[Darksky]LP prevention is inside the Czech law at last (fwd)

[Jan Hollan]

---------- Forwarded message ----------
Date: Wed, 27 Feb 2002 22:45:22 +0100 (CET)
From: Jan Hollan <jhollanAamper....muni.cz>
To: magnitude6Ayahoogroups...
Cc: DarkSky-listAyahoogroups..., OutdoorLighting-ForumAyahoogroups...
Subject: LP prevention is inside the Czech law at last

Below are the light-pollution relevant parts of the new Czech law 
on Protection of the Atmosphere (a ``clean air act'') 
as signed Wednesday, February 27 by the Czech president Vaclav Havel 
and as should be valid since June 1, 2002.

The same law contains another very important novelty as well, 
namely the protection of the Earth climate. Directly by the law, 
emissions of methane from non-agricultural activities are charged 
(by a rather symbolic price of CZK 1 -- some 3 cents -- per 1 kg, 
but still). 

Concrete measures in both light pollution and greenhouse emissions 
prevention are up to future implementing regulations.
 
For the light pollution, the present draft for the government
 (to be advocated against that part of lighting industry
 which started in January a broad campaign against the law, namely 
 Jaroslav Kotek from the Prague-based company Eltodo,
 http://www.eltodo.cz/english )
follows closely the Lombardy law. 
The 0cd/klm (i.e., FS, Fully Shielded as defined inside
http://www.nofs.navy.mil/about_NOFS/staff/cbl/LC_Handbook_v11.html )
rule is a key part of it. Fabio suggested a 1 cd/m2 rule as another 
limit, concerning maximum road luminance (mean one at the worst time?), 
however I'd need a precedent for that to be able to advocate it. 

The law itself and the drafts of the implementing regulations 
are available just in Czech at the moment, e.g. at a Czech page 
 http://svetlo.astro.cz/zakon

(My English is not adequate to translate laws, but perhaps the sense
is apparent:)
                  ---------------------

   Head I
   General provisions

   § 1
   Subject of regulation

    1. This law provides
   ...
    d. measures for reduction of the light pollution of the air.
   ...

   § 2
   Principal concepts

    1. For the purpose of this law in the domain of protection of the air
       it is understood by   
   ...
    r. light pollution every form of illumination by artificial light
       which is dispersed outside the areas it is dedicated to,
       particularly, if directed above the level of the horizon.
   ...

   § 3
   Obligations of legal and natural persons

    1. Everybody is obliged to curtail and prevent pollution of the air
       and to reduce the amount of polluting substances emitted by him 
       and assessed by this law and implementing legal regulations.
   ...
   10. During activities in places and areas set by the implementing
       regulation, everybody is obliged to obey the dispositions of the
       municipality and, in accord with that, take measures to prevent the
       occurrence of light pollution of the air. 
   ...
   12. The implementing regulation sets places and areas, 
       where no occurrence of light pollution is allowed, 
       activities, which are subject to the obligation according to item 10, 
       measures to lower or prevent the occurrence of light pollution 
       and values of the upper limit of light pollution. 
   ...

   Head II
   Protection of the air
   ...

   § 40
   ...
    10. Fine from CZK 500 to 150 000 is set by municipality upon a person,
       which violates at least one of the obligations imposed according to
       § 3 item 5 or 10.
   ...
   § 50
   Municipalities

    1. Municipality (...) 

   ...
    k. issues a regulation, by which it can, on its territory,
       constitute a measure according to § 3 item 10 to lower or prevent 
       the occurrence of light pollution of the air.

    2. Municipality (...) checks
   ...
    d. keeping of the obligations according to § 3 item 5
       and 10 and sets a fine upon persons which violate them


   § 55

   Authorisation to issue the implementing legal regulations

    1. The government shall issue a regulation to implement the 
       § 3 item 12, 
       § 4 item 12, § item 12, § 6 item 9 and § 7 item 11.
    ...

                  ---------------------

The ``level of horizon'' formula inside the definition 
is perhaps not the best possible expression 
(``line of horizon'', like in Lombardy law, 
or just ``horizon'' would seem better to me), but it suffices of course.

The perhaps mysterious formula 
 ``places and areas, where no occurrence of light pollution is allowed''
might concern true-night-reserves only (like nature areas without
dwellings) but in fact, the definition taken from the Article 6 of the
Lombardy law complies with it as well:
 ``systems, constituted by lighting apparatuses, having the
   maximum light intensity of 0 cd per 1000 lumen to 90° and beyond are
   considered as not light polluting...''

That's it for now. 
Long live Czech MPs and Vaclav Havel. 

jenik hollan