Nature Conservation 2/2012 — 23. 8. 2012 — Nature Conservation Legislation — Print article in pdf
Mlčoch S.: Twenty Years of the Act on Protection of Nature and the Landscape
The article reminds the 20thanniversary of passing Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, also known as the Act on the Nature and Landscape Protection. It has been the most important national nature conservation regulation, providing a current and strong legislative background for nature conservation and landscape protection in the Czech Republic.
The Act passed through the Czech National Council smoothly and positively: 90% of the Members of Parliament presented voted in favour of it. The fact confirms that after the 1989 Velvet Revolution, nature conservation was considered as a high priority by MPs. Furthermore, the extent and quality of the act is compared with the previous one (Act No. 40/1956 Gazette). As the author highlights, introducing general nature conservation, thus enlarging State Nature Conservancys activities and power also outside the Specially Protected Areas is one of the greatest contributions of Act No. 114/1992 Gazette. This step overcame, at least partially, a traditional legislative approach – dividing nature into protected and “unprotected”. The other important change was strengthening power of the State Nature Conservancy authorities, particularly National Park and Protected Landscape Area Administrations. Although the Act was repeatedly changed and amended, its basic principles and provisions have been still in force. The greatest change was its amendment, issued as Act No. 218/2004 Gazette which properly and in details transposed the European Community legislation, particularly the Birds and Habitats Directives and consequently, establishing the EU Natura 2000 network, into the Czech Republics legislation. The author also deals with future prospects of the Act, remaining development of the factual intent of a completely new act in 2008 and setting pros and cons of the possible new act.