Law Amending The Law On The Protection Of Agricultural Land

Original Language Title: Закон за изменение и допълнение на Закона за опазване на земеделските земи

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15455/

Name of law Law amending and supplementing the law on the protection of agricultural land Name of the Bill a bill amending and supplementing the law on the protection of farm land adoption 04/12/2015 number/year Official Gazette Decree No 100/2015 271

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on the protection of agricultural land, passed by the National Assembly of HLÌÌI 4 December 2015.

Issued in Sofia on 16 December 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending the law on the protection of agricultural land (official SG. 35 of 1996; amend., SG. 14 and 26 of 2000, issue 28 of 2001, 112/2003, no. 18, 29 and 30, 2006, and 13/64 since 2007, 36 and 43 of 2008., no. 10 and 103 of 2009. , PC. 87 from 2010, PC. 19 and 39 from 2011, issue. 22, 38 and 91 by 2012 PCs. 27 and 66 by 2013, PCs. 98 by 2014 and PCs. 14 and 61 by 2015.)

§ 1. In art. 2, al. 4 after the word "greenhouses" add "and for linear objects of art. 17A, al. 2. "

§ 2. In art. 8 al. 2 and 3 are repealed.

§ 3. In art. 11 the following amendments and supplements shall be made:

1. Paragraph 3 is replaced by the following:

"(3) the coordination of reclamation project under para. 2 shall be carried out by the Minister of agriculture and food or by an official authorized by him, where provision is made for reclamation of land for agricultural use and/or for its inclusion in the forest territories. "

2. a para. 4:

"(4) except in the cases referred to in paragraph 1. 3 coordination of reclamation project is carried out by:

1. the Minister of environment and water, or by an official authorized by him – for sgurootvali, as well as for other dumps and landfills within the meaning of the law on waste management;

2. the Minister of energy or an official authorised by him for reclamation, resulting from the activities of operators in operating permits for prospecting and exploration or for research or mining concessions for the relevant facilities for mining waste;

3. the Minister of economy, or by the officer authorized by him for the reclamation of closed mines and structures included in regulations governing activities on the closure of mines and mining equipment from coal mining, mining and uranium mining;

4. the Minister of energy or the Minister of economy in accordance with their competence, or by officials authorised by them – for tailings ponds. "

§ 4. In art. 17 and following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

(2) does not require the approval of the playgrounds and trails to design and change of use of agricultural land for the construction of linear objects of technical infrastructure, when they are not located on the surface of the ground and the area of each of the adjacent to these facilities located on the field is up to 15 kV. m, for linear objects for transmission of electricity with a level of voltage 110 kV and higher – the necessary area of each element of the linear entity is up to 100 m 2. m. "

2. a para. 3:

(3) Change of function of agricultural land for non-agricultural purposes, provided for by a general development plan, as well as in the case of concession granted by decision of the Council of Ministers, is performed without conducted procedure for validation of the playground or layout for design. "

§ 5. In art. 21, para. 2 the words "the electricity supply, water supply, collection or disposal of sewage" shall be deleted.

§ 6. In art. 23, para. 3 the word "fifth" shall be replaced by "seven" and finally "is added in the presence of an opinion on the accession of the entity issued by the network operator.

§ 7. In art. 30, para. 3 the words "lands, granted on the basis of an act of the Council of Ministers of the investors in the oritetni investment projects ' shall be replaced by" in the cases under art. 22 a, para. 12 of the investment promotion Act ".

§ 8. In art. 39, para. 2 the first sentence shall be replaced by the following: "in the composition of the Commission under para. 1 shall include one representative of the Ministry of regional development and public works, the Ministry of health, the Ministry of Justice, the Ministry of environment and waters, the Ministry of Economic Affairs, the Department of energy, the Ministry of agriculture and food, and of the Institute of soil science, agrotehnologii and protection of plants "Nikola Poushkarov" in the structure of the agricultural Academy. "

§ 9. In art. 40 the following endorsements are added:

1. In paragraph 8. 1 create item 9 and 10:

9. "stops the procedure for change of status of agricultural land when there are issues related to health, construction and other requirements or restrictions provided for by law, until their clarification;

10. Authorizes the temporary use of agricultural land, under the conditions and in accordance with the regulation for implementation of the law. "

2. in the Al. 3, first sentence, after the words "decisions" is added "validation of playgrounds and trails for design".

§ 10. In art. 42, para. 1 item 5 is repealed.

§ 11. In the additional provisions the following amendments and additions:

1. § 1 para. 2 is repealed.

2. In paragraph 2:

(a)) in the Al. 2, the words "existing buildings shall pay in addition to the value of the land" shall be replaced by "object" paid;

(b)) is hereby set up al. 3:


"(3) When the land on which the construction, is a State or municipal property within the meaning of art. 10 (b), para. 5 of the law on ownership and use of agricultural land and have paid the amounts referred to in para. 2, the owner of the object can acquire ownership of the land changed designation in its market price by order, determined by the regulation for implementation of the law. "

Transitional and final provisions

§ 12. Initiated prior to the entry into force of this law on the coordination of procedures for reclamation project completed in the previous row.

§ 13. In the law on ownership and use of agricultural land (official SG 17 of 1991; Corr, no. 20 of 1991; amend., 74/1991, no. 18, 28, 46 and 105 of 1992 No. 48 of 1993; Decision No. 12 of the Constitutional Court from 1993 – No. 64 of 1993; amend., no. 83 of 1993 , PC. 80 of 1994, PCs. 45 and 57 of 1995; Decision No 7 and no 8 Decision of the Constitutional Court from 1995 – PCs. 59 of 1995; amend., SG. 79 of 1996; Decision No 20 of the Constitutional Court of the 1996 – PCs. 103 of 1996; amend., SG. 104 of 1996; Decision of the Constitutional Court No. 3 of 1997 – PCs. 15 of 1997; amend., SG. 62, 87, 98, 123 and 124 of 1997, PCs. 36, 59, 88 and 133 of 1998, PCs. 68. Since 1999, St. 34 and 106 of 2000 PCs. 28, 47 and 99 of 2002, PCs. 16 of 2003, PCs. 36 and 38 of 2004, PCs. 87. Since 2005, PCs. 17 and 30, 2006, issue. 13, 24 and 59 since 2007, PCs. 36 and 43 of 2008., PCs. 6, 10, 19, 44, 94 and 99 from 2009, PCs. 62 by 2010, PC. 8 and 39 from 2011, issue. 25 and 44 by 2012 PCs. 15, 16 and 66 by 2013, PCs. 38, 49 and 98 by 2014 and PCs. 12, 14, 31 and 61 by 2015.) make the following changes and additions:

1. In art. 37 in:

(a)) in the Al. 4, second sentence, the word "order" is replaced by "the arrays for use may";

(b)) paragraph 13 shall be replaced by the following:

(16) the Director of the Regional Directorate for agriculture after the entry into force of the order under paragraph 1. 4 submit a request to the City Council for the provision of properties – Polish roads falling into arrays for use, at a price to the amount of average annual petitive payment for land. The Municipal Council shall adopt a decision within one month of the filing of the request. Within 7 days of the entry into force of the decision, the Mayor issued an order, which shall be published on the website of the municipality. Within one month of the issue of the order the users imported in the bank account of the municipality for the amount of use the Polish roads and conclude contracts for the marketing year concerned, the Mayor of the municipality. When within one month of the request the Municipal Council has not taken a decision, the Director of the District Department of agriculture determined by order price of properties – Polish roads, in the amount of average annual petitive payment for land. The order is announced at City Hall and in the building of the municipal Agriculture Office and shall be published on the website of the municipality and the Regional Directorate for agriculture. On the basis of the amount imported users in the bank account of the municipality within one month of the issue. "

2. In art. 37 a:

(a)) in the Al. 1 paragraphs 1 and 2 shall be read with the following adaptations:

"1. the size and location of the measure, the pastures and meadows for General and personal watercraft;

2. rules for the use of the property referred to in paragraph 1. ';

(b)) in the Al. 2:

AA) the text before point 1 shall be replaced by the following: "the rules for the use of property under para. 1, item 1 include: ";

BB) in item 2, 3, 5, 7 and 12, the words "measure and the grasslands ' are replaced by ' measure, pastures and meadows";

in) in the Al. 4:

AA) in the text before item 1 the words "measure and the grasslands ' are replaced by ' measure, pastures and meadows";

BB) in paragraph 2, the words ' Mary and pastures "are replaced with" Mary, pastures and meadows ";

BB) in paragraph 3 the words "measure and the grasslands ' are replaced by ' measure, pastures and meadows";

(d)) in the Al. 5, the words ' Mary and pastures "are replaced by" Mary, pastures and meadows ", and the words" measure and the grasslands ' are replaced by ' measure, pastures and meadows ";

(e)) paragraph 7 shall be repealed;

f) in para. 8 the words "measure and the grasslands ' are replaced by ' measure, pastures and meadows".

3. § 2 of the supplementary provisions:

a) paragraph 1 shall be repealed;

(b)) in the Al. 2, the words "and odd-toed ungulate" are deleted and then added "and the horses".

§ 14. (1) within 5 years of the entry into force of this law the land under art. 19, para. 1 of the law on ownership and use of agricultural land shall be provided by the municipal councils only under the conditions of § 27 para. 2 of the transitional and concluding provisions of the law amending and supplementing the law on ownership and use of agricultural lands (SG. 62 by 2010), as well as for the implementation of projects of technical infrastructure and other projects, for which, pursuant to a law allowing involuntary alienation.

(2) within 5 years of the entry into force of this law the land under art. 19, para. 1 of the law on ownership and use of agricultural land may not be the subject of other disposal transactions other than those referred to in paragraph 1. 1.

§ 15. In the law on Forests (official SG. 19 of 2011; amend., SG. 43 from 2011, issue 38, 60, 82, and 102 from 2012, issue 15, 27, 66 and 109 from 2013, 28, 53, 61 and 98 by 2014 and PCs. 60 and 79 by 2015) the following amendments and additions:

1. In art. 43, para. 3 item 4 is created:

"4. to place the portable sanitation and storage space needed for aquaculture and related activities for entities registered in the integrated information system of the Bulgarian Agency for food safety – of persons who own or have rights to use the sites and facilities for breeding and rearing fish and other water organisms are registered under art. 25 of the law on fisheries and aquaculture and are authorised under art. 46, para. 1, item 2 of the law on the waters – for the duration of that authorisation, but not exceeding 10 years; the given area may not be greater than one acre. "

2. In art. 43A:

a) a new para. 3:


(3) paragraph 1 shall not apply where the rental property is for sporting activities or provide areas to one acre. ";

(b)) the current al. 3 it al. and 4 shall be replaced by the following:

"(4) for the free space remaining after the rental, subject to para. 1 and 3, shall apply the procedure under art. 43. "

3. In art. 79:

(a)) in the Al. 1 creating the second sentence: "a person shall submit an application to purchase within one year of the entry into force of the Act to change the destination. ';

(b)) in the Al. 2 in the text before paragraph 1, after the words "carried out" insert "by order";

in Al are created.) 8, 9 and 10:

(8) the right of a person to purchase property with changed purpose shall be extinguished when:

1. the purchase application is not submitted within the time limit referred to in paragraph 1. 1, second sentence;

2. the purchase price is not paid within 6 months from the entry into force of the order for sale of land property.

(9) in the cases referred to in para. 8 the Minister of agriculture and forests issued an order for their coverage of the property as a forest area that is reported under the administrative code. A copy of the order shall be sent to the relevant State enterprise, regional forest Directorate and the Office of Geodesy, cartography and cadastre or the Municipal Office for agriculture to map changes in the cadastral map or a map of restituted property. Within 6 months from the entry into force of the order, the competent authority of the territory hereby repealed or amended the Act, which is an established the detailed plan.

(10) paragraph 1 shall not apply in the event of a change of use of land plots in forest areas for concessions for the extraction of natural resources. "

4. In art. 111 Al is created. 9:

(9) paragraph 8 shall not apply to the use of wood from forest areas, which are managed and administered by the forest Association under art. 183. "

§ 16. (1) the land property in forest territories, whose purpose was changed after 9 April 2011 pending the entry into force of this Act and for which the price has been paid within the prescribed period, be sold to the person at whose request has become a change of purpose. The person shall submit an application to purchase within one year of the entry into force of this law.

(2) the right of a person to purchase property with changed purpose shall be extinguished when:

1. the purchase application is not submitted within the time limit referred to in paragraph 1. 1, second sentence;

2. the purchase price is not paid within 6 months from the entry into force of the order for sale of land property.

(3) in the cases referred to in para. 2 the Minister of agriculture and forests issued an order for their coverage of the property as a forest area that is reported under the administrative code. A copy of the order shall be sent to the relevant State enterprise, regional forest Directorate and the Office of Geodesy, cartography and cadastre or the Municipal Office for agriculture to map changes in the cadastral map or a map of restituted property. Within 6 months from the entry into force of the order, the competent authority of the territory hereby repealed or amended the Act, which is an established the detailed plan.

§ 17. Wooded and agricultural land are samozalesilite under § 72 of the transitional and concluding provisions of the law on the amendment and supplement of the revoked law for forestry (promulgated, SG. 43 of 2008; amend., SG. 54 of 2008; the Decision the Constitutional Court No 4 of 2008 – No. 63 by 2008; amend., SG. 91 of 2008 and no. 80 of 2009.) for which the date of the entry into force of this Act are not issued orders for their inclusion in the State forest fund and which have not been handed over to the municipalities by the procedure of art. 19 of the law on ownership and use of agricultural lands are included in the forest territories – Government property, by order of the Minister of agriculture and food.

§ 18. The law on renewable energy sources (official SG. 35 from 2011; amend., SG. 29 and 54 by 2012, 15, 59, 68 and 109 in 2013, no. 33 by 2014; No. 13 Decision of the Constitutional Court by 2014 – No. 65 from 2014; amend., SG. 14, 17, 35 and 56 by 2015) in art. 18, al. 7, the words "and owns a number of registered animals or poultry manure from the producing 1 kWh electricity per day as follows:" shall be replaced by the words "and for each kW installed capacity for the production of electric energy from animal manure has the required number of registered animals and birds, such as priravnenieto to 1 kW installed capacity is as follows:".

§ 19. The law amending the law on energy (SG. 56 by 2015) in § 20 of the transitional and final provisions, the words "1 July 2016 ' are replaced by ' 1 January 2016".

The law was passed by the National Assembly-43 on December 4, 2015, and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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