On Compensation For Restrictions On Economic Activities In Protected Areas

Original Language Title: Par kompensāciju par saimnieciskās darbības ierobežojumiem aizsargājamās teritorijās

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/74.1


The Saeima has adopted and the President promulgated the following laws: For compensation for restrictions on economic activities in protected areas chapter I General provisions article 1. The scope of the law, the law lays down the conditions under which the granting of compensation for restrictions on economic activity (hereinafter referred to as the compensation) State and local government created in the specially protected natural areas and mikroliegumo (hereinafter referred to as a protected area) and resulting from the protected area protection requirements, as well as the procedure for the granting of the refund. 2. article. Compensation and financial source (1) compensation for agricultural or forestry activities in protected areas to the limits of the annual payment of the aid granted. (2) the annual aid payments for the operating limits of European interest in protected natural areas (Natura 2000) paid to legislation on rural development aid within the European Union funds. (3) annual support payments on operating restrictions can cost mikroliegumo legislation on rural development aid within the European Union funds. (4) compensation for the operating limits State and local interest in protected areas through State or local budget in accordance with this objective, the State or local budget funds. The Cabinet of Ministers issued the rules, which determine the operating limits, qualifying for compensation, costs, conditions, modalities and extent. (5) a protected area, a nature reserve or any other protected areas of the nature reserve, strict mode or adjustable mode area — as a form of compensation can be applied, but only buy the land undeveloped land. 3. article. The land owner's right to compensation Under this law the owner of the cases is entitled to compensation from the State for 1) operating limits national protected areas; 2) — for the operating restrictions concerned authorities established protected area. 4. article. On the compensation of the institution responsible for the cost of (1) the cost of compensation according to the competency is administered by the following institutions: 1) natural protection administration — if the right to compensation from the State budget in accordance with this law by the State; 2 municipality or its specific) institutions — if the right to compensation from the local government under this Act granted the municipality. (2) compensation shall be paid from the funds of the European Union, administered according to the regulations of European Union aid payments. Chapter II conditions for the granting of compensation article 5. Compensation of General conditions (1) the right to claim compensation for land property rights to land, if the land of fixed land border between more land owner or legal possessor property installed according to laws and regulations on land cadastral and determine the requirements laid down in the civil code. (2) where the land belongs to multiple owners, only requires all co-owners by mutual agreement. (3) the owner of land for a particular piece of land, which set restrictions on economic activity, the year can be assigned only one refund from European Union funds or from the State or local government, according to article 3 of this law. The land owner has the right to claim a refund if the forest land in accordance with laws and regulations on forest inventory procedures are in force, forest inventory file. (4) the compensation from the State or local Government shall not grant direct and direct administration institutions and public or municipal corporation. (5) the landowner compensation request, if the appearance of the previous year and the current year quarter are paid in real estate taxes. If the land owner fined for violations in the field of the environment, as well as his fault or the forest environment suffered damage, the landowner of the request for compensation only when he breaches of legislation in the field of the environment in the order has paid the fine and reimbursed by the environment and forest loss. Chapter III, article 6 of the repurchase of land. The right to require repurchase of land (1) the land owner can request the repurchase of land if: 1) the entry into force of the decision or a court ruling on the ownership of the land where the renewal before the decision or ruling of the Court included the entry into force of nature reserves or other protected areas of the nature reserve, strict mode or adjustable mode zone; 2) land included in the nature reserves or other protected areas of the nature reserve, strict mode or adjustable mode area), after: (a) a decision on the renewal of land property rights, b) contract with the State joint stock company "Latvian mortgage and land bank" for the redemption of land ownership, c) the entry into force of a court ruling on the acquisition of property in land, d) concluded in writing, the purchase of land or other disposal transaction that was given as a notarial deed or notarial certified. (2) the land heir can claim land withdrawal, if: 1) of the land received certificate of succession and the testator was eligible for repurchase of land under the terms of this law; 2) land included in the nature reserves or other protected areas of the nature reserve, strict mode or adjustable mode area after the opening of the succession. (3) on the ground not subject to repurchase under the distribution of units of the laws governing a specific prohibition to divide the land ground units of less than 10 hectares. 7. article. On the ground the withdrawal of the institution responsible for repurchase of land according to competency organized such institutions (authorities): 1) natural protection administration — if the right to repurchase the land under this Act shall be implemented; 2 municipality or its specific) institutions — if the right to repurchase the land under this Act implemented by the municipality. 8. article. The land withdrawal order (1) starting in 2014, according to national or local government budget allocations for this purpose atpērkam, which after the acquisition of land property rights in a nature reserve or any other protected areas of the nature reserve, strict mode or timed mode. (2) starting in 2016, according to national or local government budget allocations for this purpose atpērkam land, which includes a nature reserve or any other protected areas of the nature reserve, strict mode or adjustable mode, if the property rights to that land is restored, in the light of article 6 of this law, the first subparagraph of paragraph 1. (3) in the first and second part of the said land owners within the Group of priority land it repurchases that owners of land reform have received as equivalent land under land reform laws governing, and that land owners allocated repressed personality. From the rest of the landlords land application submission form order. 9. article. Land repurchase submission (1) ground the withdrawal procedure is based on the land owner or heir of the application the responsible body. The application shall specify: 1) the location of the land; 2) land cadastre; 3) the applicant's name (legal person, the name and registration number); 4) address and phone number. (2) the owner of the Land added to the application documents, stating his right to claim land withdrawal in accordance with article 6 of this law, the first paragraph: 1) the decision on the renewal of land property rights; 2) contract with a public joint stock company "Latvian mortgage and land bank" for the redemption of land ownership; 3) Court ruling on land acquisition of the property; 4) land purchase or other transactions of disposal of derivative, which was given as a notarial deed or notarial certified. (3) land heir added submission documents proving his right to claim land withdrawal in accordance with article 6 of this law the second part — the person's death certificate or certificate of succession. (4) the application may be made by electronic means, if the electronic document meets the requirements of the law on electronic document design. (5) the Cabinet of Ministers issued the rules on the ground the withdrawal of acceptance of the application. 10. article. Land prices (1), the institution responsible shall decide whether the land withdrawal application is based. Following the adoption of that decision, the institution responsible shall determine the land price according to the needs of society in need of disposal of immovable property law. If the landowner agrees to the price fixed by the responsible authorities shall prepare the information needed to the cabinet can make order for permission to buy back the land. (2) if the land owner does not agree with the the price fixed by the dispute in Court of civil law. 11. article. The repurchase of land after the Cabinet adopted a decree on the authorisation to buy back land, the institution responsible shall apply to repurchase the land needs of the public real estate disposal statutory voluntary arrangements for the disposal of property. 12. article. Property rights on land bought back the land reinforcement (1) after the conclusion of the contract, the institution responsible shall submit the request of shore land registry Department to strengthen property rights on land bought back. (2) the land bought back the land record to state the name of the protection of the environment and regional development Ministry in the person or on behalf of the municipality. Transitional provisions 1. With the entry into force of this law shall lapse at the law on the land owner the right to compensation for the operating limits of the specially protected natural areas and mikroliegumo ' (Latvian Saeima and the Cabinet of Ministers rapporteur, 2005, 15, 24, 3. No; 2007, nr. 10; 2008, 1., no. 24; 2009, No 14; Latvian journal 2010, 144, no. 205; 2011, no. 201). 2. If someone stands in the land in accordance with the transitional provisions of the law referred to in paragraph 1 has been received payment from the compensation — national or local government — covering the protected area protection and control use of the statutory economic constraints do not landowners of the obtained benefit and not imposed additional limitations, forestry activities of this law, the compensation referred to in article 2 on the stand area is not granted and the land is not eligible for repurchase of land. 3. land owner who logged on for consideration after 31 December 2009, but which have not yet been calculated and compensation paid out is calculated and paid, starting in 2014, if the land owner is logged on an annual support payment or repurchase of land. 4. Article 2 of this law, the third part of the annual aid payments for operating restrictions mikroliegumo shall enter into force as soon as funding is available from the European Union funds. 5. The Cabinet of Ministers to 2013 1 September issue of this law article 2, fourth paragraph, and article 9 of the provisions referred to in the fifth subparagraph. The law takes effect June 1, 2013. The Parliament adopted the law in 2013 on April 4. The President a. Smith in 2013 on April 17.