Czech senate approves law on building strategic infrastructure despite reservations

30 November 2023

A law to facilitate the construction of strategic infrastructure was approved by the Senate yesterday. It decided to do so despite the reservations of a significant part of its members who did not like the way the House expanded it. Proponents say the new rules are intended to speed up the construction of roads, highways, railways and energy infrastructure. The rule will now go to the president for his signature.

Approval of the bill without amendments was supported by 41 of the 74 senators present, only three more than needed. Critics of the bill were concerned about the impact of lawmakers’ additions to the norm, which ultimately governs 17 laws. It would now apply to energy security structures related to nuclear power and would also facilitate the opening and mining of strategic deposits of critical raw materials, including gravel and stone, or lithium for battery production.

Transport Minister Martin Kupka (ODS) defended the extension of the law by saying that it would allow catching up with neighbouring countries. “We are not compromising the unbreakable principles of a democratic state, we are maintaining respect for private property. What will not happen in the Czech Republic is that construction will not start before property rights are settled. We are not compromising the basic obligation to ensure environmental impact assessments for all those key projects,” the Minister said.

Kupka said the new rules will, for example, allow the construction of charging stations for electric cars to be accelerated, which are to be every 60 kilometres on average for passenger transport and every 120 kilometres for freight transport from 2025, in view of commitments to the EU.

Senator Martin Krsek (for SEN 21) proposed removing from the draft, among other things, Kupka’s amendment to introduce the possibility of a partial spatial development plan to facilitate the preparation and authorisation of high-speed lines and other important transport projects. According to the Senator, this change constitutes an interference with the legal certainty of local governments and landowners.

According to the government’s original proposal, the draft is intended to ensure that the most important highway, rail and water transport infrastructure projects receive a statutory construction permit within four years, following an EU directive, including an environmental impact assessment (EIA).

The amendment is also intended to speed up the preparation and permitting of energy security structures. This will mainly concern constructions on the site of nuclear facilities and related constructions in the surrounding area. According to Senate Deputy Chairwoman Jitka Seitlová (KDU-ČSL), Parliament should be able to intervene in the process. Vladislav Vilímec (ODS) pointed out that investors in wind power plants could abuse the provision according to which the construction of up to three wind turbines does not have to be subject to the EIA process.

The Chamber of Deputies inserted a measure to prevent the practice of so-called blanket submissions. This is the practice whereby an opponent of a construction site files an appeal but does not give specific reasons and adds them later. In passing the amendment, the House adopted an amendment to the Mining Act that introduces a definition of critical minerals. In addition to radioactive minerals, these are to include building stone and gravel if they are located on deposits considered exclusive.

Source: CTK
Photo: Martin Kupka – ODS

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