Key Benefits:
PROVISIONAL MEASURE NO. 2.080-59, OF January 25, 2001
Altera the arts. 1º, 4º, 14, 16 and 44, and add devices to Law No. 4,771 of September 15, 1965 establishing the Forest Code, as well as amends the art. 10 of Law No. 9,393 of December 19, 1996, which provides on the Rural Territorial Property Tax-ITR, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 62, and with a view to the provisions of the art. 225, § 4º, of the Constitution, adopts the following Provisional Measure, with force of law:
Art. 1º The arts. 1º, 4º, 14, 16 and 44, of Law No. 4,771, of September 15, 1965, go on to invigorate with the Following redactions:
" Art. 1º .....................................................................
§ 1º The actions or omissions contrary to the provisions of this Code in the use and exploitation of forests and too many forms of vegetation are considered harmful use of the property, applying, for the case, the summary procedure provided for in the art. 275, inciso II, of the Code of Civil Procedure.
§ 2º For the purposes of this Code, you are understood to be:
I? small rural property or family rural possession: that exploited upon the personal work of the owner or poster and his family, admitted to the eventual aid of third party and whose gross income is from the minimum in eighty per cent, of agroforestry activity or extractivism, whose area does not surpass:
a) one hundred and fifty hectares if located in the States of the Acre, Pará, Amazonas, Roraima, Rondônia, Amapá and Mato Grosso and in the regions located north of the parallel 13o S, of the states of Tocantins and Goiás, and to the west of the meridian of 44o W, of the State of the Maranhão or in the Pantanal mato-grossense or southern-mato-grossense;
b) fifty hectares, if located in the polygon from the droughts or to the east of the 44º W Meridian, from the State of the Maranhão; and
c) thirty hectares, if located in any other region of the Country;
II-permanent preservation area: protected area in the terms of the arts. 2º and 3º of this Act, covered or not by native vegetation, with the environmental function of preserving water resources, landscape, geological stability, biodiversity, the genic flux of fauna and flora, protect the soil and ensure the welfare of the human populations;
III-Legal Reserve: area located in the interior of a property or rural possession, excepted that of permanent preservation, necessary for the sustainable use of natural resources, conservation and rehabilitation of ecological processes, the conservation of biodiversity and the shelter and protection of native fauna and flora;
IV-public utility:
a) the activities of national security and health protection;
b) the essential works of infrastructure aimed at public transport, sanitation and energy services; and
c) too much works, plans, activities or projects envisaged in resolution of the National Council of Middle Environment-CONAMA;
V-social interest:
a) the activities that are indispensable to the protection of the integrity of native vegetation, such as: prevention, combat and control of fire, erosion control, eradication of invasions and protection of planting with native species, as per the resolution of the CONAMA;
b) the sustainable agroforestry manure activities practiced in the small property or family rural possession, which do not discharacterize the plant cover and do not harm the environmental function of the area; and
c) too much works, plans, activities or projects defined in resolution of the CONAMA;
VI-Amazonia Legal: the States of the Acre, Pará, Amazonas, Roraima, Rondônia, Amapá and Mato Grosso and the regions located north of the parallel 13o S, of the states of Tocantins and Goiás, and to the west of the meridian of 44o W, of the State of the Maranhão. " (NR)
" Art. 4º The suppression of vegetation in permanent preservation area can only be authorized in the event of a public utility or social interest, properly characterized and motivated in own administrative procedure, when it inexists technical and locational alternative to the proposed venture.
§ 1º The suppression of which treats the caput of this article will depend on the authorization of the competent state environmental body, with prior annuence, when couber, of the federal or municipal environment organ, resoundment the provisions of § 2º of this article.
§ 2º The suppression of vegetation in permanent preservation area situated in urban area, will depend on permission from the competent environmental body, provided that the municipality has its environment council with deliberative character and plan director, upon prior annuence of the competent state environmental organ grounded in advice of technical advice.
§ 3º The competent environmental body will be able to authorize the eventual and low environmental impact, thus defined in regulation, of vegetation in permanent preservation area.
§ 4º The competent environmental body shall indicate, in advance of the issuance of the permit for the suppression of vegetation in permanent preservation area, the mitigating and compensatory measures that are to be adopted by the entrepreneur.
§ 5º The suppression of native protective vegetation of springs, or of dunes and mangroves, of which they treat, respectively, the "c" and "f" of the art. 2º of this Code, it can only be authorised in the event of a public utility.
§ 6º In the implantation of artificial reservoir is mandatory the dispropriation or acquisition, by the entrepreneur, of the permanent preservation areas created in its surroundings, whose parameters and regime of use will be defined by resolution of the CONAMA.
§ 7º It is allowed the access of people and animals to permanent preservation areas, to obtain water, as long as it does not require suppression and does not compromise the regeneration and long-term maintenance of the native vegetation. " (NR)
" Art. 14. ..................................................................
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b) prohibit or limit the cutting of plant species rare, endemic, endangered or endangered species, as well as the species required for the livelihoods of the extractivist populations, delimiting the areas understood in the act, making it conditional on prior leave, in these areas, the cutting of other species;
........................................................................ " (NR)
" Art. 16. The forests and other forms of native vegetation, resurfacing those located in permanent preservation area, as well as those not subject to the limited use regime or object of specific legislation, are susceptible to suppression, provided that are kept, as a legal reserve title, at a minimum:
I-eighty percent, in rural property situated in forest area located in the Legal Amazonia;
II-thirty-five percent, on the property rural situated in cerrado area located in the Amazonia Legal, being at least twenty percent on the property and fifteen percent in the form of compensation in another area, provided it is located in the same microbasin, and is averaged in the terms of § 7º of this article;
III-twenty percent, in rural property situated in area of forest or other forms of native vegetation located in the other regions of the Country; and
IV-twenty percent, on the property rural in area of general fields located in any region of the Country.
§ 1º The percent of legal reserve in the property situated in forest area and cerrado area will be defined by considering separately the indices contained in the incisors I and II of this article.
§ 2º The vegetation of the legal reserve cannot be suppressed, and may only be used under sustainable forest manure regime in accordance with technical and scientific principles and criteria laid down in the regulation, re-salvaged the hypotheses provided for in § 3º of this article, without prejudice to the other specific legislations.
§ 3º For fulfillment of the maintenance or compensation of the legal reserve area in small property or family rural possession, the planting of ornamental or industrial fruit trees, composed of exotic species, cultivated in an interim system or in consortium with native species.
§ 4º The location of the legal reserve shall be approved by the competent state environmental body or, upon convenium, by the municipal environmental organ or other duly authorized institution, and shall be considered, in the process of approval, the social function of the property, and the following criteria and instruments, when there are:
I-the watershed plan;
II-the municipal director plan;
III-the ecological-economic zoning;
IV-other categories of environmental zoning; and
V-the proximity to another Legal Reserve, Permanent Preservation Area, conservation unit or another legally protected area.
§ 5º The Executive Power, if it is indicated by the Economic Ecological Zoning-ZEE and the Agricultural Zoning, listened to the CONAMA, the Ministry of the Environment and the Ministry of Agriculture and Supply, could:
I? reduce, for the purpose of recomposition, the legal reserve, in the Legal Amazonia, for up to fifty percent of the property, excluded, in any case, the Permanent Preservation Areas, the ecotoners, the specially protected sites and ecosystems, the places of expressive biodiversity and ecological corridors; and
II-broaden the areas of legal reserve, by up to fifty percent of the indexes provided for in this Code, throughout the national territory.
§ 6º Will be admitted, by the competent environmental body, the vomiting of the areas concerning the existing native vegetation in permanent preservation area in the calculation of the percentage of legal reserve, provided that it does not imply in conversion of new areas for the alternative use of soil, and when the sum of the native vegetation in permanent preservation area and legal reserve exceeds a:
I-eighty percent of rural property located in the Legal Amazon;
II-fifty percent of the rural property located in the remaining regions of the Country; and
III-twenty five percent of the small property defined by the "b" and "c" of the inciso I of § 2º of the art. 1º.
§ 7º The regime of use of the permanent preservation area does not change in the hypothesis provided for in the preceding paragraph.
§ 8º The legal reservation area shall be averaged to the margin of the enrolment of the immovable, in the relevant real estate register, being vetted the change of its intended, in the cases of transmission, to any title, of dismemberment or rectification of the area, with the exceptions provided for in this Code.
§ 9º The averaging of the legal reservation of the small property or family rural possession is free of charge, and the Public Power shall provide technical and legal support when necessary.
§ 10. In the possession, the legal reserve is ensured by Term of Adjustment of Conduct, signed by the possessor with the competent state or federal environmental body, with force of executive title and containing, at the very least, the location of the legal reserve, its basic ecological characteristics and the prohibition of suppression of its vegetation, applying, in what couber, the same provisions laid down in this Code for rural property.
§ 11. Legal reserve shall be established in a condominion regime between more than one property, respected the legal percentage in relation to each property, upon approval by the competent state environmental body and due aversions referring to all the real estate involved. " (NR)
" Art. 44. The owner or possessor of rural real estate with native, natural, primitive or regenerated forest area or other form of native vegetation to an extent lower than that established in the incisos I, II, III and IV of the art. 16, re-salvaged the provisions of your § § 5º and 6º, shall adopt the following alternatives, either alone or jointly:
I? recompose the legal reserve of your property by planting, every three years, from a minimum of 1/10 of the total area required to your supplementation, with native species, according to criteria established by the competent state environmental body;
II-conduct the natural regeneration of the legal reserve; and
III-compensate for the legal reserve by another equivalent area in ecological importance and extension, as long as it belongs to the same ecosystem and is located in the same microbasin, as per criteria set out in regulation.
§ 1º In the recomposition that it treats inciso I, the competent state environmental body should technically support the small property or family rural possession.
§ 2º The recomposition that it treats inciso I can be accomplished by the temporary planting of exotic species as pioneers, aiming at the restoration of the original ecosystem, according to general technical criteria established by the CONAMA.
§ 3º The regeneration of which treats inciso II will be authorised, by the competent state environmental organ, when its viability is proven by technical laureate, and the isolation of the area may be required.
§ 4º In the impossibility of clearing the legal reserve within the same micro-basin, it must the competent state environmental organ to apply the criterion of greatest possible proximity between the deprolived property of legal reserve and the area chosen for compensation, provided that in the same catchment area and in the same State, served, when there are, the respective Basin Plan, and respected the remaining conditioners established in the inciso III.
§ 5º The compensation of which treats the inciso III of this article, is to be submitted to the approval by the competent state environmental body, and can be implemented by leasing area under forest servitude or legal reserve, or acquisition of quotas of which it treats art. 44-B.
§ 6º The rural owner may be unburdened, by the period of thirty years, of the obligations laid down in this article by donation, to the competent environmental organ, of area located within the National Park or State, National Forest, Extractivist Reserve, Biological Reserve or Ecological Station pending land regularization, respected the criteria set out in the inciso III of this article. " (NR)
Art. 2º Fiction add the following devices to Law No. 4,771, of September 15, 1965:
" Art. 3º-A. The exploitation of forest resources on indigenous lands can only be accomplished by the indigenous communities in sustainable forest manhandling, to cater for their livelihoods, respected the arts. 2º and 3º of this Code. " (NR)
" Art. 37-A. Conversion of forests or other form of native vegetation to alternative use of soil in rural property is not permitted, when it is verified that the said area is abandoned, under-utilised or used from inadequate form, according to the vocation and support capacity of the soil.
§ 1º Understand by abandoned area, underutilized or used inappropriately, the one not effectively used, pursuant to § 3º, of the art. 6º of Law No. 8,629 of February 25, 1993, or which does not meet the indices set out in art. 6º of the said Act, resurred the fallow areas in the small property or family rural possession or traditional population.
§ 2º The standards and mechanisms for the proving the need for conversion will be established in regulation, considering, among other relevant data, the performance of the property in the last three years, ascertained in the annual statements of the Rural Territorial Property Tax-ITR.
§ 3º The regulation of which treats the preceding paragraph will establish simplified procedures:
I? for small rural property; and
II-for the remaining properties that come to achieve the productivity parameters of the region and that have no restrictions on the environmental bodies.
§ 4º In the passable areas of alternative use of soil, the suppression of vegetation that will open endangered species, will depend on the adoption of compensatory and mitigating measures that ensure the conservation of the species.
§ 5º If the measures necessary for the conservation of the species impart the proper economic exploitation of the property, the provisions of point (b) of the art shall be observed. 14.
§ 6º It is prohibited, in area with primary or secondary forest cover at advanced stage of regeneration, the deployment of human settlement or colonization projects to end land reform, ressalvated the agro-extrativist settlement projects, respected the specific legislations. " (NR)
" Art. 44-A. The rural owner will be able to institute forest servitude, upon which it voluntarily resigns, in permanent or temporary character, the rights of suppression or exploitation of the native vegetation, located outside the legal reserve and the area with vegetation of permanent preservation.
§ 1º The limitation to the use of the vegetation of the area under forest servitude regime shall be, at a minimum, the same as established for the Legal Reserve.
§ 2º Forest servitude should be averaged to the margin of the immovable tuition enrollment, in the competent real estate registry, after annuence of the competent state environmental body, being vetted, during the term of its effective, the alteration of the area's intended destination, in cases of transmission to any title, dismemberment or rectification of the limits of the property. " (NR)
" Art. 44-B. It is instituted the Forest Preserve Cote-CRF, representative title of native vegetation under forest servitude, Private Reserve of Natural Heritage or legal reserve instituted voluntarily on vegetation exceeding the percentage set in the art. 16 of this Code.
Single paragraph. The regulation of this Code will have on the characteristics, nature and shelf life of the title of which it treats this article, as well as the mechanisms that ensure to its acquirer the existence and conservation of the object's object vegetation. " (NR)
" Art. 44-C. The owner or possessor who, as of the duration of the Provisional Measure No. 1.736-31 of December 14, 1998, has deleted, wholly or partially forests or too many forms of native vegetation, situated within his or her property, or possession, without the due authorizations required by Law, it cannot make use of the benefits provided for in the inciso III of the art. 44. " (NR)
Art. 3º The art. 10 of Law No. 9,393 of December 19, 1996, passes the vigour with the following essay:
" Art. 10. ....................................................................
§ 1º ............................................................................
I- ..............................................................................
II-.............................................................................
a) ................................................................................
b) ................................................................................
c) ...............................................................................
d) the areas under regime of forest servitude.
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§ 7º The declaration to end exemption from the ITR concerning the areas of which they treat the "a" and "d" points of the inciso II, § 1º, of this article, is not subject to the prior substantiation by the declarant, by staying the same person responsible for the payment of the corresponding tax, with interest and fine provided for in this Act, should it be proven that his statement is not true, without prejudice to other applicable sanctions. " (NR)
Art. 4º Ficam convalidated the acts practiced on the basis of the Provisional Measure No. 2.080-58, of December 27, 2000.
Art. 5º This Interim Measure comes into effect on the date of its publication.
Brasilia, January 25, 2001; 180º of Independence and 113º of the Republic.
FERNANDO HENRIQUE CARDOSO
Silvano Gianni
