Order of 30 June 1998 constituting certain details on documentation of landscape and nature protection

1 218 ORDER of the Ministry of the Environment of the Slovak Republic from 30 June 1998 Constituting Certain Details on Documentation of landscape and nature protection The Ministry of Environment of the Slovak Republic (hereinafter only ”ministry”) according to Article 41, paragraph 9 of the Act No. 287/1994 Coll. of the National Council of the Slovak Republic on landscape and nature protection (hereinafter only ”Act”) stipulates: Article 1 Types of documentation on landscape and nature protection Documentation on landscape and nature protection according to Article 41 of the Act consists mainly from: a) General Building Scheme of Over-regional Territorial System of Ecological Stability of the Slovak Republic (hereinafter only ”scheme”); b) Program of Nature and Landscape Management of the State; c) project of regional territorial system of ecological stability; d) project of local territorial system of ecological stability; e) territorial plan of nature and landscape protection of protected landscape area or territorial plan of nature and landscape protection of national park; f) program of care for protected landscape area or program of care for national park; g) rescue program for specially protected parts of nature and landscape; h) red books of rare and endangered species. Article 2 Scheme (1) Scheme is basis for strategy of protection of diversity of conditions and forms of life on the level of whole state; it expresses actual state of ecological quality of whole area of the state and it contains starting points to reach ecological stability. (2) Scheme is base to work out the Program of Nature and Landscape Management of the State, the projects of regional territorial system of ecological stability and the projects of local territorial system of ecological stability. Article 3 Program of Nature and Landscape Management of the State Program of Nature and Landscape Management of the State is worked out on the basis of the scheme (Article 2); it is framework material, which contains basic program aimed to preserve natural values of the state on basis of an analysis of the status of the nature and landscape of the state as well as to reach sustainable development and ecological stability. Article 4 Project of regional territorial system of ecological stability (1) Project of regional territorial system of ecological stability is basis for protection of diversity of conditions and forms of life and to achieve ecological stability on territory of district or region; it is base to work out land-use planning documentation of large territorial unit,1 to work out project of local territorial system of ecological stability, decision of bodies of nature protection and practical care for protected parts of nature. (2) Project of regional territorial system of ecological stability contains following parts: a) territorial plan of nature and landscape protection containing review of selected parts of nature and landscape with special importance to preserve biological diversity and ecological stability of landscape 1 For example Articles 8 and 16 of the Order No. 84 / 1976 Coll. of Federal Ministry for Technical and Investment Development on Land-use Planning Base Documents and Land-use Planning Documentation as amended by Order No. 377 / 1992 Coll. 2 regardless from the level of their protection2, (hereinafter only ”specially important parts of nature and landscape”); b) territorial plan of load of nature and landscape, in which the level of load and change of landscape due to human activity is evaluated; c) territorial plan of ecological stability of landscape containing categorization by share of specially important parts of nature and landscape and level of their change by man; d) program of care for nature and landscape, in which are defined regulations for protection and creation of nature and landscape of district or region. (3) Project of regional territorial system of ecological stability is worked out for territory of district except territory of protected landscape area and national park including its protective zone, where documentation according to Article 1, letters e) and f) carries out function of project of regional territorial system of ecological stability. (4) Ecological stability project of regional territorial system is worked out from projects of regional territorial system of ecological stability of districts on territory of region. (5) Content of ecological stability project of regional territorial system is referred to in Annex 1. Article 5 Ecological stability project of local territorial system (1) Ecological stability project of local territorial system is basic document for protection of diversity of conditions and forms of life and to achieve ecological stability on local level; it is base to work out land-use planning documentation of human settlements and zones.3 It is composed of similar parts as project of regional territorial system (Article 4, paragraph 2). (2) Project of local territorial system is usually worked out for land-use planning territory. (3) Content of ecological stability project of local territorial system is referred to in Annex 2. 2 Article 6 of the Act No. 287 / 1994 Coll. of National Council of the Slovak Republic on nature and landscape protection. 3 Article 12 of the Act No. 330 / 1991 Coll. of Slovak National Council on land regulations, organization of land ownership, land fund and land associations. 3 Article 6 Territorial plan of nature and landscape protection of protected landscape area and territorial plan of nature and landscape protection of national park (1) Territorial plan of nature and landscape protection of protected landscape area or territorial plan of nature and landscape protection of national park contains review of specially important parts of nature and landscape on territory of protected landscape area or national park including its protective zone and their spatial structure. It defines units of spatial partition of protected landscape area or national park, in which the same social economical factors have influence for territories with same ecosystems (hereinafter only ”ecologically functional space”), on basis of an analysis of natural and social economical relationships. It can define also segmentation of protected territory into zones.4 (2) Content of territorial plan of nature and landscape protection of protected landscape area and territorial plan of nature and landscape protection of national park is referred to in Annex 3. Article 7 Program of care for protected landscape area and program of care for national park (1) Program of care for protected landscape area or program of care for national park defines strategic goals of care for territory of protected landscape area or national park including its protective zone separately according to individual environmental media; it contains principles and regulations of territory exploitation in relation to individual areas of human activity in continuation to individual ecological functional spaces. (2) Content of program of care for protected landscape area and program of care for national park is referred to in Annex 4. Article 8 Rescue program for certain categories of especially protected parts of nature and landscape (1) Rescue program for protected site, protected landscape area, national protected landscape area, nature monument and national nature monument and rescue program for protected tree are worked out for mentioned categories of protected territories or for protected trees in case of their endangerment; there are defined principles and concrete measures for rescue and preserving of subject of protection. (2) Rescue program for critically endangered protected species5 on state territory defines principles to save endangered protected species with proposal of concrete actions to improve the state and to remove reasons of endangerment. (3) Rescue program for protected species endangered on territory of region is worked out to rescue protected species endangered on territory of region. (4) Content of rescue program according to paragraph 1 is referred to in Annex 5. Content of rescue program according to paragraphs 2 and 3 is referred to in Annex 6. Article 9 Red books of precious, rare and endangered species (1) Red books of precious, rare and endangered species as starting document of species protection are worked out according to level of endangerment of individual species in compliance with internationally valid criteria. They are base mainly for enlistment of individual species among protected species and for determination of their social value. (2) Content of red books according to paragraph 1 is referred to in Annex 7. Article 10 Obtaining, elaboration and updating of documentation of nature and landscape protection (1) Body of nature protection, which obtains documentation, takes care for mutual compliance of individual kinds of this documentation and for reduction of senseless duplicities during obtaining and elaboration of documentation of nature and landscape protection for purposes of nature and landscape protection.6 4 Article 21 of the Act No. 287 / 1994 Coll. of the National Council of the Slovak Republic. 5 Article 24 of the Act No. 287 / 1994 Coll. of the National Council of the Slovak Republic. 6 Article 41, paragraph 6, Article 51, letters c) and d), Article 53, letter b), and Article 54, letter b) of the Act No. 287 / 1994 Coll. of the National Council of the Slovak Republic. 4 (2) Provision of paragraph 1 refers alike for obtaining of documentation according to Article 5 by other supplier for purposes of elaboration land-use planning documentation or another documentation referred to in Article 9 of the Act. (3) Documentation of nature and landscape protection is elaborated usually for period of ten years. Body of nature protection ensures, as it is needed, its amendment or completion even before this period expired, if conditions and facts on basis of which this documentation was approved has been principally changed. (4) Competent organizations of nature and landscape protection established by ministry according to Article 51, letter i) of the Act work out documentation for purposes of nature and landscape protection. Article 11 Deposit of documentation (1) Documentation of nature and landscape protection is deposited and it is possible to view it a) at the seat of body competent for its approval6; documentation according to Articles 2 and 7 is deposited with ministry; b) at the seat of territorially competent organization of nature protection; c) in state list of specially protected parts of nature and landscape7. (2) Supplier of documentation according to Article 10, paragraphs 1 and 2 submits approved documentation to authorities and organizations referred to in paragraph 1 within 15 days from its approval. Article 12 Entry into force This Order enters into force on August 1, 1998 Jozef Zlocha, sign manual Annex No.1 to the Ministry Order No.218/1998 of the Coll. CONTENTS OF PROJECT OF REGIONAL TERRITORIAL SYSTEM OF ECOLOGICAL STABILITY A. Territorial plan of nature and landscape protection 1. General characteristics of natural conditions (especially geological conditions, geomorphologic, hydrological, phytogeographical and zoogeographical classification of the site) 2. Documentation of specially important features of nature and landscape 2.1 Specially protected features of nature and landscape 2.1.1 Protected landscape areas 2.1.2 National parks and their protective zones 2.1.3 Protected sites and their protective zones 2.1.4 National nature reserves , reserves and their protective zones 2.1.5 National nature monuments and nature monuments (including caves, abysses and waterfalls) and their protective zones 2.1.6 Protected trees 2.2 Natural sites being prepared for protection 2.3 Important landscape components Article 5, paragraph 1, Article 6, paragraph 1 and ordinal number 79 of Annex to the Act No. 222 / 1996 Coll. of the National Council of the Slovak Republic on Organization of Local State Administration and on Amendment and Completion of Certain Acts. 7 Article 37 of the Act No. 287 / 1994 Coll. of the National Council of the Slovak Republic. Article 2 of Order No. 295 / 1996 Coll. of the Ministry of the Environment of the Slovak Republic Implementing Certain Provisions of the Act of the National Council of the Slovak Republic on Nature and Landscape Protection. 5 2.3.1 Relief messoforms and microforms 2.3.2 Marshland, aquatic and coastal ecosystems 2.3.3 Protective forests and specially designated forests of (except forests protecting against pollution ) 2.3.4 Parks and alleys (except municipal areas ) 2.3.5 Riverbanks and lakeshores covers 2.3.6 Spinneys and balks 2.3.7 Terraces 2.4 Localities with occurrence of protected and endangered species of 2.4.1 flora 2.4.2 fauna 2.4.3 minerals and fossils 3. Map of the district indicating l specially important features of nature and landscape (scale 1:50 000) B. Territorial plan of nature and landscape capacity 1. Documentation of chosen barrier elements 1.1 in water streams and coastal ecosystems ( stream regulation, transversal structures, artificial arrests) 1.2 in forest ecosystems (forest transport network, forests of special designation by reason of pollution, forest monocultures in non-native positions) 1.3 in agroecosystems (areas affected by erosion, areas with active slope movements, permanent surface plantations of non-native species) 1.4 related to urbanisation and settlement (intersection of animal migration paths with communications, electricity transmission lines 22 kV with linear-configuration brackets, sludge beds, dumps, ski lifts, cable ways) 2. Description of present landscape structure 2.1 Arable land 2.2 Permanent grassland 2.3 Non-forest tree and bush vegetation 2.4 Forests 2.5 Waters 2.6 Built- up areas and surfaces changed by anthropogenetic activity (including garden sites, recreational facilities, hydromelioration structures, mining works, dumps and hoppers) 3. Map of chosen barrier elements (scale 1:50 000) 4. Map of present landscape structure (scale 1:50 000) C. Territorial plan of ecological stability of landscape 1. Documentation of surfaces from aspect of ecological stability of landscape 1.1 Surfaces without ecological stability 1.1.1 Arable land with low surface representation of nature and landscape components of special importance (up to 15%) 1.1.2 Areas affected by erosion 1.1.3 Areas under the influence of slope movements 1.1.4 Areas degraded by anthropogenetic activity (quarries, dumps, hoppers, built-up areas, garden and cottage sites) 1.2 1.1.5 Specially designated forests protecting against pollution-Areas with medium ecological stability 1.2.1 Permanent grassland with low surface representation of nature and landscape components of special importance (below 10%) 1.2.2 Forrest monocultures situated in non-native habitats 1.2.3 Surface plantations of non-native species including agricultural plants (not indicated under points 1.1.1 and 1.2.1) 1.3 Areas with (sufficient) ecological stability (other areas not indicated under points 1.1 and 1.2) 6 1.3.1 Biocentres 1.3.2 Biocorridors 1.3.3 Other areas of ecological stability 2. Map of landscape ecological stability of (M 1:50 000) D. Program of nature and landscape management 1. Program of of nature and landscape protection 1.1 Framework rules of protection of declared speciallyprotected features of nature and landscapeclassified according to points 2.1.3 to 2.1.5, Part A of this Annex. 1.2 Regulations for protection of specially important features of nature and landscape classified according to points 2.2 to 2.4, Part A of this Annex 2. Program of of landscape formation (prepared for non-stable and medium stable areas only) 2.1 Representative potential geo-ecosystems (potential vegetation, types of landscape, regional geomorphologic units, plan of Master plan of supra-regional territorial system of ecological stability) 2.2 Abiocomplexes 2.3 Potential barrier elements (water contamination, ground and surface water contamination, areas endangered by ambient pollution, technical infrastructure in landscape, especially linear buildings (traffic and delivery), potential erosion and slope movements) 2.4 Measures of landscape formation for individual areas 2.5 Map of landscape formation (scale 1:50 000) 7 Annex No.2 to the Ministry Order No.218/1998 of the Coll. CONTENTS OF PROJECT OF LOCAL TERRITORIAL SYSTEM OF ECOLOGICAL STABILITY A. Territorial plan of nature and landscape protection 1. General characteristics of nature conditions (adequately as given under point 1, Part A of Annex No.1) 2. Documentation of specially important features of nature and landscape (adequately as given under point 2, Part A of Annex No.1) 3. Forms of settlement and economical utilisation of the site valuable from cultural and historical aspects 3.1 Agricultural settlements (mountain fields, newly cleared land) 3.2 Orchards (extensive, with local varieties) 3.3 Vineyards 4. Map of specially important features of nature and landscape within site under consideration (scale 1:10 000) B. Territorial plan of nature and landscape capacity 1. Documentation of chosen barrier elements (adequately as given under point 1, Part B of Annex No.1) 2. Description of present landscape structure (adequately as given under point 2, Part B of Annex No.1) 3. Plan of chosen barrier elements (scale 1:10 000) 4. Plan of present landscape structure (scale 1:10 000) C. Territorial plan of landscape ecological stability of 1. Documentation of sites from aspect of landscape ecological stability of (adequately as given under point 1, Part C of Annex No.1) 2. Map of landscape ecological stability of (scale 1:10 000) D. Program of nature and landscape management 1. Program of nature and landscape protection (Regulations of protection of specially important features of nature and landscape excluding specially protected features of nature and landscape ) 1.1 Important landscape components 1.2 Interactive elements 1.3 Gene pool areas 2. Program of landscape formation 2.1 Representative potential geoecosystems (adequately as given under point 2.1, Part D of Annex No.1) 2.2 Abiocomplexes (adequately as given under point 2.2, part D of annex No.1) 2.3 Potential barrier elements (adequately as given under point 2.3, part D of annex No.1) 2.4 Overview of property relationship by their nature (state, private etc.) 2.5 Measures of landscape formation for individual areas) 2.6 Map of landscape formation (scale 1:10 000) 2.7 In cases determined by special regulation1) , including claims to land resulting from measures under this project or the project of regional territorial system of ecological stability, and means of settlement of property rights 8 1) § 1 letter f) o the Act No.330/1991 Coll. of Slovak National Council on land regulations, organisation of land ownership, land registers, land fund and land associations. 9 Annex No.3 to the Ministry Order No.218/1998 of the Coll. CONTENTS OF TERRITORIAL PLAN OF NATURE AND LANDSCAPE PROTECTION PROTECTED LANDSCAPE AREAAND TERRITORIAL PLAN OF NATURE AND LANDSCAPE PROTECTION AND NATIONAL PARKS A. Analysis of condition of nature and landscape 1. General characteristics of natural conditions in the site of aprotected landscape area or a national park and its protective zone (hereinafter referred to as “National Park”) 2. Documentation of specially important features of nature and landscape, situated in the site of aprotected landscape area or a national park (adequately as given under point 2, part A of annex No.1 expect for points 2.1.1 and 2.1.2) 3. Plan of boundaries of aprotected landscape area or a national park to: a) geological map (scale 1:50 000) b) phytogeographical map (scale 1:50 000) c) zoogeographical map (scale 1:50 000) 4. Map of specially important features of nature and landscape, situated in aprotected landscape area or a national park (scale 1:50 000) B. Plan of anthropogenetic activity 1. Documentation of chosen barrier elements in the site of aprotected landscape area or a national park (adequately as given under point 1, part B of annex No.1) 2. Description of present landscape structure in the site of aprotected landscape area or a national park (adequately as given under point 2, part B of annex No.1) 3. Description of socio-economical activities in the site of aprotected landscape area or a national park (industry and power engineering, transport, mining activity and activity executed in mining way, forestry, agriculture, leisure, tourism, water management, hunting, fishery, urbanisation and settlement). 4. Map of chosen barrier elements in the site of aprotected landscape area or a national park (scale 1:50 000) 5. Map of present landscape structure in the site of aprotected landscape area or a national park (scale 1:50 000) C. Ecologically functional differentiation of site 1. Documentation of ecologically functional space in the site of aprotected landscape area or a national park 2. Map of ecologically functional space in the site of aprotected landscape area or a national park D. Zoning aprotected landscape area or a national park (only in case of division of such aprotected landscape area into zones in terms of § 21 of the law). 1. Delimitation and documentations of the different zones 2. Overview of property relationship in the different zones 3. Map of zoning aprotected landscape area or a national park (scale 1:50 000) 4. Map of Zone A and Zone B (scale 1:10 000 or larger) 10 Annex No.4 to the Ministry Order No.218/1998 of the Coll. CONTENTS OF PROGRAM OF PROTECTIONOF PROTECTED LANDSCAPE AREASAND THE PROGRAM OF PROTECTION OF NATIONAL PARKS A. Contents of program of protection of protected landscape areas 1. Program of protection ofprotected areas with protection level 4 and 5 situated in the site of a protected landscape area (adequately as given under point 1.1, Part D of Annex No.1) 2. Program of protection of the other specially important features of nature and landscape, situated in the site of aprotected landscape area (classified and specified adequately to point 1.2, part D of Annex No.1) 3. Regulations for human activity in ecologically functional space 4. Map of spatial and functional differentiation of aprotected landscape area (scale 1:50 000) B. Contents of program of national parks protection 1. Evaluation of present nature condition and efficiency of protection of a national park 1.1 Analysis of present nature condition in a national park 1.2 Actual socio-economical utilisation of the site (forest managemant, agriculture, water management, hunting and fishing, settlement and construction, tourism and leisure, transport) 1.3 Efficiency of the existing protection of national park site 2. Strategic aims of the protection of nature in a national park 3. Rules of the protection of national park area 3.1 Air protection 3.2 Protection of relief and land 3.3 Protection of water surfaces and water streams 3.4 Protection of biological diversity 3.4.1 Protection of ecosystems (e.g. non-forest, forest, aquatic, marsh, peat and swamp ecosystems) 3.4.2 Protection of flora and fauna 3.5 Landscape protection 3.6 Environmental education 3.7 Scientific and research activity 3.8 Monitoring and information system 3.9 Institutional protection and organisational management 3.10 International co-operation 3.11 Project of regulations for human activity in individual ecologically functional premises 4. Economical and financial assurance of program of protection 4.1 Proposal for solution of economical and organisational issues of national park protection 4.2 Quantification of costs of realisation of program of protection 5. Project of measures for assurance of program of protection 6. Plan of spatial and functional differentiation of a national park (scale 1:50 000) 7. Overview of forest unites in use and property rights to forest land (map scale 1:50 000) 8. Tabular annexes 8.1 Overview of property rights to forest land by forest unites in use (particularly for a national park and its protective zone) 8.2 Overview of forest categories 8.3 Overview of property rights to land fund according to the land register 11 Annex No.5 to the Ministry Order No.218/1998 of the Coll. CONTENTS OF PROGRAM OF RESCUE OF SOME CATEGORIES OF SPECIALLY PROTECTED FEATURES OF NATURE AND LANDSCAPE 1. Analysis of present condition of a protected site , nature reserve, national nature reserve, nature monument and national nature monument or protected tree (hereinafter referred to as “protected site”). 1.1 Evaluation of the existing protection of protected site 1.2 Factor of threat to protected site 2. Framework rules of rescue of protected site 3. Measures in the fields of: 3.1 legislation 3.2 practical protection of protected siteto improve the conditions or eliminate causes of the threat 3.3 monitoring 3.4 education and co-operation with the public Annex No.6 to the Ministry Order No.218/1998 of the Coll. 12 CONTENTS OF PROGRAM OF RESCUE OF ENDANGERED SPECIES 1. Analysis of present conditions 1.1 Spread and condition of population 1.2 Biological and ecological requirements 1.3 Factors of threat (especially hunting, agriculture, tourism) 1.4 Existing assurance of protection 2. Framework rules of rescue 3. Measures in the fields of: 3.1 legislation 3.2 practical protection of the protected species or its habitat (sanitation, reconstruction, regulation, protection measures) to improve the situation or eliminate the causes of threat 3.3 monitoring 3.4 education and co-operation with the public 3.5 rescue of the protected endangered species under conditions outside its native habitat (ex situ) Note: The program of rescue of protected minerals and fossils includes only points 1.1, 1.3, 1.4, 2, 3.1, 3.2, 3.4 and 3.5. 13 Annex No.7 to the Ministry Order No.218/1998 of the Coll. CONTENTS OF RED LISTS OF PRECIOUS, RARE AND ENDANGERED SPECIES 1. Evaluation of level of danger to the taxon 1.1 Position of taxon in world red lists and its level of danger in the whole area 1.2 Share in total population or area belonging to area under consideration 1.3 Position of area under consideration in framework of total area of taxon (centre, periphery) 1.4 Evaluation of taxons under special criteria 1.4.1 Reduction of population 1.4.2 Spread, occurrence, number of sites or subpopulations, discontinuity of area 1.4.3 Size, range and quality of habitat 1.4.4 Population size and its utilisation 1.4.5 Influences of introduced taxons, hybridisation, pathogens, pollution, competitors or parasites 1.4.6 Likelihood of extinction in wild nature 2. Classification of taxons 2.1 Extinct (EX) 2.2 Extinct in wild nature (EW) 2.3 Endangered 2.3.1 Critically endangered (CR) 2.3.2 Endangered (EN) 2.3.3 Vulnerable (VU) 2.4 Less endangered (LR) with subcategories 2.4.1 protection dependent (cd) 2.4.2 nearly endangered (nt) 2.4.3 least endangered (lc) 2.5 Insufficiently known 3. Identification of taxons not evaluated