Provisional Measure No. 1,956-53, Of 23 August 2000

Original Language Title: Medida Provisória nº 1.956-53, de 23 de Agosto de 2000

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Provisional measure no. 1,956-53, of 22 August 2000.
Changes the arts. 1, 4, 14, 16 and 44, and moreover devices to law No. 4771, of 15 September 1965, establishing the forest code, as well as changes the art. 10 of law No. 9393, of 19 December 1996, which provides for on the Territorial Rural Property tax-QI, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62, and in view of the provisions of art. 225, § 4, of the Constitution, adopts the following provisional measure, with force of law.
Art. 1st The arts. 1, 4, 14, 16 and 44, of law No. 4771, of 15 September 1965, with the following essays:? Art. 1..................................................................................................................................... (1) the actions or omissions contrary to the provisions of this code in the use and exploitation of forests and other forms of vegetation are considered harmful use of the property, applying to the case, the summary procedure provided for in art. 275, item II, of the code of Civil procedure.
(2) for the purposes of this code, the following definitions shall apply: (I)-Small rural or rural possession property: family that exploited by the personal work of the owner or squatter and his family accepted the help of any third party and whose gross income is coming from, at least, in 80%, agroforestry or extractive activity, which does not exceed: the 150 hectares situated in the) States of Acre , Pará, Amazonas, Roraima, Rondônia and Mato Grosso, Amapá and regions located to the North of the parallel 13° S, in the States of Tocantins and Goiás, and West of the meridian of 44° W, the State of Maranhão in the Northeast or in the Pantanal or South-mato-grossense;
b) 50 hectares, located in the polygon of droughts or the East of the meridian of 44° W, in the State of Maranhão; and c) thirty acres, located in any other region of the country.
II-permanent preservation area: protected area pursuant to arts. 2 and 3 of this Act, whether or not covered by native vegetation, with the environmental function of preserving water resources, landscape, geological stability, biodiversity, the genius of fauna and flora, protect the soil and ensure the well-being of human populations;
III. Legal Reserve: area located within a rural ownership or possession, except the permanent preservation, necessary for the sustainable use of natural resources, the conservation and rehabilitation of ecological processes, conservation of biodiversity and to shelter and protection of native flora and fauna;
IV-Public Utility: a) the activities of national security and health protection;
b) essential works of infrastructure for public transport, sanitation and power; and (c)) other works, plans, projects or activities provided for by resolution of the National Council of environment – CONAMA;
V-social Interest: the indispensable protection activities) of native vegetation, such as: prevention, combat and fire control, erosion control, eradication of invasouras and protection of native species plantations as CONAMA resolution;
b) sustainable agroforestry management activities practiced in the small rural family ownership or possession, that doesn't not in character with the vegetal cover and not to affect the environmental function area; and (c)) other works, plans, projects or activities defined in CONAMA resolution;
I saw Amazon: the States of Acre, para, Amazon, Roraima, Rondonia, Amapa and Mato Grosso and the regions located to the North of the parallel 13° S, in the States of Tocantins and Goiás, and West of the meridian of 44° W, in the State of Maranhão in the Northeast region? (NR)
? Art. 4 the removal of vegetation in permanent preservation area may only be allowed in case of public utility or social interest, duly characterized and motivated in administrative procedure itself, when not exist an alternative technique and the proposed Enterprise locational.
(1) the removal of the caput of this article depends on the authorization of the competent State environmental agency, with prior consent, when fit, federal or municipal authority of environment, except for the provisions of paragraph 2 of this article.
(2) the removal of vegetation in permanent preservation area situated in the urban area, will depend on authorization from the competent environmental agency, provided that the municipality has environmental Council with deliberative character and strategic plan, subject to prior consent of the competent State environmental agency based on technical advice.
paragraph 3 the competent environmental agency may authorise the eventual suppression and low environmental impact, thus defined in regulation, the vegetation in permanent preservation area.
paragraph 4 the competent environmental agency will indicate, before issuing the authorization for the removal of vegetation in permanent preservation area, mitigating and compensatory measures that should be adopted by the entrepreneur.
§ 5 the removal of native vegetation, springs or protective dunes and mangroves, dealing with, respectively, paragraphs? c? and? f? of the art. 2 of this code, may only be allowed in case of public utility.
paragraph 6 in deploying artificial reservoir is the expropriation or compulsory acquisition, by entrepreneur, permanent preservation areas created in its surroundings, whose parameters and use will be defined by CONAMA resolution.
paragraph 7 is allowed the access of people and animals to permanent preservation areas, to obtain water, since that doesn't require deletion and not compromise the regeneration and the long-term maintenance of native vegetation? (NR)
? Art. 14.................................................................................................................................... b) prohibit or limit the cutting of rare plant species, endemic, endangered or threatened with extinction, as well as the species necessary for the livelihood of extractive populations, delimiting the areas included in the Act, making depend on prior license, in these areas, cutting other species;
.................................................................................................................................................? (NR)
? Art. 16. The forests and other forms of native vegetation, except those in permanent preservation area, as well as those not subject to the regime of limited use or object of specific legislation, are susceptible to suppression, provided they are retained, the title of legal reserve, at least: I-80%, on the country estate located in forest area located in Legal Amazon;
II-35%, on the country estate located in cerrado area located in Legal Amazon, being at least 20% on property and 15% in the form of compensation in another area, as long as it is located in the same watershed, and be registered pursuant to paragraph 7 of this article;
III-20%, on the country estate located in an area of forest or other forms of native vegetation located in the other regions of the country; and IV-20%, on rural property in the area of General fields located in any region of the country.
(1) the percentage of legal reserve on the property located in an area of forest and Savannah will be defined considering separately the indexes contained in sections I and II of this article.
(2) the legal reserve vegetation cannot be deleted and can only be used under sustainable forest management, according to technical and scientific principles and criteria laid down in the regulation, except where the events contemplated in paragraph 3 of this article, without prejudice to the other specific legislation.
(3) To comply with the maintenance or compensation of legal reserve area in small rural family ownership or possession may be computed plantings of ornamental fruit trees or industrial compounds by exotic species, cultivated in interim system or in consortium with native species.
§ 4 the location of the legal reserve must be approved by the State environmental agency has jurisdiction or, by agreement, by the municipal environmental agency or other institution duly empowered and should be considered in the approval process, the social function of property, and the following criteria and instruments, if any: I-the watershed plan;
II-the municipal master plan;
III-the ecologic-economic zoning;
IV-other categories of environmental zoning; and V-the proximity of other Legal reserve, Permanent preservation area, conservation area or other legally protected area.
§ 5 the Executive power, if indicated by the ecological economic zoning-ZEE and the agricultural zoning, ears the CONAMA, the Ministry of environment and the Ministry of agriculture and supply, you will be able: I-reduce for recomposition, the legal reserve, in Legal Amazon, for up to 50% of property, excluded, in any case, the Permanent preservation areas, the ecotones , the sites and ecosystems especially protected places of significant biodiversity and ecological corridors; and II-extending the legal reserve areas, up to 50% of the contents provided in this code, throughout the national territory.

paragraph 6 will be admitted by the competent environmental agency, the statement of areas relating to the existing native vegetation in permanent preservation area in the calculation of the percentage of legal reserve, since that doesn't involve in conversion of new areas for the alternative use of the soil, and when the sum of the native vegetation in area of permanent preservation and legal reserve exceeds the: I-80% rural property located in Legal Amazon;
II-50% rural property located in other regions of the country; and III-25% of small property defined by the points (a)? b? and? c? of item (I) of paragraph 2 of art. 1.
§ 7 the system of use of permanent preservation area does not change in the event provided for in the first subparagraph.
§ 8 the area of legal reserve must be registered at the margin of the registration of the property registration in the registry of immovable property, being prohibited to change your destination, in cases of transmission, any title of dismemberment or rectification of the area, with the exceptions provided for in this code.
§ 9 the registration of legal reserve of the small rural family ownership or possession is free, with the Government providing legal and technical support when needed.
§ 10. In possession, the legal reserve is ensured by conduct adjustment Term signed by the owner with the competent State or federal environmental agency, with the title executive force and containing, at a minimum, the location of the legal reserve, their ecological characteristics and the prohibition on the removal of vegetation, applying, what fits, the same provisions in this code to the country estate.
§ 11. Legal reserve may be established on a condominium between more than one property, respected the legal percentage for each property, subject to the approval of the competent State environmental agency and the appropriate authorizations for all the real estate involved? (NR)
? Art. 44. The owner or possessor of rural property with an area of native forest, primitive natural or regenerated or other form of native vegetation in lower extension to set out in subparagraphs I, II, III and IV of the art. 16, except as provided in its § § 5 and 6, must adopt the following alternatives, isolated or in combination: I-recompose the legal reserve of your property by planting, every three years, at least 1/10 of the total area required for its completion, with native species, in accordance with criteria established by the State environmental agency;
II-conduct the natural regeneration of the legal reserve; and III-compensate for the legal reserve for another area in ecological importance and extent, since belonging to the same ecosystem and is located in the same watershed, according to criteria set out in regulation.
§1 The re-composition of the subsection (I), the competent State environmental agency should support technically the small rural family ownership or possession.
§ 2 the re-composition of the item I can be carried out by the temporary planting of exotic species as pioneers, aiming at the restoration of the original ecosystem, according to General technical criteria established by CONAMA.
§ 3 the regeneration of item II shall be authorised by the competent State environmental agency, when viability is proven by technical report, and may be required to isolate the area.
§ 4 the impossibility for compensation of legal reserve within the same river basin, the State environmental agency has jurisdiction to apply the criterion of greater proximity between the property devoid of legal reserve and the area chosen for compensation, since in the same water catchment area and in the same State, answered, when there is, its Watershed plan, and comply with the other conditions laid down in paragraph III.
§ 5 compensation contemplated in paragraph III of this article, shall be subject to approval by the State environmental agency has jurisdiction, and can be implemented through the lease of the area under forest or legal reserve servitude, or acquisition of shares contemplated in art. 44-B.
§ 6 the landowner may be desonerado for a period of 30 years, of the obligations laid down in this article, by donation, the competent environmental agency area located within National or State Park, national forest, extractive reserve, Biological or Ecological Station pending agrarian regularization, respected the criteria laid down in paragraph III of this article? (NR)
Art. 2nd Stay plus the following devices to law No. 4771, of 15 September 1965:? Art. 3A. The exploitation of forest resources in indigenous lands may only be carried out by indigenous communities in sustainable forest management regime to meet their subsistence, the arts. 2 and 3 of this code? (NR)
? Art. 37 it is not allowed the conversion of forests or other form of native vegetation for alternative use of the ground in rural property that has deforested area, when it is found that the area is abandoned, subtilizada or used inappropriately, according to the vocation and support capacity of the soil.
§ 1 the term abandoned area, subtilizada or used inappropriately, that do not effectively used, pursuant to § 3 of art. 6, of law No. 8629, of 25 February 1993, or that do not answer to the contents provided for in art. 6 of the Act, except the areas of fallow land in the small rural family ownership or possession or traditional population.
(2) the standards and mechanisms for the verification of the need for conversion will be set out in regulation, considering, among other relevant data, the performance of the property in the last three years, determined in the annual declarations of the Territorial Rural Property tax-ITR.
§ 3 the regulation contemplated in the preceding paragraph shall establish simplified procedures: I-for the small country estate; and II-for the other properties that come hitting the parameters of productivity of the area and do not have restrictions to the environmental agencies.
§ 4 in the areas liable to alternative use of the soil, the removal of vegetation that is home to endangered species, will depend on the adoption of mitigating and compensatory measures to ensure the conservation of the species.
§ 5 If the measures necessary for the conservation of the species impossibilitarem the adequate economic exploitation of the property, it will be observed the provisions? b? of the art. 14. paragraph 6, shall be prohibited in the area with primary or secondary forest cover in advanced stage of regeneration, the implementation of projects of human settlement or colonization of land reform, except the agro-extrativista settlement projects, the specific legislation? (NR)
? Art. 44. the landowner may establish forest servitude; whereby voluntarily waives, in permanent or temporary character, the suppression or exploitation rights of native vegetation, located out of legal reserve and permanent preservation area with vegetation.
(1) the limitation to the use of the vegetation of the area under forest easement must be at least the same established for the Legal reserve.
§ 2 the easement must be mentioned forest outside the entry of registration of property in the real estate registry, after the consent of the competent State environmental agency, being prohibited, during the period of its validity, the change of the destination area, in the cases of transmission in any capacity of dismemberment or rectification of the boundary of the property.? (NR)
? Art. 44-b. Is established the quota of forest reserve-CRF, title representative of native vegetation under serfdom, of Reserva Particular do Patrimônio Natural or legal reserve constituted voluntarily on vegetation which exceed the percentages laid down in art. 16 of this code.
Sole paragraph. The regulations of this code will have on the characteristics, nature and validity of the title of this article, as well as the mechanisms to ensure your customer the existence and conservation of vegetation title object? (NR)
? Art. 44. The owner or possessor who, from the duration of the provisional measure no. 1,736-31, of 14 December 1998, deleted all or part of forests or other forms of native vegetation, situated in the interior of your property or possession, without the necessary authorizations required by law, cannot make use of the benefits referred to in item III of art. 44.? (NR)
Art. 3rd art. 10 of law No. 9393, of 19 December 1996 shall take effect as follows:? Art. 10 ....................................................................................................................................
§ 1º .........................................................................................................................................
I - ............................................................................................................................................
II - ...........................................................................................................................................
a) ............................................................................................................................................
b) ............................................................................................................................................

c) .............................................................................................................................................
d) as áreas sob regime de servidão florestal.
........................................................................................................................................................... § 7 the declaration order for exemption from the ITR on the areas what are points? and? d? of item II, paragraph 1, of this article, shall not be subject to prior verification by the declarant, getting the same liable for payment of the corresponding tax, with interest and fines provided for in this law, in case you get proven that your statement is not true, without prejudice to any other penalties? (NR)
Art. 4 Are convalidados the acts performed on the basis of provisional measure no. 1,956-52, of 26 July 2000.
Art. 5 This provisional measure shall enter into force on the date of its publication.
Brasília, 23 August 2000; 179 of independence and 112 of the Republic.
Fernando Henrique Cardoso Marcus Vinicius Pratini de Moraes José Sarney Filho

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