Exemptions from prohibitions for specially protected species

Main information

The exemption is necessary for any handling of specimens of the species, including dead specimens and parts thereof, and interventions in the habitat of specially protected species. Specially protected animals and plants are also protected dead.

Specially protected animals are protected at all stages of their development. The natural and artificial settlements used by them and their habitat are protected. It is forbidden to harmfully interfere with the natural development of specially protected animals, in particular to catch, keep them in captivity, disturb, injure or kill them. It is not allowed to collect, destroy, damage or relocate their developmental stages or settlements used by them. It is forbidden to hold, breed, transport, sell, exchange, offer for sale or exchange.

The habitat of the species is the local environment that meets the demands characteristic of plant and animal species.

Specially protected plants are protected in all their underground and above-ground parts and all developmental stages. Their habitat is also protected. It is forbidden to collect, tear, dig, damage, destroy or otherwise disturb these plants in development. They shall also be prohibited from being held, grown, transported, sold, exchanged or offered for sale or exchange. Such protection shall not apply to a specially protected plant when it grows in culture. 

An exception to the above-mentioned prohibited activities is required. The nature protection authority shall grant this exemption only if the following reasons are met:

For species protected at national level:

  • other public interest in the implementation of your project outweighs the interest of nature protection OR is this project in the interest of nature protection

For species protected at European level:

  • other public interest in the implementation of your project outweighs the interest of nature protection OR is this project in the interest of nature protection
  • there is no other satisfactory solution
  • the activity authorised does not affect the achievement or maintenance of a favourable conservation status of the species;

At the same time, the authorisation of the exemption must be:

  • in order to protect wild fauna and flora and to protect natural habitats,
  • in order to prevent serious damage, in particular to crops, livestock, forests, fisheries, waters and other types of property,
  • in the interest of public health or public security or for other imperative reasons of overriding public interest, including those of a social and economic nature and those having beneficial consequences of undisputed importance for the environment;
  • for the purposes of research and education, repopulation of a territory with populations of a species or reintroduction in the original range of a species, and breeding and cultivation necessary for such purposes, including artificial reproduction of plants;
  • in the case of specially protected bird species, for the capture, keeping or other use of birds in small quantities.

This applies to you if

You intend to engage in an activity that is subject to prohibitions resulting from species protection.

As a rule, this will involve any manipulation of specially protected species, including manipulation of their developmental stages and already dead individuals and their parts, and interventions in the habitats of these species.

When to use this service

This is a prior consent, which must be requested at least 60 days in advance (ideally 90 days) before the planned implementation.

Vyřízení služby - elektronicky

What you need if you are using this service

You must submit to the Nature Conservation Authority an application containing the general requirements laid down in the Code of Administrative Procedure.

You will also submit project documentation of the project, which you submit as part of the permit-granting procedure under other legislation, or other similar documentation that will make it possible to assess the subject matter of the application. That documentation shall include, in particular:

a) information on the exact location and scope of the project, the investor and the person who prepared the project documentation of the project,

b) a detailed description of the technical and technological solution, consisting in particular in a description of the character of the project, justification of the location of the project in terms of the interests protected by this Act, including an overview of the options considered and the main reasons for their selection or rejection, from the point of view of nature and landscape protection,

c) information on the date of commencement of the implementation of the project and its completion, the duration of operation and the date of possible liquidation of the project,

d) information on inputs and outputs and the resulting expected effects of the project on the surrounding nature and landscape at the time of implementation, operation and eventual liquidation of the project,

e) an opinion of the nature protection authority on the significance of the effects of concepts and projects on European significant sites or bird areas or an assessment of the effects of a project on the subject of protection or the integrity of a European important site or bird area, unless it is a direct request for such an opinion, and an assessment of the effects of the planned intervention under Parts Two, Three and Five of the Nature and Landscape Protection Act, if required under this Act;

These are concepts or projects which, alone or in combination with others, may significantly affect the subject-matter of protection or the integrity of a site of European importance or a bird area, or interventions in the context of the construction or other use of the landscape, which may have a serious negative impact on caves, paleontological findings, landscape character, significant landscape feature, special protection areas, memorable trees, specially protected species of flora and fauna or on specially protected minerals.

f) technical drawings and map documentation.

In addition, you will provide the following details of the project in the application, if they are not already part of the project documentation:

a) the characteristics of the state of nature and landscape in the area concerned which are likely to be significantly affected by the project, in particular the structure and character of the landscape, its geomorphology and hydrology, ecosystems and their components, habitats of species, parts of the territory and species protected under the Nature and Landscape Conservation Act, in particular significant landscape features, territorial systems of ecological stability of the landscape, special protection areas, protection zones of special protection areas, natural parks, sites of European importance, bird areas, birds or specially protected species of flora and fauna;

b) the characteristics of possible effects and an estimate of their significance in terms of probability, duration, frequency and reversibility;

c) a proposal for measures to prevent, eliminate and reduce any significant adverse effects on nature and a description of the compensations, if possible with regard to the project;

d) enumeration and detailed explanation of the reasons for granting consent or permission for exemption in the case of an activity prohibited under the Nature and Landscape Protection Act, in accordance with this Act.

If you request a joint decision, you will also attach a single environmental opinion, if it is part of a project impact assessment under the Environmental Impact Assessment Act.

The application does not have a prescribed form, so it is written in free form.

Where and how to solve this service

You can send a request for derogation from the prohibitions for specially protected plant or animal species via the data box to the locally competent nature protection authority in whose territorial area you intend to implement the project. If the project is not located in any of the specially protected areas listed below, this authority is the regional authority. Contacts for individual regional authorities can be found on the Public Administration Portal.

This does not apply if it is located in one of the following territories:

National parks and their protection zones - here you apply to the National Park Administration:

  • here is the contact to the National Park Administration Czech Switzerland
  • here is the contact to the Administration of the Krkonoše National Park
  • here is the contact to the Podyjí National Park Administration
  • here is the contact to the Šumava National Park Administration

Protected landscape areas - here you submit your application to the Nature Conservation Agency of the Czech Republic, or to its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

National natural monuments, national nature reserves and their protection zones - here you apply to the Nature Conservation Agency of the Czech Republic, or to its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

Nature reserves and natural monuments and their protection zones (outside the Protected Landscape Area – PLA) – here you submit your application to the Regional Authority. Contacts for individual regional authorities can be found on the Public Administration Portal.

Nature reserves and natural monuments and their protection zones (in the Protected Landscape Area – PLA) – here you submit your application to the Nature Conservation Agency of the Czech Republic, or to its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

Military uyezds – here you apply to the uyezd office:

  • here is the contact to the Újezdní úřad Boletice
  • here is the contact to the Újezdní úřad Březina
  • here is the contact to Újezdní úřad Hradiště
  • here is the contact to Újezdní úřad Libavá

How much will you pay

None

Vyřízení služby - osobně

What you need if you are using this service

You must submit to the Nature Conservation Authority an application containing the general requirements laid down in the Code of Administrative Procedure.

You will also submit project documentation of the project, which you submit as part of the permit-granting procedure under other legislation, or other similar documentation that will make it possible to assess the subject matter of the application. That documentation shall include, in particular:

a) information on the exact location and scope of the project, the investor and the person who prepared the project documentation of the project,

b) a detailed description of the technical and technological solution, consisting in particular in a description of the character of the project, justification of the location of the project in terms of the interests protected by this Act, including an overview of the options considered and the main reasons for their selection or rejection, from the point of view of nature and landscape protection,

c) information on the date of commencement of the implementation of the project and its completion, the duration of operation and the date of possible liquidation of the project,

d) information on inputs and outputs and the resulting expected effects of the project on the surrounding nature and landscape at the time of implementation, operation and eventual liquidation of the project,

e) an opinion of the nature protection authority on the significance of the effects of concepts and projects on European significant sites or bird areas or an assessment of the effects of a project on the subject of protection or the integrity of a European important site or bird area, unless it is a direct request for such an opinion, and an assessment of the effects of the planned intervention under Parts Two, Three and Five of the Nature and Landscape Protection Act, if required under this Act;

These are concepts or projects which, alone or in combination with others, may significantly affect the subject-matter of protection or the integrity of a site of European importance or a bird area, or interventions in the context of the construction or other use of the landscape, which may have a serious negative impact on caves, paleontological findings, landscape character, significant landscape feature, special protection areas, memorable trees, specially protected species of flora and fauna or on specially protected minerals.

f) technical drawings and map documentation.

In addition, you will provide the following details of the project in the application, if they are not already part of the project documentation:

a) the characteristics of the state of nature and landscape in the area concerned which are likely to be significantly affected by the project, in particular the structure and character of the landscape, its geomorphology and hydrology, ecosystems and their components, habitats of species, parts of the territory and species protected under the Nature and Landscape Conservation Act, in particular significant landscape features, territorial systems of ecological stability of the landscape, special protection areas, protection zones of special protection areas, natural parks, sites of European importance, bird areas, birds or specially protected species of flora and fauna;

b) the characteristics of possible effects and an estimate of their significance in terms of probability, duration, frequency and reversibility;

c) a proposal for measures to prevent, eliminate and reduce any significant adverse effects on nature and a description of the compensations, if possible with regard to the project;

d) enumeration and detailed explanation of the reasons for granting consent or permission for exemption in the case of an activity prohibited under the Nature and Landscape Protection Act, in accordance with this Act.

If you request a joint decision, you will also attach a single environmental opinion, if it is part of a project impact assessment under the Environmental Impact Assessment Act.

The application does not have a prescribed form, so it is written in free form.

Where and how to solve this service

You can submit an application for exemption from the prohibitions for specially protected species of plants or animals in person or send it by post to the locally competent nature protection authority in whose territorial area you intend to carry out the project. If the project is not located in any of the specially protected areas listed below, this authority is the regional authority. Contacts for individual regional authorities can be found on the Public Administration Portal.

This does not apply if it is located in one of the following territories:

National parks and their protection zones - here you apply to the National Park Administration:

  • here is the contact to the National Park Administration Czech Switzerland
  • here is the contact to the Administration of the Krkonoše National Park
  • here is the contact to the Podyjí National Park Administration
  • here is the contact to the Šumava National Park Administration

Protected landscape areas - here you submit your application to the Nature Conservation Agency of the Czech Republic, or to its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

National natural monuments, national nature reserves and their protection zones - here you apply to the Nature Conservation Agency of the Czech Republic, or to its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

Nature reserves and natural monuments and their protection zones (outside the Protected Landscape Area – PLA) – here you submit your application to the Regional Authority. Contacts for individual regional authorities can be found on the Public Administration Portal.

Nature reserves and natural monuments and their protection zones (in the Protected Landscape Area – PLA) – here you submit your application to the Nature Conservation Agency of the Czech Republic, or to its regional office. This interactive map displays the contacts of the relevant regional workplace by clicking on the affected part of the territory.

Military uyezds – here you apply to the uyezd office:

  • here is the contact to the Újezdní úřad Boletice
  • here is the contact to the Újezdní úřad Březina
  • here is the contact to Újezdní úřad Hradiště
  • here is the contact to Újezdní úřad Libavá

How much will you pay

None

Additional information

What is the benefit of this service

 The protection of specially protected plant and animal species is important from a wide range of perspectives, such as:

  1. Biodiversity maintenance: Biodiversity is like the balance of nature, where all species in the world work together to keep the population in balance and protect our planet's ecosystems.

  2. Environmental health indicators: Endangered species can also serve as indicators of environmental health. When populations decline, it can signal underlying issues such as habitat destruction, pollution, or climate change.

  3. Fighting climate change: Climate change is closely linked to biodiversity loss. Therefore, the protection - and restoration - of biodiversity ecosystems is essential in the fight against climate change.

  4. Economic impacts: Protecting endangered species can also have economic impacts, for example through ecotourism.

  5. Health benefits: Some endangered species can provide valuable resources for human populations, including potential therapeutic discoveries.

  6. Ethical and Emotional Reasons: There is also a moral responsibility to protect endangered species.

  7. Education and awareness: Conservation of endangered species can also contribute to scientific research and education.

  8. Technological innovation: Protecting endangered species can lead to technological innovations in nature conservation.

  9. Legal and policy frameworks: The protection of endangered species is often supported by legal and policy framework documents.

Thus, the protection of specially protected species of flora and fauna under the Nature and Landscape Protection Act has many benefits for society, and the carrying out of activities covered by the prohibitions resulting from species protection can therefore be permitted in very exceptional cases.

Appeal options

If you do not agree with the nature protection authority's decision on your application, you can appeal against the decision issued therein to a superior administrative authority through the nature protection authority that issued the decision.

Sanctions

Interference with the natural development of specially protected plant species without or in contravention of a valid exception risks:

  • a natural person penalties of up to CZK 10,000,
  • legal and entrepreneurial natural person up to CZK 1 million.

Destruction of a specially protected plant of a critically or strongly endangered species or causing its death by interfering with its environment risks:

  • a natural person penalties of up to CZK 100,000,
  • legal and entrepreneurial natural person up to CZK 2 million.

Interference with the natural development of specially protected animal species, their injury, behaviour without valid exception or in violation of it threatens:

  • a natural person penalties of up to CZK 10,000,
  • legal and entrepreneurial natural person up to CZK 1 million.

The direct killing of a specially protected animal classified as directly endangered or causing its death by tampering with their environment or catching specially protected animals is at risk of:

  • a natural person penalties of up to CZK 20,000,
  • legal and entrepreneurial natural person up to CZK 2 million.

The direct killing of a specially protected animal classified as critically or strongly endangered directly or causing its death by tampering with their environment or catching specially protected animals is at risk of:

  • a natural person penalties of up to CZK 100,000,
  • legal and entrepreneurial natural person up to CZK 2 million.

Frequently asked questions

Where can I find out if there are specially protected species of plants and animals in the site where I intend to carry out the intervention, for which I will need an exemption?

In the Nature Conservation Finding Database, you can obtain approximate information on whether findings of specially protected species of plants and animals have been made in the site.

However, the database is not, nor can it be, a complete list of sites where specially protected species occur.

In case you believe that special protected species may be present on the site, you can contact the nature protection authority responsible for granting the species exemption and request prior information on the obligations within the target site.