Key Benefits:
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PROPOSED LAW NO. 232 /X
Exhibition of Motives
The Law No. 159/99 of September 14 constituted a first structuring moment in the
which concerns the decentralization of competences for municipalities in respect of
forest policy.
The joint work between the central administration and the municipalities in this field culminated
in the publication of Law No. 14/2004 of May 8, which created the municipal commissions of
forest defence against fires, which have been constituted as coordination centres and
local action of municipal scope, to be operated under the coordination of the mayor
municipal.
The said Act provided for the possibility of the municipal forest defence commissions against
fires can be supported by a forest technical office of the responsibility of the
city chamber.
With the development of a set of activities and initiatives of significant
importance in the scope of the protection and prevention of the forest, the former directorate of the
Forest Resources (DGRF) has been establishing with the municipalities, from 2004 to the
present date, protocols for the operation of forest technical offices.
Considering that, since 2004, the operation of forest technical offices has
coming to be ensured by the municipalities, through the conclusion of protocols with the ex-
DGRF and with recourse to monies from the Standing Forest Fund.
Considering the need to stabilize, clarify and standardize the terms of the
transfer of assignments to the municipalities in respect of constitution and
operation of forest technical offices, a framing regime is defined with
respect for the provisions of Law No 169/99 of September 18.
It was heard from the National Association of Portuguese Municipalities.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
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Assembly of the Republic the following proposal for a law:
Article 1.
Subject
This Law establishes the transfer of assignments to the municipalities of the continent
on the constitution and operation of forest technical offices, as well as
others in the field of forest prevention and defence.
Article 2.
Scope
They are transferred to municipalities the following assignments:
a) Monitoring of forest foment policies;
b) Monitoring and reporting in the framework of supporting instruments
to the forest;
c) Promotion of action policies in the context of control and eradication of agents
biotics and defense against abiotic agents;
d) Support for the municipal forest defence commission;
e) Drafting of municipal forest defence plans against fires, the
present to the municipal forest defence commission;
f) Proceed to the annual cartographic record of all the management actions of
fuels;
g) Collection, registration and updating of the Forest Defence Network database
Fires (RDFCI);
h) Technical support in the construction of rural paths in the context of the implementation of the plans
municipal defence of the forest;
i) Monitoring of fuel management work in accordance with the article
15. of the Decree-Law No. 124/2006 of June 28;
j) Preparation and drafting of the regulatory framework concerning the licensing of
scorched, pursuant to Article 27 of the Decree Law No. 124/2006 of June 28,
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to be approved by the municipal assembly;
l) Preparation and drafting of the regulatory framework concerning the authorisation of the
use of fireworks or other pyrotechnical artefacts, pursuant to the
article 29 of the Decree-Law No. 124/2006 of June 28, to be approved by the assembly
municipal.
Article 3.
General principle
The provisions of this Law shall subordinate to the principles enshrined in the Law of Bases of the
Forest Policy.
Article 4.
Articulation with other subjects
The municipal chambers articulate the forest defence policies with the policies of
education, environmental sustainability, economic fostering and the civil protection of the respective
municipalities.
Article 5.
Transfer of appropriations
1-Are transferred to the municipalities the appropriations entered in the Forest Fund
Permanent relating to forest technical offices.
2-The amount of monies to be transferred annually to the payment of the expenses to which if
refers to this Act is updated on the terms equivalent to the updating of the amounts
corresponding cash from the single remunerative table of the employees with
legal employment legal relationship.
Article 6.
Legal references
The municipalities are considered to be the constant references of other legal diplomas
on assignments of entities and bodies of the central administration, provided for in the article
2.
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Article 7.
Entry into force
This Law shall come into force on January 1, 2009.
Seen and approved in Council of Ministers of October 23, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs