Some Sentences to the § 66 of the Act No. 114/1992 Coll. on Protection of Nature and Landscape, as Amended Cover Image

Několik poznámek k ust. § 66 zák. č. 114/1992 Sb., o ochraně přírody (ve znění pozdějších předpisů)
Some Sentences to the § 66 of the Act No. 114/1992 Coll. on Protection of Nature and Landscape, as Amended

Author(s): Milan Pekárek
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: principles of environmental law; objective liability; ecological harm; protection of nature and landscape; preventive protection

Summary/Abstract: In this paper the author considers the amended version of the article 66 of the Act No. 114/1992 Coll., on Protection of Nature and Landscape. This provision was till the amendment No. 350/2012 Coll., to the Building Act on Spatial Planning and Construction Order which also affected a number of other laws, one of the most important and most powerful preventive protection tools.; and not only preventive. This provision allowed preventing damage to nature even after the date, when an activity is already underway, and even if it is the competent authority duly authorized. It partly reflects the fact that the environment and nature, as its integral part, is one of the fundamental values that must be protected above all, on the same level and with the same force as life itself. The amendment deprecates this protection to nature in future in cases where nature affecting activity takes place on the basis of the issued valid decision. It completely ignores not only the above-mentioned principle of environmental protection as the highest value, but does not even respect the fact that you can never foresee all the consequences in permitting of certain activities.

  • Issue Year: 61/2015
  • Issue No: 2
  • Page Range: 77-85
  • Page Count: 9