10.

Relationship between the environmental impact assessment procedure and the nature and landscape conservation

Conservation of nature and landscape is one of the areas covered by the EIA and SEA in detail.

Since the beginning of the special legislation in 1992 (EIA ACT), but especially since 2002, the statutory framework for the assessment of nature and landscape conservation has been established, primarily within the chapter “Impact on fauna, flora, and ecosystems”. The impact on the institutes of general nature conservation and special nature conservation was included, as well.

This fact is confirmed by the so-called “Integration” amendment to EIA Act (effective from 1 January 2018), which included also amendments to the Act on Nature and Landscape Conservation (hereinafter referred to as the “ANLC”), namely Section 67. This provision introduces the obligation, in the event of serious interference with the landscape, to assess the impact on the concerns protected under Part Two (General Nature and Landscape Conservation), Part Three (Special Areas of Conservation), and Part Five (Memorial Trees, Specially Conserved Plant Species, Animals, and Minerals) of the Act. The assessment also includes a proposal for measures to exclude or at least mitigate the negative impact on generally or specially conserved parts of nature or a proposal of alternative measures (Section 67(1)). The details of the assessment are included in the Decree of the Ministry of the Environment No. 142/2018 Sb., on the Requirements for the Assessment of Impact of a Projects or a Strategies on the Sites of Community Importance and Important Bird Areas, and on the Requirements for the Assessment of Impact of a Serious Intervention on the Nature and Landscape Conservation Concerns. This assessment must be carried out by an authorized person. In the case of plans assessed under EIA Act, this assessment becomes a part of the EIA report (Section 67 (2)).

In order to express the relationship between nature and landscape conservation and the impact assessment processes under EIA and SEA, Part Four of the Act on Nature and Landscape Conservation relating to the NATURA 2000 system is also important - in this context, in particular paragraphs 45h and 45i:

Any strategy or plan that may itself, or in conjunction with other strategies and plans, significantly affect the subject matter of conservation or the integrity of a site of Community importance or important bird area, is subject to an assessment of its consequences for the territory in question and the state of its conservation in terms of the above considerations (paragraph 45h of ANLC). Unless stated otherwise, EIA Act applies. In the case of strategies, their updates are also being considered as well as reports on their implementation.

A plan or strategy may only be approved if no significant impact on the subject matter of conservation or integrity of the NATURA 2000 system is indicated. Exceptions to this provision are regulated in Section 45i (9) to (11). The essential tool are the so-called compensatory measures, which must be functional before the implementation of the assessed plan and the so-called “Integration” amendment, which in addition tightened up the authorization procedure (under the ANLC scheme) by requiring the investor to submit the statement of the nature conservation authority confirming the provision of compensatory measures. If this does not happen, the building permission already obtained for the plan under assessment is not enforceable.