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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