135/1974 Coll.
THE ACT
of the Slovak National Council
from the 19th December, 1974
on State Administration in Water Management
Amendment: 52/1982 Coll.
Amendment: 595/1990 Coll.
Amendment: 128/1991 Coll.
Amendment: 238/1993 Coll.
The Slovak National Council resulted in this Act:
PART ONE
Water management bodies and their operancy
Article 1
Water management bodies
State administration in the area of water management, according to the Water Act 1), and this Act, as well as the tasks, determined by the provisions, based on these Acts, are being realised by water management bodies, which are
a) national committees,
b) the Ministry of Forest and Water Management of the Slovak socialist
Republic, as central water management body of the Slovak socialist
Republic (hereafter „Ministry“).
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1) The Act No. 138/1973 Coll. on Water (the Water Act).
Article 2
District national committees
The operancy, which according to the Water Act, belong to water management bodies, is being realised by district national committees, unless the Water Act or this Act do not authorise other bodies.
Article 3
Town national committees
(1) Town national committees
a) modify, limit, respectively prohibit, according to the Art. 5 par. 3 of
the Water Act, general using of surface water, if these are not
border flows, water in fish ponds, or in any other water ponds,
administered by fish management,
b) limit, or otherwise modify supplying with drinking water, respectively
usage of drinking water in case of its shortage, and decide in the
disputes for primary determination of drinking water from public
waterpipings, according to the Art. 30 par. 3 of the Water Act,
c) impose the actions to be taken for repairing incorrect statement, if
such provisions do not require the admittance, for that person, who
damages public sewerage or public waterpiping, respectively endangers
their operancy.
(2) Town national committees in centralised villages and town national committees, as long as these are not border flows,
a) admit the withdrawal and other usage of surface water and ground
water, according to the Art. 8 par. 1 a) and b) of the Act on
Water, for the needs of individual citizens (households), as well as
establishing, changing and cancelling water management works, which
relate to this withdrawal,
b) admit the buildings for draining of the lands up to the area of 5
hectares,
c) decide in the cases, in which they are authorised to admit water
management work, as well as in other water management matters, relating
to this water management work,
d) decide in the disputes for facility, respectively for cancelling the
connection to public waterpiping or to public sewerage for individual
buildings for living, in case that the connection is not water
management work,
e) provide the approval, according to the Art. 13 of the Water Act, for
buildings, facilities, respectively for activity in flooding areas,
protected areas of natural accumulation of water and in preserved
belts, and that for the buildings of individual houses for living, small
buildings, as well as for surface and terrain modifications, which do not
influence sewerage relations, if these are not the buildings, listed in
the Article 13 par. 1 a) or b) of the Water Act,
f) provide their comments, according to the Article 14 of the Water Act, in
the cases, in which they are authorised to provide the admittance or the
approval.
(3) Town national committees in another villages may realise the operancy, mentioned in the par. 2, only after authorisation, issued by regional national committee, after negotiating with relevant district national committee, if there are necessary conditions created for it.
(4) In the cases, listed in the par. 1, district national committees may reserve the decision, mainly if these are spatial counties of several town national committees.
Article 4
Regional national committees
(1) Regional national committees admit:
a) draining waste water into surface water or into ground water
1. from hospitals and from other medicinal facilities,
2. from the headquarters of administered industrial organisations and
from agricultural organisations,
3. from public sewerage
in the cases and in the extent mentioned in the Annex to this Act; in
the cases mentioned in par. 1 and 2 they also admit relevant
withdrawal of water,
b) the withdrawal of ground water and surface water for the needs of
public waterpiping, which exceed the area of one district, or they
relate to the interests of several districts,
c) the withdrawal of water for moisturising the lands, which take up over
1000 hectares,
d) the withdrawal and other handling the water, specially important from
state water management balance point of view, in the cases, determined
by the Ministry; if it does not relate to the withdrawal of water for
the needs of public waterpiping, they also admit relevant discharge of
waste water,
e) catching surface water into the containers with total capacity over
1 000 000 m3, or with the height of the dike object over 8 m from the
bottom of base outflow, including water management works and facilities,
which enable using the water energy,
f) the buildings for protection against flooding, overreaching the area of
one district and water management works, placed at water ways 2),
established for shipping purposes, or influencing the shipping
conditions,
g) water management works of draining complexes, which take up over 2000
hectares,
h) water management works, which enable handling the water, and which
require the admittance from regional national committee.
(2) Regional national committees decide
a) in the cases, in which they are authorised to admit water management
work, and also in another water management matters, relating to this
water management work, respectively to admitted handling the water,
b) in water management matters of border flows, after negotiating with the
Ministry, and if the decision influences the directing, character or
marking of state border, also with the Federal Ministry of Interior.
(3) Regional national committees
a) manage and direct, according to directive water management plan,
handling the water, their protection, as well as other water management
matters in the region, and they do so in the extent of the operancy and
in the way, established by national committee by this Act,
b) determine flooding areas nearby water management important water flows
in the cases, which they reserve by themselves, after negotiating with
relevant national committees,
c) approve sewerage guidelines of public sewerage, for which they also
approve draining the waste water,
d) provide the approval, according to the Art. 13 par. 1 of the Water Act,
for the buildings, facilities, respectively activities, if these are
being realised on the water ways,
e) provide their comments, according to the Art. 14 of the Water Act, in
the cases, in which they are authorised to issue the admittance or
approval; in the matters of border flows, they provide their comments
after negotiating with the Ministry,
f) keep the records on small water flows and propose their administrators
to the Ministry,
g) in extraordinary situation, mainly in case of shortage of the water and
in case of emergency impairment of the quality of the water, they take
the actions, which belong to the operancy of national committees of
lower level, and they do so in the cases overreaching spatial area or
possibilities of national committees of lower level.
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2) The Act No. 26/1964 Coll. on Internal Shipping.
Article 5
The Ministry of forest and water management
of the Slovak socialist Republic
The Ministry
a) manages the execution of the state administration in the sphere of water
management,
b) cares for the protection of natural accumulation of water and water
sources, for protection of water flows, for protection of the quality of
surface and ground water, as well as for removing, respectively
limiting their previous impairment,
c) performs analysis of the statement of using water sources, arranges
keeping the balance between the capacity of water sources, the need and
usage of water, and the most effective and the most reasonable using of
water sources from the point of view of the needs of national industry
and arranges its record keeping,
d) centrally plans and directs managing the water, forms and modifies
directive water management plan and arranges implementing of its
principles, when managing the water,
e) assigns, after the proposal from regional national committees, the
administrators of small water flows, and arranges the administration of
water flows, important from water management point of view, and he does
so through by him managed state water management organisations,
f) arranges hydrological service and hydrological exploration,
g) cares for navigability of water flows and building water ways,
h) centrally manages the preparation and construction of water management
works complexes,
i) provides his comments, according to the Art. 14 of the Water Act, on
centrally considered buildings, if these in decisive way influence
handling the water, protection of water, or protection against
floggings,
j) manages, in supervised organisations, in the frame of unified state
science-technical policy, basic and applied water management exploration
and water management development,
k) conducts main water management supervision,
l) approves complex manipulation guidelines for water management works
complexes, which influence water management in spatial regions of
several regional national committees,
m) decides in the doubts on the extent of the obligations, respectively
authorisations of the administrators of water flows, important from
water management point of view, if this is not decision-making
according to the Administrative Proceedings,
n) more in detail modifies, by generally binding legal provision, the tasks
of individual water management bodies, established by this Act.
Article 6
Local relevancy of water management bodies
(1) The local relevancy of water management bodies for issuing the admittance for handling the water, for water management works and for some activities, according to the Art. 8 to 10 of the Water Act, is being determined by the sight of the work, respectively by the sight of the activity.
(2) If water management work, which requires the admittance by relevant district national committee, is situated at the area of several districts of the same region, then the district national committee, in which district area, the bigger portion of the water management work is situated, is relevant. Regional national committee will determine the relevancy in case of doubts, in which district, the bigger portion of the water management work is situated, and if these are the districts in several regions, then the relevancy will be determined by participated regional national committees; if there is no agreement, then the Ministry will determine the relevancy.
(3) If water management work, which requires the admittance by relevant regional national committee, is situated at the area of several regions, then the regional national committee, in which region area, the bigger portion of the water management work is situated, is relevant. Ministry will determine the relevancy in case of doubts, in which region, the bigger portion of the water management work is situated.
Article 7
Parallel tie of the admittance of
water management bodies of different levels
If the same applicant requires parallel issuing of several admittance, when different levels of water management bodies are relevant for their issuing, then the water management body of the highest level from them will decide on issuing these admittance. The Ministry may modify the details by generally binding legal provision.
PART TWO
Directive water management plan
and the protection of water management interests
Article 8
Creating and modifying
directive water management plan
(1) Directive water management plan is being created and modified by the Ministry in co-operation with relevant central bodies, so that it is in the harmony with the perspective of the development of individual sectors of national industry and with the protection of environment.
(2) The Ministry may authorise lower water management bodies with elaborating the basis for creating and modifying directive water management plan. The Ministry, respectively for it authorised organisations and water management bodies, may require from those, who have the requirements for the water, or somehow influence managing the water, respectively its quality, so that they, without any compensation, report them the data, necessary for creating and modifying this plan, or they may gain these information at them.
(3) The Ministry creates, in the frame of directive water management plan, the state water management balance, which contains the appreciation of the supply of surface and ground water, their quality and present, as well as possible usage; at the same time, it establishes the principles of annual and few-years managing with water in individual watersheds and determines necessary ratios, mainly ratios of minimal flow of the water in water flows, and the ratios of the need, usage, respectively the quality of water when handling it. When determining the ratios of minimal flows in water flows, he takes into consideration the needs of the users of water, including the needs for shipping on navigable flows, and the protection of important society interests.
(4) The Ministry may authorise lower water management bodies, so that they determine the ratios for individual partial watersheds, respectively for parts of water flows, according to the principles, established by him.
(5) The supply of surface and ground water and their quality is being recorded and evaluated in the balance, by the organisations, authorised by the Ministry, and they do so, according to the guidelines, issued by the Ministry, after negotiating with relevant central state administration bodies.
Article 9
The protection of water management
and other important interests of society
Water management bodies are obliged to depart from directive water management plan, mainly from state water management balance, when deciding, commenting and issuing other provisions in water management, to fulfil the principles of annual and few-year managing with water in individual watersheds and pay attention to the protection of the environment and to other important interests of society.
PART THREE
Water management supervision
Article 10
Water management supervision of national committees
(1) National committees supervise the fulfilling of provisions of the Water Act, of this Act and of the provisions, issued, based in these Acts, and in the extent of their operancy, they impose the measures to be taken for removing discovered insufficiencies.
(2) National committees are obliged permanently to control, whether by them issued decisions, provisions of the Water Act for protection of water, including their quality, are being fulfilled, whether water management works are being kept in correct statement, and whether their operation is being conducted, according to approved sewerage, manipulation or operational guidelines.
(3) National committees, when realising water management supervision, may require the co-operation of bodies, which monitor the quality and health harmless quality of water, bodies for nature protection, bodies of state industrial managing the agriculture, fish management, respectively other bodies, as well as society organisations, performing their activities at these spheres. They may authorise the members with some tasks, as long as it is not the decision in the matters of state administration, after negotiating with these organisations.
(4) National committees realise, as a part of water management supervision, technical-security supervision over water management works, of which statement could endanger the security of the persons or the property. At the same time, they check, how the administrators (owners, users) of these works, arrange professional technical-security supervision on them, and how do they realise necessary actions for their security.
(5) The Ministry may modify, by generally binding legal provision, the method of realising water management supervision of national committees, as well as realising professional technical-security supervision in the cases, when it is not being realised by the organisation, which is being authorised, according to the Art. 41 par. 1 c) of the Water Act., or if this is the water management work under construction.
Article 11
Main water management supervision
(1) The Ministry assures, in the frame of main water management supervision, that lower water management bodies realise the provisions of the Water Act, of this Act and of the provisions, issued based on them.
(2) In the frame of main water management supervision, the Ministry checks also, how do the bodies and organisations fulfil the provisions of the Water Act on the protection of water and provisions, issued based on it, how the decisions of water management bodies are being fulfilled, how do the administrators (owners, users) of water management works fulfil their obligations, and the administrators of water flows, and how do the organisations, authorised by the Ministry, according to the Water Act or according to this Act, fulfil their tasks. If he discovers some insufficiencies, he may impose necessary actions to be taken, in order to remove these.
Article 12
abrogated
Article 13
The rights of the persons, realising
water management supervision
Persons, realising supervision, according to the Art. 10 to 12, are authorised, when fulfilling their tasks, to enter the lands, the factories, facilities and objects, if it does not require admittance, according to special provisions, to perform necessary explorations, to require necessary data and explanations and to look into relevant documents; at the same time, they are obliged to keep state, industrial and professional secret on the facts, which they have discovered during their activity and to identify themselves with the card of the body, which authorised them to perform the supervision.
PART FOUR
Proceedings and water management record keeping
Article 14
Proceedings
(1) If this is not enacted otherwise by this Act, then water management bodies, in the matters regulated by the Water Act and by this Act (hereafter „ water management proceedings“) follow the Administrative Proceedings, 3) respectively the Building Order, 4) if it relates to establishing, changing or cancelling water management work.
(2) It is necessary to enclose with the application also the documents, containing data, which are decisive for judging the impact of required decision to water management relations. If this is the application for approval, which is at the same time, the decision on admitting the building, 5) then it is necessary to enclose also the documents, which are being required for the application for such decision, according to the Building Order. The applicant is obliged to submit other documents, respectively the expertise on the impact of required decision on other legally protected interests, after being asked for it.
(3) The Ministry establishes, in the form of the Order, more in detail, in which cases and which documents, is the applicant for the decision, obliged to submit, as well as other details of issuing the admittance, approvals and comments.
(4) If water management proceeding relates to user’s rights to agricultural or forest lands, which are being used by socialist agricultural or forest organisations, then only these organisations are participants of water management proceeding.
(5) The administrator of the water flow is the participant of water management proceeding, in the matter of admittance or approval of water management body.
(6) In the cases, in which the decision of water management body may influence water management relations in spatial areas of several town national committees, the water management body will report the term and the subject of oral proceeding in the form of the public order, also at these national committees. He will invite, in written form, for oral proceeding, every participant of water management proceeding, who is familiar to him.
(7) The invitation for oral proceeding will be delivered from water management body to the participant into his own hands, no later than 8 days, in more complicated cases, no later than 30 days, before the day of oral proceeding. During that period of time, also the orders on notification of oral proceeding, according to par. 6, will also be placed.
(8) If the decision influences water management relations, or the quality of the water, in the area of the operancy of other water management body, then materially and locally relevant water management body, after the negotiating with water management bodies, of which area the decision relates to, will decide.
(9) In simple matters, mainly if it is possible to decide, based on the documents submitted by the participant of water management proceeding, the water management body will decide immediately. In remaining cases, he will decide no later than 60 days, in extra complicated cases no later than 3 months from starting water management proceeding. If it is not possible, taking into consideration the character of the matter, to decide not even in such period, then appealing body may prolong the period adequately.
(10) Water management body may deliver the decision to participants of proceeding, with the exemption of the applicant for admittance and the administrator of water flow, respectively the person, who submitted the objections, in the form of public order at town national committees, in areas of which, the interests of participants are being touched.
(11) If the water management body issues several admittances for the same applicant at the same time, he may do so in one decision.
(12) If it is required by water management or any other important interests of society, then water management body may, in new water management proceeding, change or abrogate also other own decision, issued in the dependency with the admittance, which was changed or abrogated.
(13) The costs, connected with professional expertise, in water management proceeding, which was initialised by the applicant for the admittance, are being covered by the applicant.
(14) The actions of water management bodies, taken according to the Art. 5 par. 3, the Art. 16 par. 1 and the Art. 30 par. 3 of the first sentence of the Water Act, are, by the principle, announced by public order, or by any other locally common method.
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3) The Act No. 71/1967 Coll. on the Administrative Proceedings (the
Administrative Proceedings).
4) The Act No. 87/1958 Coll. on the Building Order and execution
provisions.
5) the Article 9 par. 3 of the Water Act.
Article 15
Water management record keeping
(1) Water management bodies are obliged to keep the records of by them issued admittances, approvals, comments and other decisions.
(2) The Ministry will determine the details on method and extent of water management record keeping, he can also authorise, him administered organisations, respectively some water management bodies, to keep the records on total water management evidence.
(3) The person, who proves reasonable interest for facts, mentioned in the water management records, may take a look at these records, unless it requires the approval according to special provisions.
PART FIVE
Factory and business water managers
Article 16
(1) The organisations, which withdraw, or otherwise use the water, or drain waste, respectively extraordinary water, in the quantity and the quality, over the level determined by the Ministry, after the agreement with relevant central bodies, are obliged to take actions, in order to arrange qualified workers (factory and business water managers) for professional managing with water and cleaning waste water. The organisations and bodies, which supervise these organisations, as well as their central bodies, assign qualified workers similarly.
(2) The Ministry, after the agreement with relevant central state administration bodies, will determine the details on establishing the activity and qualification of workers, mentioned in par. 1.
PART SIX
The protection against flooding
Article 17
General obligations, relating to the protection against flooding
(1) In the time of flooding emergency and during the flooding, the bodies, organisations and citizens are obliged, under the instruction from relevant flooding bodies mainly:
a) to provide transport and mechanisation equipment, fuels, tools and other
necessary equipment,
b) to take part, according to their possibilities and powers, in the jobs
for protection and saving the people and the property, endangered by
flooding,
c) to bear removing the buildings, their parts or undergrowth.
(2) Flooding bodies impose the obligations, according to par. 1, only in necessary needed extent.
Article 18
Managing the protection against flooding
(1) The following flooding bodies arrange the protection against flooding:
a) the Ministry, the Ministry of Interior of the Slovak socialist Republic
and national committees,
b) Central Flooding Commission and flooding commissions of national
committees.
(2) The Ministry centrally manages and controls the preparation and realising securing jobs for protection against flooding. The Ministry of Interior of the Slovak socialist Republic centrally manages and controls the preparation and realising flooding saving jobs. National committees, in their areas, realise prevention measures for protection against flooding; they organise and manage saving jobs.
(3) The Ministry and the Ministry of Interior of the Slovak socialist Republic co-operate in the matters of the protection against flooding. Other bodies and organisations co-operate with flooding bodies and help them in arranging the protection against flooding.
(4) Central flooding commission co-ordinates and controls preparation and realisation of preventive measures of central bodies and national committees for protection against flooding; it approves complex flooding plans. Central flooding commission in the time of flooding emergency and during the flooding, endangering great area, if flooding commissions of regional national committees are not able to realise necessary measures by own powers and tools, and on border flows it manages, co-ordinates and controls, in the full extent, the protection against flooding (securing jobs and saving jobs).
(5) The Government of the Slovak socialist Republic (hereafter „the Government“), which approves the status of the central flooding commission, establishes also central flooding commission. The chairman of the commission is the Minister of forest and water management of the Slovak socialist Republic and vice-chairman is the Minister of Interior of the Slovak socialist Republic.
(6) Flooding commissions of national committees in the time of flooding emergency manage, co-ordinate and control the protection against flooding in the area of their national committee.
(7) Plenary meeting of national committee establishes flooding commission of national committee; the chairman of the commission is the chairman or vicechairman of national committee. Flooding commission is managed by the council of national committee; the commission is subordinated also to flooding commission of national committee of higher level, and if this is the flooding commission of regional national committee, then this one is subordinated to central flooding commission, if in the time of flooding emergency and during the flooding, the managing of protection against flooding, , is not overtaken by flooding commission of national committee of higher level, in full extent, or if that is flooding commission of regional national committee, then central flooding commission does so.
(8) Central flooding commission and flooding commissions of national committees, in the time of flooding emergency, and during the flooding, may issue instructions for taking the actions, necessary for arranging the protection against flooding. These instructions are not the decisions, according to the Administrative Proceedings.
Article 19
Forecast, reporting and warning flooding service
(1) The bodies, organisations and citizens are obliged, without any delay, to report flooding emergency to flooding bodies.
(2) The bodies and organisations, mainly those, which arrange telecommunication services, are obliged to primarily arrange the communication of the news and reports of forecasting and reporting flooding service in the matters of the protection against flooding.
Article 20
The costs for measures for protection against flooding
(1) The bodies, organisations and citizens cover the costs, resulting from own measures for protection of their property (the property in their administration or usage) against flooding, themselves.
(2) The costs for arranging the jobs at water flows and at water management works, are being covered by their administrators (owners, users). The costs for saving jobs, besides the costs, according to par. 1, are being covered by district national committees, according to special provisions, which will be issued by the Ministry of Finance of the Slovak socialist Republic, in co-operation with relevant central state administration bodies.
(3) The Ministry after the agreement with the Ministry of Finance of the Slovak socialist Republic may determine, in which other cases and against whom, the right for compensation of the costs, resulted for those, who realised the measures for protection against flooding, under the instruction from flooding body, belongs to.
Article 21
The compensation of the loss, caused by the provisions,
realised for protection against flooding
The national committees compensate the losses to citizens, which will arise to them as a result of the activity and measures for protection against flooding; they also compensate the losses to the organisations in such cases, for the things and the costs, connected with recompensation of work injuries. 6) Relevant district national committee decides on the compensation of these losses and provides the compensation.
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6) the Article 190 and following of the Labour Code and the Art. 44a of the
Governmental Decree No. 66/1965 Coll., through which the Labour Code is
being executed, in the wording of the Governmental Decree No. 60/1970
Coll.
Article 22
Execution provisions
The details on executing the protection against flooding, mainly on tasks and co-operation of the bodies, organisations and citizens, during flooding, will be determined by the Government, in the form of the Decree.
PART SEVEN
Water guard
Article 23
(1) Water management bodies, after the proposal from the administrators of water flows or the administrators (owners, users) of water management works will establish the water guard, for protection of water, water flows and for the protection of water management works. Water guard may also be established after the proposal from society organisation. The administrators (owners, users) and society organisations, on which proposal the water guard was established, cover the costs, related to water guard. In special cases, if it is required by the protection of significant interests of society, relevant water management body may impose the administrator (owner, user) to submit the proposal for assigning the water guard.
(2) The member of the water guard is authorised, when performing the protection, to enter other’s lands and water management works, if this does not require the admittance, according special provisions, to explore the persons, which infringe the provisions of the Water Act on protecting the water, water flows and water management works, and to report them to water management body, by which he was assigned. The member of water guard is authorised to impose fines in block proceedings, according to special provisions.
(3) The water guard, when fulfilling its tasks, may require for the co-operation with National Security Body, if it can not arrange to fulfil its tasks by own powers or tools. Water guard, when realising its activity, is obliged to carry service pin with state badge.
(4) The Ministry, after the agreement with the Ministry of Interior of the Slovak socialist Republic, will determine, in the form of generally binding legal provision, the water management bodies, which establish the water guard, as well as other details on establishing the water guard, mainly on giving the promise, on external marking of its members, and on execution of the protection.
PART EIGHT
Fines
Article 24
(1) The water management bodies will impose the fines in the extent, and under the conditions, determined by the Government, for the organisations, which infringe the obligations, established by this Act, respectively established according to it. Water management bodies impose, under the conditions established by the Government, the fines also for the employees of these organisations, who caused the infringement of the obligations of the organisations, unless it is criminal act or delinquency. The amount of the fine for the employee, may not exceed three times his average month salary. 7)
(2) Criminal responsibility of the employees, as well as criminal responsibility of the organisation, according to the provisions on loss compensation, stay untouched by imposing the fine to organisation. If the fine, according to the par. 1, was imposed to the employee, then it is not possible to impose the fine to him according to other provisions.
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7) the Art. 275 of the Labour Code.
PART NINE
Final, preliminary and revoking provisions
Article 25
Water management bodies co-operate with relevant state administration bodies, during the actions, according to the Water Act and to this Act, as well as according to the provisions, issued based on them.
Article 26
(1) The organisations, which, as for the day of the force of this Act, drain waste or extraordinary water into surface or ground water, are obliged to report the quantity, quality and method of draining these water, to the water management body, which is relevant for issuing the admittance, within the period of 3 months from the day of the force of this Act. If the draining of these water is not in accordance with the provisions of the Water Act or with determined ratios, the water management body will decide, whether, and in which extent, and under which conditions, he will admit its draining. In the admittance, he will also determine acceptable level of the quality of drained waste or extraordinary water, and the period, in which this level has to be achieved, respectively to build necessary cleaning facility.
(2) The Ministry, after the agreement, with relevant central state administration bodies, will issue the Order, in which it will establish the procedure of water management body, so that the handling with the water is being harmonised with the Water Act, within the period of one year, in some extra reasonable cases within the period of two years, and as far as public sewerage, within the period of three years, from the day of the force of this Act.
Article 26a
(1) Legal entities and natural persons, authorised for conducting the business activities, which up to the day of the force of this Act, drain waste or extraordinary water into surface or ground water, are obliged to report the quantity, quality and method of draining these water, to relevant water management body, by the 31st December, 1993. They also submit to him the admittance for draining waste or extraordinary water, for the purposes of its exploration.
(2) If water management body discovers, that previous sewerage of waste or extraordinary water into surface or ground water, is not in the dispute with established ratios of acceptable level of water pollution, then he will keep previous admittance valid, respectively will modify it, according to actual pollution of waste or extraordinary water, being drained into surface or ground water.
(3) In the cases, in which previous draining of waste of extraordinary water into surface or ground water exceeds established ratios of acceptable level of pollution of the water, it will have to be harmonise with them; water management body will decide, whether, and in which extent, and under which conditions, he will admit its draining. In the admittance, he will also determine acceptable level of the quality of drained waste or extraordinary water, according to established ratios, and the period, in which it has to be achieved.
Article 26b
Water management body will decide, in the cases, reported according to the Article 26a par. 1, no later than by the 30th of September, 1994. In the admittance, according to the Art. 26a par. 3, it is not possible to establish longer period than the 30th of September, 2002.
Article 27
(1) The organisations, which administer, as for the day of the force of this Act, the public sewerage, will submit the proposal of sewerage guideline 8) to water management body, which is relevant for its approval, and they will do so in the period determined by him.
(2) The person, who drains waste or extraordinary water, polluted at their formation over the level determined by the sewerage guideline, into public sewerage, is obliged to apply for the admittance, according to the Art. 24 par. 3 of the Water Act, within 6 months from approval of this guideline. If water management body issues the admittance, he follows similarly according to provision of the Art. 26 par. 1.
(3) The Ministry will modify, after the negotiation with relevant central state administration bodies, the periods and procedure for water management bodies, when issuing admittances according to par. 2.
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8) the Art. 24 par. 2 of the Water Act.
Article 28
Water management proceedings, which started before the force of this Act, will be finished by the water management body, which started the proceedings, as a relevant, according to previous provisions.
Article 29
(1) The following issues are not being touched by this Act:
a) the provisions, regulating the operancy of Slovak Geology Office, Slovak
Office for the Security of the Work, and Slovak Mining Office,
b) special provisions, regulating the execution of the state administration
at the field of water management in reserved areas of Czechoslovak
People Army and Armed security bodies, 9)
c) the provisions of the Art. 29 of the Act No. 18/1958 Coll. on fire
protection security, if these are flooding saving jobs, realised by fire
protection units and execution of the protection against flooding,
unless being regulated by this Act and provisions, issued based on it.
(2) Management of water management melioration of agricultural lands, including moisturising and draining complexes, belongs to the operancy of the Ministry of Agriculture and Nourishment of the Slovak socialist Republic, if this is not enacted otherwise by the Water Act or this Act. The Ministry of Agriculture and Nourishment of the Slovak socialist Republic may, after the agreement with the Ministry, modify the details at this field.
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9) E.g. the Act No. 169/1949 Coll. on Military Districts.
Article 30
The following is being abrogated :
1. the Act No. 86/1949 Coll. on sworn forest keepers for protection of
forests, field property, hunting, fishing and water and water works,
if it relates to sworn forest keepers for protection of water and water
works,
2. the Order of the Ministry of Land Management No. 615/1949 Coll.,
which determines the sample of the certificate on establishing sworn
forest keepers for protection of forests, field property, hunting,
fishing and water and water works and on its overtaking into sworn, if
it relates to sworn forest keepers for protection of water and water
works,
3. the Order of the Ministry of Agriculture, Forest and Water
Management No. 136/1960 Coll. on State Water Management Inspection in
wording of the Order of the Central Water Management Administration
No. 55/1966 Coll.
4. the Governmental Decree No. 65/1968 Coll. on amendments of the operancy
in the sphere of the protection against flooding.
Article 31
This Act enters into force on the 1st April, 1975, the Act No. 52/1982 Coll. enters into force on the 1st July, 1982, the Act No. 595/1990 Coll. enters into force on 29th December 1990, the Act No. 128/1991 Coll. enters into force on 15th April, 1991, the Act No. 238/1993 Coll. enters into force on the 1st November, 1993.
Štencl sign manual
DR Colotka sign manual
ANNEX
The cases, in which regional national committees admit
sewerage of waste water according to
the Art. 4 par. 1 a)
To point 1: The hospitals and medical premises, of which infection
department capacity exceeds 150 beds.
To point 2: a) Cellulose production,
b) the production of artificial chemical strings, based on
cellulose,
c) gas plants, processing brown coal,
d) petroleum refineries and petrochemical industry,
e) synthetic paints production,
f) processing of raw skins over 15 000 tons of fresh weight
annually,
g) mining and processing of uranium ore, and atom electric
plants,
h) pharmaceutical industry,
i) mass pork producers with the capacity over 5000 pieces.
To point 3: Public sewerage, draining total pollution in the ratio BOD 5 over 1000 t per year or over 300 l per second of waste water.