Act of the national council of the slovak republic




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287/1994 Coll.

ACT OF THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC

dated August 23, 1994

On the Preservation of Nature and Landscape


In wording of the NC SR No. 222/1996 Coll.
The National Council of the Slovak Republic has concluded this Act:
PART ONE

INTRODUCTORY PROVISIONS


Article 1
Purpose of the Act
The purpose of this Act is to contribute to the conservation of diversity of conditions and forms of life on the earth by developing conditions for the permanent survival, recovery and rational exploitation of natural resources, 1) preservation of natural heritage 2) and the characteristic appearance of the landscape and the achievement and conservation of ecological stability. 3)

  1. Article 7 of Act No. 17/1992 Coll. on the environment.

  2. Article 2 of the Convention on the Preservation of World Cultural and Natural Heritage (Order of the Federal Ministry of Foreign Affairs No. 159/1991 Coll.).

  3. Article 4 of Act No. 17/1922 Coll.

Article 2


Subject of the Act


  1. The Act modifies the competence of the state administration and communities, as well as the rights and duties of legal entities and natural persons on the Preservation of Nature and Landscape.




  1. Preservation of Nature and Landscape according to this Act is understood to be the foregoing and limiting of such disturbances that endanger, harm or destroy the conditions and forms of life, natural heritage, the characteristic appearance of the landscape, reducing its ecological stability, as well as removing the after-effects of these disturbances. Preservation of nature is also understood to be the care of eco-systems. 4)




  1. The Preservation of Nature and Landscape according to this Act is also provided to sections of the environment, 5) if this is not established otherwise by special provisions 6).




  1. This Act is not related to the preservation of

  2. agricultural crops and cultures, 7)

  3. economically significant species and kinds of plants and animals, 8)

  4. vegetable and animal pests of the outer and inner quarantine, 9) if their genome-fund is not endangered.

  5. vegetable and animal originators of infections and diseases of humans and animals, 10) if their genome-fund is not endangered.

____________________________________________________________________________________

4) Article 3 of Act No. 17/1992 Coll.

5) Article 2 of Act No. 17/1992 Coll.

6) For instance the Slovak National Council Act No. 277/1994 Coll. on health care, Act No. 138/1973 Coll. on waters (Water Act) in wording of the Slovak National Council Act No. 238/1993 Coll., Act No. 61/1977 Coll. on forests in wording of Act No. 229/1991 Coll. and the Slovak National Council Act No. 183/1993 Coll. (full wording laid down under No. 14/1994 Coll.), Act No. 44/1988 Coll. on the preservation and exploitation of mineral resources (Mining Act) in wording of the Slovak National Council Act No. 498/1991 Coll., Act No. 309/1991 Coll. on the protection of the atmosphere against contaminating substances (Act on the Atmosphere) in wording of Act No. 218/1992 Coll. and the Slovak National Council Act No. 307/1992 Coll. on the protection of agricultural soil resources.

7) Act No. 61/1964 Coll. on the development of vegetable production in wording of Act No. 132/1989 Coll. and the Slovak National Council Act No. 184/1993 Coll.

8) Act No. 132/1989 Coll. on the protection of rights concerning new varieties of plants and breeds of animals.

Order of the Federal Ministry of Agriculture and Food No. 134/1989 Coll., issuing a list of commercially significant breeds and families of plants and animals in wording of the Order of the Federal Ministry of the Economy No. 515/1991 Coll.

9) For instance Act No. 161/1964 Coll. in wording of later provisions, Order of the Ministry of Agriculture, Forest and Water Management and the Ministry of Justice No. 62/1964 Coll., issuing the executing provisions to the Act on Vegetable Production, Order of the Ministry of Agriculture, Forest and Water Management No. 63/1964 Coll. on the protection against roping of pests and plant diseases and the import, transport and export (external quarantine) of weeds.



10) The Slovak National Council Act No. 277/1994 Coll.
Article 3
Basic concepts
For the purpose of this Act it is assumed that:


  1. The territorial system of ecological stability is a whole-space structure of mutually interconnected eco-systems, its components and elements, ensuring the diversity of conditions and forms of life in the country. The basis of the system is represented by bio-centres, bio-corridors and interactive elements of beyond-district, district or local significance,

  2. Components of eco-systems such as rocks and minerals, 11) relief, landscape, water, atmosphere, vegetation, animal realm and anthropogenic objects and substances; the components consist of eco-system elements, mainly subjects of vegetable types, animals, minerals and fossils, their parts and development stages, relief shapes, landscape types, lakes, water flows, springs, sinks, forms of settlement and exploitation of the landscape

  3. A significant landscape element is a region of the landscape, creating a characteristic outlook of the landscape or which contributes to its ecological stability, mainly forest, wetland, river bank growth, lake, fen, river, reef, narrow passage, stone slather, sand spill, park, alley, yard,

  4. A bio-centre ecosystem or group of ecosystems, creating permanent conditions for reproduction, shelter and food for living organisms and on the preservation and natural development of its society,

  5. A bio-corridor is a spatially interconnected collection of ecosystems, connecting the bio-centres and enabling their migration and interchange of genetic information of living organisms and their communities, with whom the inter-active elements spatially interlock,

  6. An interactive element is a certain ecosystem, its element or group of ecosystems, mainly a grassy area, wetland, forest growth, lake, interconnected with bio-centres and bio-corridors, insuring their favourable impact at surrounding parts of the landscape altered or violated by human beings,

  7. A standard plant (hereafter “plant“) is a subject of the vegetable family, the population of which is maintained on its own; the plant is considered to be all its development stages including the mortified subjects, its above-ground and under-ground parts, with no dependence on where they are located.

  8. A standard animal (hereafter “animal“) is an animal of the zoological family, the population of which is maintained on its own; the animal is considered to be all its development stages including the mortified subjects, with no dependence on where they are located.

  9. woody plants growing outside of the forest area are woody plants or bushes growing on their own or in groups outside the forest growth (hereafter “woods“),

  10. the genome-fund is a collection of the hereditary properties of plants and animals,

  11. the biotope is an environment of a certain individual plant or animal, its population and community,

  12. a separately protected part of nature and landscape is a Protected Landscape Territory, Private Protected Territory, Protected Species or Protected Woody plant.

  13. Article 2 of Act No. 44/1988 Coll.

PART TWO


GENERAL PRESERVATION OF NATURE AND LANDSCAPE
Article 4
Basic rights and duties in the General Preservation of Nature and Landscape
(1) It is compulsory for everyone to protect nature and landscape against the endangerment, harm and destruction and to take care of its components and elements within limits, mainly for the purpose of preservation and protection, improving the condition of the environment, creation and preservation of a territorial system of ecological stability.

(2) The significant landscape element can only be used in such a way, that its state will not be disturbed and its ecological-stabilising function will not be endangered or weakened.

(3) The creation and conservation of a terrestrial system of ecological stability is in the public interest. Everybody who intends to perform a competence that might endanger or disturb the terrestrial system of ecological stability, is obliged to propose measures to contribute to the creation and conservation, 12)

(4) Legitimate legal entities and natural persons that interfere by their competence into ecosystems, its components or elements are obliged on their own expenses to adopt measures that forego and limit its harm and destruction. These subjects must involve the measures that ensure the conditions of preservation according to this act and provisions issued on their adoption, into designs of projects, programs, plans and other documentation designed according to special provisions. 13)

12) For instance Article 7 of the Slovak National Council Act No. 307/1992 Coll.

13) For instance Act No. 138/1973 Coll. in wording of the Slovak National Council of the Slovak Republic Act No. 238/1993 Coll. and Act No. 50/1976 Coll. on territory planning and structural system (Building order) in wording of Act No. 103/1990 Coll. and Act No. 262/1992 Coll., Act No. 61/1977 Coll. in wording of the later issue, the Slovak National Council Act No. 51/1988 Coll. on mining competence, explosives and on the state mining administration in wording of the Slovak National Council Act No. 499/1991 Coll., Act of the Slovak National Council Act No. 52/1988 Coll. on geological works and on the Slovak Geological Institute in wording of the Slovak National Council Act No. 497/1991 Coll., the Slovak National Council Act No. 330/1991 Coll. on ground arrangements, land property set-up, real estate institutions, ground fund and on ground societies in wording of the Slovak National Council Act No. 293/1992 Coll., the Slovak National Council Act No. 323/1992 Coll. and the Slovak National Council Act No. 187/1993 Coll.(the complete wording stated under No. 12/1994 Coll.).


Article 5
General Preservation of Plants and Animals

  1. Legitimate legal entities and natural persons performing any activities are obliged to proceed so that no unnecessary dying of plants and animals or harm and destruction of its biotope might occur.

  2. Plants including their fruit and mushroom pilei can be collected or picked without the approval of the land owner for personal need only, if it is not under Special Protection according to part three of this Act or if special provisions do not specify otherwise. 14)

  3. Anyone who does business with plants is obliged on the appeal of the State Nature Preservation Body, to prove that they were not obtained in discrepancy to section 2.

  4. If a competence that is stated in sections 1 and 2 tends to endanger the existence of plant and animal genomes or their degeneration, or violation of their reproduction capabilities or extinction of their population, a Nature Preservation Body can restrict or forbid the competence after previous warning.

  5. It is forbidden to capture and kill animals. This ban is abrogated in instances where human life and health is endangered or damage to his property is threatened, or if special provisions establish it. 15)

14) For instance Act No. 61/1994 Coll. in wording of later issue, the Order of the Ministry of Agriculture, Forest and Water Management and the Ministry of Justice No. 132/1989 Coll., Act No. 61/1977 Coll. in wording of later issue, the Slovak National Council Act No. 100/1977 Coll. on management in forests and the state administration of forest management in wording of the Slovak National Council No. 131/1991 Coll., the Slovak National Council Act No. 510/1991 Coll. and the Slovak National Council Act No. 183/1993 Coll. (full wording laid down under No. 15/1994 Coll.).

15) For instance Act No. 23/1962 Coll. on hunting in wording of the Slovak National Council Act No. 100/1977 Coll., the Slovak National Council Act No. 510/1991 Coll. and the Act of the National Council of the Slovak Republic No. 99/1993 Coll., Act No.102/1963 Coll. on fishing in wording of Act No. 229/1991 Coll., Act No. 87/1987Coll. on veterinary care in wording of Act No. 239/1991 Coll. (full wording laid down under the No. 215/1992 Coll.).

Article 6
Levels of Territorial Protection of Nature and Landscape


  1. For the Territorial Preservation of Nature and Landscape, five levels of protection have been established. The extent of the limitation increases with the increase of the protection level.

  2. The first level of protection is valid on the whole territory of the Slovak Republic and acts as general protection. The second to the fifth levels are valid for Protected Territories and Protected Regions according to the third section of this Act and act as Special Protection.

Article 7


The first level of protection
On a territory where no Special Protection according to this Act has been provided, the first level of protection is valid and the approval of the Nature Preservation Body is required accordingly on the following:


  1. placing of manure and fencing the land outside settlements with the exception of the fencing in forests for the purpose of culture protection against damage caused by animals, disposal of terraced agricultural lands on hill slopes and disposal of limits where the approval or opinion of the Nature Preservation Body is not required according to special provisions, 16)

  2. filling up and draining of marshes, lakes, fens and other lands,

  3. exploitation of reeds, plants, muck and clay and extending this exploitation beyond water flows, 17)

  4. meaningful mixture of plants or animals and spreading their hybrids outside of places reserved by the Nature Preservation Body,

  5. meaningful spreading of non-native species of plants and animals and native species of other geographic references in the land outside of settlements and without the stated species in the approved forest management plan,

  6. using of carnivorous birds for falconry and animals for capturing or killing other animals,

  7. breeding of animals and cultivation of Protected Plants according to the third section of this Act, as well as establishing breeding and rehabilitation stations for animals, zoological gardens, zoological rests, botanical gardens and arboreta,

  8. placement and type composition of wood in public places and in open landscape, with the exception of forests and fields with agricultural growth, before planting it,

  9. placement and enlargement of a garden and cottage settlements,

  10. placement of advertising boards and equipment, mounting posters and placing eye-catchers outside of settled communities,

  11. aerial application of chemical substances and manure,

  12. wood floatation down water flows,

  13. mass sport, recreational and other social undertakings outside of settled communities and reserved sport and recreational areas,

  14. establishing and enlarging areas designed for military facilities, national defence and security, civil defence training, civil defence and fire prevention,

  15. burning of growth/vegetation.

16) For instance Act No. 61/1977 Coll. in wording of later provisions, the Slovak National Council Act No. 100/1977 Coll. in wording of later provisions, the Slovak National Council Act No. 307/1992 Coll.

17) Article 31 of Act No. 138/1973 Coll.


Article 8
Approval of the Nature Preservation Body
(1) In the approval issued according to this Act, the Nature Preservation Body can specify in more detail the conditions on performing activities ensuring nature preservation.
(2) The Nature Preservation Body will limit or ban the competence after previous notification, until failures are removed, from which consequences where considerable harm to nature and landscape is threatened, or the competence has caused such considerable harm.
(3) If by the competence of failing to ask for approval according to this Act nature is harmed or destroyed, the Nature Preservation Body can hand down a verdict to the offender to remove the harmful after-effects of his competence within the specified term and to specify conditions for its further execution. If the harmful after-effects are not removed within the specified term, the Nature Preservation Body can do it on the expenses of the offender.
(4) The Nature Preservation Body can limit or ban the competence of the subject if he did not meet the terms specified in the statement on approval according to section 1 or duties imposed in the issued statement according to section 3. At the same time, the Nature Preservation Body can limit or ban the competence of a subject performing a competence that requires the approval of the Nature Preservation Body, if the subject so acts without the approval or in spite of the ban according to this Act. If the harmful after-effects in nature and landscape raised from the competence listed above are not removed within the specified term, the Nature Preservation Body can do it on the expenses of the offender.
Article 9
Statement of the Nature Preservation Body
(1) The statement of the Nature Preservation Body is required for all resolutions of other bodies of the state administration, if the interests protected by this Act can be affected by the resolutions, namely on the following:


  1. a territorial statement, 18)

  2. a building license, 19)

  3. the permission to engage in a mining competence and a competence executed in a mining way, 20)

  4. a license on water-management works, namely on the interception of springs, dams and water basin constructions, water flow provision constructions, protection against floods, irrigation and disposal of water, as well as on constructions destined for water transport purposes in water flows or their banks, 21)

  5. a license to drain waste and uncommon waters into surface and groundwater, 22)

  6. a license to plant woody plants and bushes in flood areas, 23)

  7. a license on the exploitation of river-bed material 24) and the approval on the filling up and disposal of dead tributaries of water flows, 25)

  8. a statement on the status of reservations for animals, 26)

  9. a license to shoot or capture non-hunting animals and animals protected throughout the year,

  10. a license on the competence of breeding a new kind of fish or other water animals, 27)

  11. a statement on the promulgation of protected forests and forests of a special purpose, 28), its cancellation or change,

  12. a license or decree on land adjustment, 29)

  13. a decree on mass steps against plant pests, 30)

  14. the location and permission of the construction of a large or medium pollution source including its changes and the operation’s commencement, 31)

  15. the deforesting of land and construction of mountain trails and logging roads outside the approved forest management plan.

(2) The statement of the Nature Preservation Body is also required for the approval and amendment of




  1. territory planning documentation, 32)

  2. a forest management plan and a summary of the forest management plan, 33)

  3. a decisive water management plan, 34)

  4. hunting season for individual species of animals, or perhaps their protection, 35)

  5. a re-cultivation plan, 36)

  6. a project of geological works, 37)

  7. a plan on the construction of highways, roads and local transportation networks, 38)

  8. a program for waste management, 39)

  9. a project of land adjustment. 40)




  1. The statement of the Nature Preservation Body on a change of the sort of agricultural land, its afforestation or change from non-agricultural land to agricultural according to special prescription 41) is issued in the form of obligatory reference.




  1. Article 32 to 42 and Article 126 of Act No. 50/1976 Coll. in wording of Act No. 262/1992 Coll.

  2. Article 66 to 70, Article 120, 121 and 126 of Act No. 50/1976 Coll. in wording of Act No. 262/1992 Coll.

  3. For instance Article 9 to 13 and Article 17 to 19 of the Slovak National Council Act No. 51/1988 Coll. in wording of the Slovak National Council Act No. 499/1991 Coll.

  4. Article 9 and 11 of Act No. 138/1973 Coll.

  5. Article 23 of Act No. 138/1973 Coll.

  6. Article 10 a) and Article 11 of Act No. 138/1973 Coll.

  7. Article 10 b) of Act No. 138/1973 Coll.

  8. Article 13 par. 1 f) of Act No. 138/1973 Coll.

  9. Article 18 of Act No. 23/1962 Coll. in wording of the Slovak National Council of Slovak Republic Act No. 99/1993 Coll.

  10. Article 21 of Act No. 102/1963 Coll.

  11. Article 6 and Article 27 par. 1 g) of the Slovak National Council Act No. 100/1977 Coll. in wording of later provisions.

  12. For instance Article 1, Article 2 d), f), g) and h), Article 5 par. 2, Article 7 and 8 of the Slovak National Council Act No. 330/1991 Coll. in wording of the Slovak National Council Act No. 187/1993 Coll.

  13. Article 25 par. 2 of Act No. 61/1964 Coll. Article 36 of the Order of the Ministry of Agriculture, Forest and Water Management and the Ministry of Justice No. 62/1964 Coll.

  14. Article 3 par. 2 a) and b) and Article 11 par. 1 a) of Act No. 309/1991 Coll. in wording of the Slovak National Council Act of the Slovak Republic No. 148/1964 Coll.

  15. Article 21 to 28 and Article 126 of Act No. 50/1976 Coll. in wording of Act No. 262/1992 Coll.

  16. Article 3 and 4, Article 27 par. 1 d) and f) and Article 28 e) of the Slovak National Council Act No. 100/1977 Coll. in wording of later provisions.

  17. Article 8 of the Slovak National Council Act No. 138/1974 Coll. on the state administration in water management.

  18. Article 26 of Act No. 23/1962 Coll.

  19. Article 4 par. 3 g) of Act No. 61/1977 Coll.

Article 26 par. 1 c) of the Slovak National Council Act No. 100/1977 Coll. in wording of the Slovak National Council Act No. 510/1991 Coll.

Article 3 of the Order of the Ministry of Agriculture, Forest and Water Management of the Slovak

Socialist Republic No. 103/1977 Coll. on proceedings on the protection of the forest land fund.


  1. Article 6 of the Slovak National Council Act No. 52/1988 Coll. in wording of the Slovak National Council

Act No. 497/1991 Coll.

Article 12 of the Order of the Ministry of the Environment of the Slovak Republic No. 217/1993

Coll. on the projection, execution and evaluation of geological works.

38) Article 2 of Act No. 135/1961 Coll. on ground transportation networks (Route Act) in wording of Act No.

27/1984 Coll.

39) Article 4 e) and Article 5 par. 3 b of the Slovak National Council Act No. 494/1991 Coll. on

the state administration in waste management.


  1. Article 12 and 13 of the Slovak National Council Act No. 330/1991 Coll. in wording of the Slovak National

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