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Environmental impact assessment (EIA, SEA)
Vavřínka, David ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
This diploma thesis deals with environmental impact assessment, and is mainly focused on so-called SEA procedure. The objective of this thesis is to analyse how the Czech law reflects the requirements prescribed by international and European law. The first paragraph provides the definition of the whole concept of environmental impact assessment procedure and enumerates legal principals having a substantial influence on the formation and application of legislation. In the second paragraph, the thesis looks back to the historical roots of procedure and it also describes EIA procedure in details. Furthermore, in this paragraph the main international and European legislation are being analysed. The requirements, which are essential for the Czech legislation, are also being identified. The third paragraph probes the general form of SEA procedure in the Czech legislation and the conformity of the Czech legislation contained in the Environmental Impact Assessment Act making provisions for the requirements of international and European law is examined as well. In the last paragraph, the special form of SEA procedure within the Building Act is being described. Strategic Environmental Assessment is carried out as a part of spatial and land use planning.
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Land-use planning as a tool for environmental protection
Frýdl, Jan ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
Very important tool of environmental protection is land-use planning which is subject of this work and which deals with town and country planning. Town and country planning ensures the preconditions for sustainable development of the area by means of continuous and complex solution of useful utilization and spatial arrangement of the area with the aim of achieving the harmony of public and private priorities in relation to the development of the area.In my work I dedicate space to conceptual tools of land-use planning such as planning analytical materials, planning studies, spatial development policy, planning documentation. Of course I analyze also functioning of public administration in country and town planning in my work. It is important for understanding of a theme to determine its foundations that is based on.No less important tool as a part of my work that serve for environmental protection is Environmental Impact Assessment. In the Czech law system, this domain is regulated by the Act 100/2001 Coll., About Environmental Impact Assessement and About the Modification of Some Acts, as subsequetly ammended, and the laws difference between the intention of construction, activity and technology (EIA) and concept, strategy, policy, plan and programs set or allocated by a public administration authority...
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Land-use planning as an instrument of environmental protection
Nejedlá, Hana ; Humlíčková, Petra (advisor) ; Franková, Martina (referee)
This thesis deals with the land-use planning as an instrument of environmental protection. The main part of the thesis is focused on public participation in the process of land-use planning and analyses its efectivity. The thesis describes general tasks and terms of land-use planning, define theirs targets and solutions at the beginning. It defines the legal arrangement of the topic including actual amendment of Building Act, which was accepted since 1. 1. 2013. Further it describes the instruments of environmental protection and it is focused on general forms of the arrangement, in which the most of land-use planning instruments are issued. Then come after characteristic of the position of the authorities and instruments, which they have to behave in public interest and which are connected with processing and implementation. The special focus is given to attend of public in land-use planning. At first the single institutions, which enable conection of public resort to the land- use planning, are described. First of all objections and protests, public debate of documents and public representatives. After that the possibility of public attendence under proceses of making single land-use planning instruments is overwieved. Lastly the thesis devotes the impact on the environmental protection opinions...
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The Right to Information and the Public Participation in the Environmental Matters
Vopařilová, Magdaléna ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Smolek, Martin (referee)
Presented dissertation is devoted to the participation of lay element in the environmental matters within the public administration. In these matters it is necessary to find the compromises that should reflect the private plans (of investors and the owners), exercising of the public participation and the public interests too. The cooperation among the administrative authorities, public subjects and private subjects shall be constructive, based on a real legal ground. The target of this thesis is to make an overview of the ways that Czech legal system (based on the international and European law) gives to the public in order to participate on the public administrative in the environmental matters. The important finding of the thesis is evaluation of efficiency of partial tools and also of risks connected with their application. The main terms, motives, preconditions and the importance of public participation in the environmental matters are defined in the introduction. Apart from that the main principles of the public participation are defined. The most important document for public participation, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), is analyzed in this dissertation. Even though the...
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Environmental impact assessment
Zelenka, Andrej ; Sobotka, Michal (advisor) ; Žákovská, Karolina (referee)
The main goal of this thesis is to analyze the Environmental Impact Assessment (EIA), which is one of the most important horizontal tools for environmental protection. The EIA process can be described as the procedure of identification and assessment of potential significant effects of a project on the environment. The information and outputs provided by the assessment process are considered by decision makers before a decision is made. The EIA process was first mentioned in the US in the National Environmental Policy Act (NEPA) 1969. Then the EIA process was adopted in other economically developed countries. The beginning of this thesis is focused on two significant multilateral environmental agreements - The Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) and The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Then the EU legislation related to the EIA process is described (especially Council Directive 85/337/EEC - the EIA Directive). The following part analyzes the Czech legal regulation of the EIA process that is included in Act No. 100/2001 Coll. Attention is turned to historical development, particular phases of the EIA process, the transboundary...
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Genetically modified organisms and the legal regulation of their disposal
Fornůsková, Michaela ; Žákovská, Karolina (advisor) ; Stejskal, Vojtěch (referee)
GENETICALLY MODIFIED ORGANISMS AND LEGAL REGULATION OF THEIR USE ENGLISH RESUME This thesis aims to give a complete insight into the framework and problem questions arising in connection with legal regulation of genetically modified organisms (GMOs). The use of genetic modifications as one of modern techniques of biotechnology has spread widely during last fifty years. This technology has brought many advances. On the other hand as any new technology it represents potential adverse effects on biological diversity and possible risks to human health. At the beginning there is a brief introduction into GMOs from historical and technical point of view. Then I dealt with biosafety measures adopted at global, regional and national levels. The main principles of environmental law take part afterwards. I am focusing mainly on prevention and precautionary principle. International law relating to the GMOs consists of soft law documents. There is only one exception - Cartagena Protocol on Biosafety focusing on transboundary movement. The Law of EU comprises of Regulations, Directives and Recommendations. Notifications, approvals, risk assessment and monitoring are consequential. The Czech law has been harmonized according to the law of the European Communities. Act no. 78/2004 Coll., on the use of GMOs and genetic...
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Environmental impact assessment of projects
Černá, Karolína ; Žákovská, Karolina (advisor) ; Sobotka, Michal (referee)
The topic of this thesis is Environmental Impact Assessment (EIA). This is a very significant cross-sectional and preventive environmental protection tool. Its purpose is to identify as soon as possible any probable averse environmental impacts of presented project proposals. The whole process is led by a competent state offices. Necessary expert participants of the procedure are so-called "authorized persons" supplying specific technical studies on which the impact assessment is made. Another important factor, public participation, helps to improve efficiency of the EIA process. The whole procedure results in so-called Statement, which should define necessary conditions for the implementation of the project in effort to minimize negative impacts. If the project proposal is unacceptable under any circumstances it can not be given a consent to implement it and the statement must reject it. Conclusions formulated in the Statement serve as a basis for administrative decisions on project approval. Given the considerable breadth of the thesis topic it is focused on several key tasks, namely to provide a comprehensive explanation of the legal development of the EIA process, to analyze its current legislation and mapping legal rules of public participation in the EIA process. The following section...
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The Environmental Impact Assessment (EIA)
Maršál, Tomáš ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
The main goal of my thesis is to provide an in-depth analysis of the Environmental Impact Assessment (EIA), which is currently one of the significant legal tools of environmental quality protection. In case any public or private project is likely to have a significant effect on the environment, it needs to pass through the EIA proceedings. This process precedes the development consent to the project. The original EU legal regulation (Council directive 85/337/EEC amended by Directives 97/11/EC, 2003/35/EC and 2009/31/EC) is described in the first part of the thesis. The main sources of this chapter are the judicial decisions of the Court of Justice of the European Communities that reflect the incorrect transpositions of the directive into the legal order of the individual member states. The second chapter is focused on specific attributes of the Czech legal regulation that is included in the legal act no. 100/2001 Sb. modified by further amendments. The regulation is divided into two parts: The first part, the assessment, is concluded by a non-binding opinion, while the second part is concluded by development consent or refusal, as based on particular legal regulations. The most severe issue of the Czech regulation is the insufficient ensurance of participation opportunities of members of the public...
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Legal aspects of constructing a deep geological repository of nuclear waste in the Czech Republic
Lipenská, Dana ; Handrlica, Jakub (advisor) ; Svoboda, Petr (referee)
The thesis titled Legal aspects of constructing a deep geological repository od nuclear waste in the Czech Republic deals with the administrative procedures that needs to be taken before beginning construction of a deep geological repository. Work can be divided into three major parts. The first part deals with analysis of current legislation relating to nuclear energy, with emphasis on the treatment of nuclear waste. International and European commitments of the Czech Republic, current and new Atomic act, as well as institutional and financial arrangements for nuclear waste management are also included in this part. The following section has been devoted to the various administrative procedures. The goal of this section in not to provide complete description of the procedures, but to highlight points of interest and identify potential problems of current legislation and to propose better solution. The last major part is dedicated to public participation in the various administrative procedures. Emphasis is placed on the possibility of involvement of public and the affected communities in related administrative procedures. This chapter also contains a draft of the bill on community involvement in the process of selecting a site for deep repository.
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Integrated Pollutant Transfer Register - the positive and negative aspects of the czech legal regulation
Andrlová, Kristýna ; Geuss, Erik (advisor) ; Šauer, Petr (referee)
The aim of the presented bachelor thesis is to provide a systematic insight into the system of Integrated Pollutant Emission Register as a czech version of Pollutant Emission Registers. The main purpose od the thesis is to answer the question who is the real beneficiary of such a source of information and whether our specific legal provisions have a rather positive or negative effect towards both its users and obliged enterpreneurs. Does it bring more good or bad and does it cost a lot or not? By means of description and analysis of its current legal status, the thesis first seeks to depict its legal development, position in international context as well as its nature and function. The second part of the thesis is devoted to research work, which was undertaken by means of questionnaire addressed to obliged businesses. The questionnaire was divided into three separate parts and its main purpose was to analyse the changes emerging from the new legislation and their financial consequences, taken from the responses of directly involved subjects. At the end, the thesis summarises conclusions from both its theoretical and practical part in order to answer the questions mentioned above and suggest a few possibilities for the future development of the czech system. The bachelor thesis is written in Czech language.
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