Czech Republic

National procedural frameworks

Building law

Building law Act No. 183/2006 Coll.
Summary The purpose of the law is to consolidate spatial planning, building regulations and to determine the system of authorities. The aim of the Act is to improve the quality of the area with regard to the requirements of sustainable development, improving the environment, social conditions and conditions of economic development. The Act further regulates the conditions for project activity and construction execution and general construction requirements.
Main provisions The Act defines the objectives and tasks of spatial planning, the system of spatial planning authorities, spatial planning tools, assessment of impacts on sustainable development of the territory, conditions for construction, development of territory, qualification requirements for territorial planning activity, permitting of buildings and their changes, conditions for project activity and implementation structures, general requirements for construction, status and authorization of authorized inspectors, system of building authorities, obligations and responsibility of persons in the preparation and execution of buildings.
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The Act contains a general regulation of land-use planning and conditions for new and existing buildings. More detailed conditions regarding energy and waste heat are given in other regulations (eg Act No. 406/2000 Coll.). The second and third part of the Act provides information on territorial planning at all levels. The fourth part of the Act contains building regulations (building permits, necessary consents of the authorities concerned, etc.). All other provisions of this Act are connected and the general conditions set out in this Act must be fulfilled.
Link: https://zakonyprolidi.cz/cs/2006-183

Energy Management Act

Energy Management Act Act No. 406/2000 Coll.
Summary This law lays down rules for energy management, rules for energy policy at all levels, requirements for mandatory disclosure and some rules for the provision of energy services.
Main provisions The Act lays down certain measures to increase energy efficiency and the obligation of natural and legal persons in energy management, the rules for the creation of the State Energy Policy, the Territorial Energy Concept and the State Program for the Promotion of Energy Savings and the Use of Renewable and Secondary Energy Sources, Information and Education Requirements in the field of energy savings and the use of renewable and secondary sources and some rules for the provision of energy services. For some waste heat producers, it is mandatory to have an energy assessment at certain time intervals.
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The Act provides for the obligation to prepare an energy assessment to assess the costs and benefits of using waste heat to meet economically justifiable demand for heat, including combined heat and power generation, and to connect facilities to a minimum of a heat supply system in case of a new or substantial reconstruction of existing industrial operation a thermal input exceeding 20 MW that produces waste heat at a usable temperature and also to assess the costs and benefits of using waste heat from at least industrial plants in the case of the construction of a new or substantial reconstruction of the existing heat supply system with sources with a total thermal input exceeding 20 MW. 
For new residential buildings, the law stipulates that the obligation to produce an energy performance certificate for buildings, which must include the results of the assessment of the technical, ecological and economic feasibility of alternative heating systems, including inter alia combined heat and power.
Link: https://zakonyprolidi.cz/cs/2000-406

Energetic Law

Energetic Law Act No. 458/2000 Coll.
Summary This Act regulates the conditions of business and the performance of state administration in energy sectors, such as electricity, gas and heating. It also regulates the rights and obligations of natural and legal persons associated with it.
Main provisions The Act deals with the definition of business in the energy sector, setting conditions for the granting of licenses by the Energy Regulatory Office in specific cases, laying down the conditions for granting certification for the operation of the transmission system, the competence of the Energy Regulatory Office and the regulation of prices.
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The Act regulates the basic rules for the business of electricity generation, electricity transmission, electricity distribution and electricity trading, market operator activities, gas production, gas transportation, gas distribution, gas storage and gas trade, and heat production and heat energy distribution. Under the conditions provided by this Act, entrepreneurs in the energy sector in the territory of the Czech Republic may only under license granted by the Energy Regulatory Office. The license is also required for the production of electricity in power plants with an installed capacity of more than 10 kW, intended for the customer's own consumption. The law details the terms of the application for a license. The second part of the Act deals with the specific conditions for doing business in individual sectors (electricity, gas, heating).
Link: https://zakonyprolidi.cz/cs/2000-458

The Law on Supported Power Resources

The Law on Supported Power Resources Act No. 165/2012 Coll.
Summary This Act regulates the promotion of electricity and heat from renewable energy sources, secondary energy sources and high-efficiency combined heat and power generation, the performance of state administration and law, and the obligations of natural and legal persons associated with them. It also includes the adaptation of the conditions for the issue, recording and recognition of guarantees of origin of energy and the conditions for the issue of certificates of origin for electricity from renewable sources and for high-efficiency cogeneration and the conditions for financing the support of such electricity.
Main provisions The purpose of this Act is to encourage the use of renewable sources, secondary sources and high efficiency combined heat and power generation to increase the share of renewable energy in the consumption of primary energy sources in order to achieve the objectives set, to contribute to the sustainable use of natural resources and to a sustainable develop the company and create the conditions for meeting the binding target of the share of energy from renewable sources in gross final energy consumption in the Czech Republic while taking into account the customer's interest in minimizing the impact of the aid on energy prices for customers.
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This law defines secondary energy sources. Waste heat is not a secondary source of energy under this law; the law does not work with this term anyway. Therefore, there is no entitlement to financial support from the state.
Link: https://zakonyprolidi.cz/cs/2012-165

 

The Integrated Pollution Prevention and Control Act

The Integrated Pollution Prevention and Control Act Act No. 76/2002 Coll.
Summary The purpose of the Act is to achieve a high level of protection of the environment as a whole by applying integrated prevention and pollution control arising from the activities listed in Annex 1 to this Act.
Main provisions In accordance with European Union law, the law sets out the conditions for the granting of an integrated permit, replacing the individual environmental documents. It also provides for the securing of such operating conditions that will not allow the transfer of pollution between the different environmental compartments.
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The law specifies in which cases an integrated permit is required. It sets out the requirements for the application for an integrated permit and the process of its issuance. It establishes a way of setting binding operating conditions.
Link: https://zakonyprolidi.cz/cs/2002-76

Air Protection Act

Air Protection Act Act No. 201/2012 Coll.
Summary This Act regulates the permissible levels of air pollution, the way of assessing the permissible level of air pollution and their evaluation, the air pollution abatement tools and the rights and duties of persons and the competence of public authorities in the field of air protection.
Main provisions The Act defines the permissible level of pollution, its assessment and evaluation, the individual air quality improvement programs, the obligations of persons placing fuel in the Czech Republic, the obligations of the stationary source operator, the offenses in this area and the penalties for them.
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The required emission standards may be highly relevant for some waste heat recovery projects, as e.g. using heat from waste burning processes. The law sets standards for emission control in the cases where the IPPC (see above) is not applied. It also sets the minimal emission standards requirement based on the Industrial emission directive where BAT emission standards are not applied (which is the case of the smaller installations with the rated thermal input under 20 MW).
Link: https://zakonyprolidi.cz/cs/2012-201

Act on the Conditions for Trading in Allowances for GHG Emissions

Act on the Conditions for Trading in Allowances for GHG Emissions Act No. 383/2012 Coll.
Summary The Act deals with the trading of greenhouse gas emission allowances, emission permits, the trading system and the powers of public administration in this area. With the concept of waste heat, the law does not work specifically.
Main provisions The Act regulates the rights and obligations of system operators, aircraft operators and other persons in the trading of greenhouse gas emission allowances, the procedure for issuance of emission permits, the procedure for the issue and allocation of allowances and the conditions for trading with them, the conditions for the management of allowances, the conditions for the management of allowances and the system of penalties.
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The Annex to the Act specifies which facilities are covered by the legal rules. The law specifies the specification of the application for the permit to which the application is filed and how the Ministry decides on it. The third part of the law deals in detail with trading in greenhouse gas emission allowances. Part Four of the Act deals with the detection, reporting and verification of the reported quantity of emissions, transfers and use of emission reduction units and units of verified reduction from project activities and management of allowances and unit quantities.
Link: https://zakonyprolidi.cz/cs/2012-383

Environmental Impact Assessment Act

Environmental Impact Assessment Act Act No. 100/2001 Coll.
Summary The Act regulates the assessment of environmental and public health impacts and the procedure of persons, administrations and municipalities and regions in this assessment. Environmental impact assessments are subject to the objectives and concepts of this Act, the implementation of which could seriously affect the environment.
Main provisions The purpose of the environmental impact assessment is to obtain an objective expert background for the decision-making or, as the case may be, the measures under the specific legal regulations, and thereby contribute to the sustainable development of the company. Assessing impacts on population and public health and environmental impacts, including animals and plants, ecosystems, biodiversity, soil, water, air, climate and landscape, natural resources, tangible assets and cultural heritage, and their interactions and contexts.
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The subject matter of the Environmental Impact Assessment is the intentions listed in Appendix 1 to this Act. Assessment includes the discovery, description, assessment and evaluation of the expected direct and indirect significant effects of the implementation and non-implementation of the project on the environment. The assessment of the plan shall evaluate the environmental impacts during its preparation, implementation, operation and its eventual termination, eventually the consequences of its disposal and further rehabilitation or reclamation of the area if the obligation of remediation or reclamation. The law describes the entire process of environmental impact assessment.
Link: https://zakonyprolidi.cz/cs/2001-100

Environmental Law

Environmental Law Act No. 17/1992 Coll.
Summary The Act defines the basic concepts and sets out the basic principles of environmental protection and the duties of legal and natural persons in the protection and improvement of the state of the environment and in the use of natural resources; based on the principle of sustainable development.
Main provisions The law is a very general standard, which is followed by all other environmental regulations (eg Waste Act, Water Act, etc.). It mainly defines the basic concepts and general obligations of natural and legal persons in the protection of the environment.
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The law relates to:
- anyone is obliged, primarily by measures at source, to prevent pollution or damage to the environment and to minimize the adverse effects of its activities on the environment.
- anyone who uses land or natural resources, designs, performs or removes buildings, is required to do so only after assessing their environmental impact and the burden on the site.
- anyone who intends to introduce technology, products or substances into, production or circulation, or who intends to import them, is required to ensure that they comply with environmental protection conditions and that, in the cases provided for by this Act and special regulations, they are assessed in terms of their possible effects on the environment.
- anyone who is polluting or damaging the environment or who uses natural resources is required to monitor and report on its effects at its own expense.
- entrepreneurs are obliged, to the extent and under the conditions laid down by special regulations, to provide information about their environmental impact.
The law also lays down the conditions for liability for breaches of environmental protection obligations.
The law is not specific regarding the waste heat projects however it is relevant as it sets general terms of the environmental protection.
Link: https://zakonyprolidi.cz/cs/1992-17

Law on the Right to Information on the Environment

Law on the Right to Information on the Environment Act No. 123/1998 Coll.
Summary This Act incorporates the relevant European Union regulations and regulates the security of the right to access environmental information and timely and complete environmental information, to create the conditions for the exercise of this right, and to promote the active disclosure of information on the environment by obligated entities.
Main provisions It sets out the conditions for the exercise of the right to timely and complete environmental information available to, or available to, the public on environmental information, the basic terms and conditions for disclosure, and the reasons why of this Act to deny disclosure of information and to actively disclose information about the environment and to promote the use of remote access devices.
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Obligatory subjects under this Act are among others legal or natural persons who exercise in the area of public administration powers relating directly or indirectly to the environment and legal entities founded, which provide services which influence the state of the environment and its individual components.
Information about the environment, among other things, information on the status and development of environmental causes and consequences of this condition, use of natural resources and its impact on the environmental impacts of buildings, activities, technologies and products on the environment and so on.
Link: https://zakonyprolidi.cz/cs/1998-123

Waste Act

Waste Act Act No. 185/2001 Coll.
Summary This law incorporates the relevant European Union regulations and regulates waste prevention and management rules while respecting environmental protection, human health protection and sustainable development and reducing the adverse impacts of the use of natural resources.
Main provisions The law applies to the treatment of all wastes, except waste water, to the extent that they are subject to other legislation, radioactive waste and uncharged emissions of air pollutants; carbon dioxide captured for the purpose of its deposition into natural rock structures and deposited thereon structures or carbon dioxide captured for research, development or testing of new products and processes and stored in a storage site with a capacity of less than 100 kilotonnes.
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The individual annexes to the Act specify the ways in which waste is used, waste disposal methods, waste collection rates, the energy efficiency calculation formula, and waste prevention targets.
Link: https://zakonyprolidi.cz/cs/2001-185

Water Act

Permits-Czech Procedural Water Act

Water Act Act No. 254/2001 Coll.
Summary The purpose of this Act is to protect surface and groundwater, to establish conditions for the economical use of water resources and to preserve and improve the quality of surface and groundwater, to create conditions for reducing the adverse effects of floods and drought and to ensure the safety of water works. Another purpose is to contribute to securing the population with drinking water and to protect aquatic ecosystems.
Main provisions The Act regulates legal relations to surface and groundwater, relationships between natural and legal persons in the use of water, relationships to land and buildings with which the occurrence of such waters is directly related, in order to ensure the sustainable use of these waters, the safety of water works and protection from effects of floods and drought. In the context of relations governed by this Act takes into account the principle of cost recovery for water services, including the costs related to environmental protection and resource costs, in accordance with the principle that the polluter pays.
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Surface and groundwater are not the property of, and are not part of, or accessories of, the land on or under which they occur. Any person handling surface or underground water is required to take care of their protection and to ensure their economical and efficient use. Anyone who uses water for production purposes is required to make effective adjustments in the production of efficient water use and taking into account the best available technology. For some intentions, permission, consent, or statements on water management are required, which the law regulates in detail. The fifth part of the Act regulates the protection of water quality, including the definition and management of sewage.
Link: https://zakonyprolidi.cz/cs/2001-254

Planning of an investment
Implementation of an investment
Environmental permits