Nature Conservation 3/2008 — 24. 6. 2008 — Nature Conservation Legislation
The Term “Public Interest”
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Nature conservation and landscape protection is a public interest. Moreover, it is an unclear legal term, which is not sharply defined by positive laws but the content has to be defined by the State Administration authority.
During the decision-making, the State Administration authority is obliged to ensure, that the decision are in line with the public interest. In practice, there could be a conflict of various public interests. Under the Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later, a State Nature Conservancy authority can enact a statutory exception to the prohibitions given for specially protected wild plant and animal species and for monument/veteran trees only, if other public interest considerably preponderates over the interest of nature conservation. In the article 1 of the Act, the provision was transposed from the European Community's Habitats Directive saying that measures taken pursuant to the Directive shall take account of economic, social and cultural requirements and regional and local characteristics. The wording cannot be interpreted in such way that these views are equivalent to the views stated by the act for conservation of nature or its parts.