Law Amending And Supplementing The Law On Forests

Original Language Title: Закон за изменение и допълнение на Закона за горите

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Name of law Law amending and supplementing the law on forests Named Bill a bill amending and supplementing the law on Forests adopted 13/03/2014 number/year Official Gazette 28/2014 Decree No 55

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 HLIÌ National Assembly on 13 March 2014.

Issued in Sofia on 25 March 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

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 and PCs. 15, 27, 66 and 109 by 2013)

§ 1. In art. 63, para. 9 item 1 shall be amended as follows:

"1. in the budget of the Executive Agency for the forest – forest territories – Government property;".

§ 2. In art. 71, para. 5 item 1 shall be amended as follows:

"1. in the budget of the Executive Agency for the forest – forest territories – Government property;".

§ 3. In art. 93, para. 2 item 3 is created:

"3. in the cases under art. 88, para. 5, item 5. "

§ 4. In art. 94, para. 1, after the words "carried out by" insert "State forest farms, public hunting grounds, training-experienced forest farms, specialised territorial units of the Executive Agency for the forests, forestry and municipal structures.

§ 5. In art. 96, para. 3, after the words "Forestry" and "Union" is replaced by a comma and after the words "public hunting grounds" a comma and add "education experienced forest farms and specialized territorial units of the Executive forest agency".

§ 6. In art. 97 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words ' to 7 years "shall be replaced by the words" three years "and the words" 7-year-old "are replaced by" three-year ".

2. in the Al. 2, after the word "program" is a comma and add "or in plan-a statement of change of the type of felling and renewal".

§ 7. In art. 98 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

(2) forest reproductive material may be provided free of charge and the Executive forest Agency for representation. "

§ 8. In art. Al-108. 3 shall be amended as follows:

"(3) the person referred to in paragraph 1. 2, an pozvolitelnoto for logging, control and take measures to prevent and stop illegal actions in carrying out the extraction of wood, as well as for the transportation of residues from logging, in the order determined by the Ordinance under art. 148, para. 11, to the certification of clearing. "

§ 9. In art. 109 make the following amendments and additions:

1. a new paragraph. 2:

"(2) in case of death, as well as in the inability of the person issuing the pozvolitelnoto for logging, to witness the clearing, the Protocol on inspection shall be drawn up by the other person under art. 108, para. 1, determined by: 1. the Director of the State forestry, public hunting area, experimental forestry or the Mayor of the municipality – on forest territories – State or municipal property, as well as those submitted to their management;

2. the Chairman or President of the Forestry Association – on forest territories, organized and managed by the Association;

3. the owner of the forest territory – in other cases. "

2. The current paragraph. 2 it al. 3.

§ 10. In art. 115, para. 1 paragraph 1 shall be replaced by the following:

1. operate and have a seat and address of management in the territory of:

(a)), in which the municipality within the territories of the State-owned forestry or hunting, the use of wood, or

(b) the municipality), where use is made of wood in the forest territories – municipal property, and ".

§ 11. (A) article 116 shall be repealed.

§ 12. In art. 125 following amendments and supplements shall be made: 1. In para. 1 in the first sentence the words "Annually, until the end of February, the Mayor of the municipality issued an order in which" shall be replaced by ' the Prohibition under art. 124 having a warrant issued by the municipality Mayor annually until the end of February, "and in the second sentence of the last comma and add" as well as on the website of the municipality.

2. a para. 4:

"(4) the order under paragraph 1. 1 shall be submitted within up to 10 March in the regional forest Directorate and the regional Inspectorate of environment and waters, in whose territorial scope fall forest territories. "

§ 13. In art. 127 the following modifications are made:

1. In paragraph 8. 3 the words "Regulation (EC) no 995/2010 (EU) the European Parliament ' shall be replaced by ' Regulation (EC) no 995/2010 of the European Parliament".

2. Paragraph 4 is replaced by the following:

"(4) for the application of Council Regulation (EC) no 995/2010 Customs Agency shall provide the Executive forest agency information on imports of timber and timber products set out in the annex to the regulation. The information contains details of the recipient, the date of importation and the quantity and is provided for each quarter within the 15th day of the month following the period. "

§ 14. In art. 139 following amendments and supplements shall be made:

1. In paragraph 8. 1 in the text before paragraph 1, after the word "territories" is added "which was incorporated right or easement.

2. paragraph 2 is repealed.

3. Paragraph 3 is replaced by the following:

"(3) Gained in the implementation of the activities referred to in para. 1 wood is owned by the person referred to in paragraph 1. 1. "

§ 15. In art. 148 following amendments and supplements shall be made:

1. In paragraph 8. 2:

a) a new paragraph 3:

"3. a document issued by the Manager of the forest Association under art. 183 without payment of a fee – where the activity is carried out by the Association or assigned by it to the territory managed by the Association; "

(b)) the current paragraph 3 becomes paragraph 4.

2. in the Al. 4 Finally, the comma and added "or by the Manager of the forest Association under art. 183. "

3. in the Al. 7. in the second sentence the words "forest roads and" are deleted.

§ 16. In art. 155 para. 5 is repealed.

§ 17. In art. 164 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the area of activity of State-owned forest farms and state hunting grounds shall be determined in accordance with the Decree of the Minister of agriculture and food."

§ 18. In art. 176, para. 1, point 7, the words "means of established easements and right of construction on forest territories – Government property, and" are deleted.

§ 19. In art. 179 al. 2 shall be amended as follows:

"(2) means of Fund" investments in forests "is spent for afforestation, buying forest territories, design and construction of forest roads and transport technical infrastructure, design and construction of techno-fortification facilities, as well as for the implementation of projects co-financed from European programmes.

§ 20. In art. 181 creates al. 7:

"(7) a change to the form of Government under para. 1 is carried out by decision of the Municipal Council. "

§ 21. In art. 196 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) the Executive forest Agency and its bodies carry out a control on the use of biomass produced by the wood which is used for the production of electricity generated from renewable energy sources within the meaning of the law on renewable energy."

2. the Previous para. 2 and 3 become respectively al. 3 and 4.

§ 22. In art. 241 in the second sentence, after the words "hunting grounds" a comma and add "education experienced forest farms and specialized territorial units of the Executive forest agency".

§ 23. In art. 245 point 7 is created:

"7. If deletion of sole trader."

§ 24. In art. 273 creates al. 11: "(11) the timber and timber products, forfeited to the State for violation of Regulation (EC) no 995/2010 shall be provided by the Executive Agency for the forest to use for purposes of public interest within the meaning of § 1, item 22 of the additional provisions of the law for the provision of services."

§ 25. In the transitional and final provisions are made the following amendments and additions:

1. In paragraph 6:

(a)) in the Al. 1 in the first sentence, the words "with the site and regulation plan or with the ring-ground approved" shall be replaced by "with Beltway polygon according to § 13 para. 3 of the rules of procedure for the application of the law on construction planning of settlements (official, no. 76 of 1960; Corr. 96/1960; amend., SG. 92 from 1962; amend., SG. 47 of 1964; Corr, 55/from 1964; amend., SG. 64 of 1965 and OTM., no. 62 of 1973), reflected in the large-scale topographic maps or graphic materials for the creation of the cadastral plan until 1 June 1973. , or specified with site and regulation plan approved "and the second sentence shall be deleted;

(b)) a new para. 2:

"(2) the graphic materials in al. 1 shall be heard by the municipal expert advice on spatial planning and their applicability as supporting documents shall be established by decision of the Municipal Council. The change of ownership of the land property is carried out in accordance with the law on State property. ";

in the past) Al. 2 it al. 3;

d) past al. 3 it al. 4 and in her words "para. 2 "are replaced by" para. 3. "

2. § 15A shall be inserted:

"§ 15A. By 31 December 2014 municipal councils adopted a decision under art. 181, para. 2 to determine the form of management of forest areas-municipal property. "

§ 26. Paragraph 84 of the transitional and concluding provisions of the law amending and supplementing the law on Forests (promulgated, SG. 60 from 2012; amend., SG. 102 of 2012) is repealed.

The law was adopted by the 42nd National Assembly on 13 March 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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