of Nature and Landscape under Special
Protection will be established by generalised legal provision of the ministry.
55) The Slovak National Council Act No. 63/1993 Coll. on State Symbols
of the Slovak Republic and its use in wording of the Slovak National Council
Act No. 240/1994 Coll.
Article 39
Amendment and cancellation of the Protection of Areas of
Nature and Landscape under Special Protection
-
The amendment or cancellation of the protection of Areas of Nature and
Landscape under Special Protection will be made in the same way as the
protection has been declared, if new facts having a significant effect
on the protected object will be recognised or if the protected subject
has vanished.
-
The amendment or cancellation of the protection according to par. 1 is
related to analogous provisions in Articles 35 to 37 of this Act. For the
cancellation of a Nature Reservation the previous approval of the ministry
is needed.
-
The Nature Preservation Body, on request of the landowner will cancel the
Private Protected Territory. The amendment or cancellation of a Private
Protected Territory is related to analogous provisions in Articles 22 and
37 of this Act.
PART FOUR
DOCUMENTATION ON THE PRESERVATION OF NATURE AND LANDSCAPE,
ADMISSION TO THE LAND, FINANCIAL CONTRIBUTION,
LIMITATION OF THE OWNERS’ RIGHTS AND
THE RIGHT TO INFORMATION
CONCERNING THE PRESERVATION OF NATURE AND LANDSCAPE
Documentation on the Preservation of Nature and Landscape
Article 40
For the purpose of Nature and Landscape Preservation, the Nature Preservation
Bodies provide the documentation according to Article 41 of this Act, which
-
specifies the programming intentions and actions on the achievement of
permanent sustainable growth 56) and the territorial system of ecological
stability, 3)
-
determines the functions, categories and levels of protection of the territories,
their carrying capacity 57) and principles of their development in relation
to the activities of single branches; reviews the consequences of intervention
into ecosystems, their components and elements and suggests their optimal
exploitation and way of protection.
-
suggests the sanitation, recultivation, reconstruction and other intervention
into the territory and other preventive or corrective measures in territorial
or generic protection,
-
specifies the scarcity, rarity and endangerment of species and indicated
species protected in accordance with international agreements. 45)
3) Article 4 of Act No. 17/1992 Coll.
-
For instance, the Convention on the International Trade of Endangered Species
of Wild Fauna and Flora – CITES (announcement of the Federal Ministry of
Foreign Affairs No. 572/1992 Coll.).
56) Article 6 of Act No. 17/1992 Coll.
57) Article 5 of Act No. 17/1992 Coll.
Article 41
(1) the documentation on the Preservation of Nature and Landscape mainly
consists of
-
programmes on the care of nature and landscape or programmes on the preservation
of parts of nature and landscape under Special Protection,
-
documents of the territorial system of ecological stability and territorial
projections of nature and landscape,
-
red indexes of rare, infrequent and endangered species and indexes of species
protected according to international agreements. 45)
(2) Programmes on the care of nature and landscape are worked out, mainly
for the purpose stated in Article 40 par. a) of this Act, regularly for
a period of 10 years. In cases of the critical endangerment of parts of
nature and landscape under Special Protection, programmes on their protection
are worked out, also specifying the measures needed to improve the condition
and to remove the causes of endangerment.
-
To assure the terrestrial system of ecological stability the following
projects have to be worked out:
-
general plan of the beyond- district territorial system of ecological stability
of the Slovak Republic, as a document dedicated to the strategy of the
preservation of the diversity of conditions and forms of life in the state,
-
Project of a district territorial system of ecological stability as a document
dedicated to the diversity of conditions and forms of life in the specific
region,
-
Project of a local territorial system of ecological stability as a document
dedicated to the diversity of conditions and forms of life on the local
level.
-
Territorial projections of Nature and Landscape Preservation are the basic
document for the workout of documents on the territorial system of ecological
stability and constitute the textual and situational documentation of National
Parks and Protected Range of Regions including determination of their areas,
districts and regions; they are worked out for the purpose stated in Article
40 par. b) of this Act.
-
The red indexes of rare, infrequent and endangered species constitute the
source document on the preservation of species, intended for the evaluation
of the protection level and declaration of species under Special Protection.
The list of species needing international protection is assembled and issued
according to international conventions. 45)
-
The general plan of the beyond-district territorial system of ecological
stability of the Slovak Republic and the programmes of the care of nature
and landscape of National Parks is taken care of by the ministry and is
approved by the government, the remaining documentation is taken care of
and approved by the Nature Preservation Body after previous negotiation
with the respective bodies of the state administration.
-
The documentation listed in par. 1 a) and b) is the basic document for
the workout of terrestrial planning and other documentation according to
Article 9 par. 2 of this Act and for the provision and decision making
of bodies for the protection of nature and communities.
-
The documentation on the preservation of nature and landscape is accessible
to the public, 54) if special provisions do not establish this otherwise.
58)
-
Details on the provision, content and administration of the documentation
on Nature and Landscape Preservation and on the way and extent of providing
the information from which the ministry establishes by generalised legal
provision.
45) For instance, the Convention on the International Trade of Endangered
Species of Wild Fauna and Flora – CITES (announcement of the Federal Ministry
of Foreign Affairs No. 572/1992 Coll.).
54) Article 45 and 51 of the Constitution of the Slovak Republic No.
460/1992 Coll.
58) For instance Act No. 102/1971 Coll. on the protection of state secrets
in wording of the Act No. 383/1990 Coll., Governmental Decree of the Czechoslovak
Socialist Republic No. 148/1971 Coll. on the Protection of Commercial and
Official Secrets in wording of the Governmental Decree of the Czech and
Slovak Federal Republic No. 420/1990 Coll., Governmental Decree of the
Czech and Slovak Federative Republic No. 419/1990 Coll. on the Basic Realities
Constituting the Subject of a State Secret, Article 17 and subseq. of the
Commercial Code.
Article 42
Search and survey
-
The authorisation to execute search and survey (hereafter “survey“) of
nature and landscape, its components or elements, only have such legal
entities or natural persons, having the proper qualification competency
(hereafter “authorised person“), and if it concerns the survey of a part
of nature and landscape under Special Protection, the approval of the District
Environmental Institution is also necessary.
-
Before commencing the survey, the authorised person is obliged to conclude
an agreement with the owner (administrator, tenant) of the land, where
the survey is to be executed, on the conditions of the execution. If it
is in the public interest to execute the survey and the agreement is not
concluded on its exploitation and on the conditions of execution, the District
Environmental Institution will render a decision.
-
The authorised person is obliged to inform the District Environmental Institution
in advance about the commencement of the survey of a part of nature and
land under Special Protection and to turn in a report on its results within
60 days of its termination.
-
While executing the survey, the authorised person is obliged to respect
the rights and just interests of the owner (administrator, tenant) of the
land, where the survey is being executed.
-
If the immediate destruction of ecosystems, their components or elements
is endangered, the District Environmental Institution can decree their
necessary survey and at the same time appoint an authorised person for
its execution. It can also decide that the offender who caused the endangerment
of ecosystems, their components and elements will cover the expenditures
from the execution of this survey in the territory with the second up to
the fifth level of protection.
-
The District Environmental Institution can forbid the execution of the
survey to an authorised person, if the conditions for the Preservation
of Nature and Landscape established by this Act, provisions issued on their
adoption or specified in agreement with the District Environmental Institution
according to par. 1, have been violated.
Article 43
Admittance to land
-
In the course of recreation, hiking and similar enjoyment of nature, everybody
has the right to passage through lands in state ownership (administration,
lease), community, law unit or natural person, if thereby will not cause
damage to the property or the health of another person. He or she is obliged
to respect the rights and warranted interests of the landowner (administrator,
tenant), as well as the conditions of Nature and Landscape Preservation.
-
The right according to par. 1 is not related to settled lands or building
plot, courtyards, gardens, orchards, vineyards, hop-gardens, nurseries
and menageries. Ploughland, meadows and pastures are excluded from the
right according to par. 1 in times when damage to the growth or land may
come about, as well as when cattle graze there. Special provisions 59)
can restrict or otherwise adapt the right according to par.1.
-
Concerning fenced-in land which is not excluded from the right to free
passage according to par.2, the landowner (administrator, tenant) will
provide for the possibility of free passage by technical or another arrangement
in a suitable place of the land.
59) For instance, Article 17 and 19 of the Slovak National Council Act
No. 100/1977 Coll. in wording of later issue.
Article 44
Entrance Fee into Territories under Protection
-
For the purposes of control of exploitation of Territories under Protection
or their parts, as well as control of their respectable environmental burden
57), the District Environmental Institution or the owner of the Private
Protected Territory may collect an admission fee for the entrance and staying
of a motor vehicle 60) in the Territory under Protection, or for access
into its selected parts apart from settled lands of the communities. The
entrance fee amount will be specified according to the price structure.
61)
-
Natural persons working on the territory under protection, natural persons
having a permanent or temporary address in the area and owners of estates
in the protected territory do not pay the entrance fee according to par.
1. The fee will not be collected during activities connected with ensuring
the care of the territory under protection, protection of health and property
and the entrance and staying of the motor vehicles of immobile disabled
persons.
-
The entrance fee according to par. 1 is income to the State Environmental
Fund of the Slovak Republic 51) with the exception of the fee for a Private
Protected Territory, which is the income of its owner.
51) Article 3, par. n) of the Slovak National Council Act No. 128/1991
Coll. on the State Environmental Fund of the Slovak Republic.
57) Article 5 of Act No. 17/1992 Coll.
60) Article 2 item 12 of the Federal Ministry of Interior, Order No.
99/1989 Coll. concerning road safety rules on transportation networks (Highway
Code).
61) Article No. 256/1990 Coll. on prices.
Article 45
Entrance to lands
(1) The owner (administrator, tenant) of the land is obliged to:
-
Enable the personnel of the Nature Preservation Body, who will justify
themselves with license identification when performing their operating
provision, entrance onto land with the aim to observe the duties resulting
from this Act and other provisions in the sector of Nature and Landscape
Preservation,
-
Tolerate the markings of Nature and Land under Special Protection, placement
and care of temporary equipment necessary for the care of Nature and Landscape
under Special Protection,
-
Tolerate the execution of the inevitable precautions of the Nature Preservation
Body, namely the measuring, monitoring and elaboration of documentation
with the aim to prevent serious damage or destruction to the ecosystem,
its component or element.
(2) It is the duty of personnel of the Nature Preservation Body during
its operation according to par. 1 to spare the affected land, as well as
the rights and legal protected interests of the landowner (administrator,
tenant).
-
As the personnel of the Nature Preservation Body according to par. 1 and
2, the personnel of legal entities authorised by the Body and authorities
of Nature Watch are also considered.
-
The Nature Preservation Body will inform the landowner (administrator,
tenant) in advance about the competence’s extent and execution time according
to par. 1.
-
Damage caused during the execution of the competence according to par.
1. will be compensated by the state. 62) The competent person can claim
the compensation of the damage at the appropriate Nature Preservation Body
within six months of the termination of the competence according to par.1,
otherwise the right is lost.
-
The special provisions 63), by which the execution of the competence according
to par.1 is excluded, limited or bound to the special approval or permission,
will remain unaltered.
________________________________________________________________________________________
62) Article 5 par. 1 d) of the Slovak National Council Act No. 567/1992
Coll. on budget provisions of the Slovak Republic.
Article 420, Article 420a and Article 442 of the Civil Code.
63) For instance Act No. 169/1949 Coll. on military districts, Act No.
40/1961 Coll. on the defence of the Czechoslovak Socialist Republic in
wording of Act No. 101/1964 Coll., legal arrangement of the Presidium of
the Federal Assembly No. 17/1976 Coll. and the Slovak National Council
Act No. 42/1994 Coll.
Article 46
Financial contribution
-
If it is necessary for the sake of the protection of parts of nature and
landscape under special preservation [Article 3. par. 1)] and significant
landscape elements [Article 3 par. c)], the Nature Preservation Body or
its commissioned law unit can conclude a written agreement with the owner
(administrator, tenant) of the affected land on the Provision of the Care
of the Landscape.
-
If the Provision of the Care of the Landscape according to par. 1 brings
on expenses, the Nature Preservation Body will propose a financial contribution
from the State Environmental Fund of the Slovak Republic to the owner (administrator,
tenant) of the affected land. 64)
-
Details on conditions of the contribution provision and its amount will
be established by generalised legal provision of the ministry.
64) Article 4 and 6 of the Slovak National Council Act No. 128/1991
Coll.
Order of the Slovak Commission for the Environment No. 176/1992 Coll.
on Conditions of the Provision and use of contributions from the State
Environmental Fund of the Slovak Republic.
Article 47
Compensation for loss of property
-
The landowner (administrator, tenant) is obliged to tolerate the limitations
from restrictions and other conditions of the Preservation of Nature and
Landscape established by this Article or on its basis. If damage to the
property arises because of such a limitation on the common farming on land
that is not owned by state, the owner has the Right to Compensation. 65)
-
Damage to property according to par. 1 will be covered by the state.
-
Conditions and the method of compensation for the damage to property according
to par. 1 and the calculation method will be established by generalised
legal provision of the government.
65) Article 20 pars. 3 and 4 of the Constitution of the Slovak Republic.
66) Article 5 par. 1 d) of the Slovak National Council Act No. 567/1992
Coll.
Article 48
Alienation restriction
Landscapes and water surfaces in protected territories with the third
to fifth level of protection that were property of the state on the day
this Act entered into force, can not be alienated. The rights of natural
persons and legal entities are not affected by this restriction, according
to Provisions on Property Restitution. 67)
67) For instance Act No. 403/1990 Coll. on the consequence remittance
of some property derogation in wording of Act No. 458/1990 Coll., Act No
137/1991 Coll. and Act No. 264/1992 Coll., Act No. 87/1991 Coll. on out
of court rehabilitation in wording of Act No. 264/1992 Coll., Act No. 267/1992
Coll. and the Slovak National Council Act No. 154/1993 Coll., Act No. 229/1991
Coll. on the reform of owner’s relations to the land and other agricultural
property in wording of later issue (full wording declared under No. 11/1994
Coll.), the Slovak National Council Act No. 319/1991 Coll. on the remittance
of some property and other consequences and on the competence of state
administration bodies of the Slovak Republic in the sphere of out of court
rehabilitation in wording of the Slovak National Council Act No. 312/1992
Coll., the Slovak National Council Act No. 154/1993 Coll. and the Slovak
National Council Act No. 86/1994 Coll., the Slovak National Council Act
No. 282/1993Coll. on the remittance of some property consequences made
to a church and religious communities.
Article 49
Information on the Protection of Nature and Landscape
(1) The Nature Preservation Bodies administer information on the Protection
of Nature and Landscape in the extent of its scope, mainly containing as
follows:
-
legal provisions on the Protection of Nature and Landscape,
-
issued decisions on the Protection of Nature and Landscape including the
appellation and reviewing action,
-
documentation on the protection of nature and landscape according to Articles
37 and 41 of this Act,
-
other important information concerning the execution and control over the
Protection of Nature and Landscape, mainly data on the state and development
of the natural environment.
(2) Information according to par. 1 is accessible to natural persons and
legal entities during working hours of the Nature Preservation Bodies,
if it is not a subject of a state, economic, official or commercial secret
58) or if there is no danger of illegal disturbance, damage or destruction
of Protected Species of plants, animals, minerals and fossils by making
the place of occurrence public.
-
Details on the provision and administration of information on the Protection
of Nature and Landscape will be established by generalised legal provision
of the ministry.
58) For instance Act No. 1002/1971 Coll. on the protection of state secrets
in wording of Act No. 383/1990 Coll. and Act No. 558/1991 Coll., Governmental
Decree of the Czechoslovak Socialist Republic No. 148/1971 Coll. on the
protection of commercial and official secrets in wording of Governmental
Decree of the Czech and Slovak Federal Republic No. 420/1990 Coll., Governmental
Decree of the Czech and Slovak Federal Republic No. 419/1990 Coll. on basic
realities constituting the subject of a state secret, Article 17 and subseq.
of the Commercial Code.
PART FIVE
NATURE PRESERVATION BODIES, THEIR COMPETENCE AND NATURE WATCH
Article 50
Nature Preservation Bodies
The state administration concerning the Protection of Nature and Landscape
according to this Act is executed by
-
the ministry as the central body of the state administration concerning
the Protection of Nature and Landscape, 68)
-
the Slovak Environmental Inspection, 69)
-
Environmental Agencies. 70)
68) The Slovak National Council Act No. 347/1990 Coll. on the provision
of ministries and other central bodies of the state administration of the
Slovak Republic in wording of the Act of the Slovak National Council Act
No. 197/1991 Coll., the Slovak National Council Act No. 298/1991 Coll.,
the Slovak National Council Act No. 494/1991 Coll., the Slovak National
Council Act No. 294/1992 Coll., the Slovak National Council Act No. 322/1992
Coll., the Slovak National Council Act No. 453/1992 Coll., the Slovak National
Council Act No. 2/1993 Coll., the Slovak National Council Act No. 61/1993
Coll. and the Slovak National Council Act No. 83/1994 Coll.
69) Articles 7 and 8 of the Slovak National Council Act No. 595/1990
Coll. on the state administration for the environment.
70) Articles 3 to 6 of the Slovak National Council Act No. 595/1990
Coll.
Article 51
Ministry
Ministry
-
controls the execution of the state administration related to the Preservation
of Nature and Landscape and specifies the main goals of the competence,
-
fulfils the function as the main state inspection concerning the preservation
of nature and landscape and performs the central audit on the state of
the Special Protection of parts of nature and landscape,
-
provides proposals on the declaration of National Parks, modification or
cancellation of their protection, General plan of the beyond-district territorial
system of ecological stability of the Slovak Republic, and programs on
the care of National Parks and their preservation,
-
provides and approves the program on the care of the nature and landscape
of the state, programs on the care of Protected Range of Regions, territorial
projections of protected nature and landscape areas, territorial projections
on the protection of nature and landscape in National Parks and programs
on the preservation of critically endangered Protected Species in the whole
territory of the state,
-
declares a protected range of a National Park, National Nature Reservation
or National Natural Landmark according to Article 12 par. 2 of this Act,
-
issues the approval according to Article 7 e), according to Article 28
par. 1 and Article 29 par. 1 of this Act,
-
permits exceptions from the conditions on preservation according to Article
20 par.2 of this Act,
-
can reserve the competency of the Subdistrict Environmental Institution
in matters according to Article 8 pars. 2 to 4 and Article 63 par. 1 of
this Act, if there are serious reasons for it,
-
establishes and controls nature preservation organisations, 71) mainly
the management of National Parks,
-
takes part in international co-operation, and the implementation of international
programs, projects and agreements in matters of Nature and Landscape Preservation,
-
performs other tasks in matters of Nature and Landscape Preservation, established
in the second up to the fourth part of this Act and in special provisions.
71) Article 28 of the Slovak National Council Act No. 567/1992 Coll.
Article 13 of the Ministry of Finance of the Slovak Republic, Order No.
638/1992 Coll. on managing the state budget of the Slovak Republic resources
and on managing budget and contribution organisations.
Article 52
Slovak Environmental Inspection
-
The Slovak Environmental Inspection (hereafter “Inspection“) is an expert
control body, through which the ministry performs the basic state supervision
in matters of Nature and Landscape Preservation in the extent of Article
56 par. 2 of this Act.
-
The Inspection issues a decree on the disposal of defects found by its
control competence. During parallel observance of the inspection and environmental
institution the procedure is analogous to Imposing of fines. 72) For the
violation of duties imposed by this Act and by formal public provisions
issued on their adoption, the inspection places fines.
72) Article 9 par. 3 of the Slovak National Council Act No. 595/1990
Coll.
Article 53
District Environmental Institution
District Environmental Institution
-
controls the operation of the state administration in matters of Nature
and Landscape Preservation,
-
provides programs on the care of the nature and landscape of the district,
programs on the rescue of protected areas, nature reservations, Natural
Landmarks and Protected Species that are endangered on the territory of
the region, territorial projections on the protection of the nature and
landscape of the district and projects of the district territorial system
of ecological stability,
-
performs district inspections on the state of parts of nature and landscape
under Special Protection,
-
declares a protected range of a protected area, nature reservation and
Natural Landmark according to Article 12 par. 2 of this Act and a protected
range of a protected woody plant according to Article 34 par.5 of this
Act.
-
gives its approval according to Article 7 supbar. b), c), d), l) and n),
Article 13 par. 2 b), e), f), h), n) and o), Article 14 par. 2 d) and m)
and Article 19 par. 6 of this Act,
-
renders a statement according to Article 9 par. 1 c), g), h), i), j), k)
and o), Article 9 par. 2 subpar a), b), c), f) and g) and Article 9 par.
3 of this Act,
-
makes a decision according to Article 5 par. 4, Article 14 par. 4 and 5
and Article 17 par. 5 of this Act,
-
permits exceptions from conditions on preservation according to Article
20 par. 2 of this Act,
-
if there are serious reasons for, it can reserve the competency of the
Subdistrict Environmental Institution in matters according to Article 8
pars. 2 to 4 and Article 63 par. 1 of this Act, providing the competency
has not been reserved by the ministry according to Article 51 h) of this
Act,
-
issues a generalised orders in matters of Nature and Landscape Preservation,
73)
-
accomplishes other tasks in matters of Nature and Landscape Preservation,
established in the second up to the fourth part of this Act.
73) Article 123 of the Constitution of the Slovak Republic.
Article V of the Slovak National Council Act No. 295/1992 Coll. on
some measures in local autonomy and in the state administration.
Article 54
Subdistrict Environmental Institution
Subdistrict Environmental Institution
-
executes the first level of state administration concerning the Protection
of Nature and landscape in the extent established by this Act,
-
provides territorial projections on the preservation of nature and landscape
subdistricts, projects on the local territorial system of ecological stability
and programs on the care of woody plant species,
-
performs subdistrict inspections on the state of parts in nature and landscape
under Special Protection,
-
gives its approval according to Article 7 supbar. a), f), g), h), I), j),
k), m) and o), Article 13 par. 2 c), d), g), i), j), k), l) and m) and
m) and Article 14 par. 2 b), c) and e) to l) of this Act,
-
renders a statement according to Article 9 par. 1 a), b), d), e), f), l),
m) and n) and Article 9 par. 2 subpar d), e), h) and i) of this Act,
-
makes a decision according to Article 8 par. 2 to 4, Article 26 par. 43
and Article 63 par. 1 of this Act,
-
imposes subsidiary measures according to Article 25 of this Act,
-
negotiates delinquencies in matters of Nature and Landscape Preservation
,74)
-
accomplishes other tasks in matters of Nature and Landscape Preservation,
established in the second up to the fourth part of this Act.
74) The Slovak National Council Act No. 372/1990 Coll. on delinquencies
in wording of the Slovak National Council Act No. 524/1990 Coll., the Slovak
National Council Act No. 266/1992 Coll., the Slovak National Council Act
No. 295/1992 Coll., the Slovak National Council Act No. 511/1992 Coll.,
the Slovak National Council Act No. 237/1993 Coll., the Slovak National
Council Act No. 42/1994 Coll., the Slovak National Council Act No. 248/1994
Coll., the Slovak National Council Act No. 249/1994 Coll. and the Slovak
National Council Act No. 250/1994 Coll.
Article 55
State Supervision performed by environmental institutions
Environmental institutions execute the State Supervision over the adherence
to provisions of this Act and generalised legal provisions issued on their
adoption, as well as adherence to the decisions issued by them and in the
extent of their competency, take measures on the removal of found defects
and fines.
Article 56
Central State Supervision
-
In the intro-central state supervision, the ministry supervises the way
environmental institutions perform the provisions of this Act and generalised
legal provisions issued on their adoption.
-
During the execution of the central state supervision, the ministry supervises
how legal entities and natural persons adhere to this Act, generalised
legal provisions issued on their adoption and decisions of the environmental
institutions concerning Nature and Landscape Preservation.
Article 57
Licenses of persons executing the State Supervision of Nature
and Landscape Preservation
-
Persons executing the state supervision according to Article 55 and 56
of this Act and authorities of Nature Watch (Article 58), during execution
of their duties have authorised access to the lands, objects and arrangements
if a permit according to special prescription is not required for the purpose,
can perform the necessary surveys, ask for the necessary data and explanations
and examine the appropriate documents.
-
The license of a authority of Nature Watch is not related to the entrance
and execution of the inspection on a Private Protected Territory (Article
22).
-
During execution of the state supervision, persons stated in par. 1 are
obliged to
-
justify themselves with the written commission of the body giving the orders
on the supervision execution, or with an official card,
-
keep secrecy in matters of a state, economical, official and commercial
secret 58) which they learned of during the state supervision execution.
------------------------------------------------------------------------------------------------------------------------------
58) For instance Act No. 102/1971 Coll. on the protection of state
secrets in wording of Act no. 383/1990 Coll. and the Act 558/1991 Coll.,
Governmental Decree of the Czechoslovak Socialist Republic No. 148/1971
Coll. on the protection of economical and official secrets in wording of
the Governmental Decree of the Czech and Slovak Federative Republic No.
420/1990 Coll., Governmental Decree of the Czech and Slovak Federal Republic
No. 419/1990 Coll. on the basic realities creating the subject of a state
secret, Article 17 and subseq. of the Commercial Code.
Article 58
Nature Watch
-
The District Environmental Institution in its territorial region establishes
and recalls Nature Watch from the ranks of competent citizens to secure
the care of nature and landscape according to this Act.
-
an authority of Nature Watch justifies himself during the execution of
his position with a special card. The authority of Nature Watch is authorised
to
-
monitor and collect data on the state of nature and landscape, its components
and elements,
-
supervise the adherence to this Act, generalised legal provisions issued
on their adoption and resolutions made on their basis,
-
identify persons acting in contradiction with the generalised legal provisions
on Nature and Landscape Preservation,
-
place and collect block fines for delinquencies in the section of Nature
and Landscape Preservation, 75)
-
take away the subject of a Protected Species (24) from a natural person
or legal unit, if acquired in an illegal way, and to perform inevitable
precautions for its preservation,
-
accompany the person caught in the act of a penal competence or delinquency
in the section of Nature and Landscape Preservation to the police station,
if this is inevitably necessary for finding out the identity of the person,
the prevention of his escape or the provision of evidence.
-
In cases of endangerment of the interests protected by this Act, an authority
of Nature Watch shall inform the appropriate Subdistrict Environmental
Institution.
-
An authority of Nature Watch, assigned particularly by the Subdistrict
Environmental Institution, is authorized to carry a weapon according to
special provisions, 76) during provision of the care of a part of nature
and landscape under Special Protection. He is authorized to carry and use
the weapon in the following cases only
-
vital defense and in cases where no other option remains, 77)
-
concurring the harm of animals that directly endanger the life or health
of persons or Protected Species of animals.
-
When using a weapon, an authority of Nature Watch is obliged to take the
necessary care not to endanger the life of other persons and to spare as
much as possible the life of the person the step is directed towards.
-
An authority of Nature Watch is obliged to immediately inform the police
and the District Environmental Institution about the use of a weapon against
a person.
-
Operatives of organisations specified by the ministry according to Article
51 i) of this Act also have licenses as an authority of Nature Watch.
-
Details on the organisation and tasks of Nature Watch and on provisions
and assumptions on the execution of the functions of a Nature Watch authority
shall be established by generalised legal provision.
75) Article 84 par. 3 of the Slovak National Council Act No. 372/1990
Coll.
76) The Slovak National Council Act No. 246/1993 Coll. on weapons and
ammunition.
Order of the Ministry of Interior of the Slovak Republic No. 301/1993
Coll. by which the Act of the Slovak National Council of the Slovak Republic
No. 246/1993 Coll. on weapons and ammunition is executed. Order of the
Ministry of Health of the Slovak Republic No. 62/1994 Coll. on proceeding
with the appraisal of physical, health and special psychiatric ability
for holding or carrying weapons and ammunition.
77) Articles 13 and 14 of the Penal Code.
Article 59
The uniform and identification of Operatives in the Protection
of Nature
-
Operatives of nature protection bodies and organisations, performing their
activities in the open, can wear a nature protection uniform and a badge
with the state emblem of the Slovak Republic. An operative of Nature Watch
can have the same identification.
-
Details on the implementation way of the uniform and identification of
the operatives in nature protection shall be established by generalised
legal provision of the ministry.
Article 60
Procedure
-
Generalised provisions on administrative procedure 78) with the exceptions
of provisions on local competence are not related to
-
issuing a statement according Article 9 of this Act,
-
issuing a decision according to Article 24 par. 3 of this Act on specification
whether Special Protection can be provided to the species,
-
issuing a confirmation on the order on the finding of a protected mineral
or protected fossil according to Article 27 par. 4 of this Act,
-
issuing a licence on the taking of Protected Minerals and fossils according
to Article 6 of this Act,
-
procedure during declaration, amendment or cancellation of parts of nature
and landscape under Special Protection, according to the third part of
this Act,
-
procedure on the nomination and recall of authorities of Nature Watch according
to Article 58 of this Act.
-
Enforcement of the legal resolution of the Nature Preservation Body shall
be accomplished by this body .79)
----------------------------------------------------------------------------------------------------------------------------------
78) Act No. 71/1967 Coll. on administrative procedure (Administrative
order).
79) Article 73 par. 2 of Act No. 71/1967 Coll.
Article 61
Special Provision on Local Competency
If the territory that is supposed to be declared as protected is situated
on the territory of several districts, the appropriate institution for
its declaration is the District Environmental Institution on the territory
which involves the largest part of the territory.
Article 62
Amendment and cancellation of the approval
The Nature Preservation Body, on its own initiative or on its proposal
amends or cancels the issued approval, if
-
a change in facts critical to the authorisation of the approval comes about,
-
it is in the interest of the nature and landscape protected by this Act,
mainly if serious ecological damage has arisen or still threatens,
-
the authorised subject does not use the approval without serious argument
for a period longer than one year,
-
the authorised subject does not observe the conditions specified in the
approval of the Nature Preservation Body,
-
during a competence performed on the basis of the approval, violation of
provisions of this Act or essential damage to other legitimate interests
in the Protection of Nature and landscape comes about.
PART SIX
LIABILITY FOR THE VIOLATION OF DUTIES IN A SECTOR OF PROTECTED
NATURE AND landscape
Article 63
Disposal of the results of an Abusive Action
-
He who damages, destroys or violates a part of nature and landscape protected
by this Act, is obliged to return it to its original state if this is possible
or meaningful. For the form and conditions of returning it to its original
state, the standpoint of the Nature Preservation Body must be applied for.
-
By the provision in par. 1, responsibility for the damage is not affected
according to generalised legal provisions.
Article 64
Fines on legal entities and natural persons licensed for
enterprising
-
An Environmental Institution or the Inspection can fine a law unit or natural
person licensed for enterprising up to 100,000 Sk for committing abusive
action as follows:
-
performs an action stated in Article 7, Article 13 par. 2, Article 14 par.
2, Article 19 par. 6 or Article 30 par. 1 of this Act without previous
approval from the competent Nature Preservation Body,
-
performs a forbidden action according to Article 16 par. 3 or Article 17
par. 3 of this Act,
-
does not obey the limitation or ban declared according to Article 5 par.
4 of this Act,
-
violates the competence execution conditions specified by a competent Nature
Preservation Body in the resolution on the approval issued according to
Article 8 par. 1 of this Act or conditions specified according to Article
35 par. 5 of this Act,
-
violates the duties imposed in the Provisions for Visitors of a National
Park (Article 15),
-
performs an action stated in Article 27 par. 2 of this Act without previous
approval from the competent Nature Preservation Body,
-
violates a duty according to Article 5 par. 2 and 3 of this Act,
-
does not report the cutting down of woody plants (Article 32 par. 5) or
the finding of a protected mineral or protected fossil (Article 27 par.
3),
-
does not satisfy a duty imposed by a Nature Preservation Body according
to Article 30 par. 2 or Article 32 par. 2 of this Act,
-
damages a significant landscape element,
-
does not satisfy the reporting duty according to Article 35 par.5 or Article
68 par. 3 of this Act,
-
does not administer the Protected Species registration (Article 30 par.
1),
-
executes survey on parts of nature and landscape under Special Protection
without previous approval of the Nature Preservation Body (Article 42 par.
1) or does not report the commencement of survey on nature and landscape
under Special Protection or does not report its results within the specified
period (Article 42 par. 3),
-
does not enable licensed persons according to Article 45, 57 and 58 of
this Act entry onto landscapes or into other tenements (Article 58 par.1)
which he owns or uses,
-
contaminates caves or abysses (article 19 par. 5).
(2) An Environmental Institution or the Inspection can fine a law unit
or natural person licensed for enterprising up to 250,000 Sk for committing
abusive action as follows
-
catches and kills animals (Article 5 par. 5),
-
damages, pulls out, digs up or collects, or in another way violates the
natural development of Protected Species (Article 25 par. 1),
-
catches, injures, transfers or in another way interferes with the natural
development of Protected Species or damages their biotope and dwellings
(Article 26 par. 1),
-
harms ecosystems and the decor of caves and abysses (Article 19 par. 5),
Protected Minerals and Protected Fossils (Article 27 par. 1) or Woody Plants
(Article 32 par. 1),
-
destroys a significant landscape element,
-
does not obey the limitation declared in a National Park or its part according
to Article 14 par. 4 of this Act,
-
does not carry out alternate protective action imposed by the Nature Preservation
Body (Article 25 par. 5) or does not obey conditions specified by the Nature
Preservation Body according to Article 26 par. 3 of this Act,
-
does not obey the limitation or ban declared by the Nature Preservation
Body according to Article 14 pars. 4 and 5, Article 17 par. 5 or Article
42 par. 6 of this Act,
-
performs the taking of a protected mineral or protected fossil without
the special licence or does not provide for their careful taking (Article
27 pars. 6 and 7),
-
does not accomplish the duties reserved by a Nature Preservation Body in
its approval on cutting down woody plants (Article 33 par. 1),
-
destroys the arrangement intended for the protection and labeling of parts
of nature and landscape under Special Protection,
-
by performing acts according to par. 1 a) to g) that significantly endanger
or damage a part of nature and landscape, its component or element.
(3) An Environmental Institution or the Inspection can fine a law unit
or natural person licensed for enterprising up to 500,000 Sk for committing
abusive action as follows
-
destroys Protected Plants (Article 25 par. 1),
-
kills Protected Animals (Article 26 par. 1),
-
destroys ecosystems and the décor of caves and abysses (Article 19 par.
5), Protected Minerals and Protected Fossils (Article 27 par. 1) or Woody
Plants (Article 32 par. 1),
-
performs an action stated in Article 28 and 29 of this Act without the
approval of the Nature Preservation Body,
-
does not proceed so that no significant damage to plants and animals and
damage and destruction to their biotope comes about (Article 5 par. 1),
-
does not obey the limitation or ban pronounced by the Nature Preservation
Body according to Article 8 par. 2 and 4, Article 25 par. 5 or Article
26 par. 3 of this Act,
-
does not accomplish the duties reserved by a Nature Preservation Body according
to Article 8 par. 3 of this Act,
-
cuts down Woody Plants (Article 32 par. 3) or a protected woody plant (Article
34 par. 3) without the approval of the Nature Preservation Body,
-
does not return the damaged part of nature or landscape, protected according
to this Act, to its original state (Article 63 par. 1),
-
by performing acts according to par. 1 a) to g) that destroy a part of
nature and landscape, its components or element.
Article 65
Imposing of Fines
-
When specifying the amount of the fine according to Article 64 of this
Act, the seriousness and time of duration of the abusive action and the
extent and degree of the endangerment or caused damage will be taken into
account.
-
A Nature Preservation Body or the Inspection can, along with its resolution
on fining, order the mandatory subject to perform measures within the specified
period on the correction of results from abusive action for which the fine
has been imposed. If the mandatory subject does not perform these measures
within the specified period, he can be fined again in the amount of double
the previous value.
-
The fine can be imposed within one year of the day when the competent Nature
Preservation Body or Inspection received information on its delinquency,
but not later than three years from the day when the delinquency came about.
According to par. 2, another fine can be imposed within one year of the
day when the duty imposed in the resolution according to par. 2 was supposed
to be fulfilled.
-
The fine is to be paid within 30 days of the day the resolution imposing
the fine came into force, if the body imposing the fine does not specify
a longer period of payment.
-
Yields from fines imposed according to Article 64 of this Act are income
to the State Fund for the Environment of the Slovak Republic. 51)
51) Article 3 n) of the Slovak National Council Act No. 128/1991 Coll.
on the State Fund for the Environment of the Slovak Republic.
Article 66
Delinquencies
(1) An Environmental Institution or the Inspection can impose a fine
up to 5,000 Sk on a natural person for committing delinquency by the following
action
-
pulls out plants including their fruit and mushroom pilei above the extent
established in Article 5 par. 2 of this Act,
-
enters a public cave or abyss without a guide (Article 19 par. 8),
-
commits an abusive action stated in Article 64 par. 1 of this Act.
(2) An Environmental Institution or the Inspection can impose a fine
up to 10,000 Sk on a natural person for committing an abusive action stated
in Article 64 par. 2 of this Act.
(3) An Environmental Institution or the Inspection can impose a fine
up to 20,000 Sk on a natural person for committing an abusive action stated
in Article 64 par. 3 of this Act.
(4) The policy on delinquency is related to general provisions on the
negotiation of delinquencies, 74) if this is not otherwise established
by this Act.
(5) Yields from fines imposed according to Article 64 of this Act are
income to the State Fund for the Environment of the Slovak Republic. 51)
51) Article 3 n) of the Slovak National Council Act No. 128/1991 Coll.
on the State Fund for the Environment of the Slovak Republic.
74) The Slovak National Council Act No. 372/1990 Coll. on delinquencies
in wording of the Slovak National Council Act No. 524/1990 Coll., the Slovak
National Council Act No. 266/1992 Coll., the Slovak National Council Act
No. 295/1992 Coll., the Slovak National Council Act No. 511/1992 Coll.,
the Slovak National Council Act No. 237/1993 Coll., the Slovak National
Council Act No. 42/1994 Coll., the Slovak National Council Act No. 248/1994
Coll., the Slovak National Council Act No. 249/1994 Coll. and the Slovak
National Council Act No. 250/1994 Coll.
Article 67
Confiscation of illegally held Subjects of Protected Species
-
The Nature Preservation Body can, in cases of illegally held subjects of
Protected Species, decide on their confiscation and if it is possible and
effective, provide for their return to nature. The subject from whom the
Protected Species has been confiscated must bear the expenses connected
with the confiscation of a Protected Species.
-
The Nature Preservation Body can also decide on the confiscation according
to par. 1 in cases when the keeper of the Protected Species’ subject does
not prove its origin according to Article 30 par. 2 of this Act.
-
A written decision on confiscation according to pars. 1 and 2 must be issued
by the Nature Preservation Body within 15 days of the day of confiscation,
otherwise the confiscation is not valid.
-
The state becomes the owner of the confiscated object.
-
If a Customs Administration Body, according to special provision 80), imposes
a sanction of forfeit or confiscation of goods, which are the subject of
a Protected Species, the body immediately informs the ministry about it.
The provision in par. 1, the second sentence is equally valid.
80) For instance, Articles 251, 255, 256 and 259 of the Customs Act
No. 618/1992 Coll.
PART SEVEN
TEMPORARY AND FINAL PROVISIONS
Article 68
Temporary provisions
-
He who performs a competence to the day of
validity of this Act, for which an approval is necessary according to this
Act, he is liable to apply for it with the competent Nature Preservation
Body no later than six months from the day this Act entered into force.
-
The Nature Preservation Body will decide about the application according
to par. 1 before 31 December 1995 at the latest. After this date, all permission
and exceptions from the conditions of the protection of protected parts
of nature, issued by the Nature Preservation Body according to present
provision lose their validity.
-
He who possesses or holds a protected plant or protected animal to the
day of validity of this Act is obliged to inform the Subdistrict Environmental
Institution about it within three months of the day this Act entered into
force. In cases like this, similar provision Article 30 par. 1 of this
Act will be used.
-
The protected landscape localities (protected landscapes and regions) declared
according to Article 6 par. 2 of the Slovak National Council Act No. 1/1955
Coll. SNR on the state preservation of nature, stated in Annex No. 1 of
this Act, become Protected Range of Regions according to this Act and are
related to conditions established by this Act.
-
National Parks, declared according to the Slovak National Council Act No.
1/1955 Coll., Article 6 par.1 and 2 SNR on the state protection of nature
and according to the Slovak National Council Act No. 11/1949 Coll. SNR
on the Tatra National Park and the Governmental Decree of the Slovak Socialist
Republic No. 12/1987 Coll. on the declaration of parts of the West Tatras
as a part of the Tatra National Park in wording of the Governmental Decree
of the Slovak Republic No. 272/1991 Coll., stated in Annex No. 2 of this
Act, become National Parks according to this Act and are related to the
conditions of protection established by this Act. Their protected ranges
declared according to present provisions become protected ranges of National
Parks according to this Act and are related to the conditions of protection
established by this Act.
(6) State Nature Reservations, protected sites and protected natural
creations declared according to Articles 6, 7 and 8 of the Slovak National
Council Act No. 1/1955 Coll. SNR on the state protection of nature, listed
in Annex No. 3 of this Act, become nature reservations or national nature
reservations according to this Act and the conditions of the protection
established by this Act are valid on their territories. Their protected
ranges declared according to present provisions become protected ranges
of nature reservations or national nature reservations according to this
Act and are related to the conditions of protection established by this
Act.
(7) Protected natural creations and protected Natural Landmarks declared
according to Article 7 of the Slovak National Council Act No. 1/1955 Coll.
SNR on the state protection of nature, if not introduced as parks, gardens,
orchards, contiguous growth, woody plants and their groups, become Natural
Landmarks according to this Act and are related to the conditions of protection
established by this Act. Their protected ranges declared according to present
provisions become protected ranges of Natural Landmarks according to this
Act and are related to the conditions of protection established by this
Act. Within one year of this Act coming into force, the ministry shall
establish by generalised legal provision, which of them will be declared
as national Natural Landmarks; within the same period they shall also put
together and publish the list of national Landmarks in the Provision of
the Slovak Republic 81).
(8) Protected natural creations and protected Natural Landmarks declared
according to Article 8 of the Slovak National Council Act No. 1/1955 Coll.
SNR on the state protection of nature, if introduced as parks, gardens,
orchards, contiguous growth, protected educational areas, protected parks
and gardens declared according to Article 7 of the Slovak National Council
Act No. 1/1955 Coll. SNR on the state protection of nature and other protected
territories declared according to present provisions, if not listed in
Annexes No. 1 to 3 of this Act, become protected areas according to this
Act and are related to the conditions of protection established by this
Act. Their protected ranges declared according to present provisions become
protected ranges of protected areas according to this Act and are related
to the conditions of protection established by this Act. Within one year
of this Act coming into force, the ministry shall put together and publish
the list of protected areas in the Provision of the Slovak Republic 81).
(9) Protected natural creations and protected Natural Landmarks declared
according to Article 8 of the Slovak National Council Act No. 1/1955 Coll.
SNR on the state protection of nature, introduced as woody plants and their
groups, become Protected Woody Plants according to this Act and are related
to the conditions of protection established by this Act. Their protected
ranges declared according to present provisions become Protected Ranges
of Protected Woody Plants according to this Act and are related to the
conditions of protection established by this Act. Within one year of this
Act coming into force, the District Environmental Institution shall put
together and by formal public announcement declare the list of Protected
Woody Plants in its territorial region.
(10) Fully and partly Protected Plants including plants protected on
the territory of the Tatra National Park declared according to Article
9 of the Slovak National Council Act No. 1/1955 Coll. SNR on the State
Protection of Nature become Protected Plants according to this Act and
are related to the conditions of protection established by this Act.
(11) Protected Species of animals declared according to Article 9 of
the Slovak National Council Act No. 1/1955 Coll. SNR on the state protection
of nature, become Protected Animals according to this Act and are related
to the conditions of protection established by this Act.
(12) Protected kinds of minerals and fossils, declared according to
Article 9 of the Slovak National Council Act No. 1/1955 Coll. SNR on the
State Protection of Nature, become Protected Minerals and Protected Fossils
according to this Act and are related to the conditions of protection established
by this Act.
81) Article 1 par. 2 d) and Article 2 of the Slovak National Council
Act No. 1/1993 Coll. on the Provision of the Slovak Republic.
Article 69
Revoking provisions
(1) Revoked are:
-
the Slovak National Council Act No. 1/1955 Coll. SNR on the state protection
of nature in wording of the Slovak National Council Act No. 7/1958 Coll.
SNR, the Slovak National Council Act No. 100/1977 Coll., the Slovak National
Council Act No. 72/1986 Coll. and the Slovak National Council Act No. 128/1991
Coll.,
-
items No. 1 to 11 of Annex B and items No. 1 to 8 of Annex C of the Slovak
National Council Act No. 595/1990 Coll. on the State Environmental administration,
-
item No. 9 of Annex B of the Slovak National Council Act No. 369/1990 Coll.
on public provision,
-
Articles 2 to 6 of the Slovak National Council Act No. 11/1949 Coll. SNR
on the Tatra National Park,
-
Article 1 par. 2, Articles 4 to 10 of the Decree of the Chair of the Slovak
National Council No. 5/1967 Coll. on the provision of the Pieniny National
Park,
-
Decree of the Commissioners Body No. 5/1952 Coll. SNR on the Tatra National
Park,
-
Articles 2 to 8 of the Governmental Decree of the Slovak Socialist Republic
No. 1198/1978 Coll. on the Low Tatras National Park,
-
Article 1 par. 3, Articles 2 to 6 of the Governmental Decree of the Slovak
Socialist Republic No. 23/1988 Coll. on the Slovak Paradise National Park,
-
Article 1 par. 3, Articles 2 to 6 of the Governmental Decree of the Slovak
Socialist Republic No. 24/1988 Coll. on the Small Fatra National Park,
-
Article 1, Articles 5 to 9 of the Commissioners for Education and Culture
No. 211/1958 Central Committee, by which a Protected Species of plants
and conditions on their protection are specified,
-
Decree of the Commissioners for Education and Culture No. 212/1958 Central
Committee on voluntary operatives of the state protection of nature (conservationists
and correspondents),
-
Articles 2 to 10 of the Chair of the Slovak National Council Order No.
125/1965 Coll. on the protection of free-living animals,
-
Article 1 pars. 2 to 4, Articles 2 to 7 of the Ministry of Culture of the
Slovak Socialist Republic, Order No. 110/1973 Coll. by which the Protected
Range of Region Slovak Karst has been declared,
-
Article 1 pars. 2 to 4, Article 2, Article 3 pars. 2 to 5, Articles 4 to
7 of the Ministry of Culture of the Slovak Socialist Republic, Order No.
8/1974 Coll., by which the Protected Range of Region Grand Fatra has been
declared,
-
Article 1 pars. 2 to 4, Articles 2 to 7 of the Ministry of Culture of the
Slovak Socialist Republic, Order No. 9/1974 Coll. by which the Protected
Range of Region Vihorlat has been declared,
-
Article 1 pars. 2 to 4, Articles 2 to 7 of the Ministry of Culture of the
Slovak Socialist Republic, Order No. 64/1976 Coll. by which the Protected
Range of Region Small Carpathians has been declared,
-
Article 1 pars. 2 to 4, Articles 2, Article 3 pars. 2 to 4, Articles 4
to 7 of the Ministry of Culture of the Slovak Socialist Republic, Order
No. 9/1977 Coll. by which the Protected Range of Region Muranska Plain
has been declared,
-
Article 1 pars. 2 to 4, Article 2, Article 3 pars. 2 to 4, Article 4 to
7 of the Ministry of Culture of the Slovak Socialist Republic, Order No.
70/1977 Coll., by which the Protected Range of Region East Carpathians
has been declared,
-
the Ministry of Culture of the Slovak Socialist Republic, Order No. 120/1978
Coll. by which the provision of the Low Tatras National Park has been issued,
-
Articles 2 to 10 of the Ministry of Culture of the Slovak Socialist Republic,
Order No. 110/1979 Coll. by which the Protected Range of Region Upper Orava
has been declared,
-
Article 1 pars. 2 to 4, Articles 2 to 7 of the Ministry of Culture of the
Slovak Socialist Republic, Order No. 124/1979 Coll., by which the Protected
Range of Region Stiavnica Hills has been declared,
-
the Ministry of Culture of the Slovak Socialist Republic, Order No. 149/1980
Coll., by which the details on the protection of woody plants growing apart
from a forest, the procedure on their exceptional cutting down and on the
way of using wood material from these woody plants,
-
Article 1 pars. 2 to 4, Articles 2 to 6 of the Ministry of Culture of the
Slovak Socialist Republic, Order No. 97/1981 Coll. by which the Protected
Range of Region Polana has been declared,
-
Article 1 pars. 2 to 4, Articles 2 to 6 of the Ministry of Culture of the
Slovak Socialist Republic, Order No. 68/1984 Coll. by which the Protected
Range of Region Kysuce has been declared,
-
Article 1 pars. 2 to 4, Articles 2 to 6 of the Ministry of Culture of the
Slovak Socialist Republic, Order No. 58/1985 Coll. by which the Protected
Range of Region Ponitrie has been declared,
-
Articles 2 to 5 of the Ministry of Culture of the Slovak Socialist Republic,
Order No. 60/1986 Coll. on protected kinds of minerals,
-
Article 1 par. 2, Articles 2 to 5 of the Ministry of Culture of the Slovak
Socialist Republic, Order No. 220/1988 Coll. on the Protected Range of
Region of Zahorie,
-
Article 1 par. 2, Article 2 to 5 of the Ministry of Culture of the Slovak
Socialist Republic, Order No. 14/1989 Coll. on the Protected Range of Region
of Strazov Hills,
-
Article 1 par. 2, Article 2 to 6 of the Ministry of Culture of the Slovak
Socialist Republic, Order No. 65/1989 Coll. on the Protected Range of Region
of the White Carpathians,
-
Article 1 par. 2, Article 2 to 5 of the Ministry of Culture of the Slovak
Socialist Republic, Order No. 113/1989 Coll. on the Protected Range of
Region of the Cerova Highlands,
-
Article 1 par. 2, Article 2 to 5 of the Slovak Commision for the Environment
No. 278/1990 Coll. on the Protected Range of Region Latorica,
-
Article 1 par. 4, Article 2 and 3 of the Slovak Commision for the Environment
No. 166/1991 Coll. on state nature reservations and protected sites in
the Tatras National Park,
-
Articles 2 and 4 of the Minsitry of the Environment of the Slovak Republic
No. 83/1993 Coll. on state nature reservations,
-
the Decree of the Minister of the Czechoslovak Republic with power of attorney
for the administration of Slovakia No. 31-1921/10873 U.n. on the protection
of primeval and Natural Landmarks,
-
legal decree provisions, by which the state nature reservations, protected
sites, protected educational areas, protected parks, protected gardens,
protected natural creations and protected Natural Landmarks have been declared
and specified, with the exception of the provision on the declaration of
their protection, definition of their territory and protected range,
-
legal provisions, by which caves, abysses and natural waterfalls with their
rocky levels have been declared as protected natural creations or protected
Natural Landmarks, with the exception of those legal provisions by which
the protected natural creations have been declared in Annex No. 3 of this
Act.
(2) In Article 2, the second sentence of Act No. 17/1992 Coll. on the
environment, the words “ecosystems and energy“ have been deleted.
(3) In Article 2, the second sentence of Act No. 17/1992 Coll. on the
environment, the words “species of organisms“ have been deleted.
Article 70
Efficiency
This Act shall enter into force on January 1, 1995.
Michal Kováč sign. manual
Ivan Gašparovič sign. manual
Jozef Moravčík sign. manual