Key Benefits:
1021 OF 2006
(April 20)
Official Journal No. 46.249 of 24 April 2006
CONGRESS OF THE REPUBLIC
C-030-08 >
For which the General Forestry Law is issued.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
OBJECT OF LAW, PRINCIPLES, STRATEGIC INTEREST AND PLANNING.
ARTICLE 1o. OBJECT OF THE LAW. C-030-08 > This law aims to establish the National Forest Regime, formed by a coherent set of legal norms and institutional coordination, in order to promote the sustainable development of the sector Colombian forestry in the framework of the National Forest Development Plan. To this end, the law establishes the necessary administrative organization of the State and regulates activities related to natural forests and forest plantations.
ARTICLE 2o. PRINCIPLES AND GENERAL RULES. C-030-08 > In the development of forest policy objectives and strategies, the National Forest Regime is governed by the following general principles and rules:
1. The conservation and sustainable management of its natural forests and the establishment of forest plantations in soils with a forest vocation are declared a national priority and strategic importance for the development of the country. They will execute in harmony with the relevant instruments of International Law of which the Republic of Colombia is a signatory.
2. The uniform submission of all the public institutions of the country participating in the development of the forestry sector, to the norms, strategies and policies, is instituted as an institutional subjection clause to the National Forest Regime. National of this Regime, in the perspective of ensuring the organicity and coherence required as an essential condition to facilitate sustained and growing investment in the forestry sector, providing economic agents and forestry actors in general, a clear and universal framework for legal certainty. This clause operates without prejudice to the autonomy and powers granted by law to environmental and territorial authorities, as well as to indigenous and Afro-Colombian communities.
3. The conservation of the Amazon region and the biogeographical Choco will be the subject of special measures to be established by the National Government, and the decisions will be taken to ensure the effective operation of the provisions of the article 92 of Act 99, 1993.
4. Actions to stop deforestation and illegal logging of forests, as well as to promote the sustainable development of the forest sector, should be adopted and implemented jointly and coordinated between the State, civil society and the productive sector, with a view to equitable access to resources and their integral use, in the framework of the basic requirements for the conservation of ecosystems and their biological diversity.
5. The State will promote the development of the forestry sector as a recognition of the economic, social and environmental benefits that it generates for the country. The development of the forestry sector is declared as a priority national task for the achievement of peace and the coexistence of citizens.
6. The promotion of forestry activities should be aimed at the conservation and sustainable management of ecosystems, the generation of employment and the improvement of the living conditions of rural populations and society in general.
7. The state will stimulate study, scientific research, technical assistance, technology transfer, phytosanitary protection, as well as the rescue, conservation and protection of and traditional . its dissemination, as key elements for the sustainable management of natural forests and the development of forest plantations.
8. Objective of the integral management of natural forests is to maintain a sustainable level of productivity their timber and non-timber forest resources and their environmental services, maintaining substantially the original qualities of their ecosystems and its biological diversity.
9. In order to generate a growing process of voluntary compliance with the legal norms of the National Forest Regime, the State will promote, at the national, departmental and municipal level, the mass dissemination of the importance and values of the forests.
10. The State guarantees the right of indigenous and Afro-Colombian communities to free decision-making, within the framework of the Constitution and the law, with respect to the sustainable forestry activities that they wish to undertake in their territories, in accordance with Law 21 of 1991, Law 70 of 1993, and other complementary rules.
11. Forest plantations, as well as agroforestry systems, play a key role in the production of renewable energy, the supply of raw materials, the supply of environmental goods and services, and the expansion of the supply chain. of forest resources, generation of employment and national socio-economic development, so the state will stimulate its development in lands that do not have natural forest cover.
12. National policy lines will be developed regionally in the light of the particularities of each region. The management of conservation and sustainable management of natural forests must be decentralized and participatory, without prejudice to the institutional subjection clause to the National Forest Regime. In any case, the state will encourage the use of natural forests with clear social, cultural, economic and ecological objectives.
13. Forest plantations for the purpose of protection shall be established or promoted by public, national or regional bodies in spaces that require them for the purposes of soil recovery, watershed protection, plant restoration of protective areas, biodiversity conservation and other environmental services.
14. The State shall establish and regulate the specific forest technical assistance mechanisms required for compliance with this law.
15. The forest flight is recognized as the right holder or owner of a duly registered private forest plantation, to constitute a future plantation, a guarantee with any financial institution. For all legal purposes, trees are understood to be movable property in advance as laid down in Article 659 of the Civil Code.
16. In no case will this law allow treatments other than those enshrined in the legislation in force for protected areas of the Natural National Park System.
17. Ecotourism on forests is recognized as a fundamental strategy for its conservation on the ground and the maintenance of biodiversity and environmental services.
The development of the principles outlined above will be in accordance with the investment priorities contained in the National Development Plan for the respective period, in accordance with the Political Constitution and the Organic Law of the Plan of Development.
ARTICLE 3o. PRIORITY INTEREST AND STRATEGIC IMPORTANCE. C-030-08 > Activities related to the establishment, management and use of forest plantations are declared of priority interest and strategic importance for the Nation. conservation and sustainable management of natural forests and agroforestry systems; the industrialization and/or marketing of forest products and services, as well as forest knowledge and research, in accordance with investment priorities contained in the National Development Plan for the respective period.
INSTITUTIONALITY AND COMPETENCIES.
ARTICLE 4. RESPONSIBILITIES OF THE MINISTRY OF ENVIRONMENT, HOUSING AND TERRITORIAL DEVELOPMENT. C-030-08 > The Ministry of Environment, Housing and Territorial Development, as the governing body for the management of the environment and renewable natural resources, is the (a) attributed to competition for the formulation of the national policy for the sustainable management of natural forests, protection of fragile forests and restoration of degraded forest ecosystems, to which the standards will be issued required for their management, protection, control, administration, conservation and sustainable use.
ARTICLE 5o. RESPONSIBILITIES OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT. C-030-08 > The Ministry of Agriculture and Rural Development, as the governing body for agricultural, forestry and fisheries production, is the competent entity for:
a) Formulate national forest production policy;
b) Exorder required promotion rules, and
c) Promote forest plantations of a producer character through forest cores, as well as forest production through productive chains.
PARAGRAFO 1o. Except for those functions related to forest plantations that have exclusively protective purposes, which are the responsibility of the Ministry of Environment, Housing and Development. Territorial.
PARAGRAFO 2o. The Ministry of Agriculture and Rural Development, within a period not exceeding six (6) months from the time of this law, shall establish the institutional arrangements and mechanisms relevant to the effects provided for by Law 139 of 1994, the relevant tax rules and the other rules amending or replacing them. For this purpose, account shall be taken, inter alia, of institutional coverage, operational capacity and technical suitability.
ARTICLE 6o. REGULATION OF FOREST AREAS. C-030-08 > The criteria for the definition and regulation of forest areas will be defined by the Ministry of Environment, Housing and Territorial Development in coordination with the Ministry of Agriculture and Rural Development and the National Planning Department.
ARTICLE 7o. NATIONAL FOREST COUNCIL. C-030-08 > Create the National Forestry Council as a coordinating and coordinating body for national forestry policy. The Council shall be composed of the following members: the Director of the National Planning Department, the Ministers of Environment, Housing and Territorial Development, Agriculture and Rural Development, Trade, Industry and Tourism, the High Social Action Adviser, or its delegates and two (2) representatives of the Regional Autonomous Corporations and Sustainable Development, one (1) representative of the national productive forestry sector, one (1) representative of the organizations of Forestry Engineering professionals, one (1) representative of the National Council of the Forest Chain, one (1) representative of the national energy mining sector, one (1) representative of the deans of the Forestry Engineering Faculties, one (1) representative of the forest research centers, two (2) representatives of the Indigenous peoples, two (2) representatives of the Afro-Colombian Communities, two (2) representatives of the communities of the declared peasant reserve zones and one (1) representative of the non-governmental environmental organizations.
PARAGRAFO 1o. The Technical Secretariat of the National Forestry Council will be in charge of the management of the National Forest Development Plan, who will convene.
PARAGRAFO 2o. The National Forest Council must meet at least one (1) time every four (4) months and have the power to issue its own regulations. The form of election of the representatives to this Council will be defined by the National Government.
ARTICLE 8o. FUNTIONS. C-030-08 > The National Forestry Council will have the following functions:
1. Advise on the formulation, implementation, implementation and monitoring of the National Forest Development Plan and regional forest development plans.
2. Formulate mechanisms to promote the industrialization and marketing of products from forest and natural forest plantations.
3. Seek to strengthen forest credit programs so that they are timely and appropriate.
4. Act as a space for consultation between the public sector and the private sector to agree on actions, measures and mechanisms to achieve the goals and goals of sustainable forest development set out in the National Development Plan Forestry, in coordination with the concertation function established with the National Forest Chain Council.
5. Analyze and propose mechanisms for coordination and articulation of forest policy with the other sectoral policies of the national economy.
6. Promote the subscription of technical cooperation agreements with companies or agencies, public or private, national or foreign, interested in carrying out forestry activities.
7. To promote the formulation, promotion and development of projects for the sale of environmental services in Colombia and abroad.
8. The others I pointed to the regulation.
ARTICLE 9o. FOREST SPECIAL DEPENDENCIES. C-030-08 > Ministry of Environment, Housing and Territorial Development, Ministry of Agriculture and Rural Development, Institute of Hydrology, Meteorology and Environmental Studies, Ideam, and the Council Director of the Colombian Institute of Rural Development, Incoder, within a period of one year from the sanction of this law, will have to establish within its own organic and human resources structures, the respective special forestry units in order to carry out the functions they are responsible for under the present law.
PARAGRAFO 1o. In the framework of their autonomy, the Regional Autonomous Corporations and Corporate for Sustainable Development, must establish the special forest dependencies referred to in the present Article.
PARAGRAFO 2o. REGIONAL CONTROL AND SURVEILLANCE COMMITTEES. In order to carry out joint efforts and coordinated activities to control the mobilization of forest products, the regional control and surveillance committees, established by the environmental authorities, will be created. The Office of the Prosecutor General, the General Office of the Prosecutor General, the National Attorney General's Office, the National Attorney General's Office, the National Attorney General's Office, the National Attorney General's Office, the National Attorney General's Office, the National Attorney General's Office, the National Attorney General's Office, the National Attorney General's Office territorial. These Committees will be based on existing legislation in this field.
PARAGRAFO 3o. POWERS OF THE MINISTRY OF DEFENSE. The Military Forces, the National Police and the Administrative Department of Security (DAS), will lend support to the environmental authorities, the territorial and community, in defense and protection of the environment and renewable natural resources, and in the functions and actions of control and surveillance provided by Law 99 of 1993
PLANNING.
ARTICLE 10. NATIONAL FOREST DEVELOPMENT PLAN. C-030-08 > The National Forest Development Plan, PNDF, adopted by the National Government will be the guiding framework for the country's forestry development policy. This plan should be updated and implemented through regional, departmental and/or municipal forestry programs and projects, in accordance with the investment priorities contained in the National Development Plan, for the respective period.
PARAGRAFO. In any case, the National Forest Development Plan must consider at least the following aspects:
1. An ecosystem approach to the conservation and sustainable management of biodiversity to forests.
2. Programmes for the management, conservation and restoration of forest ecosystems.
3. Program for the development of productive forest chains.
4. Institutional development programme.
5. A financial sustainability strategy.
ARTICLE 11. PLAN GENERAL FOREST MANAGEMENT. c-030-08 > Regional and Sustainable Development Autonomous Corporations shall establish and approve by administrative act, within a period not greater than two (2) years from the date of this law, the General Forest Management Plan of their respective jurisdictions, including the areas that form part of the forest reserves, as established by this law.
PARAGRAFO. As long as the General Forest Management Plan of each jurisdiction is drawn up and approved, the forest use will be governed according to the existing regulations for this purpose.
FORESTS AND NATURAL FORESTS.
CLASSIFICATION OF FOREST LANDS.
ARTICLE 12. CLASSIFICATION. C-030-08 > For the purposes of sustainable forest management and management, the officially declared land of forest vocation under the legislation of the matter shall be classified by administrative act of the Autonomous Regional or Sustainable Development Corporations, at:
1. Forest protection areas. Correspond to those that must preserve their natural forest cover, in order to protect renewable natural resources and provide other environmental services.
2. Forest production areas. They correspond to those for the production of forest plantations, including degraded and undeclared land for protection. They have the character of production forest lands, for all that suits them, those that are or can legally be destined for other uses, their owners voluntarily assign to forest plantations or agroforestry systems and while according to the sovereignty of your will do not decide in different.
ARTICLE 13. AREAS OF FOREST RESERVE. C-030-08 > Are forest reserve areas the territorial extensions that, due to the richness of their plant formations and the strategic importance of their environmental services, are delimited and officially declared as such by the State, in order to target them exclusively for conservation and sustainable development.
PARAGRAFO 1o. Within a maximum period of three years from the date of this law, the National Government shall define, consolidate and declare the existing forest reserve areas to conform to the principles of this law. and objectives of this law. According to this exercise, the updated map of the forest reserve areas of the Nation will be developed, and the appropriate measures should be established for effective monitoring and control.
PARAGRAFO 2o. Forest reserve areas may only be declared by the Ministry of Environment, Housing and Territorial Development when they are of national order, and by Regional Autonomous Corporations or Sustainable Development in the case of Forest Reserve Areas of the regional order. The National Government shall regulate the procedure for the declaratory and the corresponding registration. In any case, prior to a declaration of the Forest Reserve Area, the necessary technical, economic, social and environmental studies will be developed, as well as the lifting of a cadastral census of the spaces whose holders are held in the area. acquired rights. Where the expropriation is due to national interest, it shall be determined. under the current valuation criteria on the subject, the monetary value for its acquisition by direct or expropriatory negotiation. For the purposes of the expropriations, the act of declaratory shall record the source of financing.
NATURAL FOREST.
ARTICLE 14. NATURAL FOREST. C-030-08 > For the purposes of this law, natural forest is called the ecosystem composed of trees and shrubs with a predominance of indigenous species, in a given space and spontaneously generated by natural succession.
ARTICLE 15. TYPES OF USE. C-030-08 > The use of timber and non-timber products from natural forests can be:
Domestic. They are the ones that are made exclusively to satisfy basic basic needs and domestic use. Within the associated purposes and to reduce indiscriminate domestic logging and to enhance the sustainable domestic use of forests, the National Government will promote the massive use of energy substitute energy.
Commercial. When it is intended to generate economic benefits from its use, use and transformation, in accordance with the provisions of article 18 of this law.
Scientist. When the end is to advance basic or applied studies or research on forest resources.
Special. They are carried out for the execution of works or activities of national interest that involve the temporary or definitive change of the forest cover. Unless it is a matter declared by law or decree of the National Government, the declaration of national interest shall be carried out by the Ministry of Environment, Housing and Territorial Development.
PARAGRAFO 1o. Special permission compensation. The holder of the special forest use permit shall pay compensation for the use of the competent environmental authority, which shall be calculated on the basis of the direct costs of planting and maintaining an area equivalent to the an area that has been brought in according to the regulations that the Ministry of Environment, Housing and Territorial Development will issue for this purpose.
ARTICLE 16. RIGHTS OF USE. C-030-08 > The ways to acquire the right to use forest in natural forests are as follows:
By law ministry. It is customary, free and non-exclusive use of the natural resources of public domain, which they do without the need for permission by the inhabitants of the national territory to satisfy their elementary needs, those of his family and those of his domestic animals, as soon as legal provisions or rights of third parties are not violated.
By Authorization. Forest harvesting of private property is conditional upon prior authorization to the owner of the land, constituted by the administrative act that grants it, in accordance with the regulations and the subsidiary rules of the matter.
By permission. You are referring to the rights of use in public forests under conditions of duration and volume indicated by the regulation, which are granted directly by the competent environmental authority under of special reasons duly justified in the administrative act which grants them, such as insufficient extension for a concession or others. The rights of use of scientific and special type are also acquired by permission.
Pafforestation. The right of commercial use in public forests of forest production is obtained by concession granted in public tender, whose validity and extension are subject to the short shifts established in the Forest Management Plan, and the results of periodic forest audits, in accordance with the regulation to be issued for the purpose.
In order to guarantee communities the sustainable management of forests, the National Government will establish a reasonable percentage of the public forest production forests of each locality or region, which will be allocated to the concessions to community groups and/or associations, by means of mechanisms to ensure the transparency of the process and equal opportunities for petitioners.
Association. It is the use of public domain forests in areas of forest production through the association agreement between the resource manager or a public entity, and a private.
PARAGRAFO 1o. For the purpose of ensuring the rational use and sustainable use of forest resources (timber and non-timber) in the terms of this law, the rights of exploitation that are They may be subject to suspension or termination for any of the following reasons:
1. For non-compliance with essential sustainability conditions established by law or in the management plan approved by the competent Environmental Authority.
2. For the transgression of environmental standards at a level of gravity that warrants suspension or termination, according to the motivation of the corresponding administrative act
3. To give or allow different uses for authorized forest use, in particular the performance of activities that stimulate or encourage bio-piracy.
4. For the unjustified suspension of the activities related to the right granted for a continuous year.
PARAGRAFO 2o. Tarifa of the assessment, monitoring and monitoring services of forest harvesting rights. The environmental authorities shall charge the assessment services and the monitoring and monitoring services of the forest harvesting rights covered by this Article in accordance with the provisions of Article 96 of Act 633 of 2000.
PARAGRAFO 3o. For concessions, in addition to the value of the assessment, monitoring and control services, the value of the economic consideration for the use of forest resources will be the resulting from the public tender.
PARAGRAFO 4o. Under no circumstances shall they be awarded the right or the possibility to acquire the domain or any other actual right of prescription to the baldias forest land dealers. property of the Nation.
ARTICLE 17. SUSTAINABLE FOREST MANAGEMENT. C-030-08 > For the purpose of the use of forest resources for commercial purposes, sustainable forest management means the process to achieve one or more objectives for the production of a continuous flow of desired forest products and services, without reducing their environmental, social, cultural and economic values, nor their future productivity.
PARAGRAFO. Forest management is sustainable when forest mode and intervention cycles respect the natural regeneration capacity of forests and the requirements for the conservation of their structure, floristic composition and diversity, as well as their soils, bodies of water and faunistic composition in substantially stable population levels. As a result, the rules for the elaboration of the management instruments and for the evaluation of the instruments will have to comply with the principles, criteria and indicators of sustainability or internationally recognized certification schemes.
ARTICLE 18. PROCEDURES AND PROCEDURES. C-030-08 > According to the regulations issued by the Ministry of the Environment, Housing and Territorial Development for this purpose, it is the legal attribution of the Regional Autonomous Corporation or, where appropriate, of Sustainable Development, of the respective jurisdiction, the qualification of applications and the granting of any kind of forest harvesting rights in natural forests, as well as their monitoring and control, in compliance with the principles of transparency, process and review of their administrative acts.
PARAGRAFO 1o. Applications for forest use made prior to the issuance of this law shall be governed by the rules in force at the time of their submission, unless it is appropriate for the applicants to apply the new regulations.
PARAGRAFO 2o. The regulation to be adopted in the field of forest use shall establish at least the following aspects:
(a) The procedures and requirements for applications for forest use;
(b) The time-limits for the procedures to be completed;
c) Technical specifications for the elaboration, review and approval of forest inventories and management plans;
d) The obligations of the holder of the use;
e) The causes of expiration and/or revocation of forest rights;
f) The mediation and solution mechanisms in matters related to the type of utilization,
PARAGRAFO 3o. Except as expressly provided in this law, the administrative violations and sanctions and the proceedings and appeals shall be governed by the provisions of Title XII Sanctions and Police measures, items 83, 84, 85 , and 85 of Act 99, 1993.
ARTICLE 19. FOREST EXPLOITATION BY ETHNIC COMMUNITIES. C-030-08 > It is the exclusive right of Afro-Colombian and indigenous communities to take advantage of the forest resources of their territories, in observance of the legal norms of the conservation and sustainable forest use.
In any case, such use must take the form of prior consultation with the communities involved.
PARAGRAFO. For the effects of the use, management, use of forests and biodiversity in the collective territories of Afro-Colombian communities, after consultation with their community councils and authorities The National Government will regulate within 12 months the provisions of Law 70 of 1993, in particular the contents of Chapters IV and VII.
ARTICLE 20. FOREST MANAGEMENT PLAN. C-030-08 > The commercial exploitation of natural forests is subject to the prior approval of a forest management plan, the same one that, based on the forest inventory, determines the supply and capacity of the forest the resources, as well as the modalities of intervention and forestry practices that will be applied to ensure the sustainable use of the resource. Such a plan shall be drawn up by a forestry engineer, agroforestry engineer or by related career professionals in accordance with the parameters to be determined by the Ministry of Environment, Housing and Territorial Development.
PARAGRAFO 1o. The forest management plan approved by the Regional Autonomous Corporation or Sustainable Development is an integral part of the administrative act that grants the right to use it, being its faithful compliance with the essential requirements for the conservation of this right, in the case of scientific use, the research project has the merit of forest management plan.
PARAGRAFO 2o. The execution of the management plan will be carried out by a forest agent, who is responsible for compliance with the conditions set out in it and the administrative act that approves it. Forest agent recommendations are mandatory for the forest operation holder to serve.
PARAGRAFO 3o. Forest operations that are certified according to an internationally recognized voluntary forest certification system will benefit from the treatment of administrative speed and the special benefits that, For relief from the state monitoring and control burden, they will be determined by the regulation.
ARTICLE 21. MONITORING AND CONTROL. C-030-08 > For the monitoring and control of sustainable forest harvesting of natural forests, the following instruments will be used:
a) Use of use. They are the instruments that, in the capacity of sworn statements on the progress of the implementation of the forest management plan, will jointly issue the holders of the rights granted and the forest agents, according to the specifications. to regulate the Ministry of Environment, Housing and Territorial Development;
b) Supply of raw material supplies. They are the instruments that, according to regulations, will be issued by the processing centers to provide proof that they are exclusively supplied with products from legally granted forest uses. If the products are not legally protected, they will be subject to confiscation and the sale of the illegal products, a fine for triple the commercial value of the seized product and the closure of the establishment for a period of time. between 15 and 60 calendar days, duly justified by the administrative act imposing it;
c) Forest Transport Guide. They are the instruments issued by the competent authority and which support the transport of primary forest products from natural forests. It is presumed to be illegal subtract products subject to confiscation and remate according to regulations, which in their transport, storage, processing and marketing are not covered by these instruments. Vehicles used for the illegal transport of forest products are subject to their confiscation and remate or alternative penalty of fine for triple the value of the seized load, according to duly justified extenuating circumstances. in the administrative act to be determined by it;
d) Forest inspections. These are the verifications carried out by the competent authorities and the police in forests, in processing centres, in fixed and mobile control posts and in customs posts, as well as the forest audits, in accordance with the regulation. They produce official merit for inspections and audits of operations certified by the international voluntary forest certification system. Where the forest product is not covered by a right granted by the competent authority, the confiscation of the products and means used for the infringement shall be carried out and a fine shall be imposed for three times the commercial value of the product.
PARAGRAFO 1o. The elimination of natural forests for the purpose of the execution of agricultural activities and the establishment of forest plantations may not be carried out, with the exception of the use made for the implementation of activities of national interest.
PARAGRAFO 2o. Any irregular deforestation process will be subject to a fine for triple the commercial value in the internal market for the stoned wood, the confiscation and the sale of forest and media products. used for this.
The liquid amounts resulting from fines and auctions will be handled in special accounts and intended exclusively for the strengthening of the activities of prevention, monitoring and control of irregular deforestation.
PARAGRAFO 3o. Forest engineers, agroforestry and/or related career professionals are considered to be responsible for the planning and execution of duly authorized forest operations, such as auxiliary staff of the competent authority, under the name of forestry agents, in the use of their public functions and giving public faith the instruments they subscribe to and incurring the crime of ideological falsehood in public document established by Article 286 of the Criminal Code, without prejudice to the entered in the Single Disciplinary Code (Law 734 of 2002), in the event of the entry of untruths or the whole or partial silence of the truth in relation to the operations in his office.
PARAGRAFO 4o. Monitoring and control of forest operations may be carried out directly by the competent authority or delegates to forestry or related professionals and legal persons engaged in the activity or other public entities, according to the regulation.
FOREST PLANTATIONS.
ARTICLE 22. FOREST PLANTATION. C-030-08 > Forest planting is understood to be the crop caused by direct intervention by man.
It is understood in turn by agroforestry system, the combination in time and space of tree species with agricultural crops or animal husbandry, in order to integrate harmonically the agricultural activity with the forest to guarantee the sustainability of the production system.
It is of a producer character the forest plantation, or the agroforestry system established for commercial and protective use purposes those established with the priority to generate environmental services or to serve the protection of one or more renewable natural resources and the environment.
PARAGRAFO 1o. Protector plantings may only be used for timber use by systems that guarantee the conservation of the tree cover sufficient to provide the services The environment is intended. To this end, the Forest Management and Establishment Plan shall determine the applicable short, extraction and harvest system.
PARAGRAFO 2o. The producer or protector character is determined by the registration of the same to the competent authority when the forest plantation is established.
PARAGRAFO 3o. Any agroforestry system may be the object of the silvicultural practices required for the development of the crop without requiring authorization from the environmental authority. The use and mobilization of forest products obtained from these systems will enjoy the same treatment of commercial plantations and do not require permission or authorization.
ARTICLE 23. DOMAIN. C-030-08 > They are the property of the Nation the forest plantations located in baldiums and other land of public domain, established by the public entities or by the individuals in compliance with the obligations of replenishment, return or compensation of the resource.
Are privately owned forest plantations established by private individuals on privately owned land, as well as those made by the State on private land by way of promotion activities.
The ownership of the forest plantations that are carried out by the State with the participation of private agents will be subject to what is established in the respective contracts.
ARTICLE 24. ESTABLISHMENT AND USE. C-030-08 > All forestry plantations, agroforestry of a producer character made with own resources, implies the right of the holder to use it or to give it the destination it determines according to the sovereignty of its will. In the case of other forest products used for human consumption among them, the apiculture derivatives may not be advertised or marketed unless they have the analytical tests such as physico-chemical, microbiological, bromoological and Organoleptic, it is up to the Invima the surveillance and control, and to the National Federation of Beekeepers or their delegate, the expedition of the respective certification.
When, exceptionally, and because of public utility or social interest, the State requires expropriating land with forest plantations, the average market value, the harvest status, the species of the species must be included in the compensation. cultivated, minus the amount of maintenance and management costs that the expropriated would have to make until they reach their maturity. At the convenience of the public interest, the expropriating entity may grant the expropriate the time required for the harvest.
ARTICLE 25. FOREST ROADS OR ROADS. C-030-08 > The forest roads or roads necessary to advance forest harvesting of forest plantations are considered an integral part of the forest project, and will not be subject to additional permits or requirements other than those provided for in this Act.
When the construction of a forest road or road has to temporarily occupy a natural course or affect an area of natural forest, located in the forest project area, the general conditions will be met that its subsequent recovery will determine the Ministry of Environment, Housing and Territorial Development through the corresponding guide for the construction of forest roads, which will be binding and will be defined within a period not longer than one year from the entry into force of this law.
ARTICLE 26. REGISTER. C-030-08 > Any forestry plantation or agroforestry system of a producer character shall be registered with the Ministry of Agriculture and Rural Development or before the entity delegated by that Ministry, and shall be communicated to the authority the environmental of the respective jurisdiction for the purpose of information and statistics.
For logging of the production forest plantation the following information is required:
a) Name and identification of the forest crop holder;
b) Accreditation of the property or tenure of the property;
c) Location of the plantation;
d) Crop area and planted species;
e) Year of establishment;
f) Target of the plantation.
PARAGRAFO. In the case of a forest plantation for protection purposes, it must be registered with the respective regional environmental authority, presenting in addition to the information mentioned in this article the respective Forest Management and Establishment Plan, PEMF.
ARTICLE 27. PLAN OF ESTABLISHMENT AND FOREST MANAGEMENT. C-030-08 > All forest, agroforestry or silvopastoril plantation that is established with total or partial financing of state resources, international credits channeled by public entities, international technical cooperation, financing for the sale of environmental services in the framework of a multilateral agreement, those that apply for the granting of the Forest Incentive Certificate (CIF), or those that are established in the ownership of the State, must draw up and obtain approval of the Establishment Plan and Forest management by the competent authority, in accordance with existing regulations or those that are issued for the purpose.
PARAGRAFO 1o. When Regional Autonomous Corporations or Sustainable Development Corporations act as executors, they will have to work out the Forest Management and Establishment Plan, which will be approved by the Ministry of Environment, Housing and Territorial Development.
PARAGRAFO 2o. The Forest Management and Establishment Plan must be developed by forestry engineers or related professionals with expertise in forestry.
PARAGRAFO 3o. The harvest of the plantations referred to in this Article shall be performed in accordance with the Forest Management and Establishment Plan.
ARTICLE 28. FREE EXPLOITATION AND MOBILIZATION. C-030-08 > No permission or authorization is required for the establishment and use of commercial forest plantations or agroforestry systems. No forest transportation guide is required for the mobilization of your products.
For transportation purposes, the regulation will determine how to identify forest plantation products and agroforestry systems, in order to clearly differentiate them from natural forest products.
PARAGRAFO 1o. For the mobilization of plant or reproductive material intended for the establishment of forest plantations, permission will not be required.
ARTICLE 29. VOLUME REPORT. C-030-08 > Any natural or legal person making use of and/or mobilizing forest products derived from forest plantations shall report to the competent entity the volume of the wood produced and mobilized.
ARTICLE 30. URBAN FORESTRY. C-030-08 > The forest areas and resources within the municipal and/or district urban perimeters will have special treatment for their administration, information, management, exploitation, and conservation. the competent environmental authorities, in accordance with the regulations jointly issued by the Ministry of the Environment, Housing and Territorial Development and the Ministry of Agriculture and Rural Development in coordination with the competent authorities national, regional and local level.
OF INDUSTRIAL PRODUCTION.
ARTICLE 31. PRODUCTION AND MANAGEMENT. C-030-08 > Industrial production of goods from raw materials from natural forests should be exclusively sourced from areas of sustainable use under management plan approved by the authority. competent.
PARAGRAFO. The National Development Plan will integrate the sustainable management of natural forests as a factor of the national economy that is decisive for the productive stability of its resources and services. environmental, for the benefit of forest producers, local communities, the forest industry, society in general and markets.
ARTICLE 32. INDUSTRIAL DEVELOPMENT. C-030-08 > The State will promote the development and modernization of the forestry sector to increase the competitiveness of the timber industry. For the purpose, it will support industrial modernization by taking into account the principles of sustainable development.
FINANCING, INCENTIVES, INCENTIVES, EXEMPTIONS AND GUARANTEES.
ARTICLE 33. INVESTMENT GUARANTEE. C-030-08 > To provide security for investments in the forest chain, the State shall not modify contracts concluded or concluded for the term of up to twenty (20) years from the date of subscription. of the contract, ex-cepto in the specific cases agreed with the investor.
ARTICLE 34. GUARANTEES ON USABLE VOLUMES. C-030-08 > For any of the commercial rights classes referred to in this Law, the usable volume constitutes collateral for credit transactions or other transactions financial; this rule applies to forest plantations.
ARTICLE 35. NATURAL FORESTS OF PRIVATE PROPERTY. C-030-08 > The incentives in force and those that are put in place for forestry and agroforestry activities are applicable to the conservation of natural forests of private property, as to the regulation.
ARTICLE 36. Fomento. C-030-08 > The State must promote by granting preferential loans of up to thirty (30) years, the export of products from forest plantations, agroforestry systems.
ARTICLE 37. MOVABLE PROPERTY IN ADVANCE. C-030-08 > In the case of movable property in advance, which is dealt with in Article 659 of the civil code, such goods may be liable to be any title, to be taxed, transferred, or to be a fiduciary property, such as data and usufruct, independently of the immovable property to which they are attached, so that their transfer does not have to be done simultaneously to the building where they are located, and their ownership can always be spun off.
ARTICLE 38. OF THE BRIDGE CREDITS. C-030-08 > The National Agricultural Credit Commission and the Fund for Financing the Agricultural Sector, Finagro, will review and adjust the regulations related to capital costs, in order to facilitate bridge credit lines for small reforesters up to fifty percent (50%) of the value of the CIF, so that such amount can be reimbursed by Finagro from the respective account.
OTHER PROVISIONS.
FOREST PROTECTION AND HEALTH.
