Name of law Law amending and supplementing the law on forests Named Bill a bill amending and supplementing the law on Forests adopted 23/07/2015 number/year Official Gazette 60/2015 Decree No 152
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 and supplementing the law on Forests adopted by the HLÌÌI National Assembly on 23 July 2015.
Issued in Sofia on 31 July 2015.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Hristo Ivanov
LAW
amending and supplementing the law on Forests (promulgated, 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 and PCs. 28, 53, 61 and 98 by 2014)
§ 1. In art. 13 make the following amendments and additions:
1. In paragraph 8. 1, the words "as well as on forest territories – the property of natural persons, legal persons and their associations, with a total land area of their property over 50 hectares" shall be deleted.
2. in the Al. 2, the words "and those owned by individuals, legal persons and their associations, with a total area of up to 2 hectares including" are replaced by "provided for management".
3. in the Al. the words "with a total land area of their property from 2 to 50 hectares" shall be deleted, and after the word "Forestry" is added "plans or".
4. in the Al. 7 the second sentence is deleted.
5. Paragraph 14 shall be repealed.
§ 2. In art. 14 the following amendments and supplements shall be made:
1. In paragraph 8. 1:
and in the text) before item 1, the words "the regional development plans of forest areas, forest" are replaced by "Forest";
b) in paragraph 1, after the words "art. 241 "added al. 1. "
2. a para. 3:
(3) Regional development plans of forest territories are made by traders entered in the commercial register. "
§ 3. In art. 19 Al is created. 5:
(5) access to information in the information system referred to in paragraph 1. 1 is public and its use is free of charge. "
§ 4. In art. 35, para. 5 item 1 shall be amended as follows:
"1. on property owned by natural or legal persons are established mortgage or other real rights;".
§ 5. Art is created. 43A:
"Art. 43. (1) where a rental property in leased forest territories – State and municipal property, which, according to the forestry plan are pasture, grassland or meadow, the term of the lease is not less than 5 years. The tender shall allow applicants who satisfy both of the following conditions:
1. are the owners or users of holdings with livestock grazing within the meaning of the law on ownership and use of agricultural land;
2. objects registered in the integrated information system of the Bulgarian Agency for food safety (BABH);
3. objects are registered on the territory of the municipality in which the property values fall, the subject of the auction.
(2) the district Directorate of BABH provides an extract from the official integrated system for holdings in the territory of the municipality.
(3) the remaining free space be rented out by the order of art. 43. "
§ 6. In art. 54, para. 1, item 3, the letter "e" a comma and add "as well as for the protection of forests against fires.
§ 7. In art. 83 following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "it is established that" shall be inserted after "1 March 1991".
2. in the Al. the words "in writing to the relevant estate owners invited to declare whether they wish to use their properties as agricultural or forest territory" shall be replaced by ' reports pursuant to the administrative code of the owners of the properties concerned the circumstances under para. 1. "
3. in the Al. 4, the words ' of the receipt of the invitation referred to in paragraph 1. 3 "shall be replaced by ' of the communication of the circumstances under para. 1. "
4. Create a new para. 5 and 6:
"(5) when the owner declares in writing to the Executive Director of the Executive forest agency that wishes to use their property as agricultural territory, within three years from the filing of the Declaration it is required to clean up their property from the gorskod″rvesnata vegetation.
(6) Change of use of property under para. 1 as forest territory is carried out by order of the Minister of agriculture and food when the owner:
1. declares that it will use their property as forest area;
2. do not submit a declaration within the time limit referred to in paragraph 1. (4);
3. don't clean up their property of gorskod″rvesna vegetation in the period referred to in para. 5. "
5. The current paragraph. 5 it al. 7 and shall be amended as follows:
"(7) the Minister of agriculture and food, issued an order under subsection. 6 on the basis of a reasoned proposal of the Executive Director of the Executive forest Agency, which contains a description of the size of the properties, type and origin of the Woods. "
6. The current paragraph. 6 it al. 8 and in her words "para. 5 ' shall be replaced by "para. 7. "
7. a para. 9:
(9) Notwithstanding the completion of the inventory under paragraph 1. 1 unfit for agricultural use areas may be included in forest areas under para. 7 and 8 on the basis of a written application by the owner of the property to the Executive Director of the Executive forest Agency. "
8. The current paragraph. 7 it al. 10 and the figure "6" is replaced by "8".
§ 8. Article 84 shall be amended as follows:
"Art. 84. (1) except in the cases under art. 83, where a natural or legal person, the owner of land in agricultural areas, found that his property had acquired the characteristics of forest within the meaning of this Act after 1 March 1991, but wishes to use them as agricultural territory, he shall submit a declaration to the Director of the regional forest Directorate.
(2) shall apply to the request a document of ownership and sketch of the property.
(3) the Director of regional forest Directorate shall appoint a Committee to ascertain the circumstances under para. 1. the Commission shall consist of representatives of regional forest Directorate and the Municipal Office for agriculture. The Commission shall inform the person concerned, or his authorised representative of the date and time at which the field verification is to be carried out on the property.
(4) the Commission shall check on the map the digital forestry through ortofotokarta and in other documents available for the circumstances under para. 1 and shall draw up a report.
(5) where the documents available under para. 4 cannot be established when the properties are acquired the characteristic of forest within the meaning of art. 2, al. 1, item 1, the Commission shall carry out on-the-spot verification to establish the circumstances.
(6) when the owner has declared in writing to the Director of the regional forest Directorate that it wishes to use their property as agricultural territory, and the Commission has established that the data of the Declaration conform to the condition of the property, within three years from the filing of the Declaration it is required to clean up their property from the gorskod″rvesnata vegetation.
(7) where, within the period referred to in paragraph 1. 6 the owner doesn't clean up their property from the gorskod″rvesnata vegetation, applied art. 83, para. 7 and 8. "
§ 9. In art. 85, after the words "para. 6 "insert" and the value of market valuation under art. 79, para. 3. "
§ 10. In art. 88, para. 5 item 5 is repealed.
§ 11. In art. 93, para. 2 item 3 shall be repealed.
§ 12. In art. 94, para. 1, after the words "art. 241 "added al. 1. "
§ 13. In art. 101, para. 3 point 7 is created:
"7. the specific requirements when conducting felling in protective forest areas."
§ 14. In art. 102 following amendments and supplements shall be made:
1. In paragraph 1, the number "60" is replaced by "80".
2. point 2 shall be replaced by the following:
"2. for 50 years in the izd″nkovite forests for conversion into seed;".
3. In paragraph 3 the end is added "and 20 years for the other low standard on fire".
§ 15. In art. 104 following amendments and supplements shall be made: 1. In para. 1:
a) in paragraph 1 the word "lipovite" shall be deleted;
b) a new paragraph 2:
"2. the conduct of logging in forests lipovite naked on an area larger than 2 hectares;"
in the past) that 2, 3 and 4 shall become item 3, 4 and 5.
2. a para. 3:
"(3) it is prohibited to carry out the extraction of timber during the dark part of the day."
§ 16. In art. 105 the following modifications are made: 1. In paragraph 3, the words ' after prescription of the lesozaŝitna station "shall be deleted.
2. point 9 shall be repealed.
§ 17. In art. 108 the following endorsements are added: 1. Al. 1, item 2, after the word "community" shall be inserted "or by the Manager of the municipal forest structure under art. 181, para. 1, item 1.
2. in the Al. 2 Add "under conditions and by an order determined by the Ordinance under art. 101, para. 3. "
§ 18. In art. 109 make the following amendments and additions:
1. In paragraph 8. 2, item 1 "or" Union is replaced by a comma and after the word "Parish" is added "or by the Manager of the municipal forest structure under art. 181, para. 1, item 1.
2. a para. 4: "(4) the period referred to in para. 1 can be extended in case of circumstances preventing the verification of clearing. The extension is made after consultation of the relevant written regional forest Directorate. "
§ 19. In art. 111 following amendments and supplements shall be made:
1. In paragraph 8. 2 in the text before paragraph 1, after the words "art. 241 "added al. 1. "
2. in the Al. 7 item 4 shall be amended as follows:
"4. the forced felling.
3. a para. 8:
"(8) the use of wood in the forests, which are owned by more than one natural or legal person may be carried out only on written notarized consent of at least half of the property owners."
§ 20. In art. 148 create al. 12 and 13: "(12) commercial vehicles, transporting wood and non-wood forest products, as well as mobile objects of art. 206 must be equipped with faulty and operated devices for positioning and tracking their movement (GPS). The procedure for granting access to information on the movement of vehicles is determined by the Ordinance under para. 11.
(13) when the vehicles under para. 1 pass through agricultural areas, the person to whom the document was issued at par. 2, item 1, 3 and 4, shall forward it to the Mayor of the city before the start of the activity. "
§ 21. In art. 160, para. 3, after the words "specialist" territorial unit "is added with a specialty in accordance with the rules of procedure of the unit.
§ 22. In art. 172, para. 1, item 10 is added at the beginning "liable".
§ 23. In art. 188, para. 1, item 1 in front of the words "State forestry" is added "public undertakings" and a comma.
§ 24. In art. 191 following amendments and supplements shall be made:
1. In paragraph 8. 2 the words "forestry hunting or Government ' shall be replaced by" enterprise, including their findings and outside working hours ".
2. in the Al. 3 Finally, there shall be added "or municipalities, in which fall these territories".
§ 25. Article 206 shall be amended as follows:
"Art. 206. (1) the owners and users of the sites in which he processed or that are shipped, are required:
1. to keep a diary for the incoming, revised and the wood;
2. to have the manufacturing mark and the mark with her the object of wood;
3. to build and maintain a system of permanent surveillance of the site, as well as to provide access to the information.
(2) the conditions and procedures for the implementation of the obligations under para. 1 shall be determined by the Ordinance under art. 148, para. 11. "
§ 26. In art. 211 Al is created. 5:
"(5) the period of validity of tickets of transport under para. 1 shall be determined by the Ordinance under art. 148, para. 11. "
§ 27. In chapter thirteen, section II art is created. 213:
"Art. 213. The Executive Director of the Executive forest agency determines by order volume of information on the extraction and transport of wood and non-wood forest products, which is public. The Executive forest Agency provides free access to information. "
§ 28. Art is created. 236:
"Art. 236. (1) persons with secondary education, shall submit an application for entry in the public register under art. 235, as well as persons who are removed from the register pursuant to art. 239, para. 1, item 4 – 9, prior to the submission of an application made before the examination Commission, appointed by order of the Executive Director of the Executive forest Agency.
(2) the terms and conditions of the test and for the issuance of a document of successfully passing an exam is determined by the order under paragraph 1. 1. "
§ 29. In art. 237, para. 1 make the following amendments and additions:
1. a new item 5:
"5. the document for successfully passing examinations in the cases under art. 236; ".
2. Current item 5 becomes item 6.
§ 30. In art. 238, paragraph 4, after the words "art. 239 "added al. 1 "and add" or time limit under art. 239, para. 2. "
§ 31. In art. 239 make the following amendments and supplements: 1. The current text becomes paragraph. 1 and in it:
a) in item 5, the word "two" shall be replaced by "three";
(b) in point 6) Finally a comma and add "established by an act of the competent authority";
in t is created) 9:
9. "when an act of a competent authority has established one of the following infringements of this law or its implementing regulations, performed in the exercise of the activity for which it is registered:
a Carnet is drawn up)-inventory without the stand to be marked for the particular type of logging;
(b)) is committed outside of the pitch marking the numbers borders the property provided for logging;
the Protocol was drawn up) inspection and certification of the clearing with misrepresentation;
d) after compiling and registering in the information system of the Executive forest agency-Carnet described without a legal basis is carried out further marking of trees for logging;
(e)) is issued a ticket from transport temporary storage, which is not covered in the registered plan for technology extraction of wood. "
2. a para. 2:
"(2) in the case of unsubscribing from the register due to circumstances occurred under para. 1, item 5-9 applications received from Iraqi entities shall not be considered for a period of one year after the entry into force of the removal order. At second or subsequent unsubscribe from registry applications for registration shall not be considered for a period of two years after the entry into force of the removal order. "
§ 32. In art. 240, para. 2, after the words "art. 239 "added al. 1 "and the words" item 5, 7 and 8 "are replaced by" item 5 – 9 ".
§ 33. In art. 241 following amendments and supplements shall be made:
1. The current text becomes paragraph 1.
2. a para. 2:
(2) entry in the register under para. 1 it is not mandatory for traders engaged in the activities in development of regional plans for the development of forest territories. "
§ 34. In art. 242 the following endorsements are added: 1. Al. 1 in the text before paragraph 1, after the words "art. 241 "added al. 1. "
2. in the Al. 2:
a) in paragraph 2, after the words "art. 239 "added al. 1 ";
b) in paragraph 3, after the words "art. 245 "added al. 1. "
§ 35. In art. 243 everywhere after the words "art. 241 "added al. 1. "
§ 36. In art. 244, paragraph 4, after the words "art. 245 "added al. 1. "
§ 37. In art. 245 following amendments and supplements shall be made: 1. The current text becomes paragraph. 1 and in it:
(a)) in the text before paragraph 1, after the words "art. 241 "added al. 1 ";
(b) in item 5) the figure "5" is replaced by "3";
in t is created) 8:
"8. where in an act of a competent authority has established one of the following infringements of this law or the regulations for its implementation, carried out in the implementation of activities under art. 241, para. 1:
a) perform logging outside the boundaries of the property, for which the license was issued for logging;
b) perform Izvoz of wood from the clearing, in breach of the requirements of the registered plan technology for the extraction of wood. "
2. a para. 2:
(2) applications shall not be considered for entry in the register of persons, written off due to circumstances occurred under para. 1, item 5 and 8, within one year after the entry into force of the removal order. At second or subsequent unsubscribe from registry applications for registration shall not be considered for a period of two years after the entry into force of the removal order. "
§ 38. In art. 246 following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "art. 241 "added al. 1. "
2. in the Al. 2 the words "art. 239, item 5 and 6 ' shall be replaced by "art. 245, para. 1, item 5, 6 and 8.
§ 39. In art. After the words ' article 247. 241 "added al. 1. "
§ 40. In art. 249, para. 5 item 3 shall be repealed.
§ 41. In art. 262 everywhere after the words "art. 241 "added al. 1. "
§ 42. Art is created. 272:
"Art. 272. On payment of the fine or of the proprietary sanction, within 30 days of the issuance of a criminal person attributed 70 percent of the amount of the fine, according to the proprietary sanction. "
§ 43. In art. 274, para. 1 the following endorsements are added:
1. In paragraph 2, after the word "employee" there shall be added "in State enterprise under art. 163 "and a comma.
2. In paragraph 3, after the word "communities" shall be added "or municipal forest structures".
§ 44. In § 1 of the supplementary provision shall create item 54 and 55:
"54." low standard "are Acacia, bald gab″rovi, m″ždrânovi and gledičievi forests to izd″nkovo resume.
55. "the dark part of the day is:
a) from 18.30 until 6.30 am – for the months of November, December and January;
(b)) from 20.30 hours till 0600 hours – for the months of February, March and April;
in) from 22.00 to 05.00 hours – for the months of may, June and July;
d) from 21.00 to 06.00 hours – for the months of August, September and October. "
§ 45. In § 42 of the transitional and final provisions are made the following amendments and additions:
1. In paragraph 2, the words "article. 115, para. 1, item 2, art. 116, para. 2 and art. 249, para. 5, item 3 "shall be deleted.
2. paragraph 3 shall be inserted: ' 3. Article 115, para. 1, item 2 and art. 116, para. 2, which shall enter into force on 1 January 2018. "
§ 46. Paragraph 78 of the transitional and concluding provisions of the law amending and supplementing the law on Forests (promulgated, SG. 60 from 2012; amend., SG. 102 by 2012 and by 28/2014) is repealed.
§ 47. In annex 2 to the art. 27, al. 3, item 6, "a list of forest nurseries of national importance" create item 26 and 27:
"26." "– village of Lokorsko Lokorsko.
27. "Mandžerin"-ãð. Pirdop. "
Transitional and final provisions
§ 48. (1) persons who have acquired ownership of buildings and/or structures from property of the organisations referred to in § 12 of the transitional and concluding provisions of the law on ownership and use of agricultural lands located in forest area – State property may qualify for a consideration the attached part of undeveloped land.
(2) the use of the adjacent undeveloped area in al. 1 shall take place after the conclusion of the contract of rent pursuant to art. 41 – 46 without conducting the auction.
(3) the persons referred to in para. 1 within three years of the entry into force of this Act may submit an application for the purchase of the adjacent undeveloped piece of land to the Minister of agriculture and food, accompanied with:
1. copy of the identity card or certificate of good standing and BULSTAT register code;
2. documents certifying the ownership of the building;
3. sketch of the property with annotated reference marks;
4. a document setting out the regulatory terrain;
5. report and certificate of evaluation by the order of the Ordinance under art. 86.
(4) the Minister of agriculture and Forests shall issue or refuse to issue an order for sale. Within one month of the entry into force of the order the person pays the due rates, charges, taxes and expenses.
(5) on the basis of the order and the proper document for amounts paid under subsection. 4 submitted by the buyer, the Minister of agriculture and Forests shall conclude a contract of sale.
§ 49. (1) where at the date of entry into force of this Act has outstanding administrative proceedings under § 4 para. 5 of the transitional and final provisions, the Minister of agriculture and food or an official authorised by him by order appoint a Commission for the municipality. The Commission shall be appointed within 6 months from the entry into force of this law.
(2) the Commission referred to in paragraph 1. 1 is in the lineup: President – representative of the Regional Directorate of forests, and members: a representative of the municipal administration, representative of the Municipal Office for agriculture, a representative of the Office of Geodesy, cartography and cadastre of villages which has entered into force cadastral map, and a representative of the State forest, or hunting. For the work of the Commission is drawn up protocol.
(3) the Commission shall draw up the lists of the land property in the territory of the municipality, possessing the characteristic of forest within the meaning of art. 2, al. 1, item 1. In the lists describe the type and origin of the forests and the size of the property or the part of them that has the characteristic of forest.
(4) the lists referred to in paragraph 1. 3 shall include:
1. property or parts thereof, the property of natural or legal persons who, at 1 March 1991 constituted natural or artificially created plantations, but were not reflected as such in the cadastral map or a map of restituted property;
2. the property, which have been restored or acquired under the law on ownership and use of agricultural lands and reflected on the cadastral map or a map of restituted property as agricultural areas, but accounted for natural or artificially created plantations before 1 March 1991;
3. property, State or municipal property, acquired the characteristic of forest.
(5) the Commission shall check the existence of a property under para. 3 and 4 of the territory of the municipality of forestry through the card, digital ortofotokarta, the map of the restituted property, cadastral map or other existing documents.
(6) When the verification under paragraph 1. 5 can not be established whether the properties represent the forests within the meaning of art. 2, al. 1, item 1, the Commission shall carry out on-the-spot check on the actual use of the property within the meaning of art. 9 of the law on spatial planning.
(7) the list under para. 3, recognized by the Protocol for the work of the Committee, shall be declared for a period of two months in a public place in the municipality and in the Councils of settlements to inform the owners of the affected properties.
(8) within one month of the expiry of the period referred to in para. the owners of the properties concerned 7 may make written observations, notes and suggestions to the Commission under para. 1. (9) the Commission shall examine the objections, notes and suggestions of the owners of the properties concerned and shall take a decision within one month of the expiry of the period referred to in para. 8. the decision shall be declared in accordance with para. 7. the Protocol, together with the definitive list of property shall be submitted to the Minister of agriculture and food or the official authorised by him.
(10) the Minister of agriculture and food or an official authorised by him approves the Protocol on al. 9, within three months of its submission or return it to the Commission if they are established breaches of administrative procedure.
(11) within three months of approval of the Protocol on al. 9 the Minister of agriculture and food or authorised by him the officer issued an order to determine the properties of the list under para. 3 as a forest territory.
(12) the order under paragraph 1. 11 shall be communicated to the persons and may be appealed pursuant to the administrative code.
(13) following the entry into force of the order under paragraph 1. 11 a copy thereof shall be sent to the regional forest Directorate and the Office of Geodesy, cartography and cadastre, if the territory has an approved cadastral map, or of the Municipal Office for agriculture for property coverage as forest area in the cadastral map in map of restituted property.
§ 50. Ongoing and outstanding until the entry into force of this law the procedures for entry in the public register under art. 235 completed in the previous row.
§ 51. The provision of art. 111, para. 8 shall not apply to the use of wood from the estate owned by natural or legal persons of whom there are logging mens issued before the entry into force of this law.
§ 52. In the hunting and game management (promulgated, SG. 78 from 2000; amend., no. 26 of 2001 No. 77 and 79 since 2002, no. 88 of 2005 No. 82 and 108 of 2006.64/2007, no. 43, 67, 69 and 91 of 2008, issue 6, 80 and 92 from 2009. , PC. 73 and 89 of 2010, PC. 8, 19, 39 and 77 from 2011, issue. 38, 60, 77 and 102 by 2012 PCs. 15 by 2013; Decision No. 4 of the Constitutional Court by 2013 – St. 62 by 2013) art. 42 (a) is repealed.
§ 53. This law shall enter into force on the day of its publication in the Official Gazette, with the exception of:
1. paragraph 20, which shall enter into force on January 1, 2016;
2. paragraph 25 on art. 206, para. 1, paragraph 3, which shall enter into force on 1 January 2016;
3. paragraph 28, which shall enter into force three months after the promulgation of this law in the Official Gazette.
The law was passed by the National Assembly-43 on 23 July 2015 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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