Establishes The Transfer Of Powers To The Municipalities In The Mainland In Respect Of The Setting Up And Operation Of The Technical Forestry Offices, As Well As Others In The Field Of Prevention And Protection Of The Forest

Original Language Title: Estabelece a transferência de atribuições para os municípios do continente em matéria de constituição e funcionamento dos gabinetes técnicos florestais, bem como outras no domínio da prevenção e da defesa da floresta

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c3342776244497a4d6931594c6d527659773d3d&fich=ppl232-X.doc&Inline=false

1 PROPOSAL of law No. 232/X explanatory memorandum to the law no 159/99 of 14 September, constituted a first structuring moment with regard to the decentralization of powers to the municipalities in forest policy. The joint work between the central Government and the municipalities in this field culminated in the publication of law No. 14/2004, of May 8, which created the municipal committees for the defense of the forest against fires, which constituted as coordination centres and local action of municipal scope, working under the coordination of the Mayor. The Act provided for the possibility of municipal committees for the defense of the forest against fires can be supported by a forest technician Office the responsibility of City Hall. With the development of a set of activities and initiatives of significant importance in the context of the protection and prevention of forest, the former Directorate General of forest resources (DGRF) was established with the municipalities, since 2004 to date, protocols for the operation of the technical forestry offices. Whereas, since 2004 the operation of the technical forestry offices has been assured by the municipalities, through the conclusion of agreements with the former DGRF and using money from the Forest Fund permanent. Considering the need to stabilize, to clarify and standardize the terms of the transfer of responsibilities to the municipalities in respect of the setting up and operation of the technical forestry offices, sets up a scheme defines with respect for the provisions of law No. 169/99 of 18 September. Was heard the National Association of Portuguese municipalities. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents the 2 Assembly of the Republic the following proposal of law: Article 1 subject-matter this law establishes the transfer of powers to the municipalities in the Mainland in respect of the setting up and operation of the technical forestry offices, as well as others in the field of prevention and protection of the forest. Article 2 Scope Are transferred to the municipalities the following assignments: a) monitoring of forest policies; b) monitoring and reporting under the tools to promote forest; c) promoting policies for action in the context of the control and eradication of biotic agents and defense against abiotic agents; d) City Commission support for the defense of the forest; and) municipal plans of the forest defence against fire, to be submitted to the municipal Commission of Defense of the forest; f) register annual cartographic all actions fuel management; g) collection, recording and updating of the database of the defence network of the forest against Fires (RDFCI); h) technical support in the construction of rural roads in the framework of the implementation of the municipal forest Defense plans; I) monitoring the work of fuel management in accordance with article 15 of Decree-Law No. 124/2006 of 28 June; j) Preparation and drafting of the regulatory framework relating to the licensing of burned, in accordance with article 27 of the Decree-Law No. 124/2006, of June 28, 3 to be approved by the City Council; l) Preparation and drafting of the regulatory framework concerning the authorisation of the use of fireworks or other pyrotechnic articles pursuant to article 29 of Decree-Law No. 124/2006, of June 28, to be approved by the City Council. Article 3 general principle the provisions of this law shall be conditional to the principles enshrined in the Law of Forestry policy. Article 4 links with other subjects The municipalities articulate defense of the forest policies with policies for education, environmental sustainability, economic promotion and civil protection of the respective municipalities. Article 5 1-funds transfer Are transferred to the municipalities the appropriations entered in the Permanent Forest Fund relating to technical forestry offices. 2-the amount of funds to be transferred annually to pay the expenditure referred to in this law is updated in equivalent terms to the update of monetary amounts corresponding remuneration table only workers with legal relationship of public employment. Article 6 legal References made to municipalities are considered references contained in other legislation about entities and assignments central government bodies, provided for in article 2 4 Article 7 entry into force this law shall enter into force on 1 January 2009.

Seen and approved by the Council of Ministers of October 23 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency