Amends Decree Law No. 701 Of 1974 On Forestry Development

Original Language Title: MODIFICA EL DECRETO LEY Nº701, DE 1974, SOBRE FOMENTO FORESTAL

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"Article 1.-Introducense, in the decree law |! | No. 701 of 1974 on forestry development, the text of which was |! | replaced by article 1º of Decree Law Nº2.565, of |! | (1979, las siguientes modificaciones: 1) replaced the article 1st by the following: "article 1.-this law is intended to regulate the |! | forestry in fitness flooring preferably |! | forest and degraded soils and encourage afforestation, |! | especially by smallholders |! | forest and that required for the prevention of the |! | degradation, protection and recovery of soils of the |! | national territory. ".

(2) amending article 2 in the following way: to) Reemplazanse the definitions of "afforestation" and |! | " reforestation ", by the following:" AFFORESTATION: the action of populate with species |! | tree or shrub land lacking them, or, |! | being covered with the vegetation, this non-|! | likely to be handled, to constitute a mass |! | tree or shrub for the purpose of preservation, protection or |! | production.

REFORESTATION: the action to repopulate with species |! | tree or shrub, by sowing, planting or handling |! | natural regeneration, a field that has been |! | covered with forest and which has been exploited |! | extractive on October 28, 1974 after. ".

(B) replacements, in the text of the definition of Plan |! | management, the words "Plan" by the phrase |! | " Instrument which meeting the requirements as is |! | set out in this legal body, "; Insert Word |! | " preservation ", followed by a comma (,), between the article |! |" the "and the word"conservation", and that, added to |! | continuation of the expression "resources", the phrase |! | " and its ecosystem ".

(C) Agreganse the following definitions: "forest: site populated with vegetation in |! | prevailing trees and which occupies an area of by |! | the less 5,000 m², with a minimum width of 40 metres, with |! | Crown cover tree that exceed 10% of such |! | total surface in arid and semi-arid conditions and 25% |! | in more favourable circumstances.

SHORT unauthorized: total or partial forest harvesting |! | carried out without registered or approved management plan by the |! | Corporation, as appropriate, in accordance to thing |! | arranged by article 21 of this law, as, |! | also, that short, with management plan |! | previously approved or registered, run in |! | violation of the technical specifications of program |! | short, particularly with regard to interventions in |! | surfaces greater or different than those authorized, or |! | interventions that will remove a percentage of area |! | basal, total or by species, other than the one specified in the |! | management plan.

Desertification: the process of soil degradation of |! | dry arid, semi-arid or sub-humid areas, resulting from |! | the influence of various factors, such as variations |! | climate, human activities or others.

SMALL forest owner: the person who, gathering |! | the requirements of the small producer agriculture, defined in |! | Article 13 of the law Nº18.910, works and owns |! | one or more rustic land, whose surface altogether |! | do not exceed 12 hectares of basic irrigation, according to its |! | equivalence zone, set up in the referred legal text. In |! | Anyway, shall be considered which do not exceed the equivalent de |! | 12 hectares of basic irrigation, those lands having |! | a less than 200 hectares, or 500 hectares surface, |! | When these are located in the regions I to IV, XI, XII, in |! | the commune of Lonquimay in the IX Region and the province of |! | Palena in the X Region. Shall be included among the |! | small forest owners, farm communities |! | regulated by the decree with force of law No. 5 of 1968, of the |! | Ministry of agriculture, indigenous communities governed |! | by law Nº19.253, the communities on Commons |! | resulting from the process of agrarian reform, the societies |! | rainfed constituted in accordance with article 1 of the |! | Decree Law Nº2.247, of 1978, and societies to which are |! | concerns article 6 of law No. 19.118, always, |! | not less than 60% of the share capital of such societies are |! | found in the possession of the original partners or persons |! | having the quality of small forest owners, |! | According to the agricultural and livestock service to certify it.

For the purposes of the application of the table of |! | equivalence of hectares of basic irrigation of the first subsection |! | with respect to forest soils, shall be considered the |! | conversion coefficients corresponding to the soils not |! | arable and soils of mountain range, depending on the location of |! | the premises.

In those regions where there is no category of |! | not arable soils, should be considered the coefficients of |! | indicated conversion for soils of class VI and of the |! | soils with physical limitations or gegraficas for use |! | livestock, depending on your case.

DEGRADED soils: those soils of upland and the de |! | class IV irrigation according to the classification that uses the |! | Internal Revenue Service in the tax valuation of the |! | land to determine the agricultural appraisals, which |! | they are categories of moderate to very severe erosion, |! | likely to be recovered through activities, |! | the use of soil conservation works or practices.

FRAGILE soils: those susceptible |! | severe erosion, due to intrinsic constraints, |! | such as slope, structure, texture, depth, |! | drainage, Rocky or others, duly certified by |! | the competent bodies established the regulations of |! | This law.

LAND QUALIFIED FITNESS PREFERABLY |! | FOREST: those classified as such according to the |! | procedure laid down in title I of this Decree |! | law.

MODERATE EROSION: one in which the soils have |! | clear signs of movement and entrainment of particles of the |! | mantle and grooves.

SEVERE EROSION: one where the soils have a |! | process asset movement and entrainment of particles of the |! | mantle and gullies. ".

(3) repeal article 3.

(4) replace the article 4th by the following: "article 4.-land of fitness qualification |! | preferably forest will be made by the Corporation, |! | at the request of the owner, who will present her |! | together with the indication of the subject area to |! | afforestation. The request may include, in addition, |! | activities of recovery of degraded soils or |! | sand-dune stabilization, and should be accompanied by a study |! | the ground, prepared by an engineer technician forest or |! | agronomist, containing the proposition |! | qualification, the activities that are to be executed, as |! | Likewise, preservation and protection measures by |! | adopt, in accordance with the regulations established in the |! | Regulation.

The Corporation shall be dealt through resolution |! | issued within the period of 60 days from the date |! | entry of the request to the appropriate office. Yes |! | the Corporation is not rejected within the designated time, |! | the request shall be deemed approved. However, the |! | Corporation may establish, for certain times of the |! | year or for certain geographic areas of difficult access, |! | exceeding the designated deadlines, which may not exceed of |! | 120 days.

The Corporation shall issue a certificate which will be |! | valid for all cases in which the law or any |! | regulation required to certify the quality of field of fitness |! | preferably forest. ".

(5) replace the article 5th, by the following: "article 5.-If the resolution of the Corporation |! | It denegare in all or part of the application, the applicant may |! | claim that before the letters civil judge of the |! | jurisdictional territory in which is located the |! | property. If the premise finds located in more than one |! | jurisdictional territory, the Court shall have jurisdiction of |! | any one of them. The claim must be brought within |! | of the period of 30 days from the date of issue of |! | the letter certified by which Corporation |! | notify rejection. Shall for all purposes as |! | domicile of the plaintiff that indicated in the request. The |! | Court will know the claim in accordance with rules |! | incidental, single instance procedure and without |! | further appeal, hearing the parties concerned. You can |! | require a technical expertise when deemed necessary. The |! | judgment shall be dealt, in any case, within the |! | within 60 days, counted from the filing of the |! | claim. ".

(6) repealed article 6.

(7) replace article 8 th by the following: ' article 8.-who have made short no |! | authorized must submit, within the period of 60 days |! | from the complaint, a management plan of |! | reforestation or correction, depending on the case, made by |! | a forest engineer or agronomist specialized.

Without prejudice to other requirements that |! | are designated in the regulations, the management plan must |! | consider the execution of all works of |! | reforestation in a period not exceeding 2 years, counted |! | Since the adoption of the management plan, except that in merit |! | the report of any of the listed professionals, the |! | Corporation authorizes one longer period.
If the resolution of the Corporation denegare, in all or |! | in part, the application of management plan, the requesting |! | You can claim that in accordance with the procedure |! | laid down in article 5. '.

(8) replace the article 9th by the following: "article 9.-the small forest owners |! | they may exempt from presenting the technical studies and the |! | management plans referred to in this decree law, always |! | which to use type which a effect plans or studies |! | develop the Corporation. ".

(9) Introducense the following modifications in the |! | (artículo 12: A) Reemplazanse the first and second subparagraphs by the |! | following: "article 12.-the State, in the period of 15 years, |! | counted since January 1, 1996, issue, by a |! | one time per surface, a percentage of costs |! | net of the activities listed below, de |! | agreement with the specifications indicated in the table |! | costs referred to in article 15, provided the |! | them to run subsequent to the approval of the qualification of land referred to in article 4, |! | where applicable. (Dichas actividades son: a) afforestation in fragile soils, nadis or |! | areas in process of desertification;

(b) afforestation on degraded soils and the |! | These soil remediation activities or |! | sand-dune stabilization;

(c) the establishment of windbreaks curtains in |! | soils of any kind, which are degraded or |! | with serious danger of erosion due to wind action;

(d) forestry that smallholders |! | forest soils of fitness or preferably forestry |! | in degraded soils of any kind, including those |! | plantations with low density for purposes of use |! | silvopastural. In this case, the bonus will be 90% |! | with respect to the first 15 hectares and a 75% |! | of the remaining. In the case of farming communities or |! | indigenous peoples referred to in article 2, the surface |! | maximum by afforested, with access to bonus |! | by this causal, is the result of multiplying the |! | number of Communards by 15 hectares.

The 90% bonus, will be paid 75% of the |! | net costs once verified the arrest and 15% |! | remaining at age 3 from done planting, when is |! | check the establishment

(e) the first pruning and thinning of the coming mass of |! | the forests by smallholders |! | forest, whenever they become within the deadlines that |! | (establezca el reglamento, y f) the forests on degraded soils with |! | slopes greater than 100% the percentage of bonus will be 75% of the |! | (costos para las actividades a que se refieren las letras a), |! | ((b), c) and e), benefit that will be paid together with the |! | bonuses for recovery of degraded soils and |! | sand-dune stabilization, as appropriate. ".

(B) Intercalanse the following third subparagraph and |! | Fourth, new, passing the current third subparagraphs and |! | fourth to fifth and sixth, respectively: "the percentage of bonus on the net costs |! | It will be 90% for the afforestation in the letter f). The |! | from the same mass can be exploited |! | trade only in the form of selective short or |! | protection according to species.

The system of granting of bonuses will be |! | modified if for three consecutive years the amount |! | earmarked for the payment of them exceeded, in currency of the |! | same purchasing value, the total amount of bonus |! | actually paid during the year 1996. Accomplished this |! | condition, public contests for those who apply will be |! | to bonuses for the grounds in letters |! | (((a), b), c) and f) record. However, for whom |! | apply under the grounds listed in subparagraphs |! | ((d) and e), the system of granting of bonuses |! | It will remain unchanged. ".

(C) repeal the penultimate subparagraph.

(D) replace the last paragraph with the following: "the President of the Republic, by Decree |! | Supreme, issued through the Ministry of |! | Agriculture, shall regulate the payment of the aforementioned |! | bonuses and fix the public contest to |! | referred to in the fourth subparagraph.

The agricultural development Institute will establish |! | credit lines link to finance the afforestation of |! | small forest owners, in accordance with the |! | Special rules governing for development than loans |! | grants the Institute. ".

(10) replace article 13 with the following: "article 13.-the land qualified fitness |! | preferably forest with plantations |! | subsidised and native forests, will be exempt from the |! | land tax levied agricultural land. This |! | exemption with respect to bonus forests, cease 2 years |! | after finished the first rotation.

Also, the land shall be exempt from tax |! | covered with forests of protection, understanding as such |! | in fragile soils with equal slopes or |! | exceeding 45% and the next to sources, courses or masses of |! | water intended for the receipt of such water resources. |!| The latter, may cover a strip equal to the width |! | most of the natural channel, which may not exceed 400 |! | meters measured from the edge of the same.

To enforce this exemption the owners of |! | These lands must apply for the corresponding |! | Declaration of protection, founded in a study forest |! | prepared by a forest engineer technician or engineer |! | agronomist, in accordance with the General rules set |! | the rules of procedure. The Corporation shall be dealt on the |! | request within the term of 60 days counted from its |! | presentation. If this is not rejected within the term |! | indicated, the request shall be deemed approved.

Land, plantations and forests referred |! | the preceding subparagraphs shall not be considered for the effects |! | the application of the tax law on inheritance, |! | Appropriations and donations.

The internal revenue service, with the only worthwhile |! | certificate to grant the Corporation, will order the |! | immediate exemption from the taxes referred to in this |! | Article, which will begin to be effective from the date |! | the respective certificate, except for the tax exemption |! | territorial, that shall be applicable from 1 January of the year |! | following the certification.

The internal revenue service shall be entitled to |! | divide the role of valuation in respective, where |! | appropriate and necessary to the tributary system. ".

(11) Introducense the following modifications to the |! | (artículo 14: a) removed, in the first paragraph, the expression "de |! | first category ".

(b) Reemplazanse second and third paragraphs by the |! | following: "However, the people that exploit forests by |! | which are not accepted benefits |! | established in this decree-law, must declare the income |! | effective or presumed for the purposes of the Tax Act to |! | the income according to the provisions of article 20, number |! | (1º, letra b), of the Act, with the exception of the limit of |! | annual net sales which, with respect to products |! | forest from the forest, will be 24,000 units |! | tax per month whereas sales in the form |! | accumulated in a mobile period of 3 years.

Persons who, under the regime of income |! | alleged by his agricultural activity according to the provisions in the |! | Income tax Act, to use the benefits of |! | This decree-law, shall be taxed on the basis of income |! | effective from January 1, commercial exercise |! | following those that exceed the limit of sales is |! | established in the previous paragraph. In any case, will be also |! | apply the other rules of article 20, number 1, |! | (letra b) of the income tax act when the |! | taxpayer perform other farms or fulfil |! | other requirements which, according to this legal precept, hagan |! | mandatory declaration of tax on the basis of |! | effective income. ".

(c) repeal the fourth paragraph.

(12) Introducense, in article 15, the following |! | (modificaciones: A) replacements, in its first paragraph, the sentence |! | " Economy, development and reconstruction "by"Agriculture"; |! | the phrase "stabilization of dunes, planting and management by |! | hectare "by" the subsidized activities of |! | pursuant to the provisions of article 12 ", and the point |! | followed (..) which follows the expression "these costs" by |! | a comma (,) followed by the following text: "such as, |! | acquisition of plants, activities of preparation and fencing |! | land, plantation establishment, tasks of |! | protection and associated overhead costs to the |! | sponsored activities. In the case of small |! | forest owners, will also be advising |! | Professional and the cost of pruning and thinning. ".

(B) add the following final new subsection: "the payment of bonuses corresponding is |! | It will be by the General Treasury of the Republic in the year |! | budget in that they accrued or priority in |! | the following year, properly reset. ".

(13) Reemplazase article 16 with the following:
"Article 16.-The above bonuses in the |! | Article 12 shall be paid each time that the beneficiaries |! | prove the new forested surface or interventions |! | management indicated in the management plan, through a |! | technical study prepared by an engineer or forest |! | agronomist specialized, prior approval of the |! | Corporation. This shall be dealt within a period of 180 |! | days counted from the filing of the application |! | respective if so it does not make it, this application will give |! | by approved.

The beneficiary of subsidies concerning |! | This article will be the owner of the venue, which can |! | transfer them with public or private instrument |! | signed before a notary public. These bonuses |! | they may be charged and received by different people of the |! | owner, provided that accompany the document that |! | the record transfer. The futura card |! | bonus that extend the Corporation for those |! | forest owners who qualify for it, you can |! | become, by his endorsement by the owner thereof, |! | collateral for lending of link |! | intended to finance the activities object of the |! | bonus. ".

(14) replace article 17 with the following: "article 17.-the non-compliance of the management plan |! | for reasons attributable to the owner or to the Forester, will be |! | punished, attended its gravity, with a fine of 5 to 15 U.T.M. |! | per hectare. Be understood always as serious for |! | These effects, breach of the obligation of |! | reforestation and protection measures contained in the |! | plans of management and technical qualification studies |! | Fitness preferably forest land. ".

(15) repealed article 18.

(16) repealed article 19.

(17) article 20 be repealed.

(18) replaced into the second paragraph of article 21, |! | the phrase "with the same species and a density of not less |! | of 50% of the initial of the exploited plantation "by the |! | Next: "with a density that is appropriate to the species occupied |! | in the reforestation according to technical criteria of |! | generally, proposed by the Corporation. ".

(19) Eliminanse, in the final paragraph of article 22, the |! | expression "three years after the date of short |! | or exploitation "and its final paragraph.

(20) added to the third paragraph of article 23, |! | replacing the point apart (..) with a comma (,), the |! | next sentence: "which will have 30 days to do so, |! | after which means granted. ".

21) a) article 24 shall be replaced by the following: "article 24.-Correspondera sanctions and |! | fines laid down in the present Decree-law the judge of |! | local police who is an attorney, with competition in the commune |! | in that it has verified the violation, you will meet |! | in the first instance of allegations that if any you the |! | officials of the Corporation or of Carabineros de Chile.

However, those infringements which imported the |! | application of fines exceeding 5,000 tax units |! | monthly and which were committed within a commune than |! | does not have a judge of local police that lawyer, will be |! | determined by which have their seat in the head city |! | province. ".

(B) add the following article 24 bis: "article 24 bis.-detected a violation of the |! | provisions of this law or its regulations, the |! | officers of the Corporation shall raise a record in |! | which shall be entered the constituent acts of the |! | violation, indicating the day, place, date and time of the |! | diligence inspection, the circumstance of being or not |! | present the so-called offender or his legal representative, as well |! | as the individulizacion of this, his domicile, if this |! | It is possible, and dysfunctional legal norms.

With the merit of the Act referred to in the first subparagraph, |! | the respective Regional Director of the Corporation shall be the corresponding complaint to the Court |! | competent, accompanying copy of the said Act.

The courts referred to in the previous article |! | know allegations that proceedings pursuant to |! | in the law provisions and procedure |! | Nº18.287, except as provided in articles 19, 20 and 21 of |! | the aforementioned law.

In the case of a first offence and if aparecieren |! | favorable background, the Court will reduce the |! | fine applicable 50%. Can also answer to the |! | offender in case of excusable ignorance or good faith |! | proven.

Controls may be carried out through photography |! | air or remote sensors, without prejudice to other means of |! | test. ".

C add the following article 24 bis to): "article 24 bis to)-will be responsible for the compliance of the |! | the owner of the forest management plan, if this is a |! | person other than the owner of the property. ".

((D) add the following article 24 bis B): "article 24 bis B)-officials of the |! | Corporation may only enter the premises or facilities of |! | collection for the purposes of control performance of the |! | law, prior authorisation of the Manager of the Administration |! | of the same.

In the event of a refusal to authorise the entry, the |! | Corporation may apply to the competent judge for relief of |! | the public force, which, by resolution founded and |! | merit of the background provided by the |! | Corporation, may grant it immediately, unless |! | It decides to hear affected, in which case this should be |! | appear within the period of 48 hours, counted from its |! | notice. ".

(22) Agreganse the following new articles: "article 29.-the Corporation may develop standards of |! | management of general application to certain species or |! | forest types, which can adhere the |! | interested.

You can also provide free technical assistance to |! | small forest owners.

Article 30.-in the case of mining concessions, de |! | electric or gas service, the obligation to be |! | regarding article 22 shall correspond to the respective |! | dealer.

The obligations provided for in this Decree-Law |! | for the owner of the property will also affect who |! | What happen in the domain, to any degree.

The Corporation, at the request of any |! | interested, shall certify the fact that a |! | certain property is located or not affection to the |! | provisions of this legal body.

Article 31.-Supervise the Corporation the |! | compliance of the management plans.

Article 32.-Actions to pursue the |! | violations of this legal body will prescribe the time |! | 2 years, counted from the date of the contravention.

Article 33.-The small forest owners |! | they will be affected in any case the system of presumptive income |! | laid down in article 20 of the Act on tax to the |! | Income and not subject to the accounting system |! | forest established in Supreme Decree No. 871, of the |! | Ministries of finance and of agriculture, in the year 1981. |!| Also, they are not subject to the tax rules |! | contained in article 12 of this body of law.

Article 34.-Small forest owners |! | they can organize themselves to take advantage of the benefits offered |! | This law through carried out collective nominations |! | directly or by their organizations.

Article 35.-with the purpose of benefit to the |! | bonus established in this law provide |! | fake or adulterated, history will be sanctioned with |! | Presidio lower in its minimum to maximum.

If the offender had received the bonus, it |! | charged in addition a fine that will be equivalent to triple |! | the amount of money wrongly perceived by such |! | concept, reset according to the variation that experiment the |! | Index of prices to the consumer or the system that thing |! | replace.

It will be competent to hear these sanctions the judge |! | letter that corresponds according to the General rules. ".