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 11/05/2011 number/year Official Gazette 39/2011 Decree No 103

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 the HLI 11 May 2011

Issued in Sofia on May 17, 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

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 by 2010 and PC. 19 of 2011.)

§ 1. In art. 2 make the following amendments and additions:

1. a new paragraph. 4:

(4) construction in agricultural land without changing their purpose may be effected for greenhouses, and for entities whose functions are related to the agricultural use of the land – subject to the conditions and in the order specified by an Ordinance of the Minister of agriculture and food and the Minister of regional development and public works. "

2. The current paragraph. 4 it al. 5.

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

1. In paragraph 8. 1, paragraph 1, after the words "50 acres" is added "from the fifth to the tenth grade or is not irrigated.

2. in the Al. 4, the words "and a member of the Commission for agricultural land or expert of the Ministry of agriculture and food" shall be deleted.

§ 3. Art is created. 17A: "art. 17. (1) the Change of use of agricultural land for non-agricultural uses may be allowed for:

1. construction of objects of the technical infrastructure for the purposes of spatial planning act;

2. create new or expanding the borders of the existing metropolitan areas (cities and local entities);

3. create or expand the boundaries of the separate estate planning beyond the borders of the existing metropolitan areas (cities and local entities).

(2) does not require a change of function of agricultural land for the construction of linear objects of technical infrastructure, when they are not located on the surface of the ground. In these cases, validate the only route an object. "

§ 4. In art. 18 the word "playgrounds" is replaced by "and/or" route.

§ 5. In art. 20 a, para. 2 is hereby amended as follows:

1. In the first sentence the words "7 days" is replaced by "30 days".

2. The second sentence shall be replaced by the following: "the positive solution is the basis for the issue of a permit for the elaboration of a detailed plan, under the conditions and in accordance with the law on spatial planning."

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

1. Paragraphs 1 and 2 shall be read with the following adaptations:

"(1) for each object that is proposed to be built or expanded on agricultural lands is determined necessary playground with a detailed plan for the project and, for linear objects of technical infrastructure-route preliminary draft under art. 126, para. 6, item 1 of the law on spatial planning. For the determination of the landings and routes are required and enforceable decisions or opinions, issued in accordance with Chapter vi of the law on the protection of the environment and of art. 31 of the law on biological diversity.

(2) Simultaneously with the main site or route lay down the necessary ancillary and additional sites and trails to provide transport access through time with durable pavement, for electricity supply, water supply, collection or disposal of wastewater, land for temporary use and others, relating to the installation and/or use of the site. "

2. a new paragraph. 3:

"(3) for the objects for which the transport takes place on agricultural access roads and providing activities related to the use of transport machinery with dimensions or other technical specifications other than those provided for agricultural roads, change of land use for the road shall be carried out in the normal manner at the same time as the main entity."

3. The current paragraph. 3 it al. 4 and finally a comma and add "and in other cases established by the regulation for implementation of the law".

4. a para. 5:

"(5) When required for sites offering at least two stations or routes, sites are determined by a preliminary draft of the detailed plan, and routes for linear objects of technical infrastructure – with a preliminary draft with variants of the route under art. 126, para. 6, item 1 of the law on spatial planning. "

§ 7. In art. 23 is made the following changes and additions:

1. The current text becomes paragraph 1 and the words "for State and municipal needs" shall be deleted and the figure ' 100 ' is replaced by ' 500 '.

2. Al are created. 2 and 3:

"(2) in the construction of a national entity within the meaning of the law on State-owned or municipal entity of paramount importance within the meaning of the spatial planning act para. 1 does not apply.


(3) the establishment and/or extension of facilities for the production of electricity from renewable energy sources, using photovoltaic (solar) systems, except in cases where the production of electrical energy is used for own use is permitted on non-irrigated farmland from fifth to tenth grade or nekategoriziruemi. "

§ 8. In art. 24 is made the following changes and additions:

1. Paragraph 1 shall be amended as follows:

(1) after the notification by the procedure of art. 24 and for the decision on the approval of the final site or track the owner of the land or the investor on the site, submit a detailed plan for the designated site or parcelarniâ plan for the designated route for approval, under the conditions and in accordance with the law on spatial planning, which demonstrate the specific size and boundaries of the land. "

2. in the Al. 2:

a) in the first sentence the word "approved" is replaced by "in force" and after the words "the investor" insert object "or the person who has the right to build in foreign property";

(b) in the second sentence) the words "14 days" is replaced by "30 days".

3. Create a new para. 5 and 6:

"(5) the decision on the change of function of agricultural land loses legal action when:

1. within three months of notification by the procedure of art. 24 and has not paid the fee under art. 30, or

2. within three years of the entry into force of the decision on the change of status was not requested the issuance of a building permit on the site, or

3. in a 6-year period from the entry into force of the decision to change the function of the object construction has not started.

(6) when building sites for State and municipal needs, for which otčužditelni Al procedures. 5 does not apply. "

4. The current paragraph. 5 it al. 7.

5. The current paragraph. 6 it al. 8 and in her words "para. 5 ' shall be replaced by "para. 7. "

§ 9. (A) article 24 is amended as follows:

"Art. 24. Decisions under art. 22, para. 1 and art. 24, para. 2 commissions under art. 17, al. 1 shall be notified pursuant to the administrative code of the interested persons and may be appealed under the conditions and pursuant to the same code. "

§ 10. In art. 25 the following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) the first sentence shall be replaced by the following: "a copy of the decision to change the designation of agricultural land for non-farming needs to be issued to the applicant upon submission of a copy of the application and document for paid fee for the coverage of the decision in the cadastral map in map of restituted property.";

(b) in the third sentence) the words "para. 5 ' shall be replaced by "para. 7. "

2. in the Al. 2, after the word "owner" comma, add "of the investor or of the person who has the right to build in foreign property" and a comma.

3. Al are created. 3 and 4:

"(3) a copy of the decision to change the designation of agricultural land for non-agricultural needs shall be sent by the Committee under art. 17, al. 1 the municipal administration in the location of the property and to the competent Directorate of the Ministry of agriculture and food.

(4) the Minister of agriculture and food, published on the website of the Ministry Commission decisions for the agricultural land under art. 40. the Director of the District Department of Agriculture "published on the website of the Regional Directorate decisions taken by the Commission under art. 17, al. 1, item 1. "

§ 11. In art. 26 the words "para. 5 ' shall be replaced by "para. 7. "

§ 12. In art. 27, al. 2 all over the words "one year" shall be replaced by the words "three years".

§ 13. Article 29 shall be amended as follows:

"Art. 29. (1) the change of use of agricultural land by the State or by the municipal land fund, needed to build the technical infrastructure objects or other objects of persons to which the sale or establishment of the right of construction or easements on State and municipal property shall be carried out without auction or competition by virtue of law, may be carried out on their behalf after the decision for the prior consent of the Minister of agriculture and food Accordingly, the Municipal Council for the elaboration of a detailed plan, on the basis of an application filed by them. With the decision the Minister of agriculture and food, respectively Municipal Council determines the term of validity of prior consent.

(2) an application under subsection. 1 shall apply:

1. a copy of the registration document or a single identification code according to art. 23 of the law on the commercial register, if the applicant is a legal person or sole proprietor, or a copy of the ID when the applicant is a natural person;

2. map material with a sketch of the project reflected available sites or routes in the property of the State Land Fund with coordinates of čupkite;

3. preliminary studies (feasibility).

(3) After approval of the playground (route) and upon a detailed plan for the lands in the Al. 1 the Minister of agriculture and food or an official authorised by him, according to the Municipal Council sells land or establishing limited real rights or easements on them.

(4) except in the cases referred to in paragraph 1. 1 change of use of agricultural land by the State or by the municipal land fund for the needs of the natural or legal persons may be carried out once persons acquire them in their property or be formed right on them or easements. "

§ 14. In art. 30 is made the following changes and additions:

1. In paragraph 8. 1, the first sentence after the word "land" a comma and add "when it is not from the municipal land fund".

2. a new paragraph. 2:


"(2) in the event of a change of function of agricultural land from the municipal land fund, including in the cases under art. 29, para. 3 and 4 for the lands of the municipal land fund, shall pay a fee specified by the local City Council. "

3. The current paragraph. 2 it al. 3 and after the words "under para. 1 "insert" and 2 ".

4. a para. 4:

"(4) is not a charge under para. 1 and 2 of the State and of the municipalities, when changing the designation of agricultural land by the State or by the municipal land fund for the public State or public municipal property.

§ 15. In art. 34, para. 1 and 2, the words "cancelled" are replaced by "loses legal effect".

§ 16. In art. 35 following amendments and supplements shall be made:

1. In paragraph 3 the word "year" is replaced by "three years".

2. point 4 shall be replaced by the following:

"4. in 6-year period from the entry into force of the decision to change the function of the object construction for State and municipal needs has not started;".

3. an item 6:

' 6. within three months of notification by the procedure of art. 24 and for objects for State and municipal needs is not paid the fee under art. 30. "

§ 17. In art. 36 the words ' issued ' are replaced by ' has been issued ".

§ 18. In art. 37 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) For the proposal to repeal or amending the decision to change the designation of agricultural land shall inform the owner of the land, the person who has the right to build in foreign property, or an investor under the administrative code. Within 14 days of notification, the person may submit a written response. "

2. Paragraph 3 shall be repealed.

3. a para. 4:

"(4) in the cases under art. 35, item 1 do not allow extension of the period of validity of the decision. "

§ 19. In art. 38 following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "by his admission" shall be replaced by ' of the expiry of the time limit under art. 37, para. 2. "

2. in the Al. the words "for the land paid fees under art. 30 are restored, and "are replaced by" for State or municipal needs. "

3. a para. 4:

"(4) in case of cancellation of the decision on the change of land use, as well as in the cases under art. 24, para. 5, item 2 and 3, the paid fee under art. 30 is not recovering. "

§ 20. In art. 39 al. 2 shall be amended as follows:

"(2) 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 finance, the Ministry of environment and waters, Ministry of economy, energy and tourism and the Ministry of agriculture and food. If necessary, in the meetings of the Commission may participate, and representatives of other interested government departments. "

§ 21. In art. 40, para. 1 make the following amendments and additions:

1. In paragraph 2, after the words "over 50 acres" is added "for agricultural lands from first to fourth grade or irrigation" and a comma.

2. In paragraph 3, the words "established a general-site" shall be replaced by ' in force detailed plan ".

§ 22. In art. 41 the following modifications are made:

1. In paragraph 8. 1, the words "of $120. up to 2,000 LEVs. "shall be replaced by ' of 500 to 5000 LEVs.".

2. in the Al. 2 the words "from 240 EUR up to $4000. "shall be replaced by ' of 1000 to 10 000 BGN.

3. Paragraph 3 is replaced by the following:

"(3) A legal person shall receive financial penalties representing in size from 1000 to 10 000 BGN, and for repeated infringement – from 2000 to 20 000 LV."

§ 23. In art. 42 following amendments and supplements shall be made:

1. In paragraph 8. 1:

and in the text) before item 1, the words "from 180 EUR up to $2400. "shall be replaced by ' of 500 to 5000 LEVs.";

b) a new paragraph 1:

1. issue an order approving a detailed development plan or plotting a plan on farmland without having a solution for a well-established playground (route) to the design of an object, by the committees established under art. 17, al. 1; "

in the past) items 1 and 2 shall become paragraph 2 and 3;

d) existing paragraph 3 becomes paragraph 4 and shall be amended as follows:

"4. notifies the municipal administration for the shift in the cases provided for in the law;"

(e)) the current item 4 becomes item 5.

2. in the Al. 2 the words "from 360 EUR up to EUR 5000 "are replaced by" of 1000 to 10 000 BGN.

§ 24. In art. 43 the following modifications are made:

1. In paragraph 8. 1, the words "of $120. up to EUR 960. "shall be replaced by ' from 250 to 2000 BGN.

2. in the Al. 3 the words "from 180 EUR up to $720. "shall be replaced by ' of 500 to 1500 EUR".

§ 25. In art. the following 44 amendments:

1. Paragraph 1 shall be amended as follows:

"(1) the infringement is established by an act of the officials designated by the Minister of agriculture and food, and in the case of violations of land from the municipal land fund, as well as in the cases under art. 41 a, para. 1 – by officials appointed by the Mayor of the municipality. "

2. in the Al. 2 the word "authorized" is replaced by "empowered" and after the word "person" is added "respectively by the Mayor of the municipality or of the authorized officer thereof".

3. a para. 4:

"(4) the fines and pecuniary penalties in criminal decrees issued by the Mayor of the municipality or of the authorized official thereof, act in the municipal budget."

§ 26. In § 1 of the additional provisions are made the following amendments and additions:

1. The current text becomes paragraph 1 and in it:

a) point 3 is replaced by the following:

"3." Plotting "plan is a detailed plan for linear objects of technical infrastructure outside the urban areas within the meaning of the law on spatial planning, in which the change of status, expropriation and/or limiting ownership of the land property.";

(b)) are point 8, 9 and 10:


"8." a person who has the right to build in foreign property "is the person to whom it was established right of construction, or the person to whom the right to build in foreign property defined by law or is granted on the basis of a written agreement with the owner of the land property, inscribed in the relevant property in the land registry office.

9. "person concerned" is the owner of the land, the person with the right to build in foreign property investors who have made a request for validation of site/route and/or change of land use.

10. "Irrigation" is agricultural land, which is located in an area served by irrigation system or irrigation systems field, or it may be soaked from a natural water source, allowing the building of water under gravity in the property. "

2. a para. 2:

"(2) the Minister of agriculture and food is a contracting authority within the meaning of art. 161, para. 1 of the law on spatial planning and the person concerned within the meaning of art. 124, para. 3 of the same law in the acquittal of funds under art. 8, al. 2. "

Transitional and final provisions

§ 27. (1) validation procedures of the Unfinished playground and/or layout and design to change the designation of agricultural land shall be reversed in the current row.

(2) to be considered unfinished procedures by which proposals for approval of site and/or layout and design to change the designation of agricultural land are filed in the Ministry of agriculture and food or the relevant regional Directorate for agriculture until the entry into force of this law.

 (3) where, at the entry into force of this law, the decision to change the designation of agricultural land is not waived under art. 35 by an administrative act or by an act of the Court, it retains its action within the following time limits:

1. until the end of the three years of its entry into force – when the procedure for expropriation of land for State or municipal needs is not started, or

2. until the end of the 6-year period from its entry into force – when the construction of the object has not started.

§ 28. (1) within three months of the entry into force of this Act, the Minister of agriculture and food and the Minister of regional development and public works issued the Ordinance under art. 2, al. 4.

(2) the granting of the Ordinance referred to in para. 1 shall apply Regulation No. 2 of construction in agricultural land (SG. 48 since 1998), in so far as they do not contravene this law.

§ 29. 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; Pešeniâ No 7 and 8 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 and PC. 8 of 2011.) make the following changes and additions:

1. In art. 4, al. 2, after the words "the territory" insert "and the law for the protection of agricultural land.

2. In art. 41:

(a)) in the Al. 1 the words "designated officer" shall be replaced by "certain officials" and after the word "Governor" shall be inserted "and for violations of municipal lands from the Land Fund, from the Mayor of the municipality";

(b)) in the Al. 2 Add "respectively by the Mayor of the municipality or an official designated by him";

in) in the Al. 3, after the word "fines" there shall be added "and penalties" and add ", respectively, in the budget of the municipality".

3. In paragraph 2 (g) of the additional provisions in the end a comma and add "except for the territories in which the ownership of agricultural land has been restored in old cadastral or komasacionni plans".

§ 30. In the law for local taxes and fees (published, SG. 117 of 1997; amend., SG. 71, 83, 105 and 153 of 1998 No. 103 of 1999, no. 34 and 102 of 2000, 109/2001, no. 28, 45, 56 and 119 in 2002 and 84/112 since 2003, issue 6, 11, 36 70 and 106 in 2004, PCs. 87, 94, 100, 103 and 105 of 2005, St. 30, 36 and 105, 2006, issue. 55 and 110 since 2007, PCs. 70 and 105 of 2008, PCs. 12, 19, 41 and 95 of 2009, PCs. 98 of 2010 and PC. 19, 28, 31 and 35 of 2011.) in art. 10, para. 1 Add and change of land use, where required in accordance with a special law.

§ 31. 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 and PC. 8 and 19 of 2011.) make the following changes and additions:

1. Article 9a is hereby repealed.

2. Article 9 (b) is repealed.

3. Article 9 shall be repealed.

4. Article 9 shall be repealed.

5. In art. 96, para. 1, after the words "composed of" added "employees in the Executive forest Agency and its structures that occupy the position that requires lesov″dsko education" and a comma.

The law was passed by the National Assembly 41-Otto on May 11, 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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