LEI No. 12,651, OF May 25, 2012
Disposes on the protection of native vegetation; changes the Laws #s 6,938, of August 31 of 1981, 9,393, of December 19, 1996, and 11,428, of December 22, 2006; repeal the Lawss 4,771, of September 15, 1965, and 7,754, of April 14, 1989, and the Interim Measure No. 2.166-67, of August 24, 2001; and gives other arrangements.
A P R E S D E N T A R A R E P U B L I C A
I get to know that the National Congress decrees and I sanction the following Law:
Art. 1º (VETADO).
Art. 2º The existing forests in the national territory and the remaining forms of native vegetation, recognized of usefulness to the lands they are of, are goods of common interest to all inhabitants of the Country by exercising the property rights with the limitations that legislation in general and especially this Law establish.
§ 1º In use and exploitation of the vegetation, the actions or omissions contrary to the provisions of this Act are considered irregular use of the property, applying the summary procedure provided for in the inciso II of the art. 275 of Law No. 5,869 of January 11, 1973-Code of Civil Procedure, without prejudice to civil liability, pursuant to § 1º of the art. 14 of Law No. 6,938 of August 31, 1981, and of administrative, civil and criminal sanctions.
§ 2º The obligations laid down in this Act have real nature and are transmitted to the successor, of any nature, in the case of transfer of domain or possession of the rural real estate.
Art. 3º For the purposes of this Act, it is understood by:
I-Amazonia Legal: the States of the Acre, Pará, Amazonas, Roraima, Rondônia, Amapá and Mato Grosso and the regions located north of the parallel 13 °S, from the states of Tocantins and Goiás, and to the west of the 44 ° W meridian of the State of the Maranhão;
II-Area of Permanent Preservation-APP: protected area, covered or not by native vegetation, with the environmental function of preserving water resources, landscape, geological stability and biodiversity, facilitate the genic flow of fauna and flora, protect the soil and ensure the well-being of human populations;
III-Legal Reserve: area located in the interior of a property or rural possession, bordered on the terms of the art. 12, with the function of ensuring economic use of sustainable mode of the natural resources of rural real estate, assisting the conservation and rehabilitation of ecological processes and promoting biodiversity conservation, as well as shelter and protection of wildlife and native flora; IV-rural consolidated area: rural real estate area with preexisting anthropic occupancy on July 22, 2008, with buildings, benfeits or agrossilvipastoris activities, admitted, in the latter case, the adoption of the seaside scheme;
V-small property or family rural possession: that explored upon the personal work of the family farmer and rural family entrepreneur, including the settlements and agrarian reform projects, and who will meet the provisions of the art. 3rd of the Law no 11,326, of July 24, 2006;
VI-alternative use of soil: replacement of native vegetation and successor formations by other topsoil toppings, such as agrolivestock, industrial, generation and transmission activities of energy, mining and transport, urban settlements or other forms of human occupation;
VII-sustainable manejo: administration of natural vegetation for the attainment of economic benefits, social and environmental, respecting the mechanisms of sustaining the ecosystem's object ecosystem and considering whether, cumulatively or alternatively, the use of multiple lumber species or not, of multiple products and subproducts of the flora, as well as the use of other goods and services;
a) the activities of national security and sanitary protection;
b) the works of infrastructure aimed at the concessions and public transport services, the viary system, inclusive of that required for urban soil parcelings approved by the Municipalities, sanitation, waste management, energy, telecommunications, broadcasting, facilities necessary for the realization of state, national sports competitions or international, as well as mining, except, in the latter case, the extraction of sand, clay, saibro and gravel; c) activities and civil defence works;
d) activities that demonstrably provide improvements in the protection of the environmental functions referred to in the inciso II of this article;
e) other similar activities suitably characterized and motivated in own administrative procedure, when inexist technical and locational alternative to the proposed venture, defined in act of the Head of the federal Executive Power;
a) the activities that are indispensable to the protection of the integrity of the native vegetation, such as prevention, combat and control of fire, erosion control, eradication of invaders and protection of plantings with native species;
b) sustainable agroforestry exploration practiced in the small property or family rural possession or by traditional peoples and communities, as long as it does not mischaracterize the existing plant cover and does not harm the environmental function of the area;
c) the deployment of public infrastructure aimed at sports, leisure, and educational and cultural activities in the air free in consolidated urban and rural areas, observed the conditions set forth in this Act;
d) the fundaily regularization of occupied human settlements predominantly by low-income population in consolidated urban areas, observed the conditions laid down in Law No. 11,977 of July 7, 2009;
and) implantation of facilities required by caption and conduction of water and effluent treated for projects whose water resources are integral and essential parts of the activity;
f) the research and extraction activities of sand, clay, saibro and gravel, outorgated by the competent authority;
g) other similar activities suitably characterized and motivated in own administrative procedure, when inexist technical and locational alternative to the proposed activity, defined in act of the Head of the federal Executive Power;
X-eventual or low environmental impact activities:
a) opening of small internal access pathways and their bridges and pontillions, when necessary to the crossing of a watercourse, to the access of people and animals for the attainment of water or the withdrawal of products from the activities of sustainable agroforestry manhandling;
b) implantation of facilities necessary to the catchment and conduction of treated water and effluents, provided that it is proven to be heard from the right of water use, when couber;
c) implantation of trails for the development of ecotourism;
d) construction of boat launch ramp and small ancoradgold;
e) housing construction of family-owned farmers, remnants of quilombolas communities and other populations extractivists and traditional ones in rural areas, where the water supply will take place by the residents ' own effort;
f) construction and maintenance of fences on the property;
g) scientific research concerning environmental resources, respected other requirements set out in the applicable legislation;
h) collection of non-timber products for the purposes of subsistence and production of seedlings, such as seeds, chestnuts and fruit, respected the specific legislation of access to genetic resources;
i) planting of native species producing fruit, seeds, chestnuts and other plant products, provided that it does not imply suppression of the existing vegetation nor does it harm the environmental function of the area;
j) agroforestry exploration and sustainable forest manhandling, community and family, including extracting products forest non-loggers, as long as they do not discharacterize the existing native plant cover nor do they harm the environmental function of the area;
k) other similar actions or activities, recognized as eventual and low environmental impact in act of the National Council of the Environment-CONAMA or the State Councils of Environment;
XII-vereda: phytoisionomy of savannah, found in hydromorphic soils, usually with the arborrhea palm tree Mauritia flexuosa -emergent buriti, without forming canopy, amidst clusters of arbustive-herbaceous species;
XIII-manguezal: littoral ecosystem that occurs in low land, subject to tidal action, formed by recent or sandy vessels, to which it associates, predominantly, natural vegetation known as mangrove, with fluviomarine influence, typical of limed soils from estuarine regions and with discontinuous scattering along the Brazilian coast, between the states of Amapá and Santa Catarina;
XIV-salty or hypersaline tropical marismas: areas located in regions with frequencies of intermediate flooding between siziric and quadrature tides, with soils whose salinity ranges from 100 (one hundred) and 150 (one hundred and fifty) parts per 1,000 (thousand), where the presence of specific herbal vegetation may occur;
XV-apicum: areas of hypersaline soils situated in the upper-tidal regions, inundated only by the tides of sizygies, which exhibits salinity greater than 150 (one hundred and fifty) parts per 1,000 (thousand), devoid of vascular vegetation;
XVI-restinga: arenous deposit parallel to the shoreline, generally elongated, produced by sedimentation processes, where they meet different communities that they receive marine influence, with plant cover in mosaic, found on beaches, sandy strands, dunes and depressions, presenting, according to the successive stage, herbaceous stratum, shrub and arborrheum, the latter most interiorized;
XVII-nascent: natural aflorment of the groundwater that features perenity and gives start to a course d' afguide;
XVIII-eye d' water: natural aflorment of the groundwater, even if intermittent;
XIX-bed regular: the gut by where they regularly run the waters of the watercourse during the year;
XX-urban green area: spaces, public or private, with vegetation predominance, preferentially native, natural or reclaimed, provided for in the Director Plan, in the Urban Zoning Laws and Use of the Solo of the Municipality, unavailable for housing construction, intended for the purposes of recreation, leisure, improvement of urban environmental quality, protection of water resources, maintenance or landscape enhancement, protection of goods and cultural manifestations;
XXI-várzea from flood or floodplain: marginal areas to watercourses subject to flood and periodic flooding;
XXII-flood-crossing strip: area of várzea or flood plain adjacent to watercourses that allows for the flood runoff;
XXIII-corrugated relief: geomorphologic expression used for assign area characterized by moves of the terrain that generate depressions, the intensity of which allows its classification as smooth wavy relief, wavy, tightly wavy and mountainous.
Paragraph single. For the purposes of this Act, it extends the treatment dispensed to the real estate referred to in the inciso V of this article to the properties and rural possessions with up to 4 (four) tax modules that develop agrossilvipastoris activities as well as land indigenous demarcates and to the remaining titled areas of traditional peoples and communities that make collective use of their territory.
DAS AREAS OF PERMANENT PRESERVATION
From the Delimitation of the Permanent Preservation Areas
Art. 4º It is considered Area of Permanent Preservation, in rural or urban areas, for the purposes of this Law:
I-the marginal strips of any natural watercourse, from the edge of the regular bed's broth, in minimum width of:
a) 30 (thirty) meters, for the watercourses of less than 10 (ten) meters wide;
b) 50 (fifty) meters, for the watercourses that have 10 (ten) to 50 (fifty) meters wide;
c) 100 (hundred) meters, for watercourses that have from 50 (fifty) to 200 (two hundred) meters of width;
d) 200 (two hundred) meters, for the watercourses that have 200 (two hundred) to 600 (six hundred) meters wide;
e) 500 (five hundred) meters, for the watercourses that have width of more than 600 (six hundred) meters;
II-the areas in the surroundings of the lakes and natural lagoons, in range with minimum width of:
a) 100 (hundred) meters, in rural areas, except for the body of water with up to 20 (twenty) hectares of surface, whose marginal range will be 50 (fifty) meters;
b) 30 (thirty) meters, in urban zones;
III-the areas in the surroundings of the artificial water reservoirs, in the range defined in the environmental permit of the venture, observed the provisions of § § 1º and 2º;
IV-the areas in the surroundings of the springs and water-eyes, whatever their situation topographical, in the minimum radius of 50 (fifty) metres;
V-the slopes or parts of these with declivity higher than 45 °, equivalent to 100% (one hundred percent) on the largest slope line;
VI -the restinges, such as dune fixtures or mangrove stabilizers;
VII-the mangroves, in all its extension;
VIII-the edges of the chessboards or plated, up to the breaking line of the relief, in stripe never less than 100 (hundred) meters in horizontal projections;
IX-at the top of dies, mounds, mountains and saws, with minimum height of 100 (hundred) meters and average inclination greater than 25 °, the areas bounded from the level curve corresponding to 2/3 (two-thirds) of the minimum elevation height always in relation to the base, being this defined by the horizontal plane determined by plain or adjacent water mirror or, in the corrugated reliefs, by the quota of the saddle point closest to the elevation;
X-the areas at altitude higher than 1,800 (thousand and eight hundred) meters, whatever the vegetation;
§ 1º Does not apply for that provided for in inciso III in cases where artificial water reservoirs do not proceed from bus or dam of watercourses.
§ 2º In the surroundings of the artificial reservoirs situated in rural areas with up to 20 (twenty) hectares of surface area, the permanent preservation area will have at least 15 (fifteen) meters.
§ 3º ( VETADO).
§ 4º In the natural or artificial accumulations of water with surface less than 1 (one) hectare, it is waived the reserve of the protected range in the incisos II and III of the caput.
§ 5º Is admitted, for the small property or family rural possession, of which it treats the inciso V of the art. 3º of this Act, the planting of temporary and seasonal crops of short cycle leakage in the strip of land which is exposed in the leakage period of rivers or lakes, provided that it does not imply suppression of new areas of native vegetation, be retained to quality of water and soil and is protected wildlife.
§ 6º In rural real estate with up to 15 (fifteen) tax modules, it is admitted, in the areas of which they treat the incisos I and II of the destarted caput , the practice of aquaculture and the physical infrastructure directly ashe associated, provided that:
I-are adopted sustainable practices of manhandling of soil and water and water resources, ensuring their quality and quantity, according to the standard of the State Environment Councils;
II-be of agreement with their respective basin plans or water resource management plans;
III- is carried out the licensing by the competent environmental organ;
IV-the immovable is enrolled in the Rural Environmental Cadastro-CAR.
§ 7º (VETADO).
§ 8º (VETADO).
Art. 5º In the implantation of artificial water reservoir targeted for power generation or public supply, the acquisition, expropriation or institution of administrative servitude by the entrepreneur of the Permanent Preservation Areas is mandatory created in its surroundings, as set out in environmental licensing, observing the minimum range of 30 (thirty) meters and maximum of 100 (hundred) meters in rural area and the minimum range of 15 (fifteen) meters in urban area.
§ 1º In the implantation of artificial water tanks of which it treats the caput, the entrepreneur, in the framework of the environmental licensing, elaborates Environmental Plan for Conservation and Use of the Reservoir Encroach, in accordance with reference term expeded by the competent body of the National Environment System-SISNAMA, may not exceed 10% (ten per cent) of the total area of the surroundings.
§ 2º The Environmental Plan for Conservation and Use of the Enchantment of Artificial Reservoir, for the bidding ventures from the duration of this Act, is to be presented to the environmental body concomitantly with the Environmental Basic Plan and approved until the beginning of the venture's operation, not constituting their absence impediment to the dispatch of the installation license.
§ 3º ( VETADO).
Art. 6º Consider, still, of permanent preservation, when declared of social interest by act of the Chief of the Executive Power, the areas covered with forests or other forms of vegetation aimed at one or more of the following purposes:
I-contain soil erosion and mitigate risks of floods and landslides and rock slides;
II-protect the restinges or veredas;
IV-sheltering exemplars of the endangered fauna or flora;
V-protect sites of exceptional beauty or of scientific, cultural or historical value;
VI-form protection strips along highways and railways;
VII-ensuring public welfare conditions;
VIII-auxiliary the defense of the national territory, at the discretion of the military authorities.
From the Regime of Protection of Permanent Preservation Areas
Art. 7º The vegetation located in the Permanent Preservation Area shall be maintained by the owner of the area, possessor or occupant of any title, physical or legal person, of public or private law.
§ 1º Having occurred vegetation suppression situated in Permanent Preservation Area, the owner of the area, possessor or occupant to any title is obliged to promote the recomposition of the vegetation, re-salvaged the authorized uses provided for in this Law.
§ 2º The obligation laid down in § 1º has real nature and is transmitted to the successor in the case of transfer of domain or possession of rural real estate.
§ 3º In the case of unauthorized suppression of vegetation held after July 22, 2008, it is vetted the granting of new authorisations of vegetation suppression while not fulfilled the obligations set out in § 1º.
Art. 8º The intervention or suppression of native vegetation in Permanent Preservation Area will only occur in the hypotheses of public utilities, of social interest or low environmental impact provided for in this Act.
§ 1º The suppression of native protective vegetation of springs, dunes and restinges can only be authorized in case of public utility.
§ 2º The intervention or suppression of native vegetation in Area of Permanent preservation of which treat the incisos VI and VII of the caput of the art. 4th may be authorized, exceptionally, in places where the ecological function of the mangrove is compromised, for the execution of housing and urbanization works, entered into projects of funnelling regularization of social interest, in areas consolidated urban occupiers occupied by low-income population.
§ 3º The authorization is waived of the environmental body competent for the execution, in character of urgency, of national security activities and works of interest of civil defence aimed at the prevention and mitigation of accidents in urban areas.
§ 4º There will be no, in any hypothesis, right to regularization of future interventions or vegetation suppressions native, in addition to those provided for in this Law.
Art. 9º It is allowed the access of people and animals to the Permanent Preservation Areas for obtaining water and for the realization of low environmental impact activities.
DAS AREAS OF RESTRICTED USE
Art. 10. In the swampy plain, ecologically sustainable exploitation is allowed, and the technical recommendations of the official research bodies are to be considered, by becoming new suppressions of native vegetation for alternative use of the soil conditioned to the authorization of the state organ of the environment, based on the recommendations mentioned in this article.
Art. 11. In slope areas between 25 ° and 45 °, sustainable forest manhandling and exercise of agrossilvipastoris activities, as well as the maintenance of physical infrastructure associated with the development of the activities, will be allowed agronomic practices, being vetted the conversion of new areas, excepted the hypotheses of public usefulness and social interest.
DA AREA OF LEGAL RESERVE
From the Delimitation of the Legal Booking Area
Art. 12. All rural immovable shall maintain area with native vegetation cover, in the title of Legal Reserve, without prejudice to the application of the standards on Permanent Preservation Areas, observed the following minimum percentage in relation to the area of Real estate:
I-located in the Legal Amazon:
a) 80% (eighty percent), in the immovable situated in area of forests;
b) 35% (thirty-five percent), in the immovable situated in the area of cerrado;
c) 20% (twenty percent), in the immovable situated in area of general fields;
II-found in the other regions of the Country: 20% (twenty percent).
§ 1º In case of fractionation of rural immovable, to any title, including for settlements by the Program of Agrarian reform, will be considered, for the purposes of the caput, the area of the immovable before fractionation.
§ 2º The percentage of Legal Reserve in immovable situated in area of forest formations, cerrado or general fields in the Legal Amazonia will be defined by considering separately the indexes contained in the a, b , and c of the inciso I of the caput.
§ 3º After the deployment of the CAR, the suppression of new areas of forest or other forms of native vegetation will only be authorized by the state environmental organ of the Sisnama if the immovable is inserted into the mentioned enrollment, re-salvaged the provided for in art. 30.
§ 4º In cases of the a of the inciso I, the public power will be able to reduce the Reserve Legal for up to 50% (fifty percent), for the purpose of recomposition, when the Municipality has more than 50% (fifty percent) of the area occupied by nature conservation units of public domain and by homologated indigenous lands. § 5º In cases under ( a of the inciso I, the state public power, heard the State Environment Council, could reduce the Legal Reserve to up to 50% (fifty percent), when the state has approved Ecologico-Economic Zoning and more than 65% (sixty-five percent) of its territory occupied by public domain nature conservation units, duly regularized, and by homologated indigenous lands.
§ 6º The ventures of public water supply and sewage treatment are not subject to the constitution of Legal Reserve.
§ 7º Will not be required Legal Booking regarding the acquired areas or misappropriated by concession holder, permit or authorization for exploitation of hydraulic power potential, in which they function electric power generation ventures, substations or are installed transmission lines and of electric power distribution.
§ 8º Will not be required Legal Reservoes concerning the areas acquired or misappropriated with the goal of implantation and magnification of capacity of highways and railways.
Art. 13. When indicated by the Ecological-Economic Zoning-state Zoning, realized second unified methodology, the federal public power will be able to:
I-reduce, exclusively for the purposes of regularization, upon recomposition, regeneration or clearing of the Real Estate Legal Reserve with consolidated rural area, situated in area of forest located in the Legal Amazonia, for up to 50% (fifty percent) of the property, excluded the priority areas for conservation of biodiversity and water resources and ecological corridors;
II-enlarge the Legal Reserve areas by up to 50% (fifty percent) of the percentage provided for in this Act, to compliance with national biodiversity protection targets or greenhouse gas emission reduction targets.
§ 1º In the case envisioned in the inciso I of the caput, the owner or possessor of rural immovable who holds conserved and averaged Legal Reserves in area higher than the percentage required in the said inciso will be able to institute environmental servitude over the surplus area under the Act No. 6,938 of August 31, 1981, and Environmental Reserve Cote.
§ 2º The states that do not have their Ecological-Economic Zonements-ZEEs according to the unified methodology, established in federal standard, will have the time limit of 5 (five) years, as of the date of the publication of this Act, for its drafting and approval.
Art. 14. The location of the Legal Reserve area in rural real estate is expected to take into consideration the following studies and criteria:
I-the watershed plan;
II-the Ecologico-Econometric Zoning;
III-the formation of ecological corridors with another Legal Reserve, with Permanent Preservation Area, with Conservation Unit or with another area legally protected;
IV-the areas of greatest importance for the conservation of biodiversity; and
V-the areas of greater environmental fragility.
§ 1º The state body integral to the Sisnama or institution by it enabled should approve the location of the Reserve Legal after the inclusion of the immovable in the CAR, as per art. 29 of this Act.
§ 2º Protocoled the documentation required for analysis of the location of the area of Legal Reserve, to the owner or rural possessor may not be charged administrative penalty, including restriction on rights, on the grounds of non-formalization of the Legal Booking area.
Art. 15. The comedic of the Permanent Preservation Areas will be admitted in the calculation of the percentage of the Real Estate Legal Reserve, provided that:
I-the benefit predicted in this article does not imply the conversion of new areas to the alternative use of soil;
II-the area to be computed is either conserved or in the process of recovery, as per the owner's proving state body member state of the Sisnama; and
III-the owner or possessor has required inclusion of the immovable in the Rural Environmental Cadastro-CAR under this Act.
§ 1º The regime of protection of the Permanent Preservation Area does not change in the hypothesis predicted in this article.
§ 2º The owner or possessor of real estate with preserved Legal Reserve and inscribed in the Rural Environmental Cadastro-CAR of which it treats art. 29, whose area exceeds the minimum required by this Act, may use the surplus area for the purposes of constituting environmental servitude, Environmental Reserve Cote and other congenic instruments provided for in this Act.
§ 3º The puck that treats the caput applies to all the modalities of complying with the Legal Reserve, spanning both regeneration, and recomposition and compensation, in any of its modalities.
Art. 16. It could be instituted Legal Reserve under condominance or collective bargaining between rural estates, respected the percent predicted in the art. 12 in relation to each immovable, upon approval by the competent organ of the Sisnama.
Para. single. In rural real estate parceling, the Legal Reserve area can be grouped into condominal regime between the acquirers.
From the Legal Booking Protection Regime
Art. 17. The Legal Reservation shall be retained with cover of native vegetation by the owner of the rural property, possessor or occupant of any title, physical or legal person, of public or private law.
§ 1º Admits to the economic exploitation of the Legal Reserve by sustainable manhandling, previously approved by the organ competent of the Sisnama, in accordance with the modalities provided for in the art. 20.
§ 2º For purposes of Legal Reservation Manhandling in the small property or rural possession familiar, the member bodies of the Sisnama should establish simplified procedures of elaboration, analysis and approval of such manhandling plans.
§ 3º It is mandatory the immediate suspension of activities in Unpatched Legal Reserve Area irregularly after July 22, 2008, and should the process of recomposition, in whole or in part, without prejudice to the administrative, civil and civil penalties, not extrapolating to 2 (two) years this substantiation, counted from the date of the publication of this Act or, if the conduct is at its later date, of the date of suppression of vegetation, vetted the use of the area for any distinct purpose of the envisaged in this article.
Art. 18. The Legal Reserve area is to be registered in the relevant environmental body by means of enrolment in the CAR that it treats the art. 29, being vetted the alteration of its targeting, in the cases of transmission, to any title, or of dismemberment, with the exceptions provided for in this Act.
§ 1º The inscription of the Legal Reserve in the CAR will be made upon presentation of plant and descriptive memorial, containing the indication of the geographical coordinates with at least one point of mooring, as per act of the Chief of the Executive Power.
§ 2º In the possession, the area of Legal reservation is ensured by term of commitment signed by the possessor with the competent body of the Sisnama, with extrajudicial executive title strength, which explains, at the very least, the location of the Legal Reserve area and the obligations assumed by the possessor by virtue of that provided for in this Act.
§ 3º The transfer of possession implies the subrogation of the obligations assumed in the term of commitment of which it treats § 2º.
§ 4º The register of the Legal Reserve in the CAR disforces the averbation in the Estate Registration Office.
Art. 19. The insertion of rural immovable into urban perimeter defined by municipal law does not disforce the owner or poster from the maintenance of the Legal Reserve area, which will only be extinguished concomitantly to the registration of the ground parcelment for urban purposes approved under the specific legislation and depending on the guidelines of the director plan of which it treats § 1º of the art. 182 of the Federal Constitution.
Art. 20. In the sustainable manhandling of the forest vegetation of the Legal Reserve, selective exploitation practices will be adopted in the modalities of sustainable manhandling without commercial purpose for consumption on the property and sustainable manhandling for forest exploitation with commercial purpose.
Art. 21. It is free to collect non-timber forest products such as fruits, ciphs, leaves and seeds, owing to note:
I-the collection periods and volumes laid down in specific regulations, when there are;
II-the time of maturation of the fruits and seeds;
III-techniques that do not put at risk the survival of individuals and the species collected in the case of flower collection, leaves, casks, oils, resins, ciphs, bulbs, bamboos and roots.
Art. 22. The sustainable forest manhandling of the vegetation of the Legal Reserve with commercial purpose depends on permission from the competent body and should meet the following guidelines and guidelines:
I-do not discharacterize the plant cover and do not impair the conservation of the area's native vegetation;
II-ensure the maintenance of species diversity;
III-conduct the manhandling of exotic species with the adoption of measures that favour the regeneration of species natives.
Art. 23. The sustainable manhandling for possible forest exploitation without commercial purpose, for consumption in the real estate, independs on the authorization of the competent bodies, and shall only be declared in advance to the environmental body the motivation of the holding and the volume explored, limited the annual exploration to 20 (twenty) cubic meters.
Art. 24. In the forest manhandling in the areas outside of the Legal Reserve, the provisions of the arts also apply. 21, 22 and 23.
From the Urban Green Areas Protection Regime
Art. 25. The municipal public power will count, for the establishment of urban green areas, with the following instruments:
I-the exercise of the right of preemption for acquisition of relevant forest remnants, as it has the Act No 10,257, of July 10, 2001;
II-the transformation of the Statutory Reserves into green areas in urban expansions;
III-the establishment of requirement of green areas in the lotements, commercial ventures and in the deployment of infrastructure; and
IV-application in green areas of resources arising from the environmental compensation.
OF VEGETATION SUPPRESSION FOR ALTERNATIVE USE
Art. 26. The suppression of native vegetation for alternative use of the soil, both public domain and private domain, will depend on the enrollment of the real estate in the CAR, of which it treats art. 29, and of prior authorization of the competent state body of the Sisnama.
§ 1º (VETADO).
§ 2º (VETADO).
§ 3º In the case of forest reposition, projects should be prioritized that contemplate the use of native species of the same biome where suppression occurred.
§ 4º The application for suppression authorization of that treats the caput will contain, at the very least, the following information:
I-the location of the real estate, the Permanent Preservation Areas, the Legal Reserve and restricted use areas, by geographical coordinate, with at least one mooring point of the immovable perimeter;
II-the reposition or forest compensation, pursuant to § 4º of the art. 33;
III-the effective and sustainable use of the areas already converted;
IV-the alternative use of the area to be unmailed.
Art. 27. In the areas liable for alternative use of soil, vegetation suppression that opens up species of the endangered flora or fauna, second official list published by the federal or state or municipal bodies of the Sisnama, or migratory species, will depend on the adoption of compensatory and mitigating measures that ensure the conservation of the species.
Art. 28. No conversion of native vegetation is allowed for alternative use of soil in rural real estate that has abandoned area.
DO RURAL ENVIRONMENTAL CADRE
Art. 29. Is created the Rural Environmental Cadet-CAR, within the framework of the National Environment Information System-SINIMA, electronic public record of national scope, mandatory for all rural real estate, with the purpose of integrating the information environmental properties of properties and rural possessions, composing database for control, monitoring, environmental and economic planning and combating deforestation.
§ 1º The inscription of rural real estate in the CAR is to be done in the municipal, state or federal environmental body, which, under the regulation, will require the possessor or owner:
I-identification of the owner or rural possessor;
II-substantiation of the property or possession;
III-identification of the immovable by means of plant and descriptive memorial, containing the indication of the coordinates geographical with at least one mooring point of the immovable perimeter, informing the location of the remnants of native vegetation, of the Permanent Preservation Areas, of the Restricted Use Areas, of the consolidated areas and, existing case, also of the location of the Legal Booking.
§ 2º The enrollment will not be considered title for the purposes of recognition of the right of ownership or possession, neither eliminates the need for the fulfillment of the provisions of the art. 2º of Law No. 10,267 of August 28, 2001.
§ 3º The enrollment in the CAR will be mandatory for all rural properties and possessions, and shall be required within 1 (one) year counted from its implantation, extended, a single time, for equal period by act of the Chief of the Executive Power.
Art. 30. In cases where the Legal Reserve has already been averaged in the tuition of the property and in which such an aversion identifies the perimeter and location of the reservation, the owner shall not be obliged to provide the environmental body with the information relating to the Legal reserve provided for in the inciso III of § 1º of the art. 29.
Single paragraph. For the owner to become disobbered pursuant to the caput, he / she shall submit to the competent environmental body the real estate registration certificate where it consents to the averaging of the Legal Reserve or term of commitment already struck in the possession cases.
OF FOREST EXPLORATION
Art. 31. The exploitation of native forests and successor formations, from public or private domain, to be resourced the cases provided for in the arts. 21, 23 and 24, will depend on licensing by the competent body of the Sisnama, upon prior approval of Sustainable Forest Manure Plan-PMFS that behold techniques of conducting, exploitation, forest reposition and manhandling compatible with the varied ecosystems that the arbórea cover form.
§ 1º The PMFS will meet the following technical and scientific fundamentals:
I-characterization of the physical and biological means;
II-determination of the existing stock;
III-intensity of exploration compatible with the environmental support capacity of the forest;
IV-cut cycle compatible with the time of reinstatement of the extracted product volume from the forest;
V-promotion of the natural regeneration of the forest;
VI-adoption of proper silvicultural system;
VII-adoption of proper operating system;
VIII-monitoring of the development of the remaining forest;
IX-adoption of mitigating measures of the environmental and social impacts.
§ 2º The approval of the PMFS by the competent body of the Sisnama confers on its holder the environmental license for the practice of the sustainable forest manure, not applying other environmental licensing steps.
§ 3º The PMFS holder will forward annual report to the competent environmental body with the information on the whole area of sustainable forest manhandling and the description of activities carried out.
§ 4º The PMFS will be subjected to technical surveys to scrutinize the operations and activities developed in the manhandling area.
§ 5º Respected the provisions of this article will be established in an act of the Chief of the Executive Power provisions differentiated over PMFS on a business-scale, small-scale and community scale.
§ 6º For purposes of forest manure in the small property or family rural possession, the organs of the Sisnama should establish simplified procedures of elaboration, analysis and approval of the aforementioned PMFS.
§ 7º Compete to the federal environment body the approval of PMFS incidents in public domain public forests of the Union.
Art. 32. They are exempt from PMFS:
I-the suppression of forests and successor formations for use alternative soil;
II-the manhandling and the exploitation of planted forests located outside of the Permanent Preservation Areas and the Legal Reserve;
III-the forest farm does not commercial carried out in the rural properties to which the inciso V of the art is concerned. 3rd or by traditional populations.
Art. 33. Physical or legal persons using forest raw materials in their activities should supply themselves with resources arising from:
I-forests are planted;
II-PMFS of native forest approved by the competent organ of the Sisnama;
III-suppression of native vegetation authorized by the competent organ of the Sisnama;
IV-other forms of forest biomass defined by the competent organ of the Sisnama.
§ 1º Are obliged to forest reposition as physical or legal persons using forest raw material from native vegetation suppression or which hold permission for suppression of native vegetation.
§ 2º It is exempt from the compulsory forest reposition the one who uses:
I-costaneiras, trims, caves or other waste from the industrial activity;
II-forest raw material:
a) coming from PMFS;
b) coming from planted forest;
§ 3º The exemption from compulsory forest reposition does not disforce the person concerned from the substantiation before the competent authority of the origin of the forest resource used.
§ 4º The forest reposition will take effect in the State of origin of the raw material used, upon seeding of preferentially native species, as determinations of the competent organ of the Sisnama.
Art. 34. Industrial enterprises using large amount of forest raw material are required to draw up and implement Sustainable Supply Plan-PSS, to be submitted to the approval of the competent body of the Sisnama.
§ 1st The PSS will ensure production equivalent to the consumption of forest raw material by industrial activity.
§ 2nd The PSS will include, at a minimum:
I-scheduling of forest raw material supply;
II-indication of the source areas of the Georgian forest raw material;
III-copy of the contract between the particular individuals involved, when the PSS includes supply of forest raw material coming from land belonging to third parties.
§ 3º Admits the supply by raw material on offer in the market:
I-in the initial phase of installation of the activity industrial, in the conditions and during the period, not more than 10 (ten) years, provided for in the PSS, ressalvated supply contracts mentioned in the inciso III of § 2º;
II-in the case of procurement of products from the planting of exotic forests, licensed by the competent organ of the Sisnama, the supply will be evidenced later upon annual report in which it consents the location of the forest and the quantities produced.
§ 4º The PSS of steel, metallurgical or other companies that consume large quantities of vegetable coal or firewood will establish the exclusive use of raw material coming from planted forests or PMFS and will be an integral part of the process of environmental licensing of the venture.
§ 5º Will be established, in act of the Chief of the Executive Power, the parameters of use of forest raw material for the purposes of framing the industrial enterprises in the willing on the caput.
FROM CONTROLLING THE ORIGIN OF FOREST PRODUCTS
Art. 35. The control of the origin of wood, coal and other forest products or by-products will include national system integrating the data of the different federative ones, coordinated and scrutinised by the competent federal body of the Sisnama.
§ 1º The planting or reforestation with native or exotic forest species independent of prior authorization, provided that the limitations and conditions laid down in this Act are observed, and shall be informed to the competent body, within the period of up to 1 (one) year, for the purposes of source control.
§ 2º It is free the extraction of firewood and too many forest products planted in the areas not considered Areas of Permanent Preservation and Legal Booking.
§ 3º The cutting or exploitation of native species planted in alternate land use area will be permitted irrespective of prior authorisation, and the planting or reforestation shall be previously enrolled in the competent environmental organ and the holding is previously declared in it for source control purposes.
§ 4º The system data referred to in the caput will be made available for public access through the worldwide computer network, by having the federal system coordinator of the system provide the computer programs to be used and set the deadline for integration of the data and the information that are expected to be aported to the national system.
Art. 36. The transport, by any means, and the storage of wood, firewood, coal and other forest products or by-products from native species forests, for commercial or industrial purposes, require licence from the competent organ of the Sisnama, observed the provisions of the art. 35.
§ 1º The license provided in the caput will be formalized through the issuance of the DOF, which should accompany the material up to the final benefit.
§ 2º For the issuance of the DOF, the responsible physical or legal person should be registered in the Federal Technical Cadaster of Potentially Polluting Activities or Environmental Resource Users, provided for in the art. 17 of the Law no 6,938, of August 31, 1981.
§ 3º All the one who receives or acquires, to commercial or industrial purposes, wood, firewood, coal and other products or by-products of native species forests is obliged to require the presentation of the DOF and to equip the track which should accompany the material up to the final beneficiation.
§ 4º In the DOF should appear in the specification of the material, its volumetric and data on its origin and destination.
Art. 37. The trade in living plants and other products from native flora will depend on leave from the competent state body of the Sisnama and registration in the Federal Technical Cadastro of Potentially Polluting Activities or Resource Users Environmental, provided for in art. 17 of Law No. 6,938 of August 31, 1981, without prejudice to other demands that are fully fit.
Paragraph single. The export of living plants and other products of the flora will depend on leave from the competent federal organ of the Sisnama, observed the conditions set out in the caput.
OF THE PROHIBITION OF FIRE USE AND CONTROL
OF THE FIRES
Art. 38. The use of fire in vegetation is prohibited, except in the following situations:
I-in places or regions whose peculiarities justifies the employment of fire in agropastoral or forest practices, upon prior approval by the competent environmental state organ of the Sisnama, for each rural or regionalized real estate, which will establish the monitoring and control criteria;
II-employment of controlled burning in Units of Conservation, in accordance with the respective manhandling plan and upon prior approval of the governing body of the Conservation Unit, aiming at the conservationist manhandling of the native vegetation, whose ecological characteristics are associated evolutionarily to the occurrence of fire;
III-scientific research activities linked to research project duly approved by the competent bodies and carried out by recognized research institution, upon prior approval of the competent environmental organ of the Sisnama.
§ 1º In the predicated situation in the inciso I, the competent environmental state organ of the Sisnama will require that the studies respondents to the licensing of rural activity contain specific planning on fire employment and control of fires.
§ 2º Exception from the constant prohibition in the caput the practices of preventing and combating wildfires and those of subsistence agriculture exerted by populations traditional and indigenous.
§ 3º In the ascertaining of responsibility for the irregular use of fire in public or private lands, the competent authority for supervision and autuation should substantiate the causal nexus between the owner's action or any prerank and the damage effectively caused.
§ 4º It is necessary the establishment of causal nexus in the verification of the responsibilities for infraction by use irregular from fire on public lands or private individuals.
Art. 39. The environmental bodies of the Sisnama, as well as any and any public or private body responsible for the management of areas with native vegetation or forest planties, should elaborate, update and deploy contingency plans for combating the forest fires.
Art. 40. The Federal Government should establish a National Manning and Control Policy of Queiming, Prevention and Combating Forest Fires, which promotes the institutional articulation with views in replacing the use of fire in the rural medium, in control of bursts, in preventing and combating forest fires and in the manhandling of fire in protected natural areas.
§ 1º The Policy mentioned in this article should provide for tools for the analysis of the impacts of bursts on climate change and changes in land use, conservation of the ecosystems, public health and fauna, to subsidize strategic forest fire prevention plans.
§ 2º The Policy mentioned in this article should observe scenarios of climate change and potential increases in the risk of occurrence of forest fires.
FROM THE SUPPORT PROGRAM AND INCENTIVE TO PRESERVATION
AND RECOVERY OF THE ENVIRONMENT
Art. 41. It is the federal Executive Power authorized to institute, within 180 (one hundred and eighty) days, counted from the date of the publication of this Act, without prejudice to compliance with environmental law, program of support and incentive to the conservation of the environment, as well as for adoption of technologies and good practices that reconcile agrolivestock and forest productivity, with reduction of environmental impacts, as a form of promoting ecologically sustainable development, always observed the criteria of Progressiveness, covering the following categories and lines of action:
I-payment or incentive for environmental services such as retribution, monetary or otherwise, to the activities of conservation and improvement of ecosystems and to generate environmental services, such as, isolated or cumulatively:
a) the sequestration, conservation, maintenance and increase of the stock and the decrease in carbon flux;
b) the conservation of natural scenic beauty;
c) the conservation of biodiversity;
d) the conservation of waters and water services;
e) the regulation of climate;
f) cultural valorisation and traditional ecosystem knowledge;
g) the conservation and betterment of the soil;
h) the maintenance of Permanent Preservation Areas, of Legal Booking and restricted use;
II-compensation for the environmental conservation measures necessary for the fulfillment of the objectives of this Act, using the following instruments, among others:
a) obtaining agricultural credit, in all its modalities, with lower interest rates, as well as limits and deadlines larger than those practiced in the market;
b) contracting of agricultural insurance in better conditions than those practiced in the market;
c) deduction of the Areas of Preservation Permanent, of Legal Reserve and restricted use of the base of calculation of the Rural Territorial Property Tax-ITR, generating tax credits;
d) allocation of part of the resources raised with the collection by the use of water, in the form of Law No. 9,433, of January 8, 1997, for maintenance, recovery or recomposition of the Permanent Preservation Areas, of Legal Reserve and restricted use in the revenue generation basin;
e) lines of funding to meet voluntary preservation initiatives of native vegetation, protection of endangered native flora species, forest maneuvering and sustainable agroforestry carried out on the property or rural possession, or recovery of degraded areas;
f) tax exemption for major inputs and equipment, such as: wire harms, treated wood poles, water pumps, soil drilling tract, among others used for the processes of recovery and maintenance of the Permanent Preservation Areas, of Legal Reserve and restricted use;
III-incentives for commercialization, innovation and acceleration of the recovery actions, conservation and sustainable use of forests and too many forms of native vegetation, such how to:
a) preferential participation in the marketing support programmes of the production agricultural;
b) resource targeting for scientific and technological research and the extension rural related to the improvement of environmental quality.
§ 1st To finance the activities necessary for the environmental regularization of rural properties, the programme may provide for:
I- resource targeting for scientific and technological research and the rural extension related to the improvement of environmental quality;
II-deduction from the base of calculation of the income tax of the owner or possessor of rural real estate, physical or legal person, of part of the expendities effected with the recomposition of the Areas of Permanent Preservation, Legal Booking and restricted use whose deforestation is prior to July 22, 2008;
III-use of public funds for the granting of repayable and non-refundable credits intended for the compensation, recovery or recomposition of the Areas of Preservation Permanent, of Legal Reserve and restricted use whose deforestation is prior to July 22, 2008.
§ 2º The programme envisioned in the caput could, still, establish tax differentiation for companies that industrialize or market products originating in properties or rural possessions that comply with the standards and limits set forth in the arts. 4º, 6º, 11 and 12 of this Law, or that are in the process of complying with them.
§ 3º The owners or holders of rural real estate enrolled in the CAR, delinquent in relation to compliance with the term of commitment or PRA or who are subject to sanctions for infractions to the provisions of this Act, except those suspended by virtue of the provisions of the Chapter XIII, are not eligible for the incentives provided for in points ( a to and of the inciso II of the caput of this article until the said sanctions are extinguished.
§ 4º The maintenance activities of the Permanent Preservation Areas, of Legal Reserve and restricted use are eligible for any payments or incentives for environmental services, setting additionality for the purposes of national and international markets of certified greenhouse gas emissions reductions.
§ 5º The program concerning environmental services provided for in the inciso I of the caput of this article should integrate the systems in a national and state framework, objecting to the creation of an environmental services market.
§ 6º The owners located in the damping zones of Integral Protection Conservation Units are eligible to receive technical-financial support from the compensation provided for in the art. 36 of Law No. 9,985 of July 18, 2000, with the purpose of recovery and maintenance of priority areas for the management of the unit.
Art. 42. It is the Federal Government authorized to deploy program for conversion of the fine provided for in the art. 50 of Decree No. 6,514 of July 22, 2008, intended for rural real estate, regarding autuations linked to unauthorized demapartments without authorization or license, at a date prior to July 22, 2008.
Art. 43. (VETADO).
Art. 44. It is instituted the Environmental Reserve Cote-CRA, representative nominative title of area with native vegetation, existing or in retrieval process:
I-under regime of environmental servitude, instituted in the form of the art. 9º-A of Law No. 6,938 of August 31, 1981;
II-corresponding to the area of Legal Booking instituted voluntarily on the vegetation that exceeds the required percentage in art. 12 of this Act;
III-protected in the form of the Private Reserve of the Natural Heritage-RPPN, in the terms of art. 21 of Law No. 9,985 of July 18, 2000;
IV-existing in rural property located in the interior of Public Domain Conservation Unit that has not yet been misappropriated.
§ 1º The issuance of CRA will be made upon application by the owner, after inclusion of the real estate in the CAR and comprobate laude issued by the environmental body itself or by entity accredited, secured the control of the competent federal organ of the Sisnama, in the form of act of the Chief of the Executive Power
§ 2º The CRA cannot be emitted on the basis of native vegetation located in RPPN area instituted in overlapping the Real Estate Legal Reserve.
§ 3º The Forest Preserve Cote-CRF issued under the art terms. 44-B of the Act No. 4,771 of September 15, 1965, passes to be considered, by the effect of this Act, as an Environmental Reserve Cote.
§ 4º Could be instituted CRA of the native vegetation that integrates the Legal Reserve of real estate to which the inciso V of the art is referred to. 3º of this Law.
Art. 45. The CRA will be issued by the competent body of the Sisnama in favour of property owner included in the CAR that maintains area under the conditions laid down in the art. 44.
§ First the owner interested in the issuance of the CRA shall submit to the body referred to in the caput proposal accompanied by:
I-updated certificate of the real estate tuition matriculation expedited by the competent real estate registry;
II-identity of the owner's identity, when it comes to physical person;
III-act of assignment of responsible, when to treat yourself of legal person;
IV-negative certificate of impersonation of the Property Tax Territorial Rural-ITR;
V-descriptive memorial of the immovable, with the indication of the area to be linked to the title, containing at least one georreferenced mooring point perimeter to the immovable perimeter and a georreferenced mooring point relative to the Legal Reserve.
§ 2º Approved the proposal, the body referred to in the caput will issue the corresponding CRA, identifying:
I-the number of the CRA in the single control system;
II-the name of the rural owner of the area linked to the title;
III-the dimension and exact location of the area linked to the title, with descriptive memorial containing at least one georreferenced mooring point;
IV-the biome corresponding to the area linked to the title;
V-the classification of the area in one of the conditions laid down in the art. 46.
§ 3º The bond of area to the CRA will be averaged in the tuition of the respective real estate in the competent real estate registry.
§ 4º The federal body referred to in the caput may delegate to the state body competent assignments for issuance, cancellation and transfer of the CRA, ensured the implementation of single control system.
Art. 46. Each CRA will correspond to 1 (one) hectare:
I-of area with primary native vegetation or with secondary vegetation at any stage of regeneration or recomposition;
II-from areas of recomposition upon reforestation with native species.
§ 1º The successive stage or the time of recomposition or regeneration of native vegetation will be assessed by the competent state environmental organ based on owner's statement and field survey.
§ 2º The CRA cannot be issued by the competent environmental body when the regeneration or recomposition of the area is improbable or unviable.
Art. 47. It is mandatory to register the CRA by the issuing body, within 30 (thirty) days, counted from the date of its issuance, on national subject goods exchanges or in systems for registration and financial settlement of assets authorized by the Bank Central of Brazil.
Art. 48. CRA may be transferred, onerous or free of charge, the physical person or legal person of public or private law, upon a term signed by the holder of the CRA and the acquirer.
§ 1º The CRA transfer only produces effect once the predicted term in the caput in the single system of control.
§ 2º The CRA can only be used to compensate for rural Real Estate Legal Reserve situated in the same biome of the area to which the title is linked.
§ 3º The CRA can only be used for the purposes of Legal Reservation Compensation if respected the requirements set out in the § 6th of the art. 66.
§ 4º The use of CRA for compensation from the Legal Reserve will be averaged in the matriculation of the immovable in which the area linked to the title and in that of the property beneficiary of the compensation is situated.
Art. 49. It is up to the owner of the rural real estate in which the area is located to the CRA the full responsibility for the maintenance of the conservation conditions of the native vegetation of the area that gave rise to the title.
§ 1º The area linked to the issuance of the CRA on the basis of the incisos I, II and III of the art. 44 of this Act could be used as PMFS.
§ 2º The transmission inter alive or cause mortis of the immovable does not eliminate or alter the bond of area contained in the real estate to the CRA.
Art. 50. The CRA can only be cancelled in the following cases:
I-by request of the rural owner, in case of quelling of maintaining areas under the conditions laid down in the incisors I and II of the art. 44;
II-automatically, on the grounds of terminating the time of environmental servitude;
III-by decision of the competent organ of the Sisnama, in the case of degradation of the native vegetation of the area linked to the CRA whose costs and time of environmental recovery make it impossible for the continuity of the bond between the area and the title.
§ 1º The cancellation of the CRA used for purposes of Legal Reservation Compensation can only be effective if secured Legal Reservoe for the real estate in which the compensation was applied.
§ 2] The cancellation of the CRA in the terms of the inciso III of the caput independs on the Application of the due administrative and criminal penalties arising from infringement of environmental legislation pursuant to Law No. 9,605 of February 12, 1998.
§ 3º The cancellation of the CRA is to be averaged in the tuition of the immovable in which the area linked to the title and real estate is situated in which the compensation was applied.
DO CONTROLE OF THE DESMATER
Art. 51. The competent environmental body, when taking notice of deforestation at odds with the provisions of this Act, should embark on the work or activity that has given cause to the alternative use of the soil, as an administrative measure aimed at preventing the continuity of the environmental damage, propitiate the regeneration of the environment and give feasibility to the recovery of the degraded area.
§ 1º The embargo is restricted to the places where effectively the illegal deforestation occurred, not reaching the subsistence activities or the remaining activities carried out in the immovable unrelated to the infraction.
§ 2º The responsible environmental body should make available publicly the information on the embargoed immovable, including through the worldwide computer network, resguarded the data protected by specific legislation, characterizing the exact location of the boarded area and informing at what stage it is found the respective administrative procedure.
§ 3º At the request of the person concerned, the environmental body responsible will issue certificate in which it constraining the activity, the work and the part of the real estate area that are objects of the embargo, as the case.
DA FAMILY FARMING
Art. 52. The intervention and suppression of vegetation in Permanent Preservation Areas and Legal Reserve for any possible or low environmental impact activities, provided for in the inciso X of the art. 3º, excepted in points b and g, when developed in the real estate to which the inciso V of the art is concerned. 3º, will depend on simple declaration to the competent environmental body, provided that it is the duly registered immovable in the CAR.
Art. 53. For the registration in the CAR of the Legal Reserve, in the real estate to which the inciso V of the art is concerned. 3º, the owner or possessor will present the data by identifying the proposed area of Legal Reserve, by fit to the competent bodies of the Sisnama, or institution by it enabled, to carry out the caption of the respective coordinates geographical.
Single paragraph. The record of the Legal Reserve in the real estate to which the inciso V of the art is concerned. 3º is free of charge, and the public power should provide technical and legal support.
Art. 54. For compliance with the maintenance of the legal reserve area in the real estate to which the inciso V of the art is concerned. 3º, plantings of fruit trees, ornamental or industrial, composed of exotic species, cultivated in an interim system or in consortium with native species of the region in agroforestry systems, could be computed. class = MsoNormal style='margin-bottom:6.0pt; text-align:justify; text-justify: inter-ideograph; text-indent:1.0cm; line-height: 12.0pt; text-autospace:none'> Paragraph single. The state public power should provide technical support for the recomposition of the vegetation of the Legal Reserve in the real estate to which the inciso V of the art is concerned. 3º.
Art. 55. The inscription on the CAR of the real estate to which the inciso V of the art is concerned. 3º will observe simplified procedure in which it will be mandatory only for the presentation of the documents mentioned in the incisos I and II of § 1º of the art. 29 and of croqui indicating the perimeter of the immovable, the Permanent Preservation Areas and the remnants forming the Legal Reserve.
Art. 56. The environmental licensing of commercial PMFS in the real estate to which the inciso V of the art is concerned. 3º will benefit from simplified environmental licencing procedure.
§ 1º The manhandling sustainable from the Legal Reserve for eventual forest exploitation, without direct or indirect commercial purpose, for consumption in the real estate to which the inciso V of the art is referred to. 3º, independs on the authorisation of the competent environmental bodies, limited the annual withdrawal of lumpy material at 2 (two) cubic metres per hectare.
§ 2º The manhandling provided for in § 1º will not be able to commit more than 15% (fifteen percent) of the biomass of the Legal Reserve nor be it higher than 15 (fifteen) cubic metres of firewood for use domestic and energy use, by property or rural possession, per year.
§ 3º For the purposes of this Law, is understood by manhandling eventual, without commercial purpose, the supply, for use in the real estate, of firewood or sawn timber intended for benfeits and energy use in the rural estates and possessions, in quantity not exceeding that stipulated in the § 1º of this article.
§ 4º The limits for use provided for in § 1º of this article in the case of collective possession of traditional populations or family farming will be adopted by family unit.
§ 5º The properties to which the inciso V of the art is referred to. 3º are disobligated from forest reposition if the forest raw material is used for own consumption.
Art. 57. In the real estate to which the inciso V of the art is concerned. 3rd, the sustainable timber forest manhandling of the Legal Reserve with direct or indirect commercial purpose depends on simplified authorization of the competent environmental body, and the person concerned shall, at the minimum, submit the following information:
I-data of the owner or rural possessor;
II-data from the property or rural possession, including copying of the immovable tuition in the General Registry of the Carthorium of Real estate registration or possession voucher;
III-croqui of the real estate area with indication of the area to be the object of selective manhandling, estimation of the volume of forest products and by-products to be obtained with the selective manhandling, indication of its target and forecasted execution schedule.
Art. 58. Assured of due control and supervision of the competent environmental bodies of the respective plans or projects, as well as the obligations of the immovable holder, the public power will establish technical support programme and financial incentives, and may include inductive measures and funding lines to address, as a matter of priority, the real estate to which the inciso V of the art is concerned. 3º, in the initiatives of:
I-voluntary preservation of native vegetation above the limits established in art. 12;
II-protection of species of the native flora threatened with extinction;
III-implantation of agroforestry systems and agrossilvipastoryl;
IV-environmental recovery of Permanent Preservation Areas and Legal Reservot;
V-recovery of degraded areas;
VI-promotion of technical assistance for environmental regularization and recovery of degraded areas;
VII-production of mutes and seeds;
VIII-payment by environmental services.
Art. 59. The Union, States and the Federal District shall, within 1 (one) year, counted from the date of the publication of this Act, extended for a single time, for equal period, by act of the Chief of the Executive Power, to deploy Regularization Programs Environmental-PRAs of posses and rural properties, with the aim of matching them to the terms of this Chapter.
§ 1º In the regulation of PRAs, the Union shall establish, at up to 180 (one hundred and eighty) days from the date of the publication of this Act, without prejudice to the deadline set out in the caput, general character norms, tasking states and the Federal District with detailing through the editing of specific character norms, in the grounds of their territorial, climatic, historical, cultural, economic and social peculiarities, as preceditua the art. 24 of the Federal Constitution.
§ 2º The inscription of rural real estate in the CAR is a mandatory condition for accession to the PRA, and this membership shall be required by the person concerned within 1 (one) year, counted from the implantation referred to in the caput, extended by a single time, for equal period, by act of the Chief of the Executive Power.
§ 3º On the basis of the application for membership of the PRA, the competent competent organ of the Sisnama shall summon the owner or possessor to sign the term of commitment, which will constitute an extrajudicial executive title.
§ 4º In the period between the publication of this Law and the deployment of the PRA in each State and the Federal District, as well as after the membership of the PRA and while it is being met the term of commitment, the owner or possessor may not be able to be auctioned for infractions committed before July 22, 2008 concerning irregular vegetation suppression in Permanent Preservation Areas, Legal Reserve and use restricted.
§ 5º As of the signing of the term of commitment, the sanctions will be lifted arising from the infractions mentioned in § 4º of this article and, fulfilled the obligations set out in the PRA or in the term of commitment for the environmental regularization of the requirements of this Act, in the deadlines and conditions laid down in them, the fines referred to in this article will be considered as converts to services of preservation, improvement and recovery of the quality of the environment, regularizing the use of consolidated rural areas as defined in the PRA.
Art. 60. The signing of a commitment term for regularization of real estate or rural possession before the competent environmental body, mentioned in the art. 59, will suspend the punishability of the crimes provided for in the arts. 38, 39 and 48 of Law No. 9,605, of February 12, 1998, while the term is being fulfilled.
§ 1º The prescription will be interrupted during the period of suspension of the punitive pretension.
§ 2º Extingue-if the punishability with the effective regularization provided for in this Law.
From Areas Consolidated in Permanent Preservation Areas
Art. 61. (VETADO).
Art. 62. For artificial water reservoirs intended for power generation or public supply that have been registered or have had their concession or authorization contracts previously signed to the Interim Meased No. 2.166-67, of August 24 of 2001, the range of the Permanent Preservation Area will be the distance between the normal operating maximum level and the maximum quota maximorum.
Art. 63. In the consolidated rural areas in the places of which they treat the incisos V, VIII, IX and X of the art. 4º, will be admitted to the maintenance of forest activities, crops of woody, perennial or long cycle species, as well as of the physical infrastructure associated with the development of agrossilvipastoris activities, vetoed the conversion of new areas to alternative use of the soil.
§ 1º The extensive grazing at the sites referred to in the caput it should be restricted to the areas of natural campestre vegetation or already converted to campestre vegetation, admitting the consortium with perennial or long-cycle vegetation.
§ 2º The maintenance of the cultures and infrastructure of which treats the caput is conditioned on the adoption of practices conservationists of the soil and water indicated by the rural technical assistance bodies.
§ 3rd Admitse, in the Permanent Preservation Areas, provided for in the inciso VIII of the art. 4th, of rural real estate of up to 4 (four) tax modules, within the PRA, from agronomic good and soil and water conservation practice, by deliberation of the State Councils of Environment or state collegiate bodies equivalents, the consolidation of other agrossilvipastoris activities, resourced the life-threatening situations.
Art. 64. In the fundaily regularization of social interest of the settlements entered in urban area of consolidated occupation and which occupy Permanent Preservation Areas, environmental regularization will be admitted through the approval of the regularization project fundaily, in the form of Law No. 11,977, of July 7, 2009.
§ 1º The regularization project funday of social interest should include technical study demonstrating the improvement of environmental conditions in relation to the previous situation with the adoption of the measures in it advocated.
§ 2º The technical study mentioned in § 1st should contain, at a minimum, the following elements:
I-characterization of the environmental situation of the area to be regularized;
II-specification of the basic sanitation systems;
III-proposition of interventions for the prevention and control of geotechnical and flood risks;
IV-recovery of degraded areas and those non-passable regularization;
V-proof of the improvement of urban-environmental sustainability conditions, considered use proper of water resources, the non-occupancy of the risk areas and the protection of the conservation units, when it is the case;
VI-proof of the improvement of the habitability of the residents propounded by the proposed regularization; and
VII-guarantee of public access to beaches and bodies of water.
Art. 65. In the fundaily regularization of specific interest of the settlements entered in consolidated urban area and which occupy Permanent Preservation Areas not identified as areas of risk, environmental regularization will be admitted by means of the approval of the fundaily regularization project, in the form of Law No. 11,977, of July 7, 2009.
§ 1º The environmental regularization process, for the purposes of prior authorization by the competent environmental body, should be instructed with the following elements:
I-the physico-environmental, social, cultural and economic characterization of the area;
II-the identification of environmental resources, of the environmental liabilities and weaknesses and of the constraints and potentials of the area;
III-the specification and evaluation of infrastructure systems urban and basic sanitation implanted, other services and public equipment;
IV-a identification of the conservation units and the protection areas of manancients in the area of direct influence of the occupation, whether they are surface water or groundwater;
V-the specification of the existing consolidated occupancy in the area;
VI-the identification of the areas considered to be at risk of floods and rocky mass movements, such as sliding, falling and rolling of blocks, mud racing and others defined as of geotechnical risk;
VII-the indication of the tracks or areas in which they are to be resguarded the typical features of the Permanent Preservation Area with the due proposal of recovery of areas degraded and those non-passable with regularization;
VIII-the risk assessment environmental;
IX-the proving of the improvement of the conditions of sustainability urban-environmental and the habitability of residents from regularization; and
X-a demonstration of free and free access guarantee by the population to the beaches and waterbodies, when couber.
§ 2º For purposes of the environmental regularization envisaged in the caput, along the rivers or from any watercourse, will be maintained non-edible strip with minimum width of 15 (fifteen) meters on each side.
§ 3º In urban areas tumblished as historical heritage and cultural, the non-edible track that it treats § 2º can be redefined in a way to meet the parameters of the act of the tombament.
From Areas Consolidated in Legal Reservation Areas
Art. 66. The owner or possessor of rural immovable who held, on July 22, 2008, Legal Reserve area under extent lower than that set out in the art. 12, you will be able to regularize your situation, regardless of the membership of the PRA, adopting the following alternatives, either isolated or jointly:
I-recompose the Legal Booking;
II-allow natural regeneration of vegetation in the area of Legal Reserve;
III-compensate for the Legal Booking.
§ 1º The obligation foreseen in the caput has real nature and is transmitted to the successor in the case of domain transfer or possession of the rural immovable.
§ 2º The recomposition of which treats the inciso I do caput should meet the criteria stipulated by the organ competent of the Sisnama and to be completed in up to 20 (twenty) years, covering, every 2 (two) years, at minimum 1/10 (one tenth) of the total area required for its supplementation.
§ 3º The recomposition that it treats the inciso I of the caput can be accomplished by the intercalated seeding of native and exotic species, in agroforestry system, observed the following parameters:
I -the planting of exotic species is to be combined with the native species of regional occurrence;
II-the area recomposed with exotic species may not exceed 50% (fifty per cent) of the total area to be recovered.
§ 4º The owners or possessors of the immovable who choose to recompose the Legal Reserve in the form of § § 2º and 3º will have right to its economic exploitation, pursuant to this Law.
§ 5th The compensation of which treats the inciso III of the caput should be preceded by the inscription of the property in the CAR and can be done by:
I-acquisition of Environmental Reserve Cote-CRA;
II-lease area under environmental servitude or Legal Reservot;
III-donation to the public power of area located in the interior of public domain Conservation Unit pending regularization morphing;
IV-enrollment of another equivalent and surplus area to the Legal Reserve, in real estate of the same title or acquired in third party motionless, with established native vegetation, in regeneration or recomposition, provided that located in the same biome.
§ 6º The areas to be used for compensation in the form of § 5º should:
I-being equivalent in extension to the area of the Legal Reserve to be compensated;
II-be located in the same biome of the Legal Booking area to be compensated;
III-if outside the State, be located in areas identified as priority by the Union or by the states.
§ 7º The definition of priority areas of which it treats § 6º will seek to favour, among others, the recovery of basins overly deforested hydrographs, the creation of ecological corridors, the conservation of large protected areas and the conservation or recovery of threatened ecosystems or species.
§ 8º When it comes to public real estate, the compensation of which treats the inciso III of the caput can be done upon granting of actual law of use or donation, on the part of the legal person of public law owning rural real estate that does not hold Legal Reserve to a sufficient extent, to the public body responsible for the area Conservation Unit located in the interior of Public Domain Conservation Unit, to be created or outstanding of fundaily regularization.
§ 9º The compensation measures provided for in this article will not be able to be used as a way of viabilizing the conversion of new areas for alternative use of soil.
Art. 67. In rural real estate they held, on July 22, 2008, area of up to 4 (four) tax modules and which owned remnants of native vegetation in percentage lower than the one provided for in art. 12, the Legal Reserve will be constituted with the area occupied with the existing native vegetation on July 22, 2008, vetted new conversions for alternative use of soil.
Art. 68. The owners or possessors of rural real estate who carried out native vegetation suppression respecting the Legal Reserve percentage provided for by the legislation in force at the time when the suppression occurred are waived from promoting the recomposition, compensation or regeneration for the percentage required in this Act.
§ 1º The owners or possessor of rural real estate will be able to prove these consolidated situations by documents such as the description of historical facts of occupation of the region, marketing records, agri-activity data, contracts and banking documents relating to production, and by all other means of proof in law admitted.
§ 2º The owners or possessor of rural real estate, in the Legal Amazonia, and their required heirs that possess Legal Reserve index greater than 50% (fifty percent) of forest cover and did not carry out vegetation suppression in the percentage provided by the legislation in force at the time will be able to use the surplus area of Legal Reserve also for the purposes of constituting environmental servitude, Reservation Quota Environmental-CRA and other congenic instruments provided for in this Act.
SUPPLEMENTARY AND FINAL PROVISIONS
Art. 69. They are required to register in the competent federal body of the Sisnama the commercial establishments responsible for the marketing of chainsaws, as well as those who acquire them.
§ 1º The license for the waybill and use of chainsaws will be renewed every 2 (two) years.
§ 2º The manufacturers of chainsaws are required to print, in visible place of the equipment, numeration whose sequence will be forwarded to the competent federal body of the Sisnama and will build on the corresponding tax notes.
Art. 70. In addition to the provisions of this Act and without prejudice to the creation of nature conservation units, in the form of Law No. 9,985 of July 18, 2000, and other cableable actions aimed at the protection of forests and other forms of vegetation, the public power federal, state or municipal will be able to:
I-prohibit or limit the cutting of flora species rare, endemic, endangered or endangered species, as well as of the species required for the subsistence of traditional populations, delimiting the areas understood in the act, making it conditional on prior authorization, in these areas, the cutting of other species;
II-declare any immune-cutting tree, by reason of its location, rarity, beauty or condition of door-sementes;
III-establish requirements administrative on the registration and other forms of control of physical or legal persons engaged in the extraction, industry, or trade of forest products or byproducts.
Art. 71. The Union, in conjunction with the States, the Federal District and the Municipalities, will carry out the National Forest Inventory, to subsidize the analysis of the existence and quality of the country's forests, in private real estate and public lands.
Single paragraph. The Union shall establish criteria and mechanisesfor standardizing the collection, maintenance and updating of the information of the National Forest Inventory.
Art. 72. For the purposes of this Act, the activity of forestry, when carried out in area apt to the alternative use of the soil, is equated to agricultural activity, pursuant to the Law No. 8,171 of January 17, 1991, which "has on agricultural policy".
Art. 73. The central bodies and enforcers of the Sisnama will create and implement, with the participation of the state bodies, sustainability indicators, to be published semiannually, with a view to afer the evolution of the components of the system covered by provisions of this Act.
Art. 74. The Outer Chamber of Commerce-CAMEX, of which it treats art. 20-B of Law No. 9,649 of May 27, 1998, with the wording given by Provisional Measure No. 2.216-37 of August 31, 2001, it is authorized to adopt measures of restriction on imports of goods of agri-cattle or forest produced in countries that do not observe standards and standards of protection of the environment compatible with those established by Brazilian legislation.
Art. 75. The PRAs instituted by the Union, states and Federal District should include mechanism that allows for the monitoring of their implementation, considering the national targets and targets for forests, especially the implementation of the instruments provided for in this Act, the cadastral adherence of rural property owners and possessions, the evolution of the regularization of rural properties and possessions, the degree of regularity of forest raw material use and the control and prevention of fires forest.
Art. 76. (VETADO).
Art. 77. (VETADO).
Art. 78. The art. 9º-A of Law No. 6,938 of August 31, 1981, it passes the invigoration with the following essay:
" Art. 9º-A. The owner or possessor of immovable, natural or legal person, may, by public or particular instrument or by administrative term firmed before the Sisnama's integral organ, limit the use of all his or her property to preserve, conserve, or recover existing environmental resources by instituting environmental servitude.
§ 1º The instrument or term of institution of environmental servitude should include, at a minimum, the following items:
I-memorial descriptive area of the servitude area environmental, containing at least one georreferenced mooring point;
II-object of environmental servitude;
III-rights and duties of the owner or possessor institutor;
IV-term during which the area will remain as environmental servitude.
§ 2º Environmental servitude does not apply to Areas of Preservation Permanent and the minimum Legal Reserve required.
§ 3º The restriction on the use or exploitation of the vegetation of the area under environmental servitude should be, at the very least, the same established for the Legal Reserve.
§ 4º Must be object of averaging in the tuition of the real estate in the competent real estate registry:
I-o instrument or term of institution of environmental servitude;
II-the contract of alienation, assignment, or transfer of environmental servitude.
§ 5º In the Legal Reservation Compensation hypothesis, environmental servitude should be averaged in the tuition of all real estate involved.
§ 6º Is vetted, during the term of the environmental servitude, the alteration of the addressee of the area, in the cases of transmission of the immovable to any title, of dismemberment or rectification of the limits of the immovable.
§ 7º The areas that have been instituted in the form of servitude forest, in the terms of art. 44-A of Law No. 4,771 of September 15, 1965, passes to be considered, by the effect of this Act, as an environmental servitude. " (NR)
Art. 79. The Law No. 6,938 of August 31, 1981, passes the increased invigoration of the following arts. 9º-B and 9º-C:
" Art. 9º-B. Environmental servitude can be costly or free, temporary or perpetual.
§ 1º The minimum term of temporary environmental servitude is 15 (fifteen) years.
§ 2º Perpetual environmental servitude amounts, for credit purposes, tax and access to public funds resources, to the Special Reserve of the Natural Heritage-RPPN, defined in the art. 21 of Law No. 9,985 of July 18, 2000.
§ 3rd The holder of the servitude environmental may alienate it, cedêla or transfer it, in whole or in part, by a definite period of time or in definitive character, in favor of another owner or public or private entity that has environmental conservation as a social end. "
" Art. 9o-C. The contract of alienation, assignment or transfer of environmental servitude shall be averaged in the tuition of the immovable.
§ 1st The contract referred to in the caput must contain, at the very least, the following items:
I-the delimitation of the area submitted to preservation, conservation or environmental recovery;
II-o object of environmental servitude;
III-os rights and duties of the established owner and prospective acquirers or successors;
IV-the rights and duties of the holder of environmental servitude;
V-the economic order benefits of the institutor and of the holder of environmental servitude;
VI-a legal foresight to ensure its compliance, including necessary judicial measures, in case of being unfulfilled.
§ § 2nd are duties of the owner of the servient real estate, among other obligations stipulated in the contract:
I-maintain the area under environmental servitude;
II-render accounts to the holder of the servitude environmental on the conditions of natural or man-made resources;
III-allow inspection and enforcement of the area by the holder of environmental servitude;
IV-defend the possession of the servient area, by all means in admitted law.
§ 3rd are duties of the holder of environmental servitude, among others obligations stipulated in the contract:
I -documenting the environmental characteristics of the property;
II-periodically monitor the property to check that environmental servitude is being maintained;
III-render information necessary to any interested in the acquisition or the successors of the property;
IV-maintain up-to-date reports and files with the activities of the object area of the servitude;
V-defend judicially the environmental servitude. "
Art. 80. Paragraph 1º (d of the inciso II of § 1º of the art. 10 of Law No. 9,393 of December 19, 1996, it passes the invigoration with the following essay:
" Art. 10. ..................................................................................
§ 1st ..........................................................................................
d) under environmental servitude regime;
.............................................................................................. " (NR)
Art. 81. The caput of the art. 35 of Law No. 11,428 of December 22, 2006, it passes the invigoration with the following essay:
" Art. 35. The conservation, in rural or urban real estate, of primary vegetation or secondary vegetation at any stage of regeneration of the Biome Mata Atlantica fulfils social function and is of public interest, and may, at the discretion of the owner, the subject areas to the restriction that it treats this Act to be computed for the purpose of the Legal Reserve and its surplus used for the purposes of environmental compensation or the Environmental Reserve Coating institution-CRA.
.............................................................................................. " (NR)
Art. 82. They shall be the Union, States, the Federal District and the Municipalities authorized to institute, adapt or reshape, within 6 (six) months, within the framework of the Sisnama, forest or related institutions, properly apparatus to ensure full achievement of this Act.
Single paragraph. The institutions referred to in the caput will be able to accredit, upon public selection edital, suitably enabled professionals to support the environmental regularization of the properties provided for in the inciso V of the art. 3rd, in the terms of regulation lowered by act of the Chief of the Executive Power.
Art. 83. Laws 4,771, of September 15, 1965, and 7,754, of April 14, 1989, and their subsequent amendments, and the Provisional Measure No. 2.166-67, of August 24, 2001.
Art. 84. This Law comes into effect on the date of its publication.
Brasilia, May 25, 2012; 191º of Independence and 124º of the Republic.
Mendes Ribeiro Filho
Márcio Pereira Zimmermann
Marco Antonio Raupp
Izabella Monica Vieira Teixeira
Gilberto José Spier Vargas
Luís Inácio Lucena Adams