If there is a burning of vegetation by a specific natural or legal person, several legal regulations specified below deal with this situation.
Act No. 133/1985 Coll., on fire protection, as amended
Act No. 133/1985 Coll., on fire protection, as amended, prohibits the burning of vegetation by natural persons, legal entities and natural persons running businesses.
Regarding natural persons, the ban on burning vegetation is stipulated in Section 17, Paragraph 3, Letter f) of this Act. According to Section 78, Paragraph 1, Letter s) the offense in the section of fire protection is committed by the person who burns the vegetation. A fine of up to CZK 25,000 is imposed for such an offense by the regional fire and rescue service, which also collects and enforces the fine. The fine is revenue for the state budget.
In Section 5, Paragraph 2 of this law, it is stated that legal entities and natural persons running businesses may not burn vegetation. When burning flammable substances in the open space, these entities are obliged to establish measures against the occurrence and spread of fire and to report the burning, including the proposed measures, to the territorially competent fire and rescue service of the region (it can set other conditions or prohibit this activity).
According to Section 76, Paragraph 2, Letter n) the regional fire and rescue service may impose a fine of up to CZK 500,000 on a legal entity or a natural person running a business, who breached obligations under fire protection regulations by burning the vegetation or does not report the burning of flammable substances in the open space to the state fire control authority or does not establish measures against the occurrence and spread of fire.
A higher rate of fine may be imposed by the regional fire and rescue service on a legal entity or a natural person doing business who runs activities with a high fire risk and at the same time violates their obligations (up to the amount of CZK 1,000,000) or on a person who has repeatedly violated such obligations and has been fined for three years for this violation (up to three times the rate).
When determining the amount of the fine, the seriousness and duration of the illegal act and the extent of the damage are taken into account. Fines are collected and enforced by the regional fire and rescue service; the fine is revenue for the state budget.
Act No. 114/1992 Coll., on nature and landscape protection, as amended
According to Section 87, Paragraph 3, Letter g), the Act on Nature and Landscape Protection affects natural persons if they do not act in such a way that there is no excessive death of plants and animals in accordance with Section 5, Paragraph 3. For this violation of obligations, the nature protection authority can impose a fine of up to CZK 100,000. Depending on the specific situation, a natural person may also commit other offenses in connection with the burning of vegetation, if, for example, they destroy a part of nature in a specially protected area, destroy specially protected plants, kill a specially protected animal, damage a tree or a group of trees growing outside the forest.
Legal and natural persons in the performance of business activities are affected by the Act on Nature and Landscape Protection in Section 88, Paragraph 2, Letter i), according to which the nature and landscape protection authority imposes a fine of up to CZK 1,000,000 on a legal entity and a natural person performing business activities, if they do not proceed in such a way that there is no excessive death of plants and animals in accordance with Section 5, Paragraph 3. Depending on the specific situation, a legal entity or a natural person may be sanctioned in the course of business activity in connection with the burning of vegetation also if, for example, they destroy a part of nature in a specially protected area, destroy individuals of a specially protected species of plants, cause the death of specially protected animals, damage or destroy woody plants or a group of trees growing outside the forest.
In the event that the burning of vegetation did not encroach on a specially protected area, destroy protected plant species or damage woody plants, the wording of Section 5, Paragraph 3 may be problematic, which, in relation to natural persons and legal persons, and natural persons doing business, refers to the obligation to proceed in such a way that there is no excessive death of plants and injury to animals or destruction of their habitats during the implementation of agricultural, forestry and construction works, during water management, in transport and energy industry.
Nature protection authorities may burn vegetation under the conditions set out in Section 90, Paragraph 23.
Act No. 86/2002 Coll., on air protection, as amended
According to Section 3, Paragraph 5 of Act No. 86/2002 Coll., on air protection, as amended, legal entities and natural persons are obliged to burn only wood, charcoal, dry vegetable matter in open fireplaces, garden fireplaces or open grills materials and gaseous fuels specified by the manufacturer. The municipality may, by means of a generally binding decree, establish the conditions for the burning of plant materials pursuant to Section 50, Paragraph 3, Letter a) or prohibit their burning, if they provide a method for their disposal in accordance with the Waste Act.
Compliance with this provision is checked by the municipal authority and according to Section 50, Paragraph 2, Letter d) it imposes fines in the amount of CZK 500 - 150,000 (Section 40, Paragraph 10)
However, this provision apparently cannot be used for burning of vegetation, as it explicitly mentions burning in campfires, fireplaces or grills. Area burning of vegetation cannot be classified under the term "campfire", although this term is not defined anywhere.
Procedure for illegal burning of vegetation
When illegal burning of vegetation by a specific natural or legal person is detected, the following comes into consideration:
- submission of an initiative to the regional fire and rescue service due to a violation of the law on fire protection,
- submission of an initiative to the nature protection authority if there has been a violation of the Act on Nature and Landscape Protection.
Illegal burning of vegetation by the municipality
Regarding the status of the municipality, it should be treated as any other legal entity from the perspective of imposing fines, because according to Section 2 of Act No. 128/2000 Coll., on municipalities, as amended, the municipality is a public corporation that has its own property, acts in legal relations on its own behalf and bears the responsibility arising from these relations. In the case of illegal burning of vegetation by the municipality, in addition to the above-mentioned procedures, which apply to the breach of obligations by any natural or legal person, there is also the possibility of asking the Ministry of the Interior of the Czech Republic to check the municipality's independent powers according to Section 129 of the Act on Municipalities, because the disposal of municipal land is under the management of the municipality, i.e. the performance of independent activity.