The Journal is published by the Nature Conservation Agency of the Czech Republic in cooperation with the Cave Administration of the Czech Republic, the Krkonoše Mts. National Park Administration, the Bohemian Forest Mts. National Park Administration, the Podyjí National Park Administration and the The Bohemian Switzerland National Park Administration. It has been published since 1946.
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Nature Conservation 3/2010 — 22. 6. 2010 — Nature Conservation Legislation — Print article in pdf
Statutory Exemptions from Basic Territorial Protection in the Specially Protected Areas
The article deals with enacting the statutory exceptions from prohibitions in the Specially Protected Areas pursuant to Article 43 of Act No. 114/1992 Gazette on the Protection of Nature and the Landscape.
The amendment to the Act by Act No. 349/2009 Gazette caused a relatively principal change in enacting the exemptions. Since December 1, 2009 the exemptions have not been enacted by the Government of the Czech Republic, but the respective State Nature Conservancy authorities. If a public interest considerably overrides the interest of nature conservation, the exemption is enacted by the Ministry of the Environment of the Czech Republic pursuant to the Government of the Czech Republic resolution (Article 43, paragraphs 1 and 2 of Act No. 114/1992 Gazette). All other exemptions are enacted by the respective State Nature Conservancy authority within its territorial scope (Article 4, paragraph 4 Act No. 114/1992 Gazette). Newly, the exemptions shall be enacted if another public interest overrides the nature conservation interest, a certain plan in the sake of nature conservation is being implemented or if the permitted activity does not significantly affect status of the subject to be protected in the Specially Protected Areas. The amendment to act improves enacting the so-called small statutory exemptions. Nevertheless, a frequently criticized principal involvement of the Government in the exemptions with an overriding public interest has been kept. Therefore, the current enactment has been a compromise, which was stopped at the half-mark towards effective and high-quality legal regulations.