Key Benefits:
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DECREE No. 852.-
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That Art. 101 of the Constitution establishes that it is the obligation of the State to promote economic and social development through the increase in production, productivity and rational use of the resources;
II.-That by Legislative Decree No. 268 dated February 8, 1973, published in the Official Journal No. 50, Tomo 238 of March 13 of the same year, the Forest Law was issued in order to regulate conservation, improvement, restoration and enhancement of the country's forest resources;
III.-That the aforementioned Law no longer meets the objectives of the State policy, in the sense of stimulating the participation of the private sector in the increase of the tree cover for productive purposes, as well as to establish clear rules for the free exploitation of forest and forest plantations by induced regeneration, all for the purpose of contributing to solving the economic, environmental and social needs of current and future generations, making it necessary to issue a new Forest Law, guaranteeing the principle that the sowing has the right to harvest;
BY TANTO,
in use of its constitutional powers and on the initiative of the President of the Republic, through the Minister of Agriculture and Livestock and Deputies Ciro Cruz Zepeda Peña, Julio Antonio Gamero Quintanilla, Jose Rafael Machuca Zelaya, Ruben Orellana, Rosario del Carmen Acosta of Aldana, Douglas Alejandro Alas Garcia, Victoria of Amaya, Juan Angel Alvarado Alvarez, Marta de Penado, Manuel Oscar Aparicio Flores, Rigoberto Trinidad, Jose Orlando Arevalo Pineda, Rodrigo Avila Avilés, Cristobal Rafael Benavides, Juan Miguel Bolanos Torres, Rene Oswaldo Maldonado, Carlos Antonio Borja Letona, Isidro Antonio Caballero, Louis Agustín Calderón Cáceres, Carlos Alfredo Castañeda Magana, Humberto Centeno Najarro, Lilian Coto de Cuellar, Roberto José Daubuisson Munguía, Agustín Díaz Saravia, Mario Alberto Tenorio, Walter Eduardo Duran Martinez, Jorge Antonio Escobar, Juan Mauricio Estrada Linares, Hermes Alcides Flores Molina, Jorge Alberto Munoz, Guillermo Antonio Gallegos Navarrete, Nelson Napoleon Garcia Rodriguez, Dora del Carmen del Cid, Elizardo Gonzalez Lovo, Noe Orlando Gonzalez, Jesus Grande, Manuel Duran, Carlos Walter Guzman Coto, Schafik Jorge Handal, Mauricio Hernandez Perez, Joaquin Edilberto Iraheta, Francisco Alberto Jovel Urquilla, Osmin Lopez Escalante, Mauricio Lopez Parker, Francisco Roberto Lorenzana Duran, José Ascención Marinero Cáceres, Alejandro Dagoberto Marroquín, Juan Ramón Medrano Guzmán, José Tomás Mejía Castillo, Calixto Mejía Hernández, José Manuel Melgar Henriquez, Silvia Cartagena, José Francisco Merino López, Vilma Celina García de Monterrosa, Julio Eduardo Moreno Niños, Miguel Angel Navarrete Navarrete, Renato Antonio Pérez, Mario Antonio Ponce López, José María Portillo, Norman Noel Quijano González, José Ebanan Quintanilla Gómez, José Mauricio Quinteros Cubias, David Rodríguez Rivera, Blanca Noemi Coto, Olga Elizabeth Ortiz Murillo, Ernesto Zelayandia, Wilber Ernesto Serrano Calles, Gerardo Antonio Suvillaga Garcia, David Humberto Trejo, Enrique Valdez Soto, Donato Eugenio Vaquerano Rivas, Jorge Alberto Villacorta Munoz, Fabio Balmore Villalobos Membreno, Roberto
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Villatoro, Martin Francisco Antonio Zaldivar Vides, Alba Teresa de Duenas, Jesus Guillermo Perez Zarco and Vicente Menjívar,
DECRETA the following: FOREST LAW
TITLE FIRST PROVISIONS
CHAPTER FIRST OBJECTIVE OF THE ACT
OBJECTIVE AND DECLARATORY OF ECONOMIC INTEREST.
Art. 1. This Law aims to establish provisions that allow for the increase, management and sustainable use of forest resources and the development of the timber industry; forest resources are part of the heritage.
country's natural forest development from the establishment of the plantation to the final use and all its forms of added value.
Also, this law seeks to establish the conditions for stimulating participation by the private sector in the reforestation of the national territory for productive purposes, leaving out of this regulation the Protected Natural Areas and the Salted Forests.
DEFINITIONS
Art. 2. For the purposes of applying this Law and its Regulations, the following definitions shall be understood:
FOREST HARVESTING: The harvesting of timber and non-timber forest products until the final harvest, all in accordance with management rules that guarantee their sustainability;
ARBOL: perennial plant, of a woody and high trunk, that branches to a certain height of the soil, which can be timber, fruity, ornamental and energetic;
HISTORIC TREE: Woody Vegetable that represents for a local community or government, a cultural aspect, and thus declared by Decree Legislative, Executive or Municipal Ordinance;
AUTHORIZATION: Document that the organization responsible for forest development grants to natural or legal persons for the use of forests, and for the realization of works and activities related to such use;
FOREST: Ecosystem where trees are the dominant plant species and their primary purpose is a forest product;
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NATURAL FOREST: Ecosystem in which trees predominate, originated by natural regeneration without human influence;
FORESTS BY INDUCED REGENERATION: Areas with wooded coverage recovered by regeneration prompted by the action human, through silvicultural practices;
CONSERVATION: A set of human activities to ensure the sustainable use of the environment, including measures for the protection, maintenance, rehabilitation, restoration, management and improvement of natural resources, and ecosystems;
HYDROGRAPHIC BASIN: It is a surface of land bounded by a water part, on the surface of which is a drainage pattern where biological, natural, scenic and social processes occur, interacting with each other;
ECOSYSTEM: It is the basic functional unit of interaction of living organisms with each other and of these with the environment, in a given space and time;
ENVIRONMENTAL IMPACT: Any alteration, positive or negative, of one or more of the components of the environment caused by human action or natural phenomena in an area of defined influence;
FOREST FIRE: Fire that develops in a forest caused by the human being or by natural causes;
FORESTRY INCENTIVES: Credit, fiscal and public services stimulus and other, which grants the State to promote the sustainable use of forest resources for the activities of exploitation sustainable natural forests, planting of plantations, forest nurseries, seed stands, agroforestry systems and industrial processes related to the forest area;
FORESTRY INDUSTRY: Joint operations for forestry processing of forest products and byproducts, through industrial plants, systems and equipment, including non-timber forest products;
FOREST INVENTORY: It is the quantitative and qualitative assessment of stocks in the forest;
MACHORRA: Low-height plant mass primarily in shrubs and the like that is usually produced by land inactivity;
FOREST MANAGEMENT: Technical activities that lead to forest management and management, ensuring exploitation, conservation, improvement, enhancement and restoration of forest resources;
GENETIC material: All material of plant, animal, microbial or other origin containing functional units of inheritance;
STATE FOREST HERITAGE: Land with forest potential owned by the State assigned to the Ministry of Agriculture and Livestock;
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FOREST PERMIT: authorization granted by the MAG to natural or legal persons for the use of forestry or to carry out works and activities related to such use;
PLAGA: Population of plants or animals that for their abundance and relationship, they cause economic and biological damage to the forest;
FOREST MANAGEMENT PLAN: Document containing the technical planning that regulates the use and sustainable use of the forest in order to obtain the optimal economic benefit, while ensuring its conservation and protection, each forest management plan will be registered with a unique number;
DEVELOPMENT PLAN FOR SMALL REFORESTERS OF SCARCE RESOURCES: It is a program where the MAG elaborates and provides: (a) advice on massigos and sowing; (b) technical monitoring for the establishment of forest plantations; (c) the annual forest operational plan; and (d) advice on marketing of forest products to farmers with limited economic resources; FOREST PLANTATION: Forest species of forest species, established by the human being either by direct sowing of seed, seedlings or any other propagating material;
FORESTRY products: Goods resulting from the use of forest;
FOREST PROTECTION: Set of measures that tend to preserve, recovery, conservation and sustainable use of the forest;
PRESCRIBED BURNING: Silvicultural practice consisting of authorized and controlled burning, used as a measure of forest fire prevention or induction for pest control and diseases, and to favor natural regeneration;
QUEMA: Fire voluntarily caused in a delimited area for agricultural purposes, including the treatment of short offal;
BIOLOGICAL RESOURCES: Genetic material actual or potential value;
FOREST RESOURCES: Current item set or potentially useful from forests and others, conventionally called timber and non-timber forest products;
NON-TIMBER FOREST RESOURCES: All forest products from forest vegetation that are non-timber, by example: seeds, resins, fibres, gums, waxes, rhizomes, leaves, pens and stems from forest vegetation;
REFORESTATION: Establishment of a forest in natural or artificial form, on land in which the vegetation tree is insufficient or does not exist;
AGROFORESTRY systems: Formas of use and management of natural resources, in which woody species are used in association with agricultural crops in the same field, simultaneously or in a temporary sequence;
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CLASS VI SOIL: They are suitable soils for permanent vegetation, grazing, forests, fruit trees and others, with moderate restrictions for cultivation. The main limitation is the degree of slope, little depth of the soil or excessive amount of stone; it includes flat and sandy soils, with scarce surface soil and organic matter, susceptible to loss by erosion;
CLASS VII soil: They are suitable for permanent vegetation only, including cutting grasses. Soils with salty forests belong to this class. Most of these soils are in mountainous terrain with little effective soil depth, abundant rocks or stones;
SOIL CLASS VIII: These are rugged, excessively stony, sandy areas, where there is no soil, not suitable for agriculture and may be appropriate for wildlife, protection, recreation or ecotourism;
TALA: Cut or tear down trees by foot;
FORESTRY TECHNICIAN: Forest institution official duly authorized, with powers to promote, monitor and control any activity related to the Forest management and use for productive purposes;
SUSTAINABLE USE OF THE FOREST: The use and use of any of the elements of the forest, so as to ensure the conservation of its productive potential, structure, functions, biological diversity and long-term ecological processes;
FOREST CLOSURE: MAG's legal measure establishing a temporary ban on the use of one or more forest species in natural forests, and
WATER RECHARGE ZONE: Land surface whose fitness to regulate water movement has been established through technical and scientific studies, and which feeds a particular water mantle.
CHAPTER SECOND
OF THE ADMINISTRATION AND COMPETITION
COMPETENT AUTHORITY
Art. 3.-The Ministry of Agriculture and Livestock, which in the text of this law will be called MAG, will be responsible for the application of this legislation and the competent authority to know about the productive forestry activity, creating the Commission Forestry, for technological and industrial development.
In order to coordinate the implementation of this Law and the administration of the country's forest resources, all public administration agencies and institutions, in the area of competition, they will be obliged to lend their collaboration to the MAG.
OF THE PRIVILEGES OF THE MAG
Art. 4.-In order to comply with this Law and its Regulations, the MAG shall have the following privileges:
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a) Velar for compliance with national and international agreements related to the productive forestry sector;
b) Assess, approve and follow up on forest management plans;
c) Support the formulation of plans for forest management forest development for small reforesters and slope producers
d) Promote and support private participation, creating a Forestry Commission made up of representatives of the forestry and government sectors, which will ensure the technological and industrial development of the resources forestry, incentives and other activities that tend to the recovery and sustainable use of tree cover in the national territory;
e) Plan and implement research, training and protection projects forest resources;
f) Organising and maintaining an updated forest information system in order to generate, collect, classify and process forest-related information and data;
g) Facilitate and encourage the establishment of the forest industry;
h) Formulate policies that aim at productive use of forest resources;
i) Managing the provision of national and international financial resources, for the implementation of activities aimed at forestry development and the sustainable use of the forest resource; and
j) sustainably manage the forest heritage of the State assigned to the MAG.
THIRD CHAPTER OF EDUCATION AND FORESTRY TRAINING
EDUCATION
Art. 5.-The institutions of the National Educational System will promote the training of professionals and technicians in aspects related to the development and use of forest resources.
FORESTRY TRAINING
Art. 6.-The MAG will promote the training, generation and transfer of technology for the increase of forest plantations and their management, as well as the industrialization and commercialization of forest products and byproducts, to owners and owners. of buildings with natural forest and forest plantations.
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PRIVATE ENTITIES AND COMMUNITY FOREST PROTECTION GROUPS
Art. 7.-The MAG will promote the creation of private bodies and community groups, to which it will train in order to develop activities aimed at the protection, management and development of forest resources for productive purposes, and for the prevention, control and combat of forest fires, pests or diseases.
TITLE SECOND PRIVATE FOREST RESOURCES
CHAPTER 1 OF THE MANAGEMENT OF PRIVATE NATURAL FORESTS
HARNESSING NATURAL FORESTS
Art. 8. Any use of the natural forests of private property shall be regulated by its respective forest management plan, which shall be elaborated under the responsibility of the owner or holder of the land and approved by the MAG.
The MAG will monitor compliance with the obligations contained in the management plans.
The use cannot be started until the respective management plan has been approved by the MAG, having this thirty days (a) the date of the submission of the plan to resolve the application. If the deadline has elapsed, the MAG will not be pronounced, it will be approved.
The public servant responsible for the administrative silence, if the management plan causes damage to the environment, will be sanctioned compliance with the Law to which they are subject, due to lack of diligence in the performance of their duties.
ELABORATION OF THE FOREST MANAGEMENT PLAN
Art. 9. Forest management plans should be developed by professionals in forestry sciences or related areas, based on the rules that the MAG will dictate to this effect through the Executive Agreement.
EXEMPTION FROM THE FOREST MANAGEMENT PLAN
Art. 10.-The logging, pruning and grating for protection and sanitation purposes in the natural forests are exempt from the management plan.
EXPLOITATION BY NATURAL CAUSES
Art. 11.-The use of forest products and byproducts from trees damaged or brought down by natural causes within natural forests will be authorized by the MAG to its owners or owners.
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SOIL PROTECTION BY ITS CAPACITY TO USE
Art. 12. The change of use of the class VI, VII and VIII soils that are covered by trees is prohibited. However, they will be able to be used sustainably while maintaining the same use.
ILLICIT EXPLOITATION
Art. 13.-The forest products and by-products whose legal origin cannot be legally established shall be seized by the competent authority and placed on the order of the MAG. After 15 working days without the legitimate owner submitting the corresponding claim, the MAG may dispose of them without prejudice to the application of the respective penalties.
In the case of the provisions set out in the The MAG will sell the seized goods at market price and its product will be admitted to the Special Activities Fund of the MAG agency in charge of forestry.
TREES IN URBAN AREAS
Art. 14.-The MAG will recommend which species are suitable for ornato in the urban area.
Art. 15.-The regulation on planting, pruning and logging of trees in urban areas will be the exclusive competence of the respective municipality.
CHAPTER SECOND OF THE MANAGEMENT OF PRIVATE FOREST PLANTATIONS
AND EXPLOITATION ALLOWED
PRIVATE FOREST PLANTATIONS
Art. 16. Forest plantations in particular properties shall not require any authorization for maintenance, grating or final use. The transportation, marketing, and industrialization of products and by-products from such plantations will be subject to the provisions of this Law.
PERMITTED USE
ART. 17.-Exempt from the requirement of forest management plans and any type of authorization, the following uses:
a) The cutting, cutting and pruning of the shade trees of coffee trees and other species of different species that find inside the coffee plantation, provided that the activity seeks the conservation and improvement of the same and that the trees are not included in the lists of threatened or endangered species or that they are trees historical;
b) The cutting, cutting and pruning of fruit trees, as well as other permanent agricultural crops; and cutting and pruning isolated trees located in soils with agricultural or livestock vocation, always
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that is not about historical trees and that they are not among the threatened or endangered species, and
c) The felling of trees with reoutbreak capacity without reaching their total elimination.
CHAPTER THIRD OF THE OBLIGATION TO TEST SOURCE OF FOREST PRODUCTS
OBLIGATION TEST WOOD SOURCE
Art. 18. For the transport of timber and non-timber forest products from isolated trees and agroforestry systems that do not have a management plan, the MAG will issue the corresponding permit.
Art. 19.-Any natural or legal person who transports, stores, commercializes or industrializes timber and non-timber forest products under a management plan, must prove with the relevant documents its legal origin by means of a the format extended by the producer, which shall contain the forest registration number issued by the MAG.
CHAPTER QUARTER OF FOREST INCENTIVES
FOREST INCENTIVES
Art. 20.-The MAG in coordination with the Ministry of Economy and the Forestry Commission, will develop incentive programs to promote forest development, according to the purpose of this Law.
TITLE THIRD FOREST HERITAGE OF THE STATE
UNIQUE CHAPTER OF THE STATE FOREST HERITAGE CONSTITUTION
STATE FOREST HERITAGE ASSIGNED TO THE MAG
Art. 21.-In the framework of this Law, land with forest potential owned by the State assigned to the MAG, will be used for research purposes applied to the production, management and industrialization of forest species.
EXPLOITATION FOREST ON STATE LAND ALLOCATED TO THE MAG
Art. 22. The use of forestry by technical prescriptions of land owned by the State assigned to the MAG may be granted in accordance with the provisions of Art. 233 of the Constitution and other laws of the Republic, as presented in the respective management plan.
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TITLE FOURTH FOREST PROTECTION
CHAPTER FIRST OF RESTRICTED USE AREAS IN PROPERTIES THAT DO NOT OWN
FOREST MANAGEMENT
RESTRICTED USE
Art. 23.-Areas of Restricted Use are declared, the areas of buildings in which their owners will have the obligation to manage the existing vegetation in a sustainable manner, in the following cases:
a) The land that borders the Water or spring births, in an area with a radius of at least twenty-five metres, or as determined by the respective technical study, measured horizontally from its peak increase;
b) The land riverside of rivers and broken, in an extension equal to twice the largest depth of the bed, measured horizontally to from the highest level reached by the waters on both sides, in a period of return of fifty years;
c) The land in a zone of fifty meters measured horizontally, from its highest grown in normal time of the lakes and natural lagoons and the riparries of artificial reservoirs constructed by the State or by private individuals, which must be permanently wooded;
d) The land of the upper parts of the river basins, in particular those which are in water recharge zones;
e) The areas that because of their potential for sliding due to Strong slopes pose a danger to populations; and
f) Class VIII soils.
Municipal Councils within the territory of their jurisdiction may issue ordinances that aim to protect and exploit forest resources in areas of restricted use, based on established guidelines. by the Ministries of Agriculture and Livestock and the Ministry of Environment and Natural Resources. These guidelines will be dictated by the Executive Agreement in the corresponding Ramo.
FOREST PATHS
Art. 24.-When the ecological conditions of an area merit it, the MAG, by means of an Executive Agreement and in accordance with the respective technical studies, may declare temporary, partial or total vedas in natural forests, specifying the area which it understands and the measures necessary for its implementation. This declaratory may refer in particular to non-timber forest products, or to certain species or forest species intended to be protected for justified technical reasons and
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scientifically.
To the Veda Decree, you will be given the appropriate publicity, so that the interested can know the extent of this and the conditions of its application.
CHAPTER SECOND OF THE PREVENTION, CONTROL AND COMBAT OF THE FIRES, FOREST PESTS AND DISEASES
PREVENTION AND CONTROL OF FOREST FIRES, PESTS AND DISEASES
Art. 25. The MAG shall have the power to adopt and make effective the measures deemed necessary to prevent, control and combat forest fires, pests and diseases in forest plantations and natural forests.
EXTINCTION OF FOREST FIRES
Art. 26.-In the event of a forest fire, municipal authorities and other public entities shall contribute to the extinction of the forest fire, by providing personnel, means of transport and other necessary resources.
be aware of the existence of a forest fire, have an obligation to communicate it immediately to the nearest authority.
OWNER COLLABORATION
Art. 27.-Property owners and owners have an obligation to give access to and permit the permanence within their buildings, to the personnel who are developing activities for the fight of forest fires and to collaborate with the media to their scope for extinction.
BAN ON QUEMAS
Art. 28.-The practice of burning in natural forests and forest plantations is strictly prohibited, except for the quemas prescribed as silvicultural activity.
PEST AND DISEASE CONTROL
Art. 29.-When the presence of pests or diseases in a forest or forest plantation, which represents danger of becoming an epidemic, is verified, the MAG shall formulate plans for its control and eradication; in the case of private buildings it shall be made of common agreement with the owner. After the deadline laid down in the plan, without positive results or without the owner taking any action in the control of the pest or disease, the MAG, in coordination with the specialized agencies of the State, will take the measures that are necessary to make such control effective; in this case, the costs incurred shall be borne by the owners and the certification of such expenditure shall be enforceable.
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TITLE FIFTH FUNDING AND FOREST CONTROL AGENCIES
SPECIAL ACTIVITIES FUND ' S FIRST CHAPTER
SPECIAL ACTIVITIES FUND
Art. 30.-The MAG will create a Special Activities fund to support forest development. This fund will be called the Special Activities Fund for the Forest Activity of the MAG.
The technical, administrative and financial management of this Fund shall be under the responsibility of the MAG body responsible for the forestry activity; its operating and operating modalities shall be regulated in accordance with the rules to be established in the instructions issued by the agency responsible for administering the fund.
This Fund will capture resources from the following activities:
a) Technical services of the forest area, as well as As for the sale of confiscated forest products and byproducts;
b) Sale of publications generated by the MAG's forest organism; and
c) Any other income generating activity carried out by the MAG's forest agency.
FOREST RECORD SECOND
LOGGING CREATION
Art. 31.-The MAG will carry a Register of:
a) Approved forest management plans;
b) Forest plantations, seed stands, forest nurseries; and
c) Sales of wood, sawmills and product processors
FOREST INVENTORY THIRD CHAPTER
DRAWING UP THE FOREST INVENTORY
Art. 32.-The MAG shall formulate, organize, prepare and keep up to date the National Forest Inventory for productive purposes, which shall include the following information:
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a) Area of natural forests and forest plantations at the national level, and
b) The quantification and qualification of forest resources.
CHAPTER FOURTH OF THE FOREST INFORMATION SYSTEM
INFORMATION SYSTEM Forestry
Art. 33.-The MAG will establish and maintain an updated Forest Information System, which will be made available to the public.
TITLE SIXTH VIOLATIONS, SANCTIONS AND PROCEDURES
CHAPTER 1 OF THE VIOLATIONS AND FOREST SANCTIONS
SANCTIONING JURISDICTION
Art.-34. -It is for the MAG to know of the violations of this Law and to impose the respective sanctions, without prejudice to the corresponding judicial action.
VIOLATIONS
Art. 35.-The violations of this law and their respective sanctions are as follows:
a) Talar without the corresponding authorization, trees in the natural forests: 2 to 5 minimum wages for each tree felled;
b) To trade the guides of transport for forest products: 2 to 5 minimum wages for each guide;
c) Failure to comply with measures and provisions on forest pests and diseases: 3 to 5 minimum wages;
d) Owner, colindants, or any other person who is legally obliged to refuse to collaborate in the extinction of fires foresters, once required for the purpose by the relevant authority: 2 to 3 minimum wages;
e) Leaving abandoned in natural forests, flammable materials or which may cause combustion or fire hazards such as: gasoline or other class of fuel, lit cigarettes, glass: 3 to 5 minimum wages;
f) Transporting forest products or by-products, without the documentation certifying their legitimate provenance or presenting it with falsifications or alterations: 5 to 8 minimum wages;
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g) Make any other than any class, except when prescribed as silvicultural activity: 5 to 8 minimum wages;
h) Failure to comply with the guidelines or conditions set out in the authorizations granted by the MAG: 20 to 25 salaries minima;
i) Destroy by any means assets of the estate Forest of the State referred to in this Law: 8 to 10 minimum wages;
j) To take advantage of any means of the State Forestry assets referred to in this Law, without the corresponding authorization: 10 to 12 minimum wages;
k) Obstructing or hindering MAG officials or employees by any means to comply with their duties related to this Law: 5 to 8 minimum wages;
l) Cause fires in natural forests and plantations forestry: 20 to 25 minimum wages per hectare damaged, without prejudice to the criminal action to be taken;
m) Failure to comply with recommendations or measures that have been taken to prevent or control fires, when these occur: 10 to 15 minimum wages;
n) Install on or in the immediate vicinity of plantations and natural forests class, machinery, fuels or explosives that may create danger, without complying with safety, fire prevention and control standards: 15 to 20 minimum wages;
o) Tear down or destroy trees that for historical reasons or that for being Endangered species must be preserved unless the authorization is granted corresponding: 20 to 25 minimum wages; and
p) Change the use of class VI, VII and VIII floors, tree covers: 15 minimum wages per hectare or damaged fraction.
The MAG will only have competence to sanction the violations mentioned in this article, when the facts that make them occur in forest plantations, in natural forests and in those of restricted use not protected by municipal ordinances.
The minimum wage mentioned in each of the the indicated infringements will be the one that corresponds monthly to the workers of the Industry, Commerce and Services in the city of San Salvador.
The bases for the application of the minimum wage ranges contained in the sanctions, will be defined regulatively.
CONFISCATION OF TOOLS
Art. 36.-In the cases where appropriate, the MAG shall, in addition to the corresponding fine, impose the execution of activities for the benefit of the restoration of the forest resource. You must also order the confiscation of the forest products and the tools used for this purpose when the legitimate one is not proven
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ownership of these.
PROCEDURE SECOND CHAPTER
START OF PROCEDURE
Art. 37.-Of any infringement of this Law, the appropriate staff of the MAG or the agents of the National Civil Police shall raise a record either on its own initiative or on a complaint, during the next eight days after the offence. The minutes will be forwarded to the relevant forest authority to initiate the respective procedure.
COMPLAINT OF DAMAGES
Art. 38.-The person who will be harmed directly or indirectly by a violation of this Law, may report the case to the corresponding forest authority or its delegates, in written or verbal form, and must be established in this case. case.
CITATION
Art. 39. The alleged infringer or the person who has been reported shall be summoned for one time to appear before the competent authority of the MAG within eight working days, counted from the following of the summons.
The citation must be made by means of a corner, which will contain an overdrawn relation of the fact found or denounced. For this purpose, the person will be searched in his residence, business, office, place of work or property where the offence was committed. If you do not find yourself in any of these parts, you will be left in the corner with your spouse or partner or partner of life, children or daughters, provided that these are older, dependent and domestic workers. If the alleged infringer or any of the indicated persons refuses to receive it, the corner will be fixed at the door of the house or local, teniendosele by legally notified, leaving record of its refusal.
DEFINITIVE RESOLUTION
Art. 40.-If the alleged infringer does not appear within the prescribed time limit, he shall be declared a rebel and the procedure shall be continued; if he appears to be opposed to the expression of his defence, the procedure shall be opened to the test four working days, within which the respective evidence must be submitted and those which may contribute to the verification of the fact and deduction of responsibilities shall be collected. Where the infringer accepts the fault of the fault attributed to him and is in agreement with the amount of the fine that corresponds to this Law, the opening to the test shall be omitted.
The term of proof shall be concluded, if The final decision shall be taken on the third working day.
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REVIEW FACILITY
Art. 41.-The person who is sanctioned may file a written appeal for a review of the final decision before the immediate higher authority, within three working days from the date of the notification. The Board of Appeal shall submit to the authority which imposed the sanction and shall express in one case only the reasons for challenging the final decision. The appeal shall be admissible if it is appropriate and the file shall be sent to the immediate higher authority without further processing or due diligence. That authority shall resolve the appeal with the sole view of the cars, within 10 working days from the date of receipt, and the decision to be taken shall be made to confirm, amend or revoke the final decision.
ADMINISTRATIVE PATH EXHAUSTION
Art. 42.-After the expiry of the term of the review or the decision, the final decision shall be final and shall be exhausted by the administrative procedure, and the resolution in question must therefore be complied with within the ten working days from the date of notification of the corresponding car. The certification of the final resolution will have executive force.
FINE PAYMENT
Art. 43.-The fine imposed must be heard in any of the offices of the General Treasury of the Republic and shall be paid to the General Fund of the Nation.
REFERRAL TO THE COMPETENT JUDGE
Art. 44.-In case the forest infringement gives rise to a fact classified as a crime in the Penal Code, the forest authority shall do so with the knowledge of the Office of the Prosecutor General of the Republic, once the administrative procedure has been completed
TITLE SEVENTH SPECIAL AND TRANSIENT PROVISIONS
CHAPTER FIRST SPECIAL PROVISIONS
OPINION PRIOR
Art. 45. Before doing so, the entities of the State responsible for allocating land for agricultural use must have the favorable opinion of the MAG, in which, if this is the case, the property to be awarded is a vocation. agriculture, according to the classification of potential land use.
FOREST TRANSPORT DOCUMENT
Art. 46. The transport of forest products and by-products shall be covered by the respective documents mentioned in this law.
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SPECIAL FACULTY for the PNC
Art. 47.-The agents of the National Civil Police are empowered to intercept shipments of forest products and byproducts, in order to verify their legal origin.
PRIMACY OF LAW
Art. 48. The provisions of this Law for its special character shall prevail over any other that would be contrary to them.
CHAPTER SECOND TRANSITIONAL PROVISIONS
TRANSITIONAL REVENUE MANAGEMENT
Art. 49.-As long as the Special Activities Fund referred to in Art.30 of this Law is not created, all funds referred to in the same article shall be entered and managed through the Special Activities Fund of the Directorate General of Renewable Natural Resources.
INITIATED PROCEEDINGS
Art. 50.-The proceedings initiated prior to the validity of this Law will be governed by the provisions of the previous Law.
ELABORATION OF INCENTIVE PROGRAMS
Art. 51.-The entities mentioned in Art. 20 of this Law must have the incentive programs elaborated within a period not exceeding ten months from the time of the validity of the same.
DECREES IN FORCE
Art. 52. As long as the Law on Protected Natural Areas is not promulgated and published, the following Decrees remain in force: a) Executive Decree No. 53, issued on November 17, 1987, published in Official Journal No. 212, Volume 297, dated 18 of the same month and year, which contains the establishment of the National Park "Montecristo," b) Executive Decree No. 20, issued on March 17, 1989, published in Official Journal No. 103, Volume 303, dated June 6 of the same month and year, which contains the establishment of the National Park "El Impossible", c) Executive Decree No. 59, issued on August 22, 1986 published in Official Journal No. 154, Volume 292, of the same date, which contains the forest closure in the Forest region " El Impossible ", (d) Executive Decree No. 14, issued on April 1, 1986, published in Official Journal No. 56, Volume 291, of the same date, which contains the Regulation for the establishment of salineras and farms for the purposes of marine aquaculture in (e) Legislative Decree No. 689, adopted on 18 April 1996, published in the Official Journal No. 101, Volume 331 of 3 June of the same year, containing the Declaration of Protected Natural Area "La Laguna El Jocotal", Articles 28, 29, 30, 31, 77, 78 and 79, which contain the procedure for deslination and amojoning, of the Decree Legislative No. 268, adopted on 8 February 1973, published in the Official Journal No. 50, Tomo 238 of 13 March of the same year, which contains the Forestry Law, and g) Legislative Decree No. 885 of 13 April 2000, published in the Official Journal Officer No. 79, Volume 347 dated 28 of the same month and year, for which it was declared Protected Natural Area, the San Lorenzo estate, located
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in the jurisdiction of the city of Santa Ana, owned by the Social Fund for Housing. It will be the Ministry of Environment and Natural Resources that is competent to apply and know about the regulations established in the previous Decrees.
REPEAL
Art. 53.-Repeal the following Decrees: (a) Legislative Decree No. 268 of 8 February 1973, published in Official Journal No 50, Volume 238 of 13 March of the same year, with the exception of Articles 77, 78 and 79; b) Legislative Decree No. 458 dated 23 October 1973, published in the Official Journal No. 204, Volume 241, of 1 November of the same year, which contains the authentic interpretation of Art. 3 of the Forestry Law; and c) Legislative Decree No. 418 dated July 24, 1986, published in the Official Journal of the European Communities Officer No. 142, Volume 292, of the 31st day of the same month and year containing the price per unit of salted forest.
VALIDITY
Art. 54.-This Decree will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE LEGISLATIVE PALACE: San Salvador, at the twenty-two days of May two thousand two.
Ciro Cruz Zepeda Peña, President.
Walter Rene Araujo Morales, Julio Antonio Gamero Quintanilla, First Vice President. Second Vice President.
Rene Napoleon Aguiluz Carranza, Third Vice President.
Carmen Elena Calderón de Escalón, José Rafael Machuca Zelaya, First Secretary. Second Secretary.
Alfonso Aristides Alvarenga, William Rizziery Pichinte, Third Secretary. Fourth Secretary.
Ruben Orellana Mendoza, Fifth Secretary.
CASA PRESIDENTIAL: San Salvador, at the thirty days of May of the year two thousand two.
Francisco Guillermo Flores Pérez, President of the Republic.
Salvador Edgardo Urrutia Loucel, Minister of Agriculture and Livestock.
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D. O. No 110 Took No 355 Date: 17 June 2002.
NOTE:
THROUGH THIS LAW THE FOREST LAW No. 268, OF FEBRUARY 8, 1973, WAS REPEALED EXCEPT FOR ITEMS NOS. 77, 78 AND 79.
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