Forest Land Transformation Rules

Original Language Title: Meža zemes transformācijas noteikumi

Read the untranslated law here: https://www.vestnesis.lv/ta/id/94494

 
Cabinet of Ministers Regulations No. 806 in 2004 (28 September. No 56 4) forest land transformation rules Issued under the Forest Act, article 42 of the second, the Gauja National park Act, article 4, paragraph 4, and article 36 of the law establishes the fourth paragraph (2) of part i. General questions 1. determines: 1.1. forest land transformation (transformation);
1.2. the application of the transformation, the examination and approval procedures;
1.3. the transformation of the country due to damage (loss) calculation and refund arrangements.
2. Transformation may propose: 2.1. forest land owner;
2.2. the legal possessor of forest land (hereinafter legal possessor);
2.3. any other person under the forest land owner or legal possessor of law officially approved mandate or authorisation;
2.4. the infrastructure builders (contractors) — according to the contract concluded with the forest land owner, possessor or their authorized legal person.
3. Transformation shall be carried out, if required: 3.1. buildings and premises, including infrastructure (except enterprises (forestry), kvartālstig (no more than five metres), the mineralized zone, forest fires for the water sampling sites (not larger than 300 square meters) and drainage system) construction;
3.2 career, construction of reservoirs and the installation of the cemetery;
3.3. forest tree nurseries of planting and agricultural lands in deployments;
3.4. specially protected habitat restoration;
3.5. sports and cultural objects, as well as areas for improvement.
II. Transformation conditions 4. Transform this provision permitted 3. points of the operations subject to the laws of nature and environmental protection, within the limits and in accordance with the local government planning.
5. If the transformation is carried out in the cities, villages, Baltic Sea and Gulf of Riga coastal shore dune cordon or specially protected natural territories and if a submission contains a transformation that requires the felling of trees, before the issue of the transformation of the national forest service national virsmežniecīb (hereinafter virsmežniecīb) creates a Commission to assess the tree felling and cutting down trees. Panelists include virsmežniecīb, local authorities and regional environmental management, as well as, if the tree felling for specially protected natural territories, in particular the administration of the protected natural areas (if any) or nature protection management representative. The work of the Commission will also call upon the agents of transformation.
6. the representative of the Virsmežniecīb 5 of these rules in the cases referred to in paragraph shall be drawn up for the tree felling. Legislation signed by all the members of the Commission and a proponent of the transformation. The Act specifies the number of trees izcērtam and volume in cubic metres by tree species. Virsmežniecīb atstājamo, a representative of trees noted, to 1.3 meters in height of the trunk from root neck painted a light colored stripe or trunk wrapped a light-colored plastic tape.
7. In the application tree felling for the attestation of translation initiator izcērtam tree volume points in accordance with the provisions of the acts referred to in paragraph 6.
8. start the transformation agents of transformation in the application (annex 1) the specified planned activities in the nature: 8.1 the State land service, certified surveyors or surveying the licensed legal entity uzmērījus, nature of the instrument marked a transformation for agents and has given translation areas;
8.2. the transformation has been received authorisation (annex 2);
8.3. you have received proof of felling trees (felling of trees if necessary).
9. validity of the transformation shall be two years. If the transformation during the term of validity of the licences specified in the transformation application planned activities: 9.1 have not been launched, the permit shall lapse (for the planned start-up is not considered a tree felling);
9.2. has been launched, but land use does not match the specified in the authorisation, of the transformation of land use, after receiving a request of authorization of the transformation transforms the authorising its validity period extended for a further two years.
10. Virsmežniecīb the 10 days after the issue of the transformation of the State land service sent to regional and local authorities concerned Department transformation permits and this rule 21.4. referred to a copy of the document.
11. Transformation agent within 30 days after the application of the transformation specified in the completion of the planned activities (but not later than 30 days after the transformation of the expiry date of the authorisation) shall inform the relevant authorities and virsmežniecīb.
12. Virsmežniecīb and local government representatives 10 days after paragraph 11 of these rules of receipt of the information referred to in or after the end of the period for submission jointly examine the translation forest land area in nature.
13. the representative of the Virsmežniecīb for this rule checks referred to in point 12 of the Act shall be drawn up. The Act includes information about translation in compliance with the forest land specified in the authorisation, of the transformation of land use. The Act is signed also by a representative of the local authorities.
14. Forest land transform in other land use will be considered arbitrary if the transformation performed without permission or land use does not match the specified in the authorization of the transformation.
15. If the transformation was carried out without permission, State Forestry Department shall recover damages in triple the amount of forest land owner or legal possessor of a good state.
16. following the transformation of the proposing State land service of the order, certified surveyors or surveying the licensed legal entity shall prepare a land owner or legal possessor of land borders, updated and/or situation.
17. Transformation shall be deemed complete when the State land service of the regional chapter, based on this provision, paragraph 13, and the acts referred to in this rule referred to in paragraph 16 of the updated land units and/or situation plan, has made changes in the real estate cadastre of the State.
18. the national land service of regional Department shall inform the local Government of virsmežniecīb and changes the State of the real estate cadastre.
19. Virsmežniecīb makes changes to the forest in the national register, on the basis of this provision of the Act referred to in paragraph 13 and the State land service of the information received.
III. Transformation to the application, examination and approval procedures 20. Transformation shall submit to the agent the transformation application at virsmežniecīb, which is located in the territory of monitoring forest land. translation
21. the Transformation of the application shall be accompanied by the following documents: 21.1. where these rules propose the transformation of 2.1, 2.2 or 2.3.. a person referred to in paragraph — property rights supporting documents — the land registry certificate or copy of Act (the original show) or legal possessor of the right to a copy of the identity document;
21.2. This provision a person referred to in point 2.3 — legislation duly certified power or authority (a copy of) the agreement concluded with the forest land owner or legal possessor;
21.3. the provisions referred to in point 2.4, the person (copy) the contract concluded with the forest land owner, possessor or their authorized legal person;
21.4. the land boundary plan and/or situation plan (copy), containing the translation of the forest land and area;
21.5. woodland passage of the plan (copy), containing the translation of the forest land area;
8.5. If the transformation needed for the construction of buildings and premises: 21.6.1. topographical plan (copy) in which the translation of selected instrumental in uzmērīt forest land area;
21.6.2. the būvvald coherent sketch project (copy) or the technical project (copy). This provision 2.4. in the case referred to in subparagraph sketch a copy of the project or a copy of the technical project coordinated with forest land owner, possessor or their authorized legal person;
21.7. translation of the nogabal raksturojošo forest land estimates are in accordance with the laws and regulations governing forest inventory procedures;
21.8. regional environmental management technical rules (copy) the transformation of forest land or environmental impact assessment State Bureau (copy) of the environmental impact assessment of the final report.
22. Virsmežniecīb application of the transformation of the transmitted and this provision paragraph 21 copies of the documents referred to in the opinion: 22.1. the city (district) Council or Parish Council;
22.2. the specially protected natural areas Administration (if any) if the translation of the forest land is in strict nature reserve;
22.3. the regional environmental Board, if the transformation for specially protected habitat restoration.

23. The town (district) Council or Parish Council shall deliver an opinion on the merits of the application for the transformation and the planned activities and the planned real estate used for compliance with municipal planning (planned) the permitted use of the territory, and detailed. If forest land is being transformed, using local co-financing, the city (district) Council or Parish Council opinion indicates information about local government co-financing for the implementation of the project.
24. The specially protected natural areas, the administration shall issue an opinion on the conformity of the proposed transformation of the laws governing the protection of the territory concerned and use.
25. the regional environmental authority shall issue an opinion on the appropriateness and reasonableness of the transformation of the specially protected habitat restoration.
26. The town (district) Council or Parish Council, particularly the administration of the protected natural areas, as well as regional environmental management provides this rule 23, 24 and 25 of that opinion within 15 days of application and the provisions of paragraph 21 of the document referred to in the copy of the receipt.
27. the law on Virsmežniecīb administrative procedure the deadline assessed received documents (with the exception of those rules specified in paragraph 28 cases) and, if the transformation corresponds to the requirements of the laws and these rules 23, 24 and 25 above, the findings are positive, in writing, inform the agent of transformation to transformation, as well as the agreement of the calculated losses and issue the statement.
28. If the transformation is allowed to perform only with the panels of the cabinet order, virsmežniecīb: 28.1. within 30 days from the date of receipt of the application, examine the documents submitted and if the transformation corresponds to the requirements of the laws and these rules 23, 24 and 25 above, the findings are positive, inform the agent of the transformation of the order of the Cabinet of Ministers;
28.2. within 30 days from the date of receipt of the application, submit a copy of the application in the Ministry of agriculture, the rules referred to in paragraph 21 of document copies, 23, 24 and 25 of the opinion referred to in paragraph 1 and 6 of the Act referred to in paragraph copy;
28.3. within five days of the Cabinet of Ministers order the publication of the newspaper "journal" calculation and issue a statement of the proposed transformation.
29. the Ministry of agriculture 15 days after this rule 28.2. receipt referred to prepare the draft order of the Cabinet of Ministers on the transformation and the permissible amount of forest cutting and regulations established shall submit it to the Cabinet for consideration.
30. Virsmežniecīb five days of this provision in paragraph 36 of document receipt shall authorise the proposed transformation.
31. the cost of the permit shall be borne by the initiator of the transformation.
32. Virsmežniecīb agent for transformation motivated the refusal to provide (annex 3), where: 32.1. it is established that the transformation does not meet the requirements of the law;
32. one of the provisions of article 23, 24 or 25. the opinions referred to in point is negative;
32.3. the transformation of the agent within 10 days after receipt of the statement is not submitted in document virsmežniecīb establishing damages;
32.4. The Cabinet of Ministers has been rejected by the transformation.
33. If the Cabinet has rejected the transformation: 33.1. Ministry of agriculture within five days shall notify in writing virsmežniecīb;
33.2. virsmežniecīb five days of this rule 33.1. the communication of the information referred to in (a) shall be issued to the agent of the transformation of the transformation.
34. on the issue of virsmežniecīb in accordance with the statutory procedure for the issue of a certificate shall, if the tree felling trees, digging is required.
IV. the calculation of Damages and reimbursement procedure 35. Losses is calculated using the following formula: Z = S x R x tv Dmin. x K1 x K2, where Z — the State suffered loss (Ls);
S — transformational forest land area (ha);
R tv — one hectare natural forest environment in relative value depending on the growing conditions of the forest type (ha-1) (annex 4);
DMin. — the national minimum wage per month ($);
K1 — a factor depending on the forest land of aprobežojum economic activities (annex 5);
K2: a factor depending on the destination of the transformation (annex 5).
36. The transformation of the agent within 10 days after receipt of the statement shall be submitted in document virsmežniecīb, which shows that the damage is indemnified.
V. closing question 37. Be declared unenforceable in the Cabinet of 27 February 2001, Regulation No 94 "forest land transformation agenda" (Latvian journal, 2001, no. 35).
Prime Minister i. Emsis Minister of Agriculture m. Roze Editorial Note: rules shall enter into force on October 2, 2004.
 


 


 


 
 




 
 
5. the annex to Cabinet of Ministers of 28 September 2004, the Regulation No 806 coefficients K1 and K2, depending on the forest land of aprobežojum economic activities and the transformation of the objective 1.
The factor K1 depending on operating aprobežojuma1:1.1.
mikroliegum 5.0, 1.2.
especially protected forest workstations 5.0 1.3.
Forest City administrative boundaries 5.0 1.4.
specially protected natural areas of the nature reserve area of the adjustable mode 5.0 1.5.
specially protected natural areas natural zone barring 5.0 1.6.
The Baltic Sea and Gulf of Riga coastal dunes of the coast strip 10.0 1.7.
The Baltic Sea and Gulf of Riga coastal zones limited operating 4.0 bar 1.8.
the forest cluster 4.0 1.9.
Marsh and Lake Island 4.0 1.10.
the status of watercourses and floodplains 4.0 1.11.
protected zones along the wetlands 4.0 1.12.
natural parks and specially protected natural areas natural park area 3.0 1.13.
natural monuments 3.0 1.14.
specially protected natural areas of the heritage area 3.0 1.15.
the protected landscape area and specially protected natural areas of the landscape protection area 3.0 1.16.
specially protected natural areas of the buffer zone of nature reserve 3.0 1.17.
environment and natural resources protection zones, with the exception of the Baltic Sea and Gulf of Riga coastal protection zone and protection zone around cultural monuments 3.0 1.18.
specially protected natural areas of the neutral zone 2.0 1.19.
sanitary protection zone 2 2.0.
Coefficient K2 depending on forest land: 2.1 the objective of transformation.
specially protected habitat restore 0 2.2.
plantation forest agricultural use of the 0 transformation 2.3.
public investment in the infrastructure projects, as well as investment projects financed or co-financed from the State or a local government budget 0 2.4.
Woodland transformation in other cases 1.0 note.
1 if the transformation envisaged forest land which is not referred to in paragraph 1, the factor K1 is in 1.0. If the same translation, or part of the area covered by the various aprobežojum economic activity coefficient K1, calculated taking into account the more rigorous aprobežojum.
Minister of agriculture m. rose