Act No. 167/2008 Coll., on the prevention of ecological damage and its correction and on the amendment of certain laws.
On August 17, 2008, Act No. 167/2008 Coll., on the prevention of ecological damage and its correction and on the amendment of certain laws, entered into force. The Act is the implementation of Directive 2004/35/EC of the European Parliament and of the Council on environmental liability in connection with the prevention and remediation of environmental damage, as amended by Directive 2006/21/EC of the European Parliament and Council on the management of waste from the mining industry and amending Directive 2004/35/EC. The law regulates the rights and obligations of persons in the prevention of environmental damage and in its correction, if it has occurred or if there is an imminent threat to protected species of wild animals or wild plants in the natural habitats defined by this law, on water or land. The Act applies to ecological damage or the immediate threat of its occurrence, if it is caused by the operational activity detailed in Annex No. 1 of the Act. It concerns, for example, equipment subject to an integrated permit, equipment for the use, removal, collection or purchase of waste, discharging wastewater into surface or underground waters. The law defines the obligations to prevent ecological damage and to remedy it.
The essence of the law is the principle of prevention and the principle “polluter" pays.
BASIC CONCEPTS
Ecological damage means an adverse measurable change of a natural resource or a measurable deterioration of its functions, which may directly or indirectly affect protected species of wild animals, wild plants, underground or surface water, polluted soil.
Preventive measures are measures taken by the operator in the event of imminent environmental damage (the operator shall immediately inform the competent authority of all important circumstances of an imminent threat of environmental damage).
Corrective measures in the event of detected ecological damage, the operator is obliged to immediately implement all feasible corrective measures and to immediately inform the competent authority about the important circumstances of the occurrence of ecological damage. The operator must prepare a proposal for corrective measures and submit it to the competent authority for approval. This body can at any time ask the operator for information about the imminent threat of environmental damage.
Proceedings for the imposition of preventive or remedial measures will be initiated by the competent authority ex officio as soon as it becomes aware of a fact that indicates that environmental damage may have occurred or if it is imminent.
The operator who caused environmental damage is obliged to bear the costs, the compensation of which will be decided by the competent authority.
Czech Environment Inspectorate
- receives a message about an imminent threat of environmental damage or about environmental damage that has occurred or been detected,
- controls compliance with the obligations stipulated by this Act or the decision or measures issued on its basis and is entitled to check the data provided by the operator, including data on the extent of pollution,
- detects and records cases of environmental damage,
- issues a decision on the imposition of preventive measures or corrective measures,
- decides on reimbursement of costs,
- imposes instructions or other measures on the basis of this Act,
- keeps overviews of information on cases of ecological damage or its immediate threat and on preventive measures and corrective measures being discussed or imposed,
- imposes fines for administrative offences,
- perform other tasks of the competent authority resulting from this Act.