Compensation in Czech law Petra Humlickova Utrecht, Water and Oceans Law in Times of Climate Change 2013

Compensation on nature § 68 Act 114/1992 Coll. on protection of nature and landscape – Owner/tenats of land – Improve the condition of preserved natural environment and landscape – For the purpose of preserving diversity of natural species and systems of ecological stability – Nature conservation authorities themselves Owner not respond 30 cases/year (x 400 fines)

Compensation on nature II § 8 Act – felling wood – compensatory planting – Subsequent care max. 5 years – Methodology on assessing trees § 66 Act – Prohibit/impose condition activities that could cause unwarranted change on nature Permitted activities

Compensation on waters Fees Impact assessment NATURA 2000 Environmental liability – Transfer of State Property to Third Persons – Act on Environmental Liability – Water Act

Fee Withdrawal of surface or ground water Discharge of waste water – Amount – Pollution State Environmental Fund x municipalities x river basin administrators

Impact assessment on NATURA 2000 § 45i act 114/1992 Coll. on protection of nature and landscape Project or plan with negative impacts – no alternatives – imperative reasons of overriding public interest – Ensure compensatory measures Compensatory measures – Competent bodies – municipalities or specialised bodies in protected areas – Necessary to ensure the overall coherence of NATURA 2000 sites – Plan ensure the possibility of replacing the locality concerned by implementation of plan of similar scope and quality and with the same degree protection – Project creating the conditions for maintaining or improving the subjects protection in the same location replacement by site at other locations of similar scope and quality – Only listed in statement of impact assessment x must be within the permit – Interruption of process till carry out compensatory measures Never used in CZ

Transfer of State Property to Third Persons Act 92/1991 on Conditions of Transfer of State Property to Third Persons – Contract – EU funds

Act on Environmental Liability I Act 167/2008 on prevention and remedying of environmental damage environmental damage: – groundwater or surface waters – occur directly or indirectly – measurable adverse change in a natural resource – measurable impairment of a natural resource service – significantly adversely affects the ecological, chemical or quantitative status of water or its ecological potential

Act on Environmental Liability II Preventive and remedial measures Recovery – return of damaged natural resources and impaired services to baseline condition existing at the time of the environmental damage that would have continued to exist had the environmental damage not occurred estimated on the basis of the best information available Proceedings – Ex officio – On request Never used in CZ

Water Act I § 40 – 42 Act 254/2001 on Water Impacted state – Accidents Exceptional serious threat or deterioration Always oil, especially dangerous substances, radiation, technical disorders of equipment, protected areas – Unauthorised discharge of waste water – Unauthorised operations involving harmful substances Originator + legal successors Remedial measures – Necessary to remedy impacted state Baseline condition Conditions set by Czech Environmental Inspectorate or municipality

Water Act II Water authority or Czech Environmental Inspectorate – competence problems Proceedings – Originator – Fail to perform + danger may be involved in delay – water authority or Czech Environmental Inspectorate ensure at originator‘s account – Special account – 13 x cca € – No public participation

Act on Environmental Liability x Water Act Where environmental damage is caused by an accident pursuant to the Water Act: – the procedure in remedying and elimination of adverse consequences thereof - Water Act – the procedure in imposing remedial measures to eliminate the consequences of the accident - Act on Environmental Liability

Water Act III In 2012 Cca controls 400 x fine 58 x accidents 412 x public motions 76 x compensatory measures

Conclusions Not used acts Fines overestimating above compensatory measures Special funds Detailed level for compensatory measures Public participation + access to justice