| 1. These instructions lay down in detail
the procedure for assessing a damage caused by a protected animal
(hereinafter referred to as: the predator) and especially the steps
to be taken by the injured party, investigation conduct and steps
to be taken by a professional conducting the investigation (hereinafter
referred to as: the expert).
2. The damage caused by a predator shall be notified by the injured
party within 2 days after the damage has become known and not later
than 4 days after the occurrence of the damage event. The damage
shall be notified to an expert authorized for conducting investigations
in the area of the county in which the damage was caused or to
a competent county body responsible for physical planning, environmental
protection and nature conservation (hereinafter referred to as:
the competent county body). If the injured party notified the damage
to the competent county body rather than to the chartered expert,
this county body is bound to submit the notice of claim to the
expert authorized for conducting investigations within two days
upon the receipt of the notice. 3. In the notice of claim for damages the injured party shall
describe the damage suffered, specify the time and the site of
damage and the animal for which he believes to have caused the
damage, and provide data about persons who were present at the
moment of damage or were at the very site of damage after the damage
event. 4. The injured party shall take measures for the protection of
traces to be found in the site of damage. The injured party shall
not take any actions that might destroy traces in the site of damage. 5. Identification of the facts in relation to the damage event,
causes, time, occurrence and the party liable for the damage shall
be carried out by the expert authorized for such activities by
the Ministry of Environmental Protection and Physical Planning
(hereinafter referred to as: the Ministry). The Ministry shall submit data about experts responsible for conducting
investigations in the process of assessing the damage caused by
protected animals (predators) in their respective area to all counties
and other self-government units in their region. 6. The expert conducting an investigation must carry out the procedure,
take measures and identify facts specified by these Instructions,
including such other facts that would make it possible by the rules
of profession to identify credibly the party liable for the damage
(predator), time of the damage occurrence, circumstances under
which the damage occurred and the damage description and value. The expert must conduct the investigation within 2 days upon the
submission of the notice of claim by the injured party or the competent
county body, but not later than 4 days after the submission of
the notice of claim. Should the time limit under item 2, paragraph 1 of these Instructions
be exceeded by a failure or negligence by the injured party, no
investigation of the notified damage event will be conducted and
the injured party will lose the right to fix the compensation for
damage by agreement. 7. The expert conducting an investigation on the site of the damage
event shall draw up a protocol about his findings and specify all
relevant observations of the site of damage, especially the data
about the injured party, the description of the area in which the
damage was caused, the description of damage and traces found,
and the opinion about the party liable for the damage (predator)
and the proposed amount of damage. As regards the area in which the damage was caused it is to specify: 1. the place, municipality, town and county,
2. wider and closer site,
3. vegetation coverage: forest, meadow, thicket, arable land, etc.
4. height above sea-level at which the damage was caused and
5. distance from a settlement, facility, road or any other similar
facility. As regards the occurrence of damage and traces it is to specify: 1. the type and number of killed and/or injured domestic animals
found, including the judgment whether the animals hurt will survive;
2. traces on the victim (for each separately), especially the place
of bite if the animal was killed, the spacing of bite-marks of
the canines (in mm), traces of paws on the skin and sub-skin, description
of individual parts and their position, estimated time when the
damage occurred, traces and changes caused by other animals after
the victim died;
3. traces of the party liable for damage (predator), including
footprints (description and size), finds of excrements, hairs or
feathers. 8. The expert's finding and opinion shall be accompanied by photographic
documents (of the environment, victim, details of the place of
bite, etc.), a drawing of the ground with identification of the
victims and their mutual distance and a drawing of the victim's
or victims' body with the indication of the place of bite and eating. 9. The expert shall deliver the opinion on whether the injured
party or rather the owner of domestic animals killed or injured
took care of the animals in accordance with the due practices and
took appropriate and common protection measures (shepherd, fence,
dogs, guards, place for overnight stay, poultry houses, etc.). In mountainous and other isolated areas where wolves may be expected
or appear frequently, domestic animals must be closed in barns
or penned in for the night, and during the day when grazing they
are to be attended by a guard (shepherd). 10. The Republic of Croatia will be held responsible for the damage
caused by a protected animal under the condition that the injured
party has taken all determined or common measures for the protection
of damage caused by protected animals (predators), which the injured
party is bound to take in terms of the law and these Instructions. On the basis of facts indicated in the expert's records and the
insight into the notice of claim submitted by the injured party,
the Ministry shall propose the amount of damage and notify correspondingly
the injured party. Should the injured party accept the amount of the damage compensation
offered, an agreement on the compensation of damage will be signed
and the amount of the compensation for damage agreed will be paid
to the injured party within 30 days upon the date of signing the
agreement. The injured party which is not satisfied with the amount of the
damage recognized has the right to lodge an objection to the Minister
within 15 days upon the submission of the notification in writing
of the amount of the damage recognized. The objection shall be considered a repeated initiative to negotiate
about the amount of the compensation for damage. The approval or rejection of the notice of claim will be communicated
to the injured party by a notification in writing.
If no agreement on the amount of damage is reached with the injured
party, the injured party will be referred to the judicial procedure.
11. The expert shall draw up a protocol about the investigation
conducted according to the form which is a constituent part of
these Instructions and submit the same to the Ministry of Environmental
Protection and Physical Planning, Department for Administrative
and Legal Affairs, Ulica Republike Austrije 20, 10000 Zagreb.
(From 01 January 2004, these forms are sent to the Ministry of Culture, Runjaninova 2, Zagreb)
12. The expert who conducted the investigation is entitled to
remuneration. The remuneration under paragraph 1 of this article shall be paid
by the Ministry according to criteria determined by the Minister. The Ministry shall sign a contract with experts in order to lay
down their mutual rights and obligations. The experts are bound to fulfil obligations assumed by the contract
and to follow the instructions for investigation procedure and
expert evaluation as stated in these Instructions. 13. Should one and the same predator repeatedly cause considerable
damage or endanger human life and health, the Minister may pass
a document ordering that such an animal should be killed. The document under paragraph 1 of this article shall be passed
by the Minister on the basis of an expert opinion of the competent
internal structural unit of the Ministry (Nature Conservation Division),
considering the amount of the damage caused and the level of danger. The competent internal structural unit is bound to obtain previously
the opinion of the competent scientific institutions and inform
the Minister correspondingly. The procedure under paragraphs 1 and 2 of this article may also
be carried out in case of a larger number of predators. 14. For the purpose of applying these Instructions for Assessment
of the Amount of Damage Compensation the compensation rates are
adopted and form a constituent part of these Instructions. 15. These Instructions shall be applied as of the date of issuance. back to the top
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