Authorizes The Government To Pass The Forest Code

Original Language Title: Autoriza o Governo a aprovar o Código Florestal

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449324e7931594c6d527659773d3d&fich=ppl267-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 1 explanatory memorandum the appreciation and protection of forest resources and spaces was always one of the priorities of regional policy. Since the Visigothic code, which established the first measures of protection of forest stands, passing through numerous legislative measures and sovereign Government of the first dynasties, including even the creation of high-value strategic forest massifs, standing out the Pinhal de Leiria as the first example world reforestation on a large scale until the development in the early twentieth century , a regulatory body, which the public authorities care in creating an appropriate legislative framework the challenges that, in every age, the country faced. Dating from the early 19TH century perception of the necessity of a forestry code that check consistency to already sprayed, unstable and outdated legislative building. For this even warned in 1815 José Bonifácio de Andrade e Silva, Portuguese and the Patriarch's first Forester independence of Brazil, with regard to the need for a new forest policy. However, only in 1901, with the entry into force of the forestry regime has, in Portuguese law, the first piece of legislation of general nature, founded on the most modern techniques of forest management then available, placed Portugal at the level of the European countries most advanced in forestry legislation. Based on the forest regime, intervention programmes have been adopted and of sustainable forest management for about a third of the forest surface, an affront to the most serious environmental problems with which was then the country, such as the erosion or the conservation of plant formations of high ecological value, allowing the consolidation of the forestry sector as one of the most important in the national economy and your contribution to the rural development policies of environment and conservation of nature, with the creation of the first protected areas networks.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 2 However, the Portuguese forest, overwhelmingly private, characterized by an enormous diversity of production systems and property structures early on required legislative measures which complement each other the forestry regime, especially as regards the economic exploitation of the many resources provided by forest and spaces your defense against unsustainable exploitation , fire or pests and diseases. In this sense, was published in 1926 the regime of "protection of the Forest Wealth of the country" and it has since been produced numerously specific legislation, complementary in nature, responding are the profound changes of ecosystems, economy and society. The adoption, in 1996, the Forest Policy Act, allowed the development of Portuguese forest legislative system, providing an opportunity for your simplification and adaptation to the new challenges of safeguarding and management of forest spaces, better perceived by society with the fires of 2003 and 2005, and with the emergence of several epifitias that threaten the sustainability of the main forest ranks as well as the State of conservation of protected ecosystems. The National Forest Strategy, approved in 2006, recognized as the priority goal of streamlining and simplification of the legislative framework, reducing the profusion of legislation, increasing your efficiency and giving greater credibility to the action of the administration. So, in this beginning of the 21st century, Portugal is faced, again, with the urgent need to update the legal regime of protection and development of forest resources and sustainable use of wild spaces, renewing the longest service standards but whose relevance remains, simplifying the legal provisions for a more transparent and efficient performance of public services, and scattered legislation encoding by numerous diplomas. Was triggered consultations with government organs of the autonomous regions.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 3 was triggered consultation with the National Association of Portuguese municipalities and the National Association of Parishes. Was triggered National consultation of the Commission on data protection. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter is granted authorization to the Government to approve the forestry code and a system against specific infringements ordenacional-of nature. Article 2 this law Sense of legislative authorization is granted to enable greater effectiveness in the prevention and repression of illicit contra-ordenacionais concerned, with a view to the final objective embodied in the conservation and rational management of forest resources, to deprive those responsible of any economic benefit resulting from offences or, at least, of the sanction in proportion to the seriousness of the offences committed , to take advantage of the new technologies offer, without changing the guarantees of the accused's defence, enabling the licensing by the municipalities in the actions of afforestation and reforestation, as well as of the statement and the corresponding decision contra-ordenacionais and processes still require the owners and other forest producers of forestry operations, to ensure the safeguarding of forest heritage.

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Article 3 extension to extension of legislative authorization granted is as follows: the Fixing of fines limits) applicable to staff in the minimum amount of € 50 and the maximum amount of € 100,000, should the offender be natural person; (b) Fixing the limits of fines) applicable to staff in the minimum amount of € 500 and the maximum amount of € 500,000, in the case of the offender be legal person. c) Consecration of administrative responsibility with respect to those acting on behalf of others, since to do so voluntarily, as a body, a member or representative of a legal person or company, even if irregularly incorporated, or mere de facto Association, or legal representation or a volunteer of others; d) establishment of a single computerised registration in which are thrown all the penalties imposed; and) consecration of the maximum of three years, to the penalties, of duration of deprivation of subsidies or other benefits, granted or to be granted, by entities or public services, within the framework of the forest activity; f) assignment of faith in mind to the news raised by the authorities or law enforcement officers in the performance of their supervisory functions, until proven otherwise; g) prediction that the goods seized offenders constitute guarantees of payment of fines; h) establishing the possibility of advance sale of assets seized provisionally, when there is a risk of deterioration or it is required by its owner or holder;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 5 i) prediction of voluntary payment by the legal minimum of the fine if the offender does not have any history in the respective individual registration; j) forecast the loss Declaration in favour of the State of any instruments, which served or were designed to serve the practice of administrative offense, as well as the goods, products and amounts seized in violation process; l) forecast the prescription, within five years the practice of against-ordination, the procedure for serious and very serious offences; m) forecast the prescription of fines and penalties, within two years on the practice of the administrative offense, in the case of minor offences; n) prediction of obligation to the owners and other forest producers to forestry operations in the respective minimum forest holdings and agri-forestry; the) prediction of possibility of free entry in the establishments and places where they engaged in the activities to be inspected by the administrative authorities in the exercise of its functions, supervisory or monitoring inspectivas; p) forecast, in the case of afforestation and reforestation with fast-growing species, licensing, by municipalities, of actions that involve areas of less than 10 ha; q) Consecration of the municipalities and decide to instruct a misdemeanour procedures, as regards the actions of the forest operators, and at arborizações and rearborizações up to 10 ha; r) prediction that the forest spaces can be submitted to the forest regime and its burden and impact; s) prediction that the forest private spaces, not included in the total or partial forest regime, benefiting from public support for the creation or improvement of stands, are subjected to special forest regime, by virtue of the contract and during your term;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 6 t) prediction that the lines of communication in forest land subject to forest scheme which do not constitute public access of settlements or private properties, are not open to public traffic; u) consecration of the possibility of the State budget could achieve annual tax benefits appropriate to the forestry sector, in addition to the established forest law applicable. Article 4 term legislative authorization granted by this law lasts for 90 days.

Seen and approved by the Council of Ministers of 23 April 2009 Prime Minister the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 7 public service exists in Portugal, forestry as autonomous entity, since 1824, when the Forest Administration of the Kingdom under the tutelage of the Ministry of marine, which moved later to the Ministry of public works, Commerce and industry. In 1886 Forest services are created, depending on the Directorate-General for agriculture, and in 1919, under the tutelage of Government of the Ministry of agriculture, Directorate-General of Forestry and aquaculture Services, allowing to perform the greatest works of forestry in Portugal, in particular the implementation of the afforestation of coastal dunes, torrential correction and achieving Afforestation plan of 1938, with the planting of the countryside. In 1901 through the Decree of 24 December 1901 forest scheme is approved, order that included the set of rules applicable to the forest sector and that remains our current legal system ever since. During the 108 years of validity of the arrangements, were numerous diplomas that, on the most varied areas of forest intervention, have been regular these matters by revoking some of the regime's standards and keeping others at this point are inadequate the existing reality. In addition, the legislation that regulates the forest sector is dispersed by numerous diplomas, making your application. The Government decided to create the national forest Authority, a new entity with a new organic law that has in their public missions the appreciation of forestry ranks, and thus a new perspective of affirmation of essential functions of the State, securing partnerships with entities related to the sector and ensuring better quality of public service.

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8 So, one of the objectives of this new entity is the approval of a forestry code to compile and update the enquadradoras materials of forestry activities that were scattered and so adopt a document structuring for the sector that set the national forestry policy and a set of policy instruments that allow your execution. So: the use of legislative authorization granted by law n° ___/___, ___, and in accordance with subparagraph (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: article 1 approval is approved the forest code, which is published in the annex to this decree-law and which is an integral part. Article 2 Legislation regulate the regulatory legislation, technical standards and rules laid down in the forest code approved in annex to this decree-law and which is an integral part, are published within 12 months from the date of your entry into force. Article 3 Application in time 1-administrative procedures initiated before the entry into force of the forest code approved in annex to this decree-law and which is an integral part, applies the law in force at the time of the initiation of the proceeding. 2-the punishment of forestry administrative offense is determined by the applicable law at the time of practice of fact or filling of the assumptions that depends on.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 9 3-Notwithstanding the preceding paragraph, this decree-law shall apply in cases where it is specifically more favourable to the defendant, unless already paid the fine and accomplished the accessory penalty that has been imposed. Article 4 monitoring of the implementation of the forest code 1 consists of a cross-sectoral working group to follow-up on the advisory nature of the forest code approved regulations annexed to this decree-law and which is an integral part, by order of the Member of Government responsible for the area of forests. 2-the Working Group referred to in the preceding paragraph is part, representatives of the members of the Government responsible for the areas of forests, environment and land management, economics and research. 3-the Working Group shall cease on 31 December 2010. Article 5 transitional provision until the publication of the standards referred to in article 14, paragraph 3 of article 15, paragraph 4 of article 17, paragraph 2 of article 19, paragraph 4 of article 21, paragraph 7 of article 24, paragraph 2 of article 33, paragraph 3 of article 37, paragraph 4 of the 40, in paragraph 13 of article 45 in paragraph 7 of article 49, paragraph 3 of article 55, paragraph 2 of article 68, paragraph 2 of article 69, paragraph 4 of article 73 and paragraph 4 of article 74 of the forest code approved in annex to this decree-law and which is an integral part, shall remain in force the technical standards currently in force.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 10 article 6 autonomous regions the forest code approved by the present Decree-Law shall apply to the autonomous regions of the Azores and Madeira, without prejudice to your fitness regional specificity, introduced by regional legislative decree. Article 7 the following shall be repealed: the set Standard) the Decree of 24 December 1901; b) the Decree of 24 December 1903; c) the Decree of 9 March 1905; d) the Decree of 11 July 1905; and) the Decree 12625 November 9, 1926, as amended by Decree No. 12793, of 30 November 1926; f) Decree-Law No. 13658, of 20 may 1927; g) Decree-Law No. 13658, of 23 May 1927; h) Decree No. 20985, 7 March 1932; I) the Decree 26408, 9 March 1936; j) Law No. 27667, of 24 April 1937; l) Decree-Law No. 28039, of 14 September 1937; m) the Decree 28040, of 14 September 1937; n) Decree-Law No. 28468, of 15 February 1938; the) the Decree 28517, of 11 March 1938;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 11 p) Law No. 1971, of 15 June 1938; q) Decree-Law No. 28468, of 15 February 1938; r) Decree No. 31002, of 24 December 1940; s) the ministerial order No. 11070, 22 August 1945; t) Decree-Law No. 38273, of 29 May 1951; u) Decree-Law No. 38630, of 2 February 1952; v) Law No. 2069, of 24 April 1954; x) Decree-Law No. 39931, of 24 November 1954; z) Decree-Law No. 41033, of 18 March 1957; AA) Decree-Law No. 43464, of 4 January 1961; BB) paragraph 2 of ministerial order No. 23526, 8 April 1968; CC) the Decree 44625, of 13 October 1962; DD) Decree-Law No. 145/72, of 3 may; EE) Decree-Law No. 129/88, of 20 April; FF) Decree-Law No. 139/88, of 22 April; Gg) Decree-Law No. 173/88 of 17 may; HH) Decree-Law No. 174/88 of 17 may; II) Decree-Law No. 175/88, of 17 may; JJ) Decree-Law No. 139/89, of 28 April; LL) Decree-Law No. 180/89, of 30 may; mm) the ministerial order No. 513/89, of 6 July; nn) the ministerial order No. 528/89 of 11 July;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 12 oo) Decree-Law No. 423/89 of 4 December; pp) Decree-Law No. 327/90, of 22 October, amended by law No. 54/91, of 8 August, by Decree-Law No. 34/99, of February 5, by Decree-Law No. 55/2007, of 12 March; QQ) Law No. 33/96, of 17 August; RR) Decree-Law No. 276/97, of 8 October; SS) Decree-Law No. 20/98, of 3 February, as amended by Decree-Law No. 253/98, of 11 August; TT) Decree-Law No. 224/98, of 17 July; uu) Law No. 158/99, of 14 September; VV) Decree-Law No. 528/99, of December 10, as amended by Decree-Law No. 147/2001, of May 2; XX) Decree-Law No. 169/2001, of May 25, as amended by Decree-Law No. 155/2004, of 30 June; ZZ) Decree-Law No. 316/2001, 10 December; AAA) section III of Act No. 30/2006, of 11 July. Article 8 references to repealed All legislation references to the legal provisions and to the revoked legislative acts in accordance with the provisions of the preceding article shall be deemed to be made to the corresponding provisions of the forest code approved in annex to this decree-law and which is an integral part.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 13 article 9 entry into force this law shall enter into force 90 days after your publication.

Seen and approved by the Council of Ministers of the Prime Minister and State Minister of finance the Minister of Internal Affairs the Minister of Justice


The Minister of economy and Innovation the Minister of the environment, regional planning and Regional development, the Minister of agriculture, Rural development and fisheries the Minister of labour and Social solidarity PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 14 ANNEX FOREST CODE title I General provisions Article 1 subject-matter 1-the present forest code later, abbreviated, designated by code, falls under the guidelines of forestry policy and covers the standards pertaining to the planning, land use and forest management, determines the impact of the forestry scheme, the protection of the forestry heritage, the valuation of forest resources, and the arrangements applicable to administrative offences. 2-the code is applicable throughout the national territory. Article 2 Definitions for the purposes of this code: to) shares of emergency stabilization and rehabilitation ' means the set of very short and medium term required to repair damage or disruption caused by forest fires or fire suppression activities, eliminate risks to the safety of persons and property and restore the biophysical capacity of ecosystems to the pre-existing conditions , or want; b) abiotic agents», the physical elements like wind, fire, snow and others, which affect the development of vegetable formations and that can be in some cases limiting factors to forest management objectives;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 15 c) «biotic Agents», the living elements of ecosystems that can take on epidemic behavior as pests, disease, infestations and invasions, and that may limit the development of vegetable formations and constitute in some cases limiting factors to forest management objectives; d) «Afforestation», afforestation or plantation forestry species; e) hazardous area», «the areas defined and delimited cartographically national territory and waters under national jurisdiction, that, in the light of your relevance to nature conservation and biodiversity, are subject to specific rules; f) «sensitive» forest areas the areas that, from the point of view of the risk of fire, exposure to pests and diseases, sensitivity to erosion, and the ecological, social and cultural importance, enforce standards and special measures for planning and intervention, and may take various names depending on the nature of the situation to which they relate; g) ' protected areas ', an area classified as a function of your relevance to nature conservation and biodiversity, in any one of the types referred to in the legal regime of nature conservation and biodiversity; h) ' public interest ' Grove, forest stands, Woods or groves and gardens of botanical interest, historical, or artistic landscape, as well as isolated specimens of plant species that by your representative, rarity, size, age, history or cultural significance can be considered to be relevant in the public interest, and if you recommend the careful maintenance, management and conservation;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 16 i) «spontaneous» Holly, all copies individually or in settlement of Ilex aquifolium, also known as pica-leaf, visqueiro or zebro, whose occurrence is the result of natural regeneration, excluding those grown for personal consumption or for marketing; j) «Fathoms», the branches that fall in the leg kicks. l) «Conversion», for the purposes of intervention in stands of cork oak and Holm oak or mixed of these species, as the amendment that implies modification of scheme, the composition or the reduction in density of the population below minimum values defined in ggg) of this article; m) ' conversion ' Cuts, interventions in which, through logging, start or if it reduces the density of settlements under minimum values defined in ggg) of this article; n) «ordinary» Cuts, the cuts provided for in forest management tools, or that fit in the normal cycles of afforestation, bosquets, isolated or scattered thickets feet; the ' extraordinary ' Cuts) any cut that runs out to the planning cycle of afforestation, bosquets, isolated or scattered Grove feet for sanitary reasons, of maladaptation, burnt areas recovery or degraded, or for other reasons not planned; p) ' premature Cuts of stands of eucalyptus spp. ', where at least 75% of the trees in the stand not having a diameter at breast height 12 cm or more or a girth at breast height 37.5 cm or more; q) ' premature Cuts of stands of maritime pine ', where at least 75% of the trees in the stand not having a diameter at breast height 17 cm or more or a girth at breast height 53 cm or more;

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17 r) «» amadia, Cork Cork from parts of cork oaks in which is the third time or following that Cork is extracted; s) ' raw ' Cork, Cork after extraction, before suffering any physical or mechanical treatment; t) «secundeira» Cork, Cork from parts of cork oaks in which is the second time that Cork is extracted; u) «Virgin» Cork, Cork from parts of cork oaks in which is the first time that Cork is extracted; v) ' Thinning ', the operation used for density corrections in stands of cork oak or holm oak species or mixed, or through which, by startup or selective cut, are disposed of dead trees, deciduous, or heavily affected by pests or diseases, or that harm the development of other vegetative in good conditions or hazards to people and property; x) «Desbóia», the first harvesting a cork oak is submitted; z) ' Harvesting or rinds "», the operation consists of extracting of cork trees alive part of Cork that is; AA) «Pruning», the cutting operation of live or dead branches, with the objectives of promoting quality of wood, to promote the fuel discontinuity or the safeguarding of the security of transport infrastructure, including electric cables or communications; BB) ' relevant and sustainable agricultural Development interest for the local economy», the agricultural enterprise with importance for the local economy, measured in terms of net employment creation and added value greater than the current use of land, with economic and financial viability, and whose location, not possessing an alternative, suitable climate climatic fitness presents for agricultural use;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 18 cc) ' forest ', Spaces occupied land with forest, grassland or other matos and spontaneous plant formations, according to the criteria set out in the National Forest Inventory; DD) ' forest species of fast growth ', all that may be subject to exploitation in short, including the revolutions of the genera Eucalyptus and Populus; EE) ' indigenous forest species "means any species of flora in the national territory, and that it occurs naturally; FF) "invasive species" means the species which can, by itself, occupying the territory of an excessive form, in the area or in number of individuals, assuming the character of Prague or causing a significant modification in ecosystems; Gg) ' physical ' Merchantability management model of forest stands where trees are retained until they reach or be very close to expiry review; HH) ' social ' economic Merchantability the management model of the stands which intends to maximize the volume of large and healthy trees and providing the largest number of uses; II) ' holding in measure», the type of harvesting in which the surface of the Cork oak exploited for the production of Cork is divided into two or more parts, with a view to systematic extraction of the same in different years; JJ) «forestry and agro-forestry», the building or set of buildings occupied in whole or in part, by forest spaces belonging to one or more owners who are subjected to a single management; LL) ' holding of stands in short revolutions», the holding in which the completion of woody material is made using the application of shallow cuts at intervals of less than 16 successive years;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 19 mm) «forest Row», all the economic operators engaged in the production, processing, or marketing of a product or group of products obtained from goods from the forest or spaces associated with them; nn) ' Stem ', the name given to the section of the trunk of the tree measured from the base (lap) to the base of the Cup alive; OO) «Riverside riparian forests or Galleries», the forest formations associated to the vicinity of the water lines at the bottom of valleys, or the water level slightly variable masses; pp) "forest fire" means fire which runs on forest spaces, unplanned and uncontrolled and that, regardless of the source of ignition, requires suppression actions; QQ) ' Community ' Forests, all forest spaces owned and managed by local communities; RR) ' Woods ', all forest spaces belonging to or held by the State, the autonomous regions, local authorities and companies held by these entities; SS) ' private Forests», all the forest spaces belonging to private entities; TT) ' timber ' means timber crop products obtained from trees and shrubs, including wood, roundwood, logs, poles and stakes, roots, left over charcoal, and ramos and other plaiting materials; uu) ' woody ' Material, plant products obtained on forest spaces including Christmas trees, Cork, bark, bark tanning substances for mulching and substrates or fuel, fruits and seeds, are crazy for ornamentation, resins, aromatic and medicinal plants and herbs, and Mycological melíferos products and products produced by bees;

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20 vv) «minimum», Operations forestry interventions designed to prevent rise to critical levels the risk of occurrence and spread of fires and the spread of pests, diseases and invasive non-indigenous species, increasing the strength and resilience of the forest spaces; XX) ' forest ' or producers ' organizations "OPF", the associative or cooperative nature entities, and on the protection and promotion of the interests of European producers and forest owners and the development of actions for the preservation and enhancement of the forest spaces of his associates. ZZ) «Dick hit», the type of harvesting in which the entire surface of the Cork oak exploited for cork production matches the same year extraction; AAA) «forest», the whole Perimeter of land subjected to partial forest regime constituting a planning unit, owned by one or more entities; BBB) «Walk», the main branches and that fall directly in the trunk of the tree; CCC) ' small nuclei of cork oak, Holm oak or mixed of these species ' plant formations with area equal to or less than 0.5 ha and, in the case of linear structures, those that have more than 0.5 ha area and width equal to or less than 20 metres, where there is the presence of cork oak or holm oak associated or not with each other or with other species , whose density satisfies the minimum values defined in ggg); DDD) «training» Pruning, the cutting operation of living branches, with the objectives to guide the architecture and the shape of the stem; EEE) ' sanitary Pruning», the cutting operation of dead sticks, or alive showing signs of illness or impairment;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 21 fff) "Forest Settlement ', the area occupied with forest species that meets the criteria set out in the National forest inventory, including the natural stands and plantations young seedlings, seed orchards, forest nurseries, windbreaks and shelter blinds; GGG) «Settlement of cork oak, Holm oak or mixed species», vegetable formation with more than 0.5 ha area and, in the case of linear structures, with a width of more than 20 metres, where there is presence of cork oak or holm oak, associated or not with each other or with other species, whose density satisfies the following minimum amounts: i. 50 trees per hectare in the case of trees with a height exceeding 1 m , which do not reach 30 cm in girth at breast height; II. 30 trees per hectare, when the average value of the perimeter at breast height of the trees of the species in question is between 30 cm and 79 cm; III. 20 trees per hectare, when the average value of the perimeter at breast height of the trees of the species in question is between 80 cm and 129 cm; IV. 10 trees per hectare, when the average value of the perimeter at breast height of the trees of the species concerned is equal to or greater than 130 cm; HHH) «continuous», stands the stands that are separated by each other less than 200 m; III) ' woody ' very low Productivity lands in which it is not possible to conduct stands with Woody productivity exceeding three m3/ha/year of average annual increase; jjj) ' Owners and other forest producers», owners, tenants, Usufructuaries, superficiários, or whoever, the legitimate title for possessor or stop the administration of land that make up the forest spaces, regardless of your legal nature;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 22 lll) «Reforestation», the regeneration of the forest covered by either natural regeneration, using vegetative reproduction or seminal, or by means of artificial regeneration, by planting or seeding artificial; mmm) "forest resources" means the goods from the forest spaces and others associated with them, including timber and non-timber plants, wild game and fish from inland waters; nnn) "primary network of tracks fuel management ' means the collection of fuel management tracks, subregional level, bordering compartments with certain size, typically 500 to 10000 ha, designed primarily to fulfill the function of lowering the surface covered by large fires, allowing or facilitating a direct intervention of combat in front of the fire or on their flanks; OOo) «Silvopastoricia», the pastoral activity exercised in forestry; PPP) «», the Coppice in the continuity of the settlement is guaranteed by the use of toiça or root sprouts; QQQ) ' Toiça ' means that part of the tree that remains attached to the ground after slaughter; RRR) ' Sticks or little połaś», toiça sprouts or root coppicing scheme exploited; SSS) «protection zone», for the purposes of intervention in public interest Grove, as the area of the vertical projection of the cup of copy classified multiplied by the factor of 1.5, whenever is not set another for this purpose.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 23 TITLE II forest policy article 3 1 national forest policy-the national forestry policy aims at the conservation and sustainable development of forests, your appreciation, the improvement of natural systems associated with the definition of associated management programmes, the needs of the community in a framework of land use planning as well as the strengthening of the institutions of the sector. 2-the national forestry policy is developed in strategic frameworks established in the National Forest Strategy, the Rural development program, the National Program of land-use planning policy, as well as in the special plans of spatial planning and environmental policy, instruments for nature conservation and biodiversity and land management. Article 4 Objectives of forest policy 1-the national forestry policy pursues the following objectives: to) Blame the citizens for the preservation of forest spaces, while renewable natural resource, essential to the preservation of biodiversity and the economic development strategy of the country, in the diversity and nature of the goods and services it provides; b) promote and ensure sustainable development of the forest spaces and the activities of forest row, based on products and management certificates;

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24 c) ensure the use and management of forest spaces according to development priorities and policies, harmonized with internationally accepted guidelines and linked to sectoral policies for agricultural, environmental, land use planning, fiscal and industrial; d) Ensure sustainable management of the forest spaces and associated resources such as water resources, soil, air, fauna and flora, promoting the harmonization of the multiple roles they play and safeguarding their landscaped, recreational aspects, cultural and scientific, in a framework of territorial development and integrated socio-economic in order to meet the needs of present and future generations; and) improve the performance of forestry and agro-forestry farms, optimising the use of the productive potential of the spaces and forest resources, contributing to the fight against the depopulation of rural areas; f) promote professional management of national forest heritage, in particular through the regional planning of forest holdings and boosting the creation of scale management units, and support for the voluntary sector; g) Ensure the contribution of forest spaces in maintaining biodiversity, safeguarding of water resources, soil conservation, improving air quality and in combating desertification; h) Ensure the protection of the forest types of particular ecological importance and fragility, in particular mountain areas, the dune systems, the settlements of quercíneas and Riverside forests; I) ensure the protection of the forest against biotic and abiotic agents, particularly against forest fires, pests and diseases and invasive species; j) Promote scientific research and technological development applied to the forest domain.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/25 2-4 State support the development forest and set regulatory standards of the fruition of forest resources in harmony and with the active participation of producers and users of the goods and services of the forest spaces. Article 5 1 Forest Administration-the National Forestry Authority (AFN) is the entity responsible for the forestry sector and the implementation of the national forest policy. 2-the AFN collaborate in the definition of measures of forest policy, ensure your implementation, normalize, monitor and report the activity of professionals working with agents, as well as reconcile the various interests involved. 3-the management of the forest spaces under the jurisdiction of the State, with the exception of the forest spaces under the jurisdiction of the Institute for nature conservation and biodiversity (ICNB, I. P.), the AFN, directly or through other forms that are appropriate. Article 6 1 policy instruments-the national forestry policy comprises a set of programmatic instruments of planning, space management, forest definition of incidences of forest regime in the territory, forestry, heritage protection of wild resources development, forestry activity and regulation of information management of forest resources. 2-implementation of the national forest policy are defined and implemented the following types of instruments: the) forest planning; (b)) and planning management of forest spaces;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 26 c) forestry heritage protection; d) Of forest resources development; and support the implementation of) forest policy. 3-in addition to the instruments referred to in the preceding paragraph and provided for in this code may be created by diploma own other instruments of similar nature, aimed at the achievement of the objectives set out in the national forest policy. Article 7 National Forest Strategy 1-National strategy for forests (ENF) constitutes the strategic reference document of the long-term sector, and guidance for sectoral plans and regional forest plans nationwide or regional specialty. 2-the NURSE is a sectoral plan in accordance with the legal regime of territorial management instruments, which is based on the basic documents and guidance of the European Union and other international organisations and developing the General principles of national forest policy and national planning policy. 3-the NURSE is approved by Council of Ministers resolution. TITLE III article 8 forestry Planning instruments of forest planning are considered instruments of forest planning land-use plans, and management of forest-wide intervention.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 27 article 9 1-forest Planning forest planning is the ongoing process of decisions and actions about alternative ways to use and conserve the forest resources and spaces in order to achieve medium and long-term objectives set out in the national policies and strategies. 2-the forest planning system integrates four distinct planning levels: the National Level), strategic reference; (b) regional Level) sectoral focus; c) at local level and defines forestry management; d) operational level and response to specific constraints of local forest management. 3-the development of national and regional plans, as well as the plans and programs of national scope the AFN. Article 10 land-use plans, intervention and management 1-forest land-use plans, intervention and management of forestry scope are formed by regional forestry plans (PROF.), forest management plans (PGF) and by specific plans forest intervention (PEIF) and your scheme consists of special legislation. 2-The PEIF concerning the defense of the forest can fit the reality.

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Article 11 plans and special plans and programs special programs aimed at the unison and the extended framework of different entities face the specific problems, in particular those relating to the protection of the forest, to the use of wild resources and development of ranks, in effect for the period deemed necessary. TITLE IV management of the forest spaces chapter I article 12 forest management to forest management encompasses the set of forest management planning processes and management practices and use of forest resources, a coherent and balanced, in order to pursue certain objectives environmental, economic, social and cultural rights. Article 13 obligation to 1 forest management-the development and implementation of PGF is mandatory for the following cases: a) and public forest-forestry and community; (b)) and private forest forestry dimension equal to or greater than the set in their PROF;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 29 c) agroforestry and forest Holdings, subject to applying for national or Community funds intended for improvement and enhancement, productive and commercial forestry; d) intervention Zones, in accordance with its own legislation; 2-in addition to the cases provided for in the preceding paragraph, the elaboration and execution of PGF is still required for the installation and maintenance of irrigation perimeters and shelter for the establishment or improvement of areas of stands of cork oak, Holm oak or mixed species, within the framework of compensatory measures of cork oaks and holm oaks. 3-the technical development of the preparation and implementation of the PGF consists of special legislation. 4-forest owners and producers are required in their forest holdings and agri-forestry forestry operations to minimal. 5-The minimum silvicultural operations referred to in the preceding paragraph shall be determined by order of the Member of Government responsible for forests, taking into account the established in Prof. Article 14 management of stands Without prejudice to regional forestry plans, technical standards associated with the management of the forest stands are determined by order of the Member of Government responsible for the area of forests.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 30 article 15 forestry practices and forest management 1-owners and forest producers must comply with the practices of forestry and sustainable forest management in the exploitation and utilization of wild resources. 2-economic operators directly associated with the activities of forestry are responsible for compliance with the forest exploitation practices, in particular woody resources, suberícolas and fruit. 3-the manual of forestry and forest management practices is prepared by AFN, heard the ICNB, i. p. 4-economic operators shall notify the City Hall area of intervention all logging activities and the expected. CHAPTER II operations on forest spaces article 16 operation instruments of forest spaces are considered instruments of forest spaces: a) forestry operations under management plans and forestry operations minimal; b) General rules for cuts; c) The measures for the development of forest fire covered spaces;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 31 d) rules for afforestation and reforestation with fast-growing forest species; Article 17 Consent and communication of cuts 1-except where it is necessary to obtain authorisation, in accordance with special legislation or special plans of spatial planning, or start-up of Grove is subject to: a) communication to the AFN, for operations that are provided for in PGF approved, regardless of the area would; b) authorization by the AFN, for operations that are not provided for in PGF approved and since areas incidents over five hectares, including premature cuts of maritime pine and eucalyptus. 2-extraordinary cuts of trees are only subject to communication to the AFN, regardless of the affected area. 3-In hazardous areas, the authorisation referred to in point (b)) of paragraph 1 is subject to opinion of ICNB, I. P. 4-the exception to the provisions of this article the intervention in public interest and Grove in Cork oaks and holm oaks, which follow the provisions of articles 41 and 45 5-technical parameters are determined by order of the Member of Government responsible for the area of forests.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 32 article 18 statistical information on markets 1-the AFN maintains a system of statistical information on buying timber and woody not intended for industrial processing, domestic consumption, shipment to the autonomous regions, intra-Community circulation or export to third countries. 2-the system referred to in the preceding paragraph is of voluntary participation and is by agreement between the AFN and the economic operators. 3-is guaranteed the confidentiality of data, whose submission is provided in the preceding paragraphs, which are used exclusively for statistical purposes. Article 19 1 forest inventory-the AFN is responsible for the maintenance of an updated forest inventory which permits the detailed knowledge of national forest resources. 2-the technical standards of national forest inventory and your public release are determined by regulation of the AFN approved by the Member of Government responsible for the area of forests. CHAPTER III Planning of forest fire covered spaces article 20 forest Spaces covered by fires land-use and forestry spaces recovery driven by fires involve, inter alia: a) the execution of actions of emergency stabilization and rehabilitation, short and medium term;

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b) implementation of structural, long-term recovery. Article 21 emergency stabilization and rehabilitation 1-actions of emergency stabilization and rehabilitation are the responsibility of the owners and forestry producers. 2-are clarified with the provisions of the preceding paragraph, the actions of emergency stabilization and rehabilitation, by the existence of natural resources and infrastructure of particular relevance or strategic value, involve the intervention of the competent government services. 3-in the case of owners and forest producers refrain from executing the emergency and rehabilitation activities of your responsibility these are performed by the AFN, or by the ICNB, i. p., in the classified areas, at the expense of those. 4-the actions referred to in the preceding paragraphs shall comply with the manual of good practices in the recovery of areas burnt by the AFN. Article 22 land use covered by fire 1-Without prejudice to article 47, traversed by forest fires spaces in rural soil, during the period of 15 years from the date of occurrence of the fire, cannot be changed, revised or suspended the provisions of municipal land use plans or develop new instruments of territorial planning leading to increased building area or building these spaces in relation to provisions of the instruments in force at the time of the fire.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 34 2-the prohibition referred to in the preceding paragraph may only be raised by joint decree of the members of the Government responsible for the areas of forests, environment and land-use planning and local government, at the request of the respective City Council presented within one year after the date of the occurrence of the fire , or at any time in the case of measures of general interest. 3-the procedure laid down in the preceding paragraph cannot be developed without being finalized all procedures of investigation into the reasons and causes of fires to develop the forces and security services. 4-the practice of pastoralism in wooded forest traversed by fires or forest spaces integrated into hazardous areas whose recovery is negatively affected by this activity for a period of five years from the date of occurrence. 5-the application referred to in paragraph 2 is directed to the Member of Government responsible for regional planning, and must be accompanied by the plant scale of 1:25000, with the area burned properly demarcated and report from the National Republican Guard (GNR) about the reasons and causes of the fire. 6-The municipal spatial development plans must identify areas of stands, classifying their spots in accordance with the criteria laid down in articles 5 and 7 and seq. of Decree-Law No. 124/2006, of June 28, as amended by Decree-Law No. 17/2009, of 14 January and the respective regional forestry plan. 7-The territorial management instruments referred to in the preceding paragraph shall establish measures of prevention against fires in forest areas, in accordance with the provisions of Decree-Law No. 124/2006, of June 28, as amended by Decree-Law No. 17/2009, of 14 January and the respective regional forestry plan.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 35 article 23 structural Recovery 1-the owner or producer of forestry forest wooded spaces covered by forest fires is required to promote the use of natural regeneration or to withhold your reforestation, rural land, except in cases where: a) is provided for other use than forest soil in forest management approved instrument or instrument of territorial management; b) lands are destined for agricultural activities or silvopastoril, under the primary networks of tracks fuel management, provided for in the district plan for the defense of the forest against fires; c) lands are located in Woody and very low productivity forest does not constitute a fundamental resource for the satisfaction of other functions, including protection, conservation of species or habitats or playground and landscaping; d) the owner or producer certifying forest with the AFN, within three months from the date of extinguishment of the fire, the inability to perform economic reforestation operations, or whenever the deadline and contractual conditions associated with forestry or agro-forestry does not permit making a way economically advantageous; and) In protected areas, the land has potential value for the occurrence of habitats and protected species. 2-actions of reforestation of forest fire covered spaces must, regardless of the areas concerned, be preceded by: a) authorization by the AFN, in the case of changing the composition of the existing settlements;

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36 b) communication to the AFN for reset the composition of pre-existing settlements or when changing the composition is provided in PGF approved. 3-it is not allowed to change the composition in ardidos stands dominated by indigenous species or in riparian galleries, particularly in projects, oak, zambujais, freixiais, salgueirais, olmedos, amiais, poplar plantations and in groves, castinçais and walnuts. 4-the replacement of any type of settlement burned forest stands dominated by fast-growing species exploited in short should cumulatively revolutions, meet the following requirements: a) integrate and zonamentos guidelines established in the regional plan of forestry; b) does not affect existing classified natural values; c) Be provided in PGF approved. 5-changing the composition in Cork oak and Holm oak stands affected by fire is allowed only when you meet, cumulatively, the following conditions: (a)) Constitute stranded populations and misfits to the station, in particular as regards the potential natural vegetation, and with suberícola very low productivity; b) do not have high value for conservation and as such not identified arise in territorial management instruments in hazardous areas; c) amendment is provided for in the PGF approved guaranteeing, at the same time, the existence of another or other species and, or, forest functions best adapted to the characteristics of the station and no reduction in the total area occupied by stands of cork oak or holm oak.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 37 6-In hazardous areas, the authorization referred to in (a)) of paragraph 2 lacks opinion of ICNB, i. p. CHAPTER IV forest species of fast-growing tree planting and reforestation article 24 with fast-growing species 1-actions of afforestation and reforestation with fast-growing forest species exploited in short revolutions , are conditioned to authorization of the AFN. 2-the provisions of the preceding paragraph applies only to actions involving areas greater than 10 ha, considering for this limit the inclusion of pre-existing populations of the same species, continuing in the same building or in separate buildings, included or not in the same forest exploration or agro-forestry. 3-the authorization of measures involving less than 10 ha areas is the responsibility of the municipalities. 4-the gradual introduction, walk on foot or by patches of trees of the species referred to in paragraph 1:00 pm stands already consisting of other species, is also subject to authorization by the AFN, where it is found that the global area of settlements affected is greater than the limit set in paragraph 2. 5-In hazardous areas, the authorisation referred to in paragraphs 1 and 3 lacks opinion of ICNB, i. p.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 38 6-authorisation procedures for afforestation and reforestation activities using the rapidly growing exploited forest species in revolutions, according to the PROFESSOR, are determined by order of the Member of Government responsible for the area of forests. Chapter V forest intervention areas of intervention Areas article 25 1 forest-forest or intervention zones are continuous areas ZIF and bounded, constituted mostly by forestry spaces, a forest management plan and a specific plan for action and managed by a single entity. 2-the system of creation of forest intervention zones, as well as the rules of your operation and extinction are included in special legislation. Title V article 26 forestry Scheme concept of forest forest scheme scheme is the set of effects and special rules of management of the forest spaces, demarcated territories applied for the purpose of protecting the resources present in sensitive forest areas, public and private investments or frame territorial interventions, ensuring the defense of the public interest.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 39 article 27 objectives of forestry forest regime regime aims to land where is applied: a) the compulsory maintenance of forest uses, ensuring that your stay in the very long term; b) expansion, management and protection of forest stands within the framework of the various functions of the forest spaces; c) recovery of woody resources, pascigosos, wild game and other wild resources, while safeguarding the public interest in your utilization and commercialization; d) priority application in lifting and building identification measures and monitoring and supervision; e) priority access to public aid. Article 28 types of forestry scheme 1-the forestry scheme can be of the following types: total forest Regime); b) partial forest Regime; c) forest Regime special. 2-all the public and community forests are considered subject to total or partial forest regime.

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40 3-forestry and agro-forestry farms declared lost in favour of the State are subject to the total forest regime, automatically, from the final transit of the sentence, and since the stands that make up with continuous area greater than 10 ha. Article 29 total 1-forest Regime Are specific objectives of the system: total forest) soil protection, particularly in coastal and mountain areas; b) watershed protection and conservation of water resources; c) conservation of natural values sorted; d) safeguarding of special historical interest formations, scientific or botanical; and recreation and enhancement) of landscape in sensitive forest areas; f) the special infrastructure framework. 2-the total forest regime includes the forest spaces of high value for the protection of soil and water resources, and habitats of protected species, the playground and landscape, namely: the coastal protection Forests) dunes, cliffs and harbours; b) high value forests of grass, landscape, cultural and scientific; c) Recreational Forests and regional dimension or supra-municipal; d) Forests included in protected areas and protection zones, in accordance with the legal regime of nature conservation and biodiversity; and woodlands Framework infrastructure) special, namely to promote agricultural development, dams and their reservoirs, and military prison.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/41 3-4 the total forestry regime comprises the State forest and the properties that may be free of charge or against payment. 4-the management of the forest spaces submitted to total forest regime, by the requirement of maintaining forest cover and by the sensitivity of the protection, conservation and recreation associated, focuses on physical and economic exploitability exploitability of stands. 5-can be subjected to the total forest areas forest regime included in the partial forest who possess the characteristics referred to in paragraph 2, upon a proposal by the AFN or the ICNB, i. p., if they are included in protected areas, and the assent of the Council National Forest. 6-in the cases referred to in the preceding paragraph is still heard the respective municipality. 7-it is for the State to promote the sustained increase of the area subjected to the total forest regime. Article 30 forest 1-partial Regime Are specific objectives of the forest regime: partial) combating erosion and decreased susceptibility to desertification; b) conservation of natural values sorted; c) the productive potential, especially in forest systems of medium and slow growth; d) silvopastoril planning in mountain areas 2-are subjected to partial forest regime forest spaces whose management makes certain public benefit purposes, namely: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/42 to 4) watershed protection forests and conservation of water resources, as well as the protection of the estuaries and reservoirs , ponds and Lakes of public waters; b) forests of conservation of species and habitats classified; c) high value productive forests in mountain regions; d) Forests in regions of high susceptibility to desertification; and Forests protection spaces) the security installations. 3-the management of the forest spaces subject to partial forest regime, by the moderate ecological sensitivity and your higher productive potential, can be conducted according to models of merchantability that meets the economic interests of their owners. 4-the forestry regime comprises partial all vacant lots, when the conditions laid down in paragraph 2. 5-can be included in the partial forest forest properties held by municipalities, public institutions and companies in the business sector of the State the characteristics of the advise, upon a proposal by the respective Manager and joint of AFN and assent of the Council National Forest. Article 31 forest Regime 1 Special-the specific objectives of the special forest regime: a) the valuation of private forest resources; b) safeguarding the investments made with public subsidies.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 43 2-the special forestry regime comprises: a) The forest private spaces, whose owners voluntarily request the submission; b) community forest spaces inserted in perimeter, whose vacant administration organs voluntarily request the submission; c) forest areas not included in the total or partial forest regime, benefiting from public support for the creation or improvement of stands. 3-the land referred to in subparagraph (c)) of the preceding paragraph shall keep the submission to the forestry regime during the period of time established under contract between the beneficiary and the State. 4-submission of the territories referred to in subparagraph (b)) paragraph 2 does not preclude future submission to your partial forest regime, in the case of a public utility conditions so warrant. Article 32 submission and decommissioning of land 1-submission of land total forest and partial arrangements, as well as your discharged, is determined by order of the members of the Government responsible for the areas of forests, the environment, regional planning and local government, and the Member of the Government with the tutelage of infrastructure referred to in point (e)) of paragraph 2 of article 29 in the case of submission of these , which is set out in annex a cartographic information with the demarcation of the area.

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44 2-the decommissioning of land subjected to total forest regime is subject to the submission of an area equal to the disused area multiplied by a factor of two. 3-the decommissioning of land subjected to partial forest regime, belonging to the State or local government is subject to the submission of an area equal to the disused area multiplied by a factor of 1.5. 4-submission to the forestry scheme of the forest spaces referred to in subparagraph (c)) of paragraph 2 of article 31 operates with the conclusion of contracts between beneficiaries and the State. 5-the decommissioning of forest spaces referred to in subparagraph (c)) of paragraph 2 of article 31 operates with the termination of contracts between beneficiaries and the State. 6-the AFN is responsible for the register of the burden arising from the matrix submission to the forestry regime. Article 33 1 of Markup-The forest spaces submitted to forest regime are marked in the territory within 12 months of the date of publication the submission to the forestry Scheme Ordinance. 2-the technical standards of marking provided for in the preceding paragraph are defined by regulation of the AFN approved by the Member of Government responsible for the area of forests. Article 34 territorial planning and management 1-all forest spaces submitted to forestry regime, regardless of your area, are subject to PGF, under the specific legislation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 45 2-all forest spaces submitted to forest regime and managed by the State are considered instruments of management of the AFN and the ICNB, i. p., as autonomous cost centers. Article 35 1 resources development-the exploitation of timber and suberícola in the territories subject to the forest regime takes place in accordance with the actions approved under the PGF. 2-the exploitation of woody material allows ordinary and extraordinary cuts, cuts that are distinguished on the basis of your prediction or forecast not in PGF. 3-the exploitation of timber and suberícola in the territories subjected to partial and total forestry regime comprises the following set of procedures: the evaluation of the material) to value; b) material markup or demarcation of areas to submit the Court, in the case of woody material; c) Of Woody material trading and suberícola; d extraction and transport); and verification operations) Court, in harmony with the marking done and with the conditions of sale.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 46 article 36 land-use and Maintenance of the stands The forest land management plans submitted to the forest guarantee scheme, the maintenance of forest use and conservation of adequate levels of forest covered, in accordance with the objectives set out in PROFESSOR in conjunction with the plans of special and municipal spatial planning. Article 37 1 access and movement-The lines of communication in the forest forest scheme which do not constitute public access of settlements or private properties can be opened to public traffic, according to its characteristics and with the guidelines established in the PGF and special legislation applicable to the protection of the forest against fires. 2-access and circulation conditioning on road network of forest subject to forest regime spaces is subject. 3-fitness standards of access, circulation and signage referred to in the preceding paragraphs shall be determined by order of the Member of Government responsible for the area of forests. Article 38 Implementation and monitoring of the forest regime within the framework of the application of the system fits: the forest) to the AFN to ensure the application of the procedures for submission, management and decommissioning of forest regime; b) to owners and holders under legitimate forest spaces submitted to forestry regime, ensure your administration and monitoring;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 47 c) GNR police forces and other security forces to intervene in forest spaces, surveillance and policing of the land subject to the forest regime; d) the guards of forest resources, the forest and the deminers nature watchers in the areas subject to the forest regime under management of the ICNB, i. p., assisting the security forces in the supervisory measures provided for in the preceding paragraph. TITLE VI protection of the forestry heritage article 39 forestry heritage protection instruments are considered instruments of forestry heritage protection: a) measures concerning the Grove of public interest; b) special arrangements for the protection of indigenous species, in particular of the Cork oak and Holm oak; c) protective measures of watering perimeters; d) forest defense rules against biotic and abiotic agents. Chapter I public interest Grove article 40 classification of public interest Grove 1-inventory and classification of the Grove of public interest are the responsibility of the AFN. 2-the classification of Grove of public interest can be proposed: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th the 48) by the owners of the Grove; b) local authorities; c) For OPF or companies of forest spaces; d) For environmental non-governmental organizations; and) by citizens. 3-the classification of Grove of public interest is the form of judgment of the AFN. 4-the criteria for classification and instruction and communication procedures are determined by order of the members of the Government responsible for the areas of forests and the environment and nature conservation. 5-where the proposed classification is presented by the entities referred to in paragraph 1 (b)), c), (d)) and e) of paragraph 2, the owners of the Grove must be heard. Article 41 interventions in public interest Grove 1-is prohibited any assistance that could destroy or damage the public interest, namely Grove: a) the trunk, branches and roots; b) removing land or other type of excavation, in the protection zone; c) the deposit of materials, whatever your nature, and the burning of debris or other fuel products, as well as the use of toxic products in the protection zone; d) Any operation that can cause damage, mutilate, deteriorate or harm the vegetative state classified copies.


PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/49 2 4-maintenance and conservation of trees of public interest are the responsibility of their owners, providing the necessary technical support NFC. 3-any improvement of the Grove, including cutting, pruning, training or sanitary pruning, or any other type of improvements to the Grove, lack of authorization by the AFN. 4-the internal procedures relating to the authorization for the intervention in Grove of public interest shall be determined by order of the President of the AFN. Article 42 public interest Grove registration 1-the national register of public interest Grove, consisting of all the specimens classified as such by the AFN, is created in the national information system of forest resources (SNIRF). 2-the AFN is responsible for maintaining and updating the national register yearly, as well as by your advertising. CHAPTER II protection of indigenous species Protection section I of the Cork oak and Holm oak article 43 protection of cork oak and Holm oak stands 1-the holders of stands of cork oak, Holm oak or mixed of these species are responsible for your maintenance in good condition through vegetative active management and proper operation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/50 2-4th in cases of manifest abandonment of settlements, or lack of cultural interventions for prolonged periods which may lead to the degradation or even your perishing, the AFN notifies the holders to perform the actions leading to a correct maintenance of the same. 3-the AFN articulate with the structures representing the interests of owners of stands of cork oak or holm oak to promote proper management. 4-is prohibited any operation that maim or mutilate copies of cork oak or holm oak, as well as any actions that lead to the perishing or clear your depreciation, such as pruning performed with non-compliance with the provisions of article 49 and harvesting activities which cause damage to the entrecasco. Article 44-1 Conversions In stands of cork oak, Holm oak or mixed from these species are not allowed conversions. 2-Is the exception to the provisions in the preceding paragraph the conversions) aimed at the realization of projects of vital public interest, declared as such; b) aimed at the realization of agricultural enterprises with sustainable and relevant interest to the local economy, with the conditions set out in paragraph 4 of article 45 and article 112; c) aimed at changing the regime to coppice;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 51 d) Constitute sunk settlements and misfits, including station with regard to soil and weather conditions appropriate to the species and to your natural range, or with suberícola very low productivity. Article 45 or 1 boot-cut or boot of cork oaks and holm oaks, in settlement or any other situation of covered, lacks authorization and may be allowed in the following situations: a) In thinning, to improve settlements ' productive and if there is a PGF approved by the AFN; b) In cuts under the conditions accepted conversion in paragraph 2 of the preceding article; c) extraordinary cuts, for phytosanitary reasons, in cases where the characteristics of biotic agent so warrant; d) whenever it is not protection of cork oak, Holm oak stands or mixed, or small cores. 2-cut or boot permits provided for in the preceding paragraph compete to AFN, without prejudice to the submission of statements of essential public interest or relevant and sustainable interest for the local economy, when the nature of the cuts or the start-ups require. 3-Lack of prior communication only to the AFN the cuts in planned thinning in forest management plans approved.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 52 4-required cuts to agricultural undertakings referred to in (b)) of paragraph 2 of the preceding article may only be authorised when assemble, cumulatively, the following conditions: (a)) the area subject to court does not exceed the lowest value between 10% of the area of the holding taken up by stands of cork oak , Holm oak or mixed species or 20 ha, this limit should account for previous cuts made after January 1997 and remain valid in the case of transmission or Division of property; b) a proper management and a good vegetable and sanitary rest area occupied by settlements of any of the species. 5-The cutting areas referred to in the preceding paragraph cannot be disused agricultural usage during 30 years, except in cases of reforestation with stands of cork oak, Holm oak or mixed of these species. 6-the AFN can, since that reasoned form, change the criteria and intensity of cuts or startups or defer your execution. 7-fields where there has been cut or boot illegal in settlement of cork oak or holm oak is prohibited for a period of 30 years from the date of the cut or boot:) any conversion that is not recognized as an essential public utility; b) the introduction of changes to the morphology of the soil or vegetation cover; c) the establishment of any new activities, especially agricultural, industrial or tourism.

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53 8-in cases where there has been cut or boot illegal in settlement of cork oak and Holm oak, the AFN determines the reforestation or upgrading the affected area with the previously existing species, determining even the term, which may not exceed two years, and the conditions of reforestation and improvement. 9-in the context of the operations provided for in the preceding paragraph the AFN can override to the owner of the settlement, and the costs of the operations of this burden. 10-non-payment of the costs referred to in paragraph 1 determines the enforced collection of the corresponding credit in the process of foreclosure. 11-under any circumstances-cut or boot is mandatory prior to slaughtering trees lashing with indelible ink and visibly, at breast height, and, in the case of conversion, cuts only is mandatory lashing of Cork that delimit the area to convert. 12-The small nuclei apply all the constraints relating to settlements. 13-procedures for authorization and prior communication or boot cut from Cork are determined by order of the Member of Government responsible for the area of forests. Article 46 maintenance of cork oak and Holm oak area 1-the AFN makes the cutting permit referred to in paragraphs 1 and 2 of article 45, determining how compensatory manner, specific measures for the establishment of new settlement areas or improvement of existing areas, properly managed, expressed in area, number of trees, or both.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4 54 2-the creation of new areas of cork oak or holm oak or the improvement of existing areas should take place in rustic buildings with soil and climatic conditions appropriate to the species and on your natural range, and cover an area equal to the affected by the cut or boot multiplied a factor of 1.5. 3-for the purposes of paragraph 1, the Prosecutor, by itself or by third party, shall provide a PGF to the new settlement areas or areas to benefit, and may also be required for the establishment of a bank guarantee in favour of the AFN, to ensure compliance with the measures laid down in that Treaty. 4-the principal promoter, by you or third party, is required to ensure the management of the project during the time provided for in the respective PGF, even in the case of transmission or Division of property. 5-the AFN is responsible for the registration of the charge provided for in this article, the respective matrix records. Article 47 inhibition of land-use change Are sealed for a period of 30 years any changes of land use and composition of the forest spaces in areas occupied by stands of cork oak or holm oak, and which have undergone conversions by: a) Having been covered by fire, without prejudice to the other provisions of this code; (b)) have been made cuts or unauthorized start-ups; (c)) have been abnormal mortality or depreciation of the Grove in shares or in any way harmful interventions that determined the degradation of vegetative or sanitary conditions.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 55 article 48 coppice scheme 1-the AFN may authorise the exploitation of cork oaks and holm oaks, coppice arrangements whenever it considers advisable to this form of exploitation. 2-the cutting of sticks or little połaś or the extraction of Cork are authorized by the AFN, taking into account the potential of the station. Article 49 cultural Operations 1 us stands of cork oak and Holm oak are banned the following practices and cultural operations:) Desbóia of cork oaks whose perimeter of the trunk, measured on the Cork, 1.30 m above the ground is less than 70 cm, with the exception of Cork exploited under coppice, immediately followed by cutting of sticks or boot of toiças; b) extraction of Cork at a height which, measured along the stem and branches, exceed the following multiples of the perimeter of the trunk, measured on the Cork, 1.30 m above the ground: i) Two times, in the case of only producing Virgin cork trees; II) Two and a half times, in the case of trees secundeira but not yet producing of amadia; III) Three times, in the case of amadia-producing trees. c) extraction of Cork in stems and branches and fathoms whose perimeter, measured on the Cork at the upper limit of the harvesting is less than 70 cm; d) Cork extraction amadia or secundeira with less than nine years; and measure the exploitation) from the year 2040;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 56 f) carry out pruning in the two seasons leading up to the year of harvesting, or in the two seasons following, in Cork exploited in pau beaten; g) Mobilization of soil and operations that affect the radicular system, in particular those referred to in article 62 2-harvesting height increases must be carried out in the year of the Cork extraction secundeira or amadia or in the year preceding this extraction. 3-exceptionally and upon reasoned request which included the area of intervention and the number of trees to peel, can the AFN authorize the extraction of Cork: a) With eight years of creation, to make feasible the exploitation planning of Cork, including the crop rotation system of the circulation and suppressing measure; b) With eight or seven years of creation, from where all the conditions set out in technical standard developed by AFN and be submitted to this body accompanying the application, proof of the required conditions, attested by recognized laboratory; (c)) With any age, in the case of cork trees affected by fire, after verification of your recovery. 4-the authorisation for the subparagraph (c)) of the preceding paragraph may contemplate the partial extraction of Cork in every tree, subject to the presentation of the operating plan taken to ensure the Elimination of measure until 2030, which must be approved by the AFN. 5-at the time of extraction is compulsory, with indelible ink, and visibly, on the surface exploited the Cork, digit year draught units of Cork and, in the case of the extraction occurs in patches or sheets, is only compulsory in Cork that delimit. 6-pruning of cork oaks and holm oaks lacks authorization by the AFN, only being allowed when aims to improve their productive characteristics.

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Draft law No. 267/X/4th 57 7-authorisation procedures of extraction of Cork and the Cork and holm oaks pruning are determined by order of the Member of Government responsible for the area of forests. Article 50 provisional measures the AFN can seize the goods provisionally used in operations or interventions in areas occupied by stands of cork oak or holm oak, or isolated specimens of these species, in contempt of this code and adopt measures with the aim to end the unlawful. Article 51 1 Embargo-the AFN can garnish, in accordance with point (b)) of article 13 of Decree-Law No. 159/2008, of 8 August) (b) of paragraph 1 of article 348.º of the Penal Code, any actions that are being carried out with non-compliance with the determinations set out in this code. 2-in the cases referred to in the preceding paragraph there is no place the hearing of the parties concerned. Article 52 application in hazardous areas 1-protected areas covered by the provisions of the legal regime of nature conservation and biodiversity and complementary legislation the powers provided for in this section assigned to the Member of Government responsible for the area of forests are pursued by the Member of Government responsible for the area of the environment. 2-the authorizations provided for in this section are the responsibility of the ICNB, i. p., protected areas, after receiving the opinion of the AFN.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/58 3-4 authorisations referred to in paragraph 1 shall be communicated to the AFN, as at the date of the notification to the person concerned. 4-the other areas does not apply to the preceding paragraphs, lack of opinion of the ICNB, i. p., the exercise of the powers provided for in paragraph 2 of article 45 article 53 of law protection of cork oak and Holm oak the provisions contained in this section prevail over regulations or any provisions of territorial management instruments. SECTION II protection of other indigenous forest species article 54 other indigenous forest species protection 1-indigenous species protection aims at safeguarding the indigenous forest species and habitats, classified, and forests with high ecological value. 2-the protection scheme of other indigenous species, in addition to those referred to in this code, it is set in its own legislation. CHAPTER III protection of cultural heritage article 55 1-cultural heritage protection Are especially responsible for cultural heritage protection in forest owners and forest producers, as well as local authorities.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 59 2-the selection of forestry operations and methods of preparing the ground infrastructure and structuring the system of protection and valorization of the cultural heritage, and their legislation, in order to protect, conserve and, if possible, enhance the cultural heritage, in particular the goods. 3-Without prejudice to the protection and enhancement of cultural heritage, and their development laws, forestry standards and specific cultural heritage protection are determined by order of the members of the Government responsible for the areas of forests, local government and culture. CHAPTER IV protection of dunes and watering perimeters article 56 1 shelter blinds installation-the installation of stands that serves as curtains of shelter from the action of the winds and the afforestation and dune fixation, in the context of the protection irrigation perimeters and other works of improvement and agricultural infrastructure of public initiative, it is for the State. 2-within the framework of protection for irrigation perimeters, the installation of settlements referred to in the preceding paragraph is carried out by the national irrigation authority, under the technical guidance of the AFN. 3-the cost of services and works referred to in the preceding paragraph in addition to the agricultural development and utilization is taken into account for the purposes of calculating the rates of conservation, exploration and improvement. 4-the maintenance, defence and cutting of trees installed is carried out by the respective irrigators Organization associations and beneficiaries, according to PGF approved by the AFN.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 60 chapter V forest Defense against biotic and abiotic agents article 57 biotic agents protection 1-Without prejudice to the legal regime applicable to plant protection, safeguarding forestry heritage against biotic agents is the responsibility of all owners and forest producers, these being forced to perform or facilitate the implementation of the measures of control and eradication of harmful organisms. 2-protection of the stands against harmful biotic agents is pre-emptively by forestry techniques, use of biological agents that prevent or mitigate the spread of the harmful organisms, populations and the application of IPM methods. 3-the State, along with the OPF and local administration, adopting the necessary measures of surveillance, location and control or eradication of outbreaks arising from harmful biotic agents. 4-forest owners and producers are required to report to the competent authorities the incidence of abnormal foci of pests, diseases and Woody invasive or the emergence of quarantine organisms classified according to special legislation applicable. 5-plant protection and defence against harmful biotic agents are the subject of specific legislation.

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Article 58 Fire 1 Forest defense-it is for the State to structure a system of Defense Against Forest Fires covering a set of measures and actions of institutional coordination, planning and intervention on the prevention and protection of forests against fires. 2-the policy of safeguarding the territory against the forest fires and the structuring of the Defense system of the forest Against Fires in special legislation. TITLE VII article 59 forest resources development tools for appreciation of forest resources are considered instruments of forest resources development: the) provisions applicable to agriculture, silvopastoricia, hunting and fishing in inland waters; b) measures concerning pinheiro manso and harvesting of pine cone; c) rules of resineiros resources, Mycological Resources melíferos resources and produced by bees, aromatic plants, medicinal and culinary plants; d) standards of protection of Holly spontaneous; e) provisions applicable to recreational and leisure activities on forest spaces.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 62 Chapter 1 hunting and fishing in inland waters, silvopastoricia and article 60 agriculture hunting and fishing in inland waters 1-it is for the State to define the principles of hunting and fishing activities in inland waters, as well as the legal framework of the conservation, development and exploitation of synergetic and aquaculture resources with a view to your sustainable management, contained in special legislation. 2-the regimes applicable to hunting and aquaculture resources shall provide for optimal management, in particular forms of associative nature, which reconcile the your economic exploitation and the environmental balance. Article 61 Silvopastoricia 1-without prejudice to the provisions of the special plans of spatial planning, the use of forestry silvopastoril compatible with the maintenance of the Grove, with the functions of protection of soil and water resources and the conservation of protected species and habitats, being framed under the PGF. 2-grassland, by third parties, in forestry and agro-forestry, public or private, can only be made with consent of the respective owners or other forest producers. 3-prohibition of grazing in wooded land ardidos follows the provisions of this Code with regard to forest fire covered spaces.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th article 62 63 integration of agriculture in forest spaces 1-agricultural activities carried out in the interior of stands must safeguard the integrity of the Grove. 2-In stands of chestnut, and quercíneas of alfarrobeira are forbidden: a) soil deep Mobilisations or affecting the root system of trees or those that cause destruction of natural regeneration; b) mechanical Mobilisations on slopes exceeding 25%; c) not carried out according to the Mobilizations contours, on slopes of between 10% and 25%; d) interventions that move or remove the topsoil. CHAPTER II Other wild resources article 63 stone pine and pine cone crop harvesting pine cones of Pinus pinea l. (pinheiro manso) is permitted in the period between December 15 and April 1, which may be exceptionally extended by order of the President of the AFN, when difficulties arise in harvesting activity or when there is a change in the normal cycle of your production.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 64 article 64 1-Mycological Resources in forest harvesting and transport of wild mushrooms for human consumption, as well as the temporary storage to your eventual processing or marketing concentration, can only be carried out by authorised collectors with collector license issued by the AFN. 2-the harvest of Mycological species may have the following purposes: a) harvest for private purposes, which shall not exceed five kg of wild edible mushrooms per day and by collectors. b) Harvested for commercial purposes, that is subject to authorization by the AFN or, when provided for in the approved advance notice the PGF this entity; c) harvest for scientific purposes, which is subject to prior communication to the AFN and in protected areas, the ICNB, i. p., always in excess of five kilograms of wild mushrooms. 3-the harvest of Mycological species provided for in point (a)) of the preceding paragraph does not need authorization, or license of collector. 4-it is forbidden the harvesting of wild mushrooms, in the following situations: a) less than 500 m of industrial establishments to carry out any type of gas emissions; (b)) in the berms of roads or paths where as motor traffic; c) on land where they engaged in agricultural activities in the use of chemical-based inputs or intensive livestock activities synthesis; d) within urban perimeters.

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5-the harvest, by third parties, of wild mushrooms in forestry or agro-private forest can only be made with consent of the respective owners or other forest producers. 6-the harvest of wild mushrooms for human consumption in public forests must be carried out in accordance with the prescribed forest management plans for the areas concerned. 7-the conditioning or banning the harvest of wild mushrooms can be made: a) By order of the President of the AFN, where appropriate ensure the preservation of species of mushrooms in a particular region; b) in areas classified by order set of Presidents of AFN and ICNB, i. p., where appropriate ensure the preservation of species of mushrooms; c) by the entities responsible for the management of public forests, whenever it is not being fulfilled the provisions of paragraph 6 of this article. 8-the species of wild mushrooms for which it is permitted to harvest, the conditions and procedures for issuing the license collector, as well as the rules associated with this activity are determined by regulation, set the AFN and the ICNB, i. p., approved by members of the Government responsible for the areas of forests and the conservation of nature. Article 65 melíferos and apiculture Resources without prejudice to the legal regime applicable to resources melíferos bee, it is for the State and promote and encourage the improvement of production and marketing of honey and apiculture products.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 66 article 66 aromatic plants, medicinal and culinary plants 1-the harvest, by third parties, of aromatic plants, medicinal and culinary plants in forestry-forestry can only perform private or with consent of the respective owners or other forest producers. 2-the harvest of aromatic plants, medicinal and culinary plants in public forests must be carried out in accordance with the prescribed forest management plans for the areas concerned. 3-it is forbidden the harvesting of aromatic plants, medicinal and culinary plants, in the following situations: a) less than 500 m of industrial establishments to carry out any type of gas emissions; (b)) in the berms of roads or paths where as motor traffic; c) on land where they engaged in agricultural activities in the use of chemical-based inputs or intensive livestock activities synthesis. 4-the species of aromatic and medicinal plants and herbs for which it is permitted to harvest and the rules associated with this activity are determined by regulation, set the AFN and the ICNB, i. p., approved by members of the Government responsible for the areas of forests and the conservation of nature.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 67 article 67 Holly 1-prohibited, spontaneous in the whole continental territory, the starter, the total or partial cutting, transport and sale of Holly spontaneous. 2-the exception to the prohibition provided for in paragraph 1, subject to licensing, the cut or boot of Holly spontaneous which is subject to authorisation, for reasons duly substantiated special, powerful broadcasting by AFN, the remaining situations; 3-In hazardous areas the authorization referred to in the preceding paragraph is preceded by opinion of ICNB, i. p. Article 68 1 Resin-resin activity and the exploitation of the resineiros resources must match with the continued vitality of the Grove, with the preservation of the quality of the timber and forest Defense standards. 2-the measures relating to the height and width of the incisions and the number of years that each species resinous could be exploited are determined by regulation of the AFN approved by the Member of Government responsible for the area of forests. CHAPTER III recreation and leisure in the forest spaces article 69 forest recreational Equipment 1-it is for the State to promote and foster the enjoyment of forest spaces while leisure and recreational spaces, in an orderly fashion and safeguarding the integrity of forest resources.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 68 2-rules for the construction, improvement and utilization of forest recreational equipment are determined by regulation of the AFN and Sports Institute of Portugal approved by members of the Government responsible for the areas of forests and sport. Article 70 other activities in forest area 1-without prejudice to special plans of spatial planning or in special legislation, all recreational and leisure activities undertaken in forest area shall comply with the provisions of access and permanence conditioning concerning the defense of the forest against fires as well as the standards of protection of forest resources. 2-the activities on forest spaces involving motor sports are subject to the authorization of the owners or other forest producers of farms covered. TITLE VIII funding Instruments article 71 funding Instruments Are still considered instruments of promotion of forestry policy: a) the forestry research; b) associations; (c)) interprofissionalismo; d) The real estate investment funds; and the Permanent Forest Fund); f) tax incentives. g) PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 69


Article 72 1 forest health and Safety Research-the State encourages scientific research in the field, through its competent bodies. 2-within the framework of forestry research, it is also the State, through the bodies which protect the economic activity in the area, encourage participation of economic actors and in particular enterprises, in the promotion and implementation of research, experimentation and development, so as to endow them with the necessary scientific and technological capacity to the Country's forest development. 3-it is the responsibility of the National Institute of biological resources, while the State laboratory, develop research of public interest in the field of forests and forest health. 4-plant health policies as well as the control and intervention measures are the responsibility of the entity that assumes the powers of national plant protection authority. Article 73 1 Forest Associations-The OPF are an essential element for the pursuit of the objectives of forest policy, allowing owners and forest producers manage resources sustainably and economically viable, and defend their common interests. 2-forest producers ' organisations are divided into four types, according to your representation and scope: the) OPF nationwide;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/70 b) 4th OPF regional; c) nationwide, municipal supramunicipal OPF or location; d) OPF of complementary nature. 3-the AFN can accredit OPF and concession contracts or management protocols for the pursuit of its mission. 4-the framework and support forestry producers organisations are subject to order of the Member of Government responsible for the area of forests. Article 74 1 forest Interprofissionalismo-interbranch organisations of forest row (OIF) consist of representative structures of production, processing, and marketing of products for the different sub-sectors of the forestry sector. 2-Are objectives of OIF: a) contribute to the certification of forest products and the management of spaces associated with it; b) contribute to a better knowledge and market transparency, in particular through the production of statistical information and analysis of trends, and contribute to the establishment of contractual relations between economic agents; c) Promote research and development programmes in conjunction with the public authorities responsible for the investigation, with a view to obtaining new uses and better adaptation to the needs of markets; d) Contribute and encourage the conduct of training for the professional qualification of human resources for work in forest row;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th and 71) Develop actions to promote the products of the forest and associated spaces in domestic and foreign markets, in particular with the production of technical information intended to increase consumer confidence and conquer new markets; f) help to ensure quality control of the level of production, provision of services, processing and packaging of the final product; g) Encourage the achievement of the health checks and quality; h) Promote and encourage actions aimed at contributing to the sustainable development of the forest and to the safeguarding of natural systems; I) Encourage the reuse of forest products for energy purposes, in a logic of optimising the management of energy sources and environmental protection; j) Develop measures to promote an appropriate balance of supply and demand of their products. 3-For each product or group of products can only be recognized by a row of interbranch organizations nationwide. 4-the requirements and procedures of recognition, the register of OIF and the conclusion of interprofessional agreements are defined by order of the Member of Government responsible for the area of forests. Article 75 1 forest real estate investment funds-the State can support the creation and development of real estate investment funds that promote the recovery of the forest spaces and associated resources, on the basis of a professional management of forest heritage, with economic, social and environmental rationality, by creating a supportive framework to fund managers.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 72 2-forest property investment funds pursue objectives of increasing dimension of forest holdings, improving the productivity of forest stands, increasing the diversity and quality of raw material and development of woody use of wild resources associated to forest spaces. Article 76 1 Permanent Forest Fund-the Permanent Forest Fund is a permanent Fund for the support of special policies and intervention projects, which aims to support the following areas: a) Awareness; b) structural prevention device; c) planning, management and forest intervention; d) Forest Sustainability; and Research and technical assistance). 2-the existence and maintenance of Permanent Forest, your Fund management regulations, the source of recipes and types of support are the subject of specific legislation. Article 77 1-tax benefits the tax benefits to the forest sector take into account the nature of the goods and services provided by the forest and the long period of return on investment. 2-the tax benefits to the forest sector should be directed in particular to: a) the joint management of forest holdings, in particular the ZIF SOCKET; b) professional management of forest resources;

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73 c) the promotion of forestry associations and the development of inter professionalism; d) increased the size of the smallholdings forest regions; e) the use and consumption of forest biomass for energy purposes; f) certification of sustainable forest management. 3-the State budget can, in the development of the previous numbers and under the law, achieving annually the appropriate tax benefits to the forest sector, in addition to the established forest law applicable. TITLE IX accredited entities and technical article 78 1 Technicians-in the context of the application of this code and other complementary legislation, only registered technicians on the AFN for the effect can perform the following tasks: a) design and implementation of forest management plans; b) elaboration and implementation of specific intervention plans; c) elaboration and implementation of plans for the defence of the forest against fires of district and municipal scope; d) development and project management of afforestation, reforestation and rehabilitation of forest spaces; e) elaboration and implementation of projects of forest inventory; 2-the technical registration referred to in the preceding paragraph is set by order of the Member of Government responsible for the area of forests, heard the shots and professional associations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 74 3-plans and projects referred to in paragraph 1 may be submitted for approval by the AFN for public or private entities, since these are drawn up and implemented by technicians who possess the qualifications for registration referred to in the preceding paragraph. Article 79 1-Clearance the AFN can accredit entities with recognized technical capacity to approve projects of afforestation, forest spaces and intervention to promote cuts marking of trees, under the conditions laid down in this code and in special legislation. 2-the accreditation scheme is defined by order of the Member of Government responsible for the area of forests. 3-accredited entities under this code and special legislation must make the record of approval of projects referred to in paragraph 1 and in the SNIRF. Title X query Organs Article 80 1-consultation bodies within the framework of the attainment of the objectives of forest policy and consultation and consultation of forestry agents are established two advisory body: the national forest Council); b) Advisory Council for plant health. 2-the national forest Council is an advisory body of the AFN, national coordination, chaired by the Member of Government responsible for the area of forests.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 75 3-it is the National Forestry Council: a) issue opinions on the structuring of the sector legislation; b) issue opinions on forestry strategies and on defence plans of the forest; c) issue opinions on the annual or multi-annual programmes of activities within the Defence system of the forest against fires; d) issue an opinion on the national policies of hunting and fishing in inland waters; and) Other subjects on which the Member of Government responsible for the area of forests understand consult the National Forestry Council. 4-the Advisory Board for Forest plant health is a query body chaired by the Member of Government responsible for the area of forests, responsible for: a) proceed to the links between all the entities involved and propose concrete measures to implement action programmes in the field of plant health; b) Follow national or international entities, which may exercise any kind of supervision or control over the action programmes in the field of plant health; c) Produce opinions on matters related to plant health. 5-the National Forestry Council composition is provided for in Decree-law establishing the AFN. 6-the composition of the Advisory Board for Forest plant health is determined by order of the Member of Government responsible for the area of forests.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 76 TITLE XI Article 81 Forest information system national information System of forest resources 1-SNIRF is a platform for storage, processing and dissemination of information on forest resources, to support decision-making by the various agents of the sector. 2-the SNIRF integrates a component specific information concerning the territories subject to the forest regime, permanently updated, comprising information on the following components: a) the forestry Scheme Area by typology, NUTS region, region, district and municipality, PROF with identification of their owners; b) history of desafectações and submissions of territories to the forest regime; c) detailed forest inventory of the territories subject to the forest regime; d) exploitation and marketing of products and wild resources carried out in territories subject to the forest regime; and cost of the Matrix) work units and forest operations. 3-the course of the procedures provided for in this code is held electronically, using the SNIRF, which, among other features, allows: a) the delivery of applications, communications, and documents; b) the consignment of opinions between entities; c) consultation by interested parties the State procedures;

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77 d) submission for approval to the AFN of PGF, PEIF afforestation projects and intervention in forest spaces or other special plans; e) decisions. 4-The development of the computer system laid down in this article is subject to order of the Member of Government responsible for the area of forests. 5-communications are conducted electronically and when linking the different structures of the Administration must satisfy the minimum safety and reliability requirements set for the advanced electronic signature. 6-the provision of information by the different entities with competence under this code and special legislation is implemented over dematerialized, through provision of access to their information systems. 7-the ICNB, i. p., has access to the SNIRF in the sharing of information relating to hazardous areas. Article 82 Report of the management of public forests 1-within one year after the entry into force of this code is published the national catalogue of public forests, the responsibility of the AFN and the collaboration of the ICNB, i. p., which is updated every five years. 2-each year is published the annual report of activities-Public forest management, the responsibility of the AFN, ICNB, i. p., where organized all the information from the annual activity reports of the areas subjected to the forest regime.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 78 TITLE XII administrative offences and procedure CHAPTER I of section I of the forest a misdemeanour offences Article 83 1-Scope Is the entire forest that unlawful infraction and objectionable that fill a type corresponding to the violation of legal and regulatory provisions relating to the conservation and enhancement of the forest spaces and resources that must allocate rights or impose duties , for which a fine comine. 2-for the purposes of the preceding paragraph, the laws and regulations this code and all legislation enquadradora of conservation, management and protection of forest spaces and their resources. Article 84 The Regime forest offences are governed by the provisions of this code and, in the alternative, by the general scheme of the contravention. Article 85 Types of misdemeanors For determination of the fine applicable and having regard to the relevance of rights and interests violated, the Contraventions are classified in light, serious and very serious.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 79 article 86 administrative offences Are minor offenses: 1-a) perform forestry operations in breach of the minimum provisions of paragraph 4 of article 13; b) the lack of communication referred to in paragraph 4 of article 15; c) the lack of prior communication to the AFN of roughing cuts in breach of the provisions of paragraph 3 of article 45; d) the lack of prior lashing in breach of the provisions of paragraph 11 of article 45; and) the lack of registration in breach of the provisions of paragraph 5 of article 49; f) the lack of communication to the competent authorities of the incidence of abnormal foci of pests, diseases and weeds, in breach of the provisions of paragraph 4 of article 57; g) the lack of consent of the owners or other forest producers, for the activity of pastoralism, by third parties, in forestry and agro-forestry, public or private, in breach of the provisions of paragraph 2 of article 61; h) the lack of authorization by the AFN for the harvest with commercial or scientific purposes of Mycological resources, in breach of the provisions of paragraph 1 (b)) and c) of paragraph 2 of article 64-2 Are serious offenses: a) the lack of preparation of PGF in contravention to the provisions of paragraphs 1 and 2 of article 13; b) non-compliance with the forest exploitation practices, in breach of the provisions of paragraph 2 of article 15;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 80 c) the lack of authorization for operations that are not provided for in PGF approved and since areas incidents over five hectares, including premature cuts of maritime pine and eucalyptus, in breach of the provisions of (b)) of paragraph 1 of article 17; d) the practice of pastoralism in wooded forest traversed by fires or forest spaces integrated into hazardous areas whose recovery is negatively affected by this activity for a period of five years from the date of occurrence, in breach of the provisions of paragraph 4 of article 22; e) reafforestation measures of forest fire covered spaces in contravention to the provisions) and b) of paragraph 2 of article 23; f) changing the composition in ardidos stands dominated by indigenous species or in riparian galleries, particularly in projects, oak, zambujais, freixiais, salgueirais, olmedos, amiais, poplar plantations and in groves, castinçais and walnuts in breach of the provisions of paragraph 3 of article 23; g) replacement of any type of settlement burned forest stands dominated by fast-growing species exploited in short revolutions without meet the following requirements in paragraph 4 of article 23; h) the lack of authorization by the AFN mentioned in paragraph 1 of article 24; I) the lack of authorisation referred to in paragraph 5 of article 24; j) the use of the forest spaces subject to partial forest regime for purposes other than those set out in article 30; l) the lack of authorization by the AFN for improvement of the Grove, including cutting, pruning, training or sanitary pruning, or any other type of improvements to the Grove, in breach of the provisions of paragraph 3 of article 41;

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81 m) the lack of authorization for the operation of cork oaks and holm oaks in coppice scheme, as well as for cutting of sticks or little połaś or the extraction of Cork, in contravention of the provisions of article 48; n) recourse to practices and cultural operations prohibited by paragraph 1 of article 49; the) lack of authorization referred to in paragraphs 3 and 6 of article 49; p) does not perform or facilitate the implementation of the measures of control and eradication of harmful organisms, in breach of the provisions of paragraph 1 of article 57; q) conducting mobilization of ground prohibited by paragraph 2 of article 62; r) harvesting pine cones in contravention of the provisions of article 63; s) lack of license provided for in paragraph 1 of article 64; t) the harvest of wild mushrooms in breach of the provisions of paragraph 2 of article 64; u) the lack of consent of the owners or other forest producers to harvest, by third parties, of wild mushrooms in forest or in infringement of private forestry provisions of paragraph 5 of article 64; v) the lack of consent of the owners or other forest producers to harvest, by third parties, of aromatic plants, medicinal or culinary plants in forest or in infringement of private forestry provisions of paragraph 1 of article 66; x) harvest of herbs, medicinal or culinary plants in breach of the provisions of paragraph 3 of article 66; z) the lack of authorization by the AFN for cutting or boot of Holly in breach of the provisions of paragraph 2 of article 67; AA) the lack of authorization from the owners or other forest producers of farms covered, in breach of the provisions of paragraph 2 of article 70 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/82 3-4 Are very serious offenses: a) the non-compliance with the conditions laid down in paragraph 5 of article 23; b) the use of the forest spaces submitted to total forest regime for purposes other than those laid down in article 29; c) disregarding the prohibitions provided for in paragraph 1 of article 41; d) performing any operation that maim or mutilate copies of cork oak or holm oak, as well as any actions that lead to the perishing or clear your depreciation and harvesting activities which cause damage to the entrecasco in breach of the provisions of paragraph 4 of article 43; e) performing conversions on stands of cork oak or holm oak, since not provided for in the respective exceptions, in contravention of the provisions of article 44; f) the lack of authorization for cutting or boot of cork or holm oak, in breach of the provisions of paragraph 1 of article 45; g) the decommissioning of the agricultural use of the areas subject to court for 30 years, except in the case of reforestation with stands of cork oak, Holm oak or mixed of these species, in breach of the provisions of paragraph 5 of article 45; h) the implementation of measures in breach of the provisions of paragraph 7 of article 45; I) land-use changes and the composition of the forest spaces in areas occupied by settlement of cork oak or holm oak in contravention of the provisions of article 47; j) the lack of authorization in contravention to the provisions of paragraph 6 of article 49 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 83 SECTION II Of article 87 responsibility responsibility for acting on behalf of another 1-Who act voluntarily as a member or representative of a legal person, a company, even if irregularly incorporated, or mere de facto Association or in legal or voluntary representation of another, is punished even when the legal type of administrative offense requires: a) certain elements and these only occur in the person represented; b) agent practice in your own interest and the representative acts in the interests of the represented. 2-the provisions of the preceding paragraph is worth even the legal act to be ineffective source of their powers. 3-legal persons, companies and other entities referred to in paragraph 1 respond jointly and severally, pursuant to the civil law, the payment of fines in which they condemned the agents of the offences provided for in this code, in accordance with the preceding paragraphs. Article 88 liability of legal persons and similar 1-legal persons, companies and mere de facto associations are responsible for offences when committed by its organs or representatives in your name or in the collective interest. 2-the responsibility is excluded when the agent has acted against orders or instructions expressed in who.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/84 3-4 Without prejudice to the provisions of paragraph 3 of the preceding article, the responsibility of the entities referred to in paragraph 1 does not exclude individual liability of its agents. SECTION III of article 89 of Law access access 1-administrative authorities in the exercise of its functions, supervisory or inspectivas surveillance is provided free entry in the establishments and places where they engaged in the activities to be inspected. 2-responsible for the spaces referred to in the preceding paragraph are required to provide the entry and permanence inspection authorities, surveillance and monitoring in the exercise of their activities and to introduce the documentation, books, records and any other elements required to them, as well as to provide them with the information requested. 3-In case of refusal or obstruction of inspection, supervision or surveillance may be requested the cooperation of the security forces to remove such obstruction and ensure security and inspection instruments. CHAPTER II of the fines and penalties section I Fines Amounts of fines article 90 1-every step of their own (boraginales) seriousness of the contravention corresponds a fine forest varies according to be applied to a natural or legal person and depending on the degree of guilt of the agent.

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85 2-light offences correspond the following fines: a) If committed by natural persons, of (euro) 50 to (euro) 500; b) If committed by a legal person, of (euro) 500 (euro) 5000. 3-To serious offences correspond the following fines: a) If committed by natural persons, of (euro) 500 (euro) 5000; b) If committed by a legal person, to (euro) 5000 (euro) 25000. 4-The very serious offences correspond to the following fines: a) If committed by natural persons, of (euro) 25000 to (euro) 100000; b) If committed by a legal person, to (euro) 60000 to (euro) 500000. 5-the practice of administrative offences provided for in article 86 in the form of trial or negligent manner is punishable, and the limits referred to in the preceding paragraphs halved. 6-In case of recidivism, the minimum and maximum limits of the fine are high in a third of their value. Article 91 1 offences contest-If the same fact constitute crime and a misdemeanour simultaneously, the defendant is punished as a crime, always without prejudice to the application of the accessory sanction provided for the offense. 2-the application of the accessory sanction, in accordance with the provisions of the preceding paragraph, the competent court for the trial of the crime. 3-the sanctions applied to breaches in competition are always cumulated materially.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 86 SECTION II additional sanctions Article 92 penalties 1-simultaneously with the fine can be applied, one or more of the penalties listed below, depending on the seriousness of the offence and the guilt of the agent: the) loss to the State of the instruments, including machinery, vehicles or any other objects which served or were designed to serve for a misdemeanour; b) loss to the State of goods or product resulting from the activity against-ordenacional, except where the owners of anything contributed to the practice of administrative offense; c) Interdiction of exercise the profession or activities related to counter-ordination; d) deprivation of subsidies or other benefits granted or to be granted by entities or public services, within the framework of the forest activity; and license suspension); f) deprivation of license assignment; 2-The sanctions referred to in (c)) and e) of the preceding paragraph have the minimum duration of 15 days and a maximum duration of 1 year, in the case of point (c)) of the preceding paragraph, and 2 years, (e)) of the preceding paragraph. 3-the sanction provided for in point (d)) of paragraph 1 has the minimum duration of 1 year and a maximum of 3 years and f) of paragraph 1 has the minimum duration of 90 days and maximum of 2 years.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th Article 87 93 1-condemnation of the condemnation by the practice of serious infringements and very serious, in particular those laid down in paragraph 2 and in paragraph 3 of article 86 is published. 2-the publicity of the conviction referred to in paragraph 1 may consist in the publication of an extract with the characterization of the offence and the norm violated, the identification of the offender and the penalty imposed, alternatively: a) A nationwide daily newspaper and a local or regional periodical publication, the seat of the offender, at the expense of this; (b)) in the second series of the Diário da República, on the last working day of each quarter, in relation to offenders convicted in the previous quarter, at the expense of these. 3-The publications referred to in the preceding paragraph are promoted by the competent court, in relation to offences subject to judicial decision, and by the management authority, in all other cases. Article 94 suspension of sanction-1 accessory may be suspended the execution of the penalty applied to accessory light and serious offenses in the case to verify the assumptions of general criminal law does depend on the suspension of the execution of sentences, since that is paid the fine, under the conditions laid down in the following paragraphs. 2-If the offender has not been convicted in the past five years, the practice against-serious or very serious, the suspension can be given for a period of 6 months to 1 year.


PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/88 3-4 the suspension can still be determined, for a period of one to two years, if the offender, in the last five years, has practiced only serious infraction, and, in this case, be disabled, or cumulatively: a) the provision of collateral of good conduct; b) To line of duty training frequency, whose contents are approved by the President of the AFN; c) specific duties referred to in other legislation. 4-the guarantee of good conduct is fixed between € 500 and € 15000, taking into account the duration of the sanction applied accessory and the economic situation of the offender. 5-The burden of training frequency are borne by the offender. 6-the imposition of duty training frequency should take into account the personality and the professional skills of the offender, and may not harm the normal exercise of your professional activity, nor represent obligations whose fulfilment is not reasonably required. Article 95 revocation of suspension of sanction 1 accessory-the suspension of sanction is accessory revoked if, during the relevant period: a) the offender committing serious or very serious infraction; (b)) the offender does not comply with the duties imposed under paragraph 3 of the preceding article; c) the offender, in the case of other accessory penalty, making new against-the same law or its regulations, also with accessory sanction and propriety.

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2-the withdrawal determines compliance with the sanction whose execution was suspended and the breaking of the bond, which reverses in favor of have determined the suspension. Section III of Article 96 prescription Prescription 1-procedure for serious and very serious offences prescribes as soon as on the practice of the administrative offense there is within 5 years, without prejudice to the causes of interruption and suspension provided for in the general scheme. 2-the procedure for minor offences prescribes as soon as on the practice of the administrative offense there's within a year, without prejudice to the causes of interruption and suspension provided for in the general scheme. 3-the period of limitation of fines and penalties is: 3 years), in the case of serious and very serious offences; b) 2 years in the case of minor offences. 4-the period referred to in the preceding paragraph is counted from the day he becomes final or transits in the judgment which determined the your application, without prejudice to the causes of interruption and suspension provided for in the general scheme.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 90 CHAPTER II competent authorities, of the precautionary measures and the process section I competent authorities Article 97 1 Surveillance-without prejudice to the powers assigned by law to other entities by reason of the matter or the jurisdiction, the provisions of this Code the AFN , the GNR, municipal police forces, other security forces with intervention in the forest spaces and the ICNB, i. p., in the case of protected areas. 2-civil and military authorities, including the tax and administrative, are required to the duty of cooperation and, where requested, provide all the assistance for the monitoring of the implementation of forestry policy. Article 98 1 contra-ordenacionais processes Statement-the statement of administrative offences provided for in this code is the responsibility of the AFN. 2-Notwithstanding the previous paragraph, the processes of administrative offences shall: a) The ICNB, i. p., and the AFN, in protected areas; (b)) to the respective city councils, in the situations specified in paragraph 4 of article 15 and paragraph 3 of article 24 PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th article 99 1-91 Decision to the decision and to the application of fines and penalties is the President of the AFN, with faculty of delegation. 2-protected areas the powers provided for in the preceding paragraph are entrusted to the President of the ICNB, i. p., with faculty of delegation. 3-the competence to the decision and to the application of fines and penalties, with regard to those provided for in subparagraph (b)) of paragraph 2 of the preceding article is the President of the respective Town Hall, with faculty of delegation. Article 100 Product of fines 1-the proceeds of fines imposed under this Code reverts to the following entities: the 60% rule); b) 30% to the entity that instructed and decided the process; c) 10% to the entity that lifted the auto. 2-the amount equivalent to 50% of the referred to in point (b)) of the preceding paragraph is used for the Permanent Forestry Fund.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/92 4 SECTION II Of article 101(1) precautionary measures precautionary measures 1-When is necessary for the statement of the process the AFN can determine one or more of the following measures: a) Seizure of instruments, namely machinery, vehicles or any other objects which served or were designed to serve for a misdemeanour; b) seizure of the goods or products resulting from administrative activity, except where the owners of anything contributed to the practice of administrative offense; c) license Suspension; d) suspension of operation or closure of preventive establishment; and suspension) of some or certain activities or functions performed by the defendant; f) equipment for sealing time. 2-While the goods remain seized, your owner is allowed to benefit them or keep them under the surveillance authority to order which are seized are not, however, responsible for any damage that may result from the lack of appropriate rehabilitation or conservation. 3-are ineffective the legal transactions relating to goods seized. 4-the presale of assets seized provisionally, when there is a risk of deterioration or it is required by its owner or keeper. 5-the goods seized offenders constitute guarantees of payment of fines.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 93 section III of article 102 process Auto News 1-When any authority or police officer, in carrying out their duties of supervision and control of the activities of conservation, management and protection of forest spaces and its features, see the practice of infraction, raises or send up auto news , which mentions the facts which constitute the offence, the day, time, place and circumstances in which it was committed, the name and the quality of the authority or the authority agent witnessed and everything I can find out about the identification of agents of the infringement and, where possible, of witnesses who can testify about the facts. 2-When the offence report to legal persons or similar, must indicate, where possible, the head office, as well as the identity and residence of the managing partners. 3-auto news is signed by the authority or police officer that the raised or send up and by the offender, if you want to sign and, in case of refusal, this bear. 4-auto news copy should be given to the offender. 5-can lift a single auto news for different offences committed on the same occasion or related to each other, although several agents. 6-the auto news lifted pursuant to the preceding paragraphs in authentic judgment on the facts presented by the autuante, until proven otherwise. 7-the provisions of the preceding paragraph applies to evidence obtained through apparatus, instruments or equipment used in legal terms.

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94 Article 103 1 Complaint-the authority or police officer who becomes aware, for complaint, the practice of tilling a misdemeanour provided for in this code or send plough auto news. 2-is correspondingly applicable, mutatis mutandis, the provisions of the previous article. Article 104 voluntary payment 1-in the case of offender without any precedent in their individual registration, can this be voluntary payment by the legal minimum of the fine envisaged for its infringement, within 15 working days of notification. 2-term record, for the purposes set out in the preceding paragraph the practice of one or more forest offences in the three previous years. 3-the voluntary payment of the fine does not exclude the possibility of applying additional sanctions. Article 105 infringement communication 1-after lifting, the defendant must be notified:) of the facts constituting the infringement; (b)) of the day, time, place and circumstances in which the offence was committed or detected; c) infringed legislation and sanctioning the facts;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 95 d) penalties applicable to it; and time) and location for the presentation of the defence; f) the possibility of voluntary payment of the fine by a minimum of time and the way to carry out, as well as of the consequences of non-payment; 2-the defendant may, within 15 working days of the notification, submit your defense, in writing, with an indication of witnesses, up to a maximum of three, and other evidence, or to proceed with the voluntary payment, in accordance with the purposes set forth in the preceding article. 3-in the same term the defendant can still apply for the suspension of sanction ancillary. 4-the voluntary payment of the fine does not prevent the accused to present your defense, restricted to the seriousness of the offence and the penalty applicable accessory. Article 106 1 Notifications-notifications shall: a) For personal contact with the notifying at the place where it is found; (b)) By registered letter with acknowledgement of receipt sent to the domicile or seat of the notifying; c) By simple letter sent to the domicile or seat of the notifying. 2-the notification by personal contact should be made, whenever possible, in the Tax Act, and may also be used when notifying is found by the competent authority.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/96 3-4 When notification is not possible by personal contact referred to in the preceding paragraph, the notification shall be made by means of registered letter with acknowledgement of receipt, sent to the domicile or seat of the notifying, if made on the date it is signed the acknowledgement of receipt or on the third business day after that date When the notice is signed by diverse person notifying. 4-If, for any reason, the letter referred to in the preceding paragraph is returned to the sender, the notification is resent to the notifying, for your domicile or seat, through simple letter. 5-In simple letter notification must expressly appear in the process the date of dispatch of the letter and the address to which it was sent, considering the notification made on the fifth day after the date indicated there, making provision this to be entered in the Act of notification. 6-where the notifying refuses to receive or to sign the notification, make sure the agent refuses, considering the document. 7-where it is not possible to carry out the notification by the shapes provided for in the preceding paragraphs may be made to the fax number or e-mail address notifying you. 8-when notification is made by fax or via e-mail, it is assumed that it was made on the date of issuance, serving as proof, respectively, a copy of the notice where the record a statement to the effect that the message was sent successfully, as well as the date, time, and fax number of the recipient or the extract from the message, which is close to the record. 9-notifications made by simple registered letter shall be deemed made on the third day subsequent to the registration or on the first business day following that, when that day would not be useful.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 97 107 notifications to representatives 1-notifications to the defendants that have constituted representative are, where possible, made in person and in your professional domicile. 2-when notification has a view to the convening of witnesses or experts, in addition to the notification of these, is even notified the agent, indicating the date, the place and the reason for the show. 3-for the purposes of the previous article, the accused, whenever call witnesses, must provide all the elements necessary for your notification, in particular indicate the address and the postal code for each one of them. 4-the notifications referred to in the preceding paragraphs are made by registered letter with acknowledgement of receipt, by applying to them the provisions of paragraphs 4, 5 and 6 of the preceding article. Article 108 1 Witnesses-witnesses, experts or technical consultants appointed by the defendant on defense should he be presented on the date, time and place indicated by the instructor of the process. 2-exceptions to the provisions of the preceding paragraph the experts of establishments, laboratories or official services, as well as authority agents, although listed by the defendant, which shall be notified by the administrative authority.

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98 SECTION III individual Registration article 109 1 individual Record-the AFN is the entity responsible for the creation, maintenance and updating of the register of each defendant, with the nature of electronic registration, subject to confidentiality, in which are thrown all the sanctions that are applied for offences committed after the publication of this code. 2-individual registration is organized into central computerised file, and should contain: a his) identification of entity that delivered the judgment; b) identification of the defendant; c) the date and form of the decision; d) the content of the decision and the precepts applied; and) the penalties and precautionary measures applied; f) the payment of the fine or penalty; g) any execution of the fine and the costs of the proceedings. 3-the register of offences is canceled when you pass three years after completion of the main or accessory penalty applied. 4-the National Commission for data protection (CNPD) monitors and supervises, under the law on protection of personal data, the operations referred to in the preceding paragraphs.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 99 5-in cases in which should be appreciated the responsibility of any defendant is always together with a copy of the records concerning him, and the interested have access to your record always requesting it. 6-Can still access the data in the individual record: a) the judicial magistrates and the public prosecutor for criminal investigation purposes and education of criminal prosecutions; b) entities which, under the criminal procedure law, receive delegation for the practice of acts of investigation or instruction; c) officials for the pursuit of public purposes to your position. TITLE XIII transitional and final provisions article 110 1-Rates the issue of opinions, as well as other services provided under this code and supplementary legislation, are subject to rates fixed by order value of the members of the Government responsible for the area of forests. 2-the rates correspond to the actual cost of the services provided. 3-the rates referred to in paragraph 1 are updated annually based on the consumer price index, excluding housing.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 100 article 111 existing Territories submitted to the forest regime all areas subject to the forest regime pursuant to Decree of 24 December 1901 and the Decree of 24 December 1903 keep sorting that hold, not requiring new submission. Article 112 Declaration of essential public utility 1-the Declaration of essential public utility and agricultural ventures assertions with relevant and sustainable interest for the local economy provided for in (a)) and (b)) of paragraph 2 of article 44 and in paragraph 2 of article 45, competes in conjunction to the members of the Government responsible for the area of forests, with the tutelage of the enterprise if not agricultural project and the area of the environment in the case of there being no way to environmental impact assessment. 2-for the purposes of the preceding paragraph, the applicant shall submit: a) a descriptive document and justification to demonstrate technically the interest of economic and social development, sustainability and your lack of valid alternatives as to your location; b) environmental impact statement when this is required. 3-in cases of public infrastructure, including road, rail, port, airports, water supply or sanitation subject to environmental impact assessment environmental impact statement favorable or favorable conditionally is equivalent to recognition of the essential public utility of the action or sustainable and relevant interest to the local economy of enterprises. 4-The essential public utility declarations have a duration of five years, renewable, if not verify the change of assumptions which gave rise to them.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 267/X/4th 101 Article 113 relevant general interest 1 project-relevant general interest projects like one declared by Ordinance or resolution of the Council of Ministers, may benefit from a special scheme of specific measures countervailing and dispense with the Declaration of essential public interest provided for in the previous article. 2-in the Ordinance or resolution of the Council of Ministers referred to in the preceding paragraph must be expressly provided for the special scheme, as well as the exemption from Declaration of essential public utility. Article 114 Deadlines for commitments and opinions 1-authorizations provided for in this Code shall be issued, at the request of the person concerned, within 35 days by the competent authority, which has 10 days from the receipt of the application, to request the necessary advice. 2-the entities consulted by the AFN for opinion, shall give its opinion within 20 days of the date of availability of the process, after which without the opinion is issued, the procedure can continue without the same. 3-the competent authority to authorize can, where necessary, and show for once, ask the applicant additional elements relevant to the decision, suspending, the period referred to in paragraph 1. 4-lack of issuance of authorization within the time limit laid down in paragraph 1 is equivalent to tacit acceptance of the request. 5-the time limits laid down in this article shall be 7. Article 115 Advertising regulatory and technical standards established under this code, must be publicized in the website of the AFN, regardless of other mandatory publications.