D 2016

Floodplains as a manifestation of the environmental principle of prevention

ŠVARCOVÁ, Kateřina

Basic information

Original name

Floodplains as a manifestation of the environmental principle of prevention

Authors

ŠVARCOVÁ, Kateřina (203 Czech Republic, guarantor, belonging to the institution)

Edition

Bulgaria, 16th International Multidisciplinary Scientific Geoconference SGEM 2016 - Book 5, Ecology, Economics, Education and Legislation, p. 895-902, 8 pp. 2016

Publisher

STEF92 Technology Ltd.

Other information

Language

English

Type of outcome

Stať ve sborníku

Field of Study

50500 5.5 Law

Country of publisher

Bulgaria

Confidentiality degree

není předmětem státního či obchodního tajemství

Publication form

printed version "print"

RIV identification code

RIV/00216224:14220/16:00091000

Organization unit

Faculty of Law

ISBN

978-619-7105-65-0

ISSN

UT WoS

000391519100119

Keywords in English

Floodplains; active zones; principle of prevention; limitations on the owner; measures of a general nature

Tags

Tags

Reviewed
Změněno: 27/4/2017 10:15, Mgr. Petra Georgala

Abstract

V originále

This paper focuses on the specific manifestation of the principle of prevention, essential starting points of environmental legislation, and an important guide for interpreting and application in terms of regulating floodplains in the Czech Republic. Floodplains are environmental institutions of water regulation, specifically legislation on protection against floods (this is a public interest manifesting with systematic prevention). A floodplain is an administratively designated area that may become inundated with water due to the occurrence of natural flooding. A special locality in a floodplain is its active zone. During a flood, the highest quantity of flood flow concentrates here, forming the highest risk area. Floodplains are closely tied to secondary purposes of this regulation, including e.g. preservation of biological diversity of surrounding habitats, natural ecosystems, but also a proportional approach to possible limitation of owners of given localities. Individual aspects of floodplains and their active zones are examined - by the scientific research method of description and analysis of current legislation, inter alia, by the measure of current case law and professional opinions. The actual form of measures of a general nature, by means of which the floodplain and the active zone are defined, is a crucial aspect, because it deduced substantial changes. Regulation of temporary provisions related to this. One key aspect is to strike a balance between limitations arising in the specific locality for its property owners. What basic problematic questions exist relating to this legislation? Is the established legislation regulating floodplains and their active zones complex, and does the regulation fulfill the expected functions? This paper explores the regulation of floodplains and their active zones de lege lata, with assessment of this legislation.

Links

MUNI/A/1155/2015, interní kód MU
Name: Udržitelná spotřeba jako nástroj k zachování biologické rozmanitosti a přežití lidstva (Acronym: SVARDUDO)
Investor: Masaryk University, Category A