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Nature Conservation Legislation

Nature Conservation 2/2010 20. 4. 2010 Nature Conservation Legislation Print article in pdf

Objection Procedures in Declaring Specially Protected Areas and Their Buffer Zones

v procesu vyhlašování zvláště chráněných území a jejich ochranných pásem

author: Miroslav Kristen

The article analyses legal aspects in objection procedures as a facultative part of declaring Specially Protected Areas and their buffer zones.

The article analyses legal aspects in objection procedures as a facultative part of declaring Specially Protected Areas and their buffer zones before the last amendment to Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later, and after the amendment. Particularly, it aims at a new, broader definition of parties to the specific administrative procedure. Special attention is given to more detailed identification of property owners affected by proposed protection as subjects justified and competent to submit their objections against the proposal to declare a Specially Protected Area and its buffer zone, when the law newly explicitly states that the state of registration in the Land Registry is decisive. Furthermore, the author deals with possible ways of delivering notices on the proposal to declare a Specially Protected Area to affected owners, points out some complicated situations during the delivery and proposes their solutions. Finally, he mentions the changes related to promulgation of a decision on the objections.