ŠVARCOVÁ, Kateřina. Floodplains as a manifestation of the environmental principle of prevention. In SGEM International Multidisciplinary Scientific GeoConference. 16th International Multidisciplinary Scientific Geoconference SGEM 2016 - Book 5, Ecology, Economics, Education and Legislation. Bulgaria: STEF92 Technology Ltd., 2016, p. 895-902. ISBN 978-619-7105-65-0.
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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
Original language English
Type of outcome Proceedings paper
Field of Study 50500 5.5 Law
Country of publisher Bulgaria
Confidentiality degree is not subject to a state or trade secret
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 1314-2704
UT WoS 000391519100119
Keywords in English Floodplains; active zones; principle of prevention; limitations on the owner; measures of a general nature
Tags rivok
Tags Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 27/4/2017 10:15.
Abstract
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 MUName: Udržitelná spotřeba jako nástroj k zachování biologické rozmanitosti a přežití lidstva (Acronym: SVARDUDO)
Investor: Masaryk University, Category A
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