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Authorizes The Government To Pass The Forest Code

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

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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

1

Exhibition of Motives

The valorisation and safeguarding of forest spaces and resources has since always constituted a

of the priorities of the Portuguese spatial planning policy. Since the Code

Visigopic, which established the first measures for the protection of forest stands,

passing through the numerous legislative and government measures of the superyans of the first

dynasties, which have even included the creation of forest massifs of great strategic value,

overlooking the Pinhal de Leiria as the world's first example of rearborization in

large scale, up to the development, at the beginning of the Twentieth Century, of a regulatory body,

that public powers have become concerned in the creation of a legislative framework

appropriate to the challenges with which, in each epoch, the country has defaced.

Date of the beginning of the nineteenth Century the perception of the need for a forest code that

confers coherence to the already then pulverized, unstable and outdated legislative building.

For that even alerted in 1815 José Bonifácio de Andrade e Silva, first silvicultor

Portuguese and patriarch of the independence of Brazil, by the purpose of the need for a new

forest policy.

However, only in 1901, with the entry into force of the forest regime, came to fruition, in the

Portuguese law, the first piece of legislation of general cariz that, founded on the most modern

forest management techniques then available, put Portugal at the level of the countries

most advanced Europeans in forest legislation. On the basis of the forest regime, they adopted-

whether intervention programmes and sustainable forest management for about one-third of the

forest surface, affronting the most serious environmental problems faced by

then the country, such as the erosion or conservation of high-value plant formations

ecological, enabling the consolidation of the forest sector as one of the most important in

national economy and its contribution to rural development policies, of

environment and nature conservation, with the creation of the first networks of areas

protected.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

2

However, the Portuguese forest, overwhelmingly private and characterized by a huge

diversity of production systems and ownership structures, from early on necessitated from

legislative measures complementing the forest regime, above all in respect of the

economic exploitation of the multiple resources provided by forest spaces

and to their defence against unsustainable exploitation, fires or pests and diseases. In this

meaning, was published in 1926 the regime of " Protection of Forest Wealth of the Country " and, since

then, numerous specific legislation, of a complementary nature, was produced,

responding conjuncturally to deep mutations of ecosystems, the economy and the

Portuguese society.

The approval, in 1996, of the Forestry Policy Basics Act, allowed the valorisation of the

Portuguese forestry legislative system, constituting an opportunity for its

simplification and appropriateness to the new challenges of safeguarding and managing spaces

forest, better perceived by society with the fires of 2003 and 2005, and with

the emergence of diverse epifitias that threaten the sustainability of the main ranks

forest, as well as the state of conservation of protected ecosystems.

The National Strategy for Forests, adopted in 2006, recognized as a priority to

goal of rationalization and simplification of the legislative framework, reducing the profusion of

legislative instruments, increasing their effectiveness and conferring greater credibility on the

performance of the Administration.

Thus, at this beginning of the Twenty-First Century, Portugal confronts itself, again, with the need

pressing to update the legal regime for protection and development of resources

forest and sustainable use of the wildspaces, renewing the standards of higher

seniority but whose relevance holds, simplifying the legal provisions for a

more transparent and effective performance of public services, and codifying dispersed legislation

by numerous diplomas.

It was triggered consultation with the self-governing bodies of the Autonomous Regions.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

3

It was triggered consultation with the National Association of Portuguese Municipalities and the

National Association of Freguesias.

It was triggered consultation with the National Data Protection Commission.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

It is granted permission to the Government to approve the Forest Code and a regime against-

specific ordinance for forest nature offences.

Article 2.

Sense

This legislative authorization bill is granted to allow for greater effectiveness

in the prevention and repression of the counterordinate counterordinates concerned with a view to the

final objective substantiated in the conservation and rational management of forest resources,

to deprive those responsible of any economic benefit resulting from the offences or, in the

minimum, to sanction them in a manner commensurate with the seriousness of the offences committed, of

take advantage of the means that new technologies make available, without changing the guarantees of

defence of the accused, of enabling the licensing by the municipal chambers in the actions of

arborization and rearborization, as well as of the instruction and decision of the correspondents

counter-ordering processes and still obliges the owners and other producers

forestry to the realization of minimum forestry operations, which guarantee the safeguard of the

forest heritage.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

4

Article 3.

Extension

The extent of the legislative authorization granted is as follows:

a) Setting the limits of the fines applicable to the agent in the minimum amount of € 50 and

in the maximum amount of € 100,000, in the case that the offender is a natural person;

b) Setting of the limit of the fines applicable to the agent in the minimum amount of € 500 and

in the maximum amount of € 500,000, in the case that the offender is a legal person.

c) Consecration of counterordinational liability with respect to those who

act in the name of others, as long as they do so voluntarily, as an organ,

member or representative of a legal person or society, yet

irregularly constituted, or of mere association in fact, or still in

legal or voluntary representation of outrain;

d) Creation of a computerized individual record in which all the

applied sanctions;

e) Consecration of the maximum limit of three years, for ancillary sanctions, of duration

of the deprivation of the allocation of subsidies or other benefits, either bestoed or the

outorach, by entities or public services, within the scope of forest activity;

f) Attribution of faith in judgment to the autos of news raised by the authorities or

agents of the authority in the exercise of their supervisory functions, even proof in

contrary;

g) Prediction that the goods seized from the offenders constitute guarantees of

payment of the fines;

h) Establishment of the possibility of early selling of goods cautiously

apprehended, when there is a risk of deterioration or such is required by the respective

owner or holder;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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i) Prediction of voluntary payment for the legal minimum of the fine, in the case of the

infractor shall not have any antecedent in the respective individual record;

j) Prediction of the declaration of loss in favour of the State of any instruments, which

served or were destined to serve the practice of counterordinance, as well as

the goods, products and amounts seized in the counterordinate process;

l) Prediction of the prescription, the five-year period has elapsed on the practice of the against-

ordering, of the procedure by the serious and very serious counter-ordinations;

m) Prediction of the prescription of the fine and ancillary sanctions, the deadline of two

years on the practice of counterordinance, in the case of light counterordinations;

n) Prediction of the obligation of the owners and other forest producers

proceed to the realization of minimum forestry operations in the respective

forest and agro-florestais;

o) Prediction of the possibility of free entry into the establishments and places where if

to exercise the activities to be inspected by the administrative authorities in the financial year

of the inspective, supervisory or surveillance functions;

p) Prediction, in the case of arborization and rearborization with fast-paced species

growth, licensing, municipal chambers, actions involving

areas lower than 10 ha;

q) Consecration of the possibility for the municipal chambers to instructing and deciding

counter-ordering processes, with regard to the actions of the operators

forest, and to arborizations and rearborizations up to 10 ha;

r) Prediction that forest spaces can be submitted to the forest regime and

to their burden and incidences;

s) Prediction that private forest spaces, not included in the forest scheme

total or partial, which benefit from public supports for the constitution or

beneficiation of forest stands, be submitted to the forest scheme

special, by virtue of the contract and during its duration;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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t) Prediction that forest communication routes, in land submitted to the

forest regime that do not constitute public access of settlements or

particular properties, are not open to public transit;

u) Consecration of the possibility of the State Budget being able to realize

annually the appropriate tax benefits to the forest sector, in addition to the

established in the applicable forest legislation.

Article 4.

Deadline

The legislative authorization granted by this Law shall be for the duration of 90 days.

Seen and approved in Council of Ministers of April 23, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

7

The public forest service exists, in Portugal, as an autonomous entity, since 1824, date

in which the Forest Administration of the Kingdom of the Kingdom is created, under the tutelage of the Ministry

of the Navy, which transitioned later to the Ministry of Public Works, Trade and

Industry.

In 1886 the Forest Services are created, in the dependence of the Directorate General of

Agriculture, and in 1919 is created, under the governative tutelage of the Ministry of Agriculture, the

Directorate-General for Forest Services and Aquaculture, which allowed to carry out the largest works

of forest engineering in Portugal, namely the realization of the afforestation of the

seaside dunes, torrential correction works and the realization of the Povoation Plan

Forest, from 1938, with the afforestation of the saws of the interior.

In 1901 through the Decree of December 24, 1901, the forest regime is approved,

diploma that included the set of standards applicable to the forest sector and which remain

vigour in our legal order since then.

During the 108 years of the term of the aforementioned regime, there were numerous diplomas that, on

the most varied areas of forest intervention, have been regulating these subjects

repealing some of the norms of the regime and holding others that at this time

find dissuitable from the existing reality.

Add to that the legislation regulating the forest sector is found to be dispersed by numerous

diplomas, making it difficult to apply.

The Government has decided to set up the National Forest Authority, a new entity with a

new organic law that has in the respective public missions the valorisation of the ranks

forest, thus imponing in a new perspective of affirmation of the essential functions

of the State, ensuring partnerships with the entities connected to the sector and ensuring better

quality of public service.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

8

Thus, one of the objectives of this new entity is the approval of a Forest Code that

compile and update the framing subjects of the forest activities that were found

dispersed and thus to approve a structuring document for the sector defining the policy

national forest and a set of policy instruments that allow it to be implemented.

Thus:

In the use of the legislative authorization granted by the ___/___ Law of ___, and pursuant to the

point ( a) and b) of Article 198 (1) of the Constitution, the Government decrees the following:

Article 1.

Approval

The Forest Code is hereby approved, which publishes in annex to the present decree-law and that of it

is an integral part.

Article 2.

Regulatory legislation

The regulatory legislation, standards and technical rules provided for in the Forest Code,

approved in annex to this decree-law and that it forms an integral part, are published

no later than twelve months from the date of its entry into force.

Article 3.

Application in time

1-To administrative proceedings initiated prior to the entry into force of the Code

Forest, approved in annex to this decree-law and which of it is an integral part thereof,

applies the current law at the time of commencement of the process.

2-A The punishment of forest counterordinance is determined by the prevailing law at the moment

of the practice of the fact or the fulfillment of the assumptions on which it depends.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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3-Without prejudice to the provisions of the preceding paragraph, the present decree-law shall apply to us

cases in which it is concretely more favorable to the accused, save if it is already found

pays the fine and complied with the ancillary penalty that has been applied for.

Article 4.

Monitoring of the implementation of the Forest Code

1-A cross-sectoral working group of an advisory character is constituted for

monitoring of the regulation of the Forest Code, approved in annex to the

present decree-law and that of it is an integral part, by porterie of the member of the

Government responsible for the area of forests.

2-The working group referred to in the previous number integrates, obligatorily,

representatives of the members of the Government responsible for the areas of forests,

environment and planning of territory, economy and research.

3-The working group extinguishes itself on December 31, 2010.

Article 5.

Transitional arrangement

Until the publication of the standards referred to in Article 14 (3) of Article 15 (4) of the

article 17, in Article 19 (2), in Article 21 (4), Article 24 (7), para. 2

of Article 33, paragraph 3 (3), in paragraph 4 (4) of Article 45 (13) of the Article 45 of the

article 49, in Article 55 (3), in Article 68 (2), Article 69 (2), para. 4

of Article 73 and in Article 74º (4) of the Forest Code approved in annex to the present

decree-law and that it forms an integral part, the technical standards remain in force

currently beholdant.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

10

Article 6.

Autonomous Regions

The provisions of the Forest Code, approved by this decree-law, shall apply to the Regions

Autonomas of the Azores and Madeira, without prejudice to their suitability for specificity

regional, to be introduced by regional legislative decree.

Article 7.

Abrogation standard

They are revoked:

a) The Decree of December 24, 1901;

b) The Decree of December 24, 1903;

c) The Decree of March 9, 1905;

d) The Decree of July 11, 1905;

e) The Decree No. 12625 of November 9, 1926, with the wording given by the

Decree No 12793 of November 30, 1926;

f) The Decree-Law No 13658 of May 20, 1927;

g) The Decree-Law No 13658 of May 23, 1927;

h) The Decree No. 20985 of March 7, 1932;

i) The Decree No. 26408 of March 9, 1936;

j) The Act No. 27667 of April 24, 1937;

l) The Decree-Law No 28039 of September 14, 1937;

m) The Decree No. 28040 of September 14, 1937;

n) The Decree-Law No 28468 of February 15, 1938;

o) The Decree No. 28517 of March 11, 1938;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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p) The Act No. 1971 of June 15, 1938;

q) The Decree-Law No 28468 of February 15, 1938;

r) The Decree No. 31002 of December 24, 1940;

s) The Portaria No. 11070 of August 22, 1945;

t) The Decree-Law No 38273 of May 29, 1951;

u) The Decree-Law No 38630 of February 2, 1952;

v) The Act No. 2069 of April 24, 1954;

x) The Decree-Law No 39931 of November 24, 1954;

z) The Decree-Law No 41033 of March 18, 1957;

aa) The Decree-Law No 43464 of January 4, 1961;

bb) The n. º2 of the Portaria No 23526 of April 8, 1968;

cc) The Decree No. 44625 of October 13, 1962;

dd) The Decree-Law No 145/72 of May 3;

ee) The Decree-Law No 129/88 of April 20;

ff) The Decree-Law No 139/88 of April 22;

gg) The Decree-Law No 173/88 of May 17;

hh) The Decree-Law No 174/88 of May 17;

ii) The Decree-Law No 175/88 of May 17;

jj) The Decree-Law No 139/89 of April 28;

ll) The Decree-Law No 180/89 of May 30;

mm) The Portaria No. 513/89 of July 6;

nn) The Portaria No. 528/89 of July 11;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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oo) The Decree-Law No 423/89 of December 4;

pp) The Decree-Law No. 327/90 of October 22, with the wording given by Law No.

54/91, of August 8, by the Decree-Law No. º34/99 of February 5, by the

Decree-Law No 55/2007 of March 12;

qq) The Act No. 33/96 of August 17;

rr) The Decree-Law No 276/97 of October 8;

ss) The Decree-Law No. 20/98 of February 3, with the wording given by the Decree-

Law No. 253/98 of August 11;

tt) The Decree-Law No 224/98 of July 17;

uu) The Act No. 158/99 of September 14;

vv) The Decree-Law No. 528/99 of December 10, with the wording given by the

Decree-Law No 147/2001 of May 2;

xx) The Decree-Law No. 169/2001 of May 25, with the wording given by the Decree-

Law No. 155/2004 of June 30;

zz) The Decree-Law No 316/2001 of December 10;

aaa) Section III, of Law No. 30/2006, of July 11.

Article 8.

Remissions to repealed legislation

All remissions to the legal provisions and to the legislative acts repealed in the

terms of the provisions of the previous article consider themselves to be made for the corresponding

provisions of the Forest Code, approved in annex to this decree-law and that it does

an integral part.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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Article 9.

Entry into force

This decree-law shall come into force 90 days after its publication.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance

The Minister of the Internal Administration

The Minister of Justice

The Minister of Economy and Innovation

The Minister of the Environment, Territory Planning and Regional Development

The Minister of Agriculture, Rural Development and Fisheries

The Minister of Labour and Social Solidarity

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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ANNEX

FOREST CODE

Title I

General provisions

Article 1.

Subject

1-The present Forest Code, hereafter abbreviated, designated by Code,

frames the forest policy guidelines and covers the standards regarding the

planning, planning and forest management, determines the incidences of the scheme

forest, the protection of forestry heritage, the valorisation of forest resources, and the

regime applicable to forest counter-ordinations.

2-The Code is applicable throughout the national territory.

Article 2.

Definitions

For the purposes of this Code shall be deemed to be:

a) "Emergency stabilization and rehabilitation actions", the set of

very short and medium term activities necessary to repair damage or

disturbances caused by forest fires or activities of suppression of

fires, eliminate risks to the safety of people and goods and restore the

biophysical capacity of ecosystems for pre-existing conditions, or

desired;

b) "Abiotic agents", the physical elements such as wind, fire, snow and others,

that condition the development of plant formations and that they can

constitute in some cases limiting factors to forest management objectives;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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c) "biotic agents", the living elements of the ecosystems they can assume

epidemic behaviour, constituting pests, diseases, infestations and encroachments,

and which may limit the development of plant formations and constitute

in some cases limiting factors to forest management objectives;

d) "Arborization", the afforestation or plantation with forest species;

e) "Classified areas", the areas defined and delimited cartographically of the

national territory and waters under national jurisdiction, which, depending on its

relevance to the conservation of nature and biodiversity, are the subject of

specific regulation;

f) "Sensitive forest areas" the areas that, from the point of view of the risk of fire, from the

exposure to pests and diseases, from sensitivity to erosion, and of importance

ecological, social and cultural, impose special standards and measures of planning and

intervention, and may assume diverse assignments depending on the nature of the

situation to which they refer;

g) "Protected Areas", the areas classified as a function of their relevance to the

conservation of nature and biodiversity, in any of the typologies

referred to in the legal regime for the conservation of nature and biodiversity;

h) "Arvoredo of public interest", the forest stands, woods or

bosquets and gardens of botanical, historical, landscaping or artistic interest, well

as the isolated exemplars of plant species that by their representativeness,

rarity, size, age, history, or cultural significance can be considered from

relevant public interest, and recommend to careful maintenance, management and

conservation;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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i) "spontaneous Azevinho", all insulated or in-populated exemplars of Ilex

aquifolium , also known as pica-leaf, visker or zebro, whose occurrence

result of natural regeneration, excluding those cultivated for consumption purposes

own or for marketing;

j) "Brafts", the ramifications that inked in the pernades.

l) "Conversion", for the purpose of intervention in the overlapping stands and

azinion or mixed of these species, such as the alteration which implies the modification

of regime, of the composition or the reduction of density of the settlement below the

minimum values set out in paragraph (ggg) of this Article;

m) "Conversion cuts", the interventions in which, through start-ups or cutting of

trees, if it reduces the density of the stands below the minimum values

defined in paragraph (ggg) of this Article;

n) "Ordinary cuts", the planned cuts in forest management instruments, or

that are to be quadrupled in the normal cycles of forest settlement, of the boskets,

of the isolated feet or scattered arvorees;

o) 'Extraordinary cuts', any cut that runs out of planning

envisioned for the cycle of forest settlement, bosquets, isolated feet or

arvoredo dispersed on sanitary grounds, of poor adaptation, of recovery of

arched or degraded areas, or for other unplanned reasons;

p) " Premature cuts of stands of eucalyptus spp. ", the cuts in which by the

less 75% of the trees in the settlement do not have a diameter to the height of the

chest equal to or greater than 12 cm or a perimeter to the height of the equal chest or

greater than 37.5 cm;

q) "Premature cuts of pine-mad stands", the cuts in which by the

less 75% of the trees in the settlement do not have a diameter to the height of the

chest equal to or greater than 17 cm or a perimeter to the height of the equal chest or

greater than 53 cm;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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r) "Cork amadia", the cork coming from parts of overwelling in which it is the

third time or following that excers cork;

s) "Cork in cru", the cork after extraction, before suffering any treatment

physical or mechanical;

t) 'Cork druness', the cork coming from parts of overwingers in which it is the

second time that cork extrai;

u) "virgin cork", the cork coming from parts of overwingers in which it is the

first time that cork extrai;

v) "Desbaste", the operation used for density corrections in stands

of overhead or azinion or mist of these species, or through which, by

start-up or selective cutting, are eliminated dead trees, lapses, or

strongly affected by pests or diseases or which harm the

development of others in good vegetative conditions or yet

represent danger to persons and property;

x) "Desbuoys", the first discoursing to which a superiro is subjected;

z) "Discoursing or unrashing", the operation consisting in extracting from overs

live part of the cork that has them;

aa) "Disramming", the cutting operation of living or dead branches, with the objectives

of valorisation of the quality of wood, of fomenting discontinuity of

fuel or the safeguarding of the security conditions of infrastructure of

transportation, including electrical or communications cables;

bb) " Agricultural enterprise of relevant and sustainable interest for the economy

site ", the agricultural venture with importance to the local economy,

assessed in terms of net creation of employment and higher value added

to that of the current use of the land, with economic and financial viability, and whose

location, not possessing alternative, presents adequate edafo-climatic aptitude

for the agricultural use in question;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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cc) "Forest spaces", the land occupied with forest, mats and pastures or

other spontaneous plant formations, according to the criteria defined in the

National Forest Inventario;

dd) "Fast-growing forest species", all those that may be subject to

exploration in short revolutions, namely those of genera Eucalyptus and

Populus ;

ee) "Indigenous forest species", any species of the flora originating in the territory

national, and that there occur naturally;

ff) "Invasive species", the species likely to, on its own, occupy the territory of

an excessive form, in area or in number of individuals, assuming the character

of plague or provoking a significant modification in ecosystems;

gg) "Physical exploration", the management model of forest stands in which

the trees are kept until they reach or are very close to the deciduous;

hh) "Social economic exploitation", the model of management of the stands

forest in which it is intended to maximize the volume of the trees of large

dimensions and sans and which provide the highest number of profiteers;

ii) "Exploration in meats", the type of uncortising in which the surface of the

overhead explored for production of the cork finds itself divided into two or more

parts, with a view to the systematic extraction of it in different years;

jj) "Forest and agro-forest exploration", the building or set of occupied buildings,

either wholly or partially, by forest spaces, belonging to one or more

owners and who are subjected to a single management;

ll) "Exploitation of forest stands in short revolutions", the regime of

exploration in which the realization of the lumpy material is made using the

application of successive shallow cuts with intervals of less than 16 years;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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mm) "Forest filler", the set of economic operators to exercise the

production, processing, service provision or marketing activity

of a product or group of products obtained from the goods from the

forest spaces or associated them;

nn) "Fuste", the assignment given to the trunk section of the measured tree from the base

(lap) to the base of the living copa;

oo) "Riparian galleries or riparian mats", the forest formations associated with the

immediate vicinity of the water lines at the bottom of valleys, or the level water masses

little variable;

pp) 'Forest Fire', any fire that decorates in forest spaces, no

planned and uncontrolled and which, regardless of the source of ignition, requires

shares of suppression;

qq) "Community Matters", all forest spaces owned and managed by

local communities;

rr) "Public Matters", all forest spaces owned or held by the State,

by the autonomous regions, by local authorities and by entities participated by

these;

ss) "Private Matters", all forest spaces belonging to private entities;

tt) "lumpy material", lumpy vegetable products obtained from trees and shrubs,

including firewood, rolaries, toros, poles and stakes, roots, left over-farm,

vegetable coal and branches and other entrenching materials;

uu) "non-woody material", the plant products obtained in forest spaces

including christmas trees, cork, tanning shells, casks to mulching and

substrates or fuel, fruits and seeds, ramages for ornamentation,

resins, aromatic plants, medicinal and condimentaries, mycological products and

melt and apicultural products;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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vv) "Minimum forestry operations", the interventions to prevent it from

elevate to critical levels the danger of occurrence and spread of fires and the

spread of pests, diseases and invasive non-indigenous species, increasing

the resistance and resilience of forest spaces;

xx) "Organizations of forest producers" or "OPF", the entities of nature

associative or cooperative, and which are aimed at the defence and promotion of the

interests of producers and forest owners and the development of shares

of preservation and enhancement of the forest spaces of its associates.

zz) "Pau batido", the type of slurry in which the entire surface of the overlap

explored for production of cork corresponds to the same year of extraction;

aaa) "forest perimeter", the set of land submitted to the forest scheme

partial constituting a unit of planning, held by one or more

entities;

bbb) "Pernada", the main ramifications and which are to be directly in the trunk of the

tree;

ccc) "Small overhead cores, of azinion or mists of these species", the

vegetable formations with area equal to or less than 0.5 ha and, in the case of structures

linear, those that have area greater than 0.5 ha and width equal to or less than 20

metres, where to check for the presence of overlaps or associated azinheiras or not

with each other or with other species, the density of which satisfies the minimum values

defined in the paragraph ggg) ;

ddd) "Poda de formation", the cutting operation of living branches, with the objectives of

guide the architecture of the canopus and the shape of the fuste;

eee) "Poda sanitary", the cutting operation of dead branches, or living evidencing

signs of illness or weakening;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 267 /X/4.

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fff) "Forest Settlement", the area occupied with forest species that fulfils the

criteria defined in the National Forest Inventory, including the stands

natural youths, the plantations and sowing, the seed orchards, nurseries

forest, the icebreakers and the shelter curtains;

ggg) "Population of over-iro, azinate or mixed of these species", the formation

vegetable with area of more than 0.5 ha and, in the case of linear structures, with width

greater than 20 metres, where there is a presence of overlaps or azinheiras,

associated with or not with each other or with other species, the density of which satisfies the

following minimum values:

i. 50 trees per hectare, in the case of trees with height of more than 1 m, which

do not reach 30 cm of perimeter at the height of the chest;

ii. 30 trees per hectare, when the average perimeter value at the height of the

breast of the trees of the species concerned is located between 30 cm and 79 cm;

iii. 20 trees per hectare, when the average perimeter value at the height of the

breast of the trees of the species concerned is located between 80 cm and 129 cm;

iv. 10 trees per hectare, when the average perimeter value at the height of the

breast of the trees of the species in question is equal to or greater than 130 cm;

hhh) "Continuous forest stands", the forest stands that dishave between

si less than 200 metres;

iii) "Very Low woody productivity", the land in which it is not possible to

driving of forest stands with woody productivity greater than three

m3/ha/ano of average annual addition;

jjj) "Owners and other forest producers", the owners, enjoy,

superficiaries, lessees, or who, on a legitimate basis, is a possessor or detains

the administration of the land that integrates forest spaces,

regardless of their legal nature;

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lll) "Rearborization", regeneration of forest covered by via want of regeneration

natural, with recourse to vegetative or seminal reproduction, either by way of

artificial regeneration, with recourse to plantation or artificial sowing;

mmm) "Forest resources", the goods from the forest spaces and other to

them associates, including wooly and non-woody vegetables, the kinetics and the

indoor water pistates;

nnn) "Primary network of fuel management strips", the set of tracks of

fuel management, from sub-regional level, delimiting compartments with

determined size, normally 500 a to 10000 ha, drawn

exquisitely to fulfill the function of decreased surface perracing

by large fires, allowing or facilitating a direct intervention of

combat in the front of fire or on its flanks;

ooo) "Silvopastoricia", the pastoryl activity exerted in the forest spaces;

ppp) "Talhadia", the regime in which the continuity of the settlement is guaranteed by the

harnessing of tote or root rivets;

qqq) "Toiça", the part of the tree that remains grasped to the ground after the slaughter;

rrr) "Varas or poles", the tote or root rivets explored in the talhadia regime;

sss) "Protection zone", for the purpose of the interventions in arvoredo of interest

public, as the area corresponding to the vertical coping projection of the copies

classified multiplied by the factor of 1.5, whenever no other is defined

to the effect.

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Title II

Forest policy

Article 3.

National forest policy

1-A national forest policy aims at the conservation and sustainable development of the

forests, their productive valorisation, the beneficiation of the associated natural systems,

the definition of associated management programs, the satisfaction of the needs of the

community in a framework of spatial planning, as well as strengthening

of the institutions of the sector.

2-A The national forest policy develops in the strategic frameworks established in the

National Strategy for Forests, in the Rural Development Programme, in the

National Programme of the Territory Planning Policy, as well as in the plans

special spatial planning and still with the policy instruments

environmental, nature conservation and biodiversity and land-use planning

territory.

Article 4.

Forest policy objectives

1-A The national forest policy pursues the following objectives:

a) To hold all citizens accountable for the conservation of forest spaces,

as a renewable natural resource, fundamental to the preservation of biodiversity

and strategic for the economic development of the country, in diversity and

nature of the goods and services it provides;

b) Promoting and ensuring the sustainable development of forest spaces and the

set of the activities of the forest row, based on products and management

certificates;

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c) To ensure the use and management of forest spaces in accordance with policies and

development priorities, harmonized with the guidelines

internationally accepted and articulated with the sectoral policies of scope

agricultural, environmental, land use planning, industrial and fiscal;

d) Ensure the sustainable management of forest spaces and associated resources such as the

water resources, soil, air, fauna and flora, promoting the harmonisation of

multiple roles that they play and safeguard their aspects

landscapes, recreation, scientific and cultural, in a framework of development

territorial and socio-economic integrated so as to respond to the needs of the

present and future generations;

e) Improving the yield of forest and agro-forestry farms by optimizing the

use of the productive potential of forest spaces and resources, contributing

for combating the depopulation of rural territories;

f) To promote the professional management of the national forest heritage, namely

through land use planning and the dynamisation of the creation of

management units with scale, and of support for forest associativism;

g) To ensure the contribution of forest spaces in the maintenance of biodiversity,

in the safeguarding of water resources, in soil conservation, in the improvement of the

quality of air and in combating desertification;

h) To ensure the protection of forest formations of special ecological importance and

fragility, notably the mountain areas, the dunar systems, the

hamlets of kerniasses and riparian mats;

i) To ensure the protection of the forest against biotic and abiotic agents, in

particular against forest fires, pests and diseases and species

invasive;

j) To promote scientific research and technological development applied to the

forest domain.

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2-It is up to the State to support forest development and to define regulatory standards of the

fruition of forest resources, in harmony and with the active participation of the entities

producers and users of the goods and services of forest spaces.

Article 5.

Forest Administration

1-A National Forest Authority (AFN) is the entity responsible for the forest sector and

by the implementation of the national forest policy.

2-It Is Incumbent on the AFN to collaborate on the definition of forest policy measures, to ensure its

execution, normalize, scrutinize and inform the activity of the interventing agents, well

how to compatibly with the various interests in presence.

3-A management of forest spaces under the jurisdiction of the State, with the exception of spaces

forest under jurisdiction of the Institute of Conservation of Nature and Biodiversity

(ICNB, I. P.), it is up to the AFN, directly or in other ways that prove to be

suitable.

Article 6.

Instruments of implementation of the policy

1-A national forest policy comprises a set of programmatic instruments

of planning, management of forest spaces, definition of the incidences of the

forest regime in the territory, of protection of the forest heritage, of valorisation of the

wildlife resources, of fomenting, of regulation of forest activity and of management of

information from forest resources.

2-For implementation of national forest policy are defined and implemented the following

types of instruments:

a) Of forest planning;

b) Of planning and management of forest spaces;

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c) Of protection of forestry heritage;

d) Of valorisation of forest resources;

e) Of support for the implementation of forest policy.

3-In addition to the instruments referred to in the preceding paragraph and provided for in the present

Code can be created by diploma own other instruments of nature

analogous, which aim at the pursuit of the objectives set out in forest policy

national.

Article 7.

National Strategy for Forests

1-A National Strategy for Forests (ENF) constitutes the reference document

strategic of the sector, long-term, and guidance for sector-level plans

regional and for special forest plans of national or regional scope.

2-A ENF is a sectoral plan, pursuant to the legal regime of the instruments of

territorial management, which is grounded in the basic and guiding documents of the Union

European and other international organizations and which develops the general principles

of national forest policy and the National Programme of the Policy on Planning

Territory.

3-A ENF is approved by resolution of council of ministers.

Title III

Forest planning

Article 8.

Forest planning instruments

They are considered as forest planning tools the planning plans, of

management and intervention of forest scope.

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Article 9.

Forest planning

1-Forest planning constitutes the continuous process of decisions and actions on

alternative ways to use and conserve forest spaces and resources targeting

achieve the medium-and long-term goals set out in the policies and strategies

national.

2-The forest planning system integrates four distinct planning levels:

a) National level, of strategic reference;

b) Regional level, of sector orientation;

c) A local level and framing of forest management;

d) An operational and response level to specific constraints of management

local forest.

3-A elaboration of the national and regional level plans as well as the plans and

special national scope programs compete with the AFN.

Article 10.

Plans for planning, management and forest intervention

1-Forest scope planning, management and intervention plans are

consisting of regional forest planning plans (PROF), management plans

forest (PGF) and by the specific forest intervention plans (PEIF) and its

Regime is contained in special legislation.

2-The PEIF pertaining to the defence of the forest can suit, yet, the district reality.

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Article 11.

Special plans and programs

Special plans and programmes aim at concerted action and the broad framework

of different entities in the face of specific problems, particularly those concerning defence

of the forest, the harnessing of wildlife resources and the development of rows,

vigorating for the period deemed necessary.

Title IV

Management of forest spaces

CHAPTER I

Forest management

Article 12.

Forest management

Forest management encompasses the set of planning and implementation processes of

practices of administration and use of forest resources, consistently and

balanced, aiming at the pursuit of certain environmental, economic objectives,

social and cultural.

Article 13.

Compulsory forest management

1-A The elaboration and implementation of PGF is mandatory for the following cases:

a) Public and community forest and agro-forestry explorations;

b) Private forest and agro-forestry holdings of a size equal to or greater than

defined in the respective PROF;

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c) Forest and agro-forestry holdings, the subject of application for national funds

or community intended for forest benefit and valorisation, productive and

commercial;

d) Forest Intervention Zones, under the terms set out in own legislation;

2-In addition to the cases provided for in the preceding paragraph, the elaboration and implementation of PGF is

still mandatory for the installation and maintenance of perimeter shelter curtains of

rega and for the establishment or beneficiation of areas of overlapping stands,

azinheira or mixed of these species, in the framework of compensatory measures of the cutting of

overs and azinheiras.

3-The technical development of the drafting and implementation of PGF is listed in legislation

special.

4-Forest owners and producers stay obliged in their forest holdings

and agro-forestry to the implementation of the minimum forestry operations.

5-The minimum forestry operations referred to in the preceding paragraph shall be determined by

would portend from the member of the Government responsible for forests, taking into account the

established in the PROF.

Article 14.

Management of forest stands

Without prejudice to the provisions of regional forest planning plans, the standards

techniques associated with the management of forest stands are determined by porterie of the

member of the Government responsible for the area of forests.

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Article 15.

Forestry practices and forest management

1-Forest owners and producers must compulsorily comply with the practices

of forestry and sustainable forest management in the exploitation and use of resources

wildflowers.

2-Economic operators directly associated with operating activities

forest are responsible for compliance with forest exploitation practices, in

particular of woody, subericultural and fruit-growing resources.

3-The practice manual of forestry and forest management is drawn up by the AFN, heard the

ICNB, I. P.

4-Economic operators must report to the municipal chamber of the area of

intervention all forest exploration activities and the foreseeable time of

Same.

CHAPTER II

Operations in forest spaces

Article 16.

Instruments of operation of forest spaces

They are considered to be instruments of operation of forest spaces:

a) The forestry operations provided for in the management plans and forestry operations

lows;

b) The general rules of cuts;

c) The measures for planning of forest spaces travelled by fires;

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d) The rules of arborization and rearborization with fast forest species

growth;

Article 17.

Authorization and communication of cuts

1-With the exception of cases where it is necessary to obtain permission, under the terms of

special legislation or special planning of land use planning, the court or

arvoreed start-up is subject to:

a) Communication to the AFN, for the operations that are provided for in PGF

approved, regardless of the interventional area;

b) Authorization of AFN, for operations that are not provided for in PGF

approved and provided that incidents over areas in excess of five hectares, including

the premature cuts of pine-bravo and eucalyptus.

2-The extraordinary cuts of arvoredo are only subject to communication to the

AFN, regardless of the affected area.

3-In the classified areas, the authorisation referred to in point b) of paragraph 1 is found

subject to the opinion of the ICNB, I. P.

4-Except for the provisions of this article the intervention in arvored of interest

public and in overlaps and azinheiras, which follow the provisions of Articles 41 and 45.

5-Technical parameters are determined by porterie of the member of the Government

responsible for the area of forests.

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Article 18.

Statistical information on markets

1-A AFN maintains a statistical information system on purchase of material

woody and non-woody that is fearless to industrial transformation, domestic consumption,

dispatch to the autonomous regions, intra-community movement or export to

third countries.

2-The system referred to in the preceding paragraph is voluntary participation and concretizes itself by

agreement between the AFN and the economic operators.

3-It is guaranteed the confidentiality of the data, the sending of which is provided in the figures

previous, being these used exclusively for statistical purposes.

Article 19.

Forest inventory

1-A AFN is responsible for the maintenance of an up-to-date forest inventory that

allow for detailed knowledge of national forest resources.

2-The technical standards of drafting the national forest inventory and its

public provision is determined by AFN regulation homologated by the

member of the Government responsible for the area of forests.

CHAPTER III

Landscaping of forest spaces travelled by fires

Article 20.

Forest spaces travelled by fires

The planning and recovery of forest spaces travelled by fires

involve, in particular:

a) The implementation of emergency and rehabilitation stabilization actions, of short and

medium deadlines;

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b) The implementation of structural, long term recovery actions.

Article 21.

Emergency stabilization and rehabilitation

1-Emergency and rehabilitation stabilization actions are the responsibility of the

owners and forest producers.

2-They find themselves excepted from the previous number, the stabilization actions of

emergency and rehabilitation which, by the existence of natural resources and infrastructure

of particular relevance or strategic value, involve the intervention of the services

competent public.

3-In the case of forest owners and producers do not carry out the actions of

emergence and rehabilitation of your responsibility these are implemented 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 good practice manual

in the recovery of arched areas drawn up by the AFN.

Article 22.

Use of the soil travelled by fires

1-Without prejudice to the provisions of Article 47, in the forest spaces travelled by

fires, on rural soil, during the period of 15 years from the date of occurrence

of the fire, may not be altered, revised or suspended the provisions of the plans

municipal land-use planning or drawing up new tools from

territorial planning leading to the increase of the urbanizable surface area or the

uplift in these spaces with respect to the provisions in the instruments in force at the date

of the fire.

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2-A prohibition referred to in the preceding paragraph may only be lifted upon dispatch

set of the members of the Government responsible for the areas of forests, of the

environment and spatial planning and local administration, the requirement of the

respective municipal chamber presented within one year after the date of the

occurrence of the fire, or at all time in the case of actions of general interest.

3-The procedure provided for in the preceding paragraph cannot be developed without being

finalized all investigative procedures on the grounds and causes of

fires to be developed by the forces and security services.

4-The practice of pastoraise in the wooded forest spaces travelled by

fires or in the integrated forest spaces in classified areas whose recovery

be negatively affected by this activity, for the period of five years from the

date of occurrence.

5-The application referred to in paragraph 2 shall be directed to the member of the Government responsible for the

land use planning area, and it should be instructed with a location plant at

scale of 1:25000, with the area rounded properly demarcated and with report from the

Republican National Guard (GNR) on the motives and causes of the fire.

6-Municipal planning plans of the territory must compulsorily

identify the areas of forest stands, ranking the respective stains of

agreement with the criteria set out in Articles 5 and 7 and following of the Decree-Law n.

124/2006, of June 28, as amended by Decree-Law No. 17/2009 of January 14 and

in the respective regional forest planning plan.

7-The territorial management instruments referred to in the preceding paragraph shall establish

fire prevention measures in forest areas, in accordance with the

provisions of the Decree-Law No. 124/2006 of June 28, as amended by the Decree-Law No

17/2009, of January 14 and in the respective regional forest planning plan.

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Article 23.

Structural recovery

1-The owner or forest producer of wooded forest spaces travelled by

forest fires is obliged to promote the harnessing of natural regeneration or

to carry out its rearborisation, on rural soil, except in cases where:

a) Be provided for another use of the soil other than forest, in instrument of

forest management approved or in instrument of territorial management;

b) Land is earmarked for agricultural or silvopastoril activities, in scope

of the primary networks of fuel management tracks, provided for in plan headquarters

district defence of forest fire;

c) The grounds are located in very low woody productivity stations and the

forest does not constitute there a fundamental resource for the satisfaction of others

functions, specifically of protection, of the conservation of species or habitats or

of recreation and landscaping;

d) The owner or forest producer proves to be in the AFN, within three

months counted from the date of extinguishing the fire, the economic failure to

perform the rearborization operations, or whenever the deadline and conditions

contractual associates associated with forest or agro-forestry exploitation do not allow it

do in an economically advantageous way;

e) In the protected areas, land has potential value for the occurrence of

habitats and protected species.

2-The rearborisation actions of forest spaces travelled by fires must,

regardless of the areas in question, be preceded by:

a) Authorization of the AFN, when it deals with changing the composition of the stands

preexisting;

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b) Communication to the AFN, when it is concerned to repose the composition of the stands

preexisting or when the change in composition is planned in PGF

approved.

3-No change in composition in arched stands dominated by

indigenous species or in riparian galleries, specifically in viduals, carvalhais,

zambujais, freixials, amials, salgueirals, olmedos, chouparents and, still, in soutos, castinçais

and nogueirals.

4-A replacement of any type of forest settlement arched by stands

dominated by fast-growing species explored in short revolutions must,

cumulatively, comply with the following requirements:

a) Integrate into the guidelines and zonaments established in regional plan headquarters

of forest planning;

b) Do not affect existing classified natural values;

c) Be provided for in approved PGF.

5-A change in composition in overlapping and azinan stands affected by fire

is only permitted when they meet, cumulatively, the following conditions:

a) They constitute unrecoverable and unadapted stands at the station, specifically

with respect to potential natural vegetation, and with subericultural productivity

very low;

b) They do not possess high value for conservation and how not such a surging

identified in instruments of territorial management of classified areas;

c) The amendment is planned in approved PGF headquarters that ensures,

simultaneously, the existence of another or other species and, or, forest functions

better adapted to the characteristics of the station and the non-decrease of the surface

total occupied by overlapping or azinan stands.

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6-In the classified areas, the authorisation referred to in paragraph a) of paragraph 2 lacks the opinion of the

ICNB, I. P.

CHAPTER IV

Fast-growing forest species

Article 24.

Arborization and rearborization with fast-growing species

1-Arborization and rearborization actions with recourse to fast forest species

growth explored in short revolutions, are conditioned the authorization of the

AFN.

2-The provisions of the preceding paragraph shall apply only to actions involving areas

higher than 10 ha, considering for this limit the inclusion of stands

preexisting of the same species, in continuity in the same building or in buildings

distinct, included or not in the same forest or agro-forestry farm.

3-A The authorisation of the shares involving areas of less than 10 ha is the competence of the

municipal chambers.

4-A gradual introduction, foot afoot or by smear stains of the mentioned species

in paragraph 1 in forest stands already constituted by other species, it is also

subject to the authorization of the AFN, where it is found that the global area of the

affected settlements is higher than the limit set out in paragraph 2.

5-In the classified areas, the authorisation referred to in paragraphs 1 and 3 lacks the opinion of the

ICNB, I. P.

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6-The authorisation procedures for the arborization and rearborization actions with

resource to fast-growing forest species explored in short revolutions, from

agreement with the provisions of the PROF, they are determined by poration of the member of the

Government responsible for the area of forests.

CHAPTER V

Forest intervention zones

Article 25.

Forest intervention zones

1-Forest intervention areas or ZIF are continuous and delineated territorial areas,

consisting mostly of forest spaces, submitted to a management plan

forest and a specific plan for forest intervention and managed by a single

entity.

2-The regime for the creation of forest intervention zones, as well as the rules of its

operation and extinction are contained in special legislation.

Title V

Forest regime

Article 26.

Concept of the forest regime

The forest regime is the set of incidences and special rules of management of spaces

forest, applied to demarcated territories with the aim of safeguarding resources

present in sensitive forest areas, public or private investments or framing

territorial interventions, ensuring the defense of the public interest.

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Article 27.

Objectives of the forest scheme

The forest scheme aims, for the land where it is applied:

a) The compulsory maintenance of forest uses, ensuring their stay in the

very long term;

b) The magnification, management and defence of forest stands, in the framework of the various

functionalities of forest spaces;

c) The valorisation of woody, pascious, cinegetic and other resources

silvestres, safeguarding the public interest in their harnessing and

marketing;

d) The priority application of measures for surveying and predial identification and

surveillance and surveillance;

e) Ensure priority access to public supports.

Article 28.

Typologies of forest regime

1-The forest regime may be of the following types:

a) Total forest regime;

b) Partial forest regime;

c) Special forest regime.

2-All public and community mats consider themselves to be submitted to the forest scheme

total or partial.

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3-Forest and agro-forestry holdings declared lost in favour of the State are

submitted to the total forest regime, in an automatic way, from transit in

trial of the sentence, and provided that the forest stands that make them up

have continuous area of more than 10 ha.

Article 29.

Total forest regime

1-Are specific objectives of the total forest regime:

a) The protection of the soil, in particular in the littoral and mountain areas;

b) The protection of river basins and the conservation of water resources;

c) The conservation of classified natural values;

d) The safeguarding of formations of particular historical, botanical or scientific interest;

e) The valorisation of recreation and landscape in sensitive forest areas;

f) The framework for special infrastructures.

2-The total forest regime includes the high value forest spaces for protection

of soil and water resources, habitats and protected species, recreation and the

landscape, namely:

a) Littoral mats, from protection to dunes, arribas and harbours;

b) Matures of high botanical, landscaping, cultural and scientific value;

c) Recreational and framing mats of regional or supra-municipality size;

d) Mats included in full protection areas and targeted protection zones, in the

terms of the legal regime for the conservation of nature and biodiversity;

e) Framing mats to special infrastructures, specifically of fomenting

hydroagricultural, dams and their respective albufairs, prisional and military.

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3-The total forest regime comprises the forest properties of the State and those which

come to belong to free or onerous title.

4-A management of forest spaces submitted to the total forest scheme, by the requirement of the

maintenance of the forest cover and the sensitivity of the protective functions,

conservation and recreation that are associated with them, privileges physical exploitability and

social economic exploitability of forest stands.

5-Can be subjected to the total forest regime the forest spaces included in the

partial forest regime that assemble the characteristics provided for in paragraph 2 by

proposal of the AFN, or the ICNB, I. P., should they find themselves inserted in protected areas,

and opinion favorable of the National Forest Council.

6-In the cases provided for in the preceding paragraph, the respective municipality is still heard.

7-Compete to the State to promote sustained increase in area submitted to the scheme

total forest.

Article 30.

Partial forest regime

1-Are specific objectives of the partial forest regime:

a) The combating of erosion and the decrease in susceptibility to desertification;

b) The conservation of classified natural values;

c) The valorisation of productive potential, above all in medium forest systems

and slow growth;

d) The silvopastoril planning in the mountain areas

2-They find themselves subjected to partial forest regime the forest spaces whose management if

subordinates to certain purposes of public utility, specifically:

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a) Water basins protection and resource conservation mats

water, as well as protective mats for estuaries and albufairs, ponds and lakes

of public waters;

b) Conservation mats of species and classified habitats;

c) Mats of high productive value, in mountain regions;

d) Mats in regions of high susceptibility to desertification;

e) Mats in spaces of protection to safety facilities.

3-A The management of forest spaces submitted to the partial forest scheme, by its

moderate ecological sensitivity and greater productive potential, can be conducted

second models of exploitability that meets the economic interests of their

owners.

4-The partial forest regime comprises all the baldious land, when filled the

conditions laid down in paragraph 2.

5-Can be included in the partial forest regime the forest properties held by

municipalities, public institutes and companies in the business sector of the state whose

characteristics advises him, upon joint proposal of the respective manager and the

AFN and opinion favorable of the National Forest Council.

Article 31.

Special forest regime

1-Are specific objectives of the special forest regime:

a) The valorisation of private forest resources;

b) The safeguarding of investments made using public grants.

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2-The special forest regime comprises:

a) Private forest spaces, whose owners, voluntarily request the

submission;

b) Community forest spaces not inserted in forest perimeter, whose

baldian administration bodies voluntarily request submission;

c) Forest spaces, not included in the total or partial forest regime, which

benefit from public supports for the constitution or beneficiation of

forest stands.

3-The land referred to in paragraph c) of the previous number hold the submission to the regime

forest for the period of time set out in the framework of contracts between the

beneficiary and the state.

4-A Submission of the territories provided for in the paragraph b ) of paragraph 2 does not preclude its submission

future to the partial forest regime, should there be any conditions of public utility that

the justices.

Article 32.

Submission and misallocation of land

1-A submission of land to the total and partial forest regime, as well as its

misallocation, is determined by porterie of the members of the Government responsible for the

areas of forests, the environment, spatial planning and administration

place, and of the member of the Government with the tutelage of the infrastructure referred to in the e)

of Article 29 (2) in the case of submission of these, of which it is listed in annex a

cartographic information with the delimitation of the area.

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2-A The misallocation of land submitted to the total forest scheme is conditional on the

submission of an area equal to the disaffected area multiplied by a factor of two.

3-A misallocation of land submitted to the partial forest scheme, belonging to the

State or local administration is conditioned on the submission of an area equal to the area

disaffected multiplied by a factor of 1.5.

4-A submission to the forest regime of forest spaces referred to in para. c) of paragraph 2 of the

article 31 it operates with the conclusion of contracts between the beneficiaries and the State.

5-A misallocation of the forest spaces referred to in the c) of Article 31 (2)

operates with the cessation of contracts between the beneficiaries and the State.

6-A AFN is responsible for the matrix registration of the burden arising from the submission to the

forest regime.

Article 33.

Marking of land

1-Forest spaces submitted to the forest regime are marked on the territory in the

period of 12 months from the date of publication the submission of submission to the scheme

forest.

2-The technical marking standards provided for in the preceding paragraph are defined by

regulation of AFN approved by the member of the Government responsible for the area

of the forests.

Article 34.

Planning and management

1-All forest spaces submitted to the forest regime, regardless of their

area, are found to be subject to PGF under the specific legislation.

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2-All forest spaces submitted to the forest scheme and managed by the State are

considered, in the management instruments of the AFN and the ICNB, I. P., as centres of

autonomous costs.

Article 35.

Valuation of resources

1-A The exploitation of the lumpy and under-growing material in the territories submitted to the scheme

forest takes place in accordance with the actions approved under the PGF.

2-A The exploitation of the woody material allows for the realization of ordinary cuts and cuts

extraordinary, which distinguish themselves as a function of their prediction or non-prediction in the

PGF.

3-A exploration of woody and suberless material in the territories submitted to the scheme

total and partial forest comprises the following set of procedures:

a) Of evaluation of the material to be valued;

b) Of marking the material or delimitation of the areas to be submitted to the court, in the case

of lumpy material;

c) Of marketing of the lumpy and under-growing material;

d) Of extraction and transport;

e) Of verification of the cutting operations, in harmony with the marking carried out and

with the conditions of sale.

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Article 36.

Maintenance of the use of soil and forest stands

Forest management plans for land submitted to the forest scheme guarantee,

mandatorily, the maintenance of forest use of soil and the conservation of levels

adequate forest cover, in accordance with the objectives set out in the PROF, in

articulation with the special and municipal planning plans.

Article 37.

Access and circulation

1-Forest communication routes in the land submitted to the forest regime that do not

constitute the public access of settlements or particular property may be

open to public transit, in accordance with its characteristics and with the guidelines

established in the PGF and the special legislation applicable to the defence of the forest against

fires.

2-The conditioning of access and movement in the vivid network of forest spaces

subjected to the forest regime is the subject of signalling.

3-The standards for conditioning the access, circulation and signalling referred to us

previous figures are determined by porterie of the member of the Government

responsible for the area of forests.

Article 38.

Application and surveillance of the forest scheme

In the scope of the implementation of the forest scheme it is up to

a) To the AFN, ensure the application of the submission procedures, management and

misallocation of the forest regime;

b) To the owners and holders of the legitimate title of the forest spaces submitted

to the forest regime, ensure its administration and surveillance;

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c) To GNR and the remaining security forces with intervention in the forest spaces,

the surveillance and policing of land submitted to the forest regime;

d) To forest resource guards, forest sappers and vigilantes of the

nature in the areas subject to the forest regime under management of the ICNB, I. P., ancillary

the security forces in the surveillance actions provided for in the preceding paragraph.

Title VI

Protection of silviglue heritage

Article 39.

Instruments for protection of forestry heritage

They are considered instruments of protection of the forestry heritage:

a) Measures relating to the arvoredo of public interest;

b) Special scheme for the protection of indigenous species, particularly of the overlap and

of the azinion;

c) Measures for the protection of inches of rega;

d) Rules of forest defence against biotic and abiotic agents.

CHAPTER I

Arvoredo of public interest

Article 40.

Classification of the arvoredo of public interest

1-A The inventoration and classification of the arvoredo of public interest are from the

responsibility of the AFN.

2-A classification of arvoreans of public interest may be proposed:

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a) By the owners of the arvoredo;

b) By local authorities;

c) By OPF or managing entities of forest spaces;

d) By non-governmental organizations of the environment;

e) By movements of citizens.

3-A classification of arvoredo of public interest takes the form of dispatch of the

President of the AFN.

4-The classification criteria and the procedures for instruction and communication are

determined by porterie of the members of the Government responsible for the areas of

forests and the environment and conservation of nature.

5-Where the classification proposal is submitted by the entities referred to in the

points b ), c) , d) and e) of paragraph 2, the owners of the arvoredo are compulsorily

ears.

Article 41.

Interventions in arvoredo of public interest

1-Are prohibited any interventions that could destroy or damage the arvored of

public interest, specifically:

a) The cutting of the trunk, branches or roots;

b) The removal of land or other type of excavation, in the protection zone;

c) The deposit of materials, whatever their nature, and the burning of debris or

other combustible products, as well as the use of phytotoxic products, in the

protection zone;

d) Any operation that can cause damage, mutile, deteriore or harm the

vegetative state of the sorted copies.

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2-A The maintenance and conservation of the arvoredo of public interest are the responsibility

of their owners, making available AFN the necessary technical support.

3-All arvoreed beneficiation operations, including cutting, desramming, poda

of training or sanitary, or any other kind of benfeits to the arvoredo, lack

of authorization from the AFN.

4-The internal procedures relating to the authorisation for the intervention in arvored of

public interest are determined by dispatching from the AFN president.

Article 42.

Registration of the arvoredo of public interest

1-The national register of the arvoredo of public interest, consisting of all the

exemplars as such classified by the AFN, is created in the national system of

information from forest resources (SNIRF).

2-A AFN is responsible for the annual maintenance and updating of the national register, well

as for your advertiness.

CHAPTER II

Protection of indigenous species

SECTION I

Protection of the overiro and the azinion

Article 43.

Safeguarding of the overlapping and azinan stands

1-The holders of overlapping, azinate or mixed population of these species are

responsible for their maintenance in good vegetative conditions, through a

active management and a correct operation.

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2-In the cases of manifest abandonment of the stands, or of lack of interventions

cultural for prolonged periods that may lead to their degradation or even

pervate, the AFN notifies its holders to carry out the shares

conducive to a correct maintenance of them.

3-A AFN will articulate with the structures representative of the interests of the owners

of overhead or azinion stands with a view to promoting a correct

management of the same.

4-Any operation that mutile or damages exemplars of overlap or

azinheira, as well as any actions leading to its peration or evident

depreciation, notably the pods executed with failure to comply with the

article 49 and the discoursing actions that prove damage to the entrecasco.

Article 44.

Conversions

1-In overlapping, azinion or mixed-tree stands of these species are not

allowed conversions.

2-Constitutes exception to the one set out in the preceding paragraph the conversions that:

a) Aim at the realization of endeavors of necessary public utility, such as

such declared;

b) Aim at the realization of agricultural ventures with relevant and sustainable

interest for the local economy, with the conditioners set out in paragraph 4 of the

article 45 and in Article 112;

c) Aim at the amendment of the scheme for talhadia;

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d) They constitute unrecoverable and unadapted stands at the station, specifically

with respect to the edafo-climatic conditions suitable to the species and its area of

natural distribution, or with very low subericultural productivity.

Article 45.

Cut or start

1-The cutting or starter of overlaps and azinheiras, in settlement or any other

cover situation, lacks authorization, and may be permitted in the following

situations:

a) In debasement, with a view to the productive improvement of the stands and if it does not exist

a PGF approved by the AFN;

b) In conversion cuts to the conditions admitted to in paragraph 2 of the preceding Article;

c) In extraordinary cuts, for phytosanitary reasons, in cases where the

characteristics of the biotic agent justifying it;

d) Where it is not to be protected from overhead stands, from azinheira

or mixed, or of small nuclei.

2-The cutting or start-up authorizations provided for in the preceding paragraph compete with the AFN,

without prejudice to the presentation of the declarations of necessary public utility or

relevant and sustainable interest for the local economy, when the nature of the cuts

or scratches display them.

3-Caring only prior communication to the AFN the cuts in debasing provided for in

approved forest management plans.

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4-The necessary cuts to the agricultural ventures referred to in the b) of paragraph 2 of the

previous article can only be authorized when they gather, cumulatively, the

following conditions:

a) The area subject to cutting does not exceed the lowest value between 10% of the surface of the

exploration occupied by overlapping, azinate or mixed stands of these

species or 20 ha, limit this which should account for previous cuts carried out

after January 1997 and stay valid in the case of transmission or division of the

property;

b) Check a correct management and a good vegetative and sanitary state of the

remaining area occupied by stands of any of the species.

5-The areas subject to court referred to in the preceding paragraph may not be disaffected

of agricultural use for 30 years, except in the cases of rearborization with

overhead, azinan or mixed stands of these species.

6-A AFN may, provided that in a duly substantiated manner, change the criterion and the

intensity of the cuts or scratches or delay its execution.

7-On land in which there has occurred court or illegal start-up in settlement of

superiro or azinheira is prohibited, by the time of 30 years from the date of the cut or

start:

a) Any and all conversion that is not recognised as indispensable

public utility;

b) The introduction of changes to the morphology of soil or vegetable covered;

c) The establishment of any new activities, specifically agricultural,

industrial or touristic.

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8-In cases where illegal cutting or start-up has occurred in overlapping settlement

and azinheira, the AFN determines the rearborization or beneficiation of the affected area with the

previously existing species, still determining the time limit, which cannot exceed

Two years, and the conditions of rearborization and beneficiation.

9-Within the scope of the operations provided for in the preceding paragraph, the AFN may replace the

owner of the settlement, constituting the expenses arising from the operations a

charge of this.

10-A The lack of payment of the expenses referred to in the preceding paragraph determines the collection

coercion of the corresponding credit in the process of tax enforcement.

11-In any circumstance of cutting or starting is mandatory the prior kick-off of the

trees to be culted with indelible ink and in a visible way, at the height of the chest, and, in the case of the

conversion cuts, only the waisting of the overlaps that delimit the

area to convert.

12-The small nuclei apply all the constraints relating to the

stands.

13-The procedures for authorisation and prior communication of the court or start-up of

overs are determined by portaria of the member of the Government responsible for the

area of forests.

Article 46.

Maintenance of the area of overlap and azinion

1-A AFN condones the cutting permit provided for in Article 45 (1) and (2),

mandating as compensatory form, specific measures for the constitution of

new areas of settlement or beneficiation of existing areas, properly managed,

expressed in area, in number of trees, or both.

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2-A constitution of new areas of overlaps or azinheiras or the beneficiation of areas

preexisting should take place in rustic buildings with eddy-climatic conditions

suitable to the species and its area of natural distribution, and to cover an area equal to the

affected by the cut or start multiplied of a factor of 1.5.

3-For the purposes of the provisions of paragraph 1, the promoter entity, by you or by third entity,

must present a PGF for the new areas of settlement or for the areas to

benefit, and the constitution of bank guarantee may still be required, in favour of the

AFN, with the aim of ensuring compliance with the measures provided for therein.

4-A promoter entity, by itself or by third entity, is obliged to ensure the

project management approved during the time provided for in the respective PGF, even in the

case of transmission or division of the property.

5-A AFN is responsible for the enrollment of the burden provided for in this article, in the

respective matrix registrations.

Article 47.

Inhibition of alteration of land use

They shall be vetted for a period of 30 years any changes in the use of the soil and

composition of forest spaces in areas occupied by overlapping stands or

azinheira and have suffered conversions by:

a) Have been travelled by fire, without prejudice to the remaining provisions

provided for in this Code;

b) Any unauthorized cuts or scratches have been carried out;

c) Having occurred abnormal mortality or depreciation of the arvoredo in consequence

of actions or interventions by any harmful form that determined the

degradation of vegetative or sanitary conditions of the settlement.

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Article 48.

Regime of talhadia

1-A AFN may authorize the exploitation of overlaps and azinheiras in a talhadia regime,

whenever you consider advising this form of exploitation.

2-The cutting of the sticks or polas or the extraction of the cork are authorised by the AFN, having

into account the potentialities of the station.

Article 49.

Cultural operations

1-Overcoming and azinate stands are prohibited the following practices and

cultural operations:

a) Overhead buoys whose perimeter of the trunk, measured over the cork, at 1.30 m

of the soil, be less than 70 cm, with the exception of the overlens exploited in regime

of talhadia, if immediately followed by cutting of sticks or starter of toyces;

b) Extraction of cork at a height which, measured along the fuste and the pernades,

exceeds the following multiples of the perimeter of the trunk, measured over cork, the

1.30 m from the ground:

i) Twice, in the case of trees producing only virgin cork;

ii) Two and a half times, in the case of trees already producing drunkenness but

still not from amadia;

iii) Three times, in the case of trees already producing amadia.

c) Extraction of cork in fuss and pernades and brafts whose perimeter, measured over

the cork at the upper limit of the discoursing, is less than 70 cm;

d) Extraction of amadia cork or druniler with less than nine years of creation;

e) Exploration in meds, starting in the year 2040;

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f) Carry out pods in the two seasons leading up to the year of uncoriation, or in the

two following seasons, on the overs explored on beaten stick;

g) Soil mobilizations and operations that affect the radicular system,

in particular those referred to in Article 62.

2-The increases in the untiling height have to be carried out in the year of the extraction

of the drunken cork or nearest amadia or in the year leading up to this extraction.

3-Exceptionally and upon reasoned application from which to const the indication

of the area of intervention and the number of trees to be uncortiating, can the AFN authorize the

extraction of cork:

a) With eight years of creation, to make the planning of the exploitation of the

cork, namely the afflation of the tirages and the suppression of meatings;

b) With eight or seven years of creation, as long as you check all the conditions

provided for in technical standard drawn up by the AFN and are presented to this

body, accompanying the application, evidence of the required conditions,

attested by recognized laboratory;

c) With any age, in the case of overlours affected by fire, after

verification of your recovery.

4-A authorisation relating to paragraph (c) of the preceding paragraph may contemplate extraction

partial cork in each tree, conditioned to the presentation of the operative plan of the

taken that ensures the suppression of meths by 2030, which must be approved by the AFN.

5-In the act of extraction it is obligatory to inscribe, with indelible ink and in a visible way,

on the explored surface of the overs, from the digit of the units of the year of the tirage

of the cork and, in the case that the extraction occurs in stains or leaves, it is only mandatory

the inscription on the overlours that delimit them.

6-A poda of overlaps and azinheiras lacks AFN clearance, only being allowed

when it aims to improve its productive characteristics.

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7-The procedures for extraordinary authorisation of cork extraction, as well as the

of superb and azinheire pods are determined by porterie of the member of the Government

responsible for the area of forests.

Article 50.

Provisional measures

The AFN may provisionally seize the goods used in the operations or interventions

in areas occupied by overlapping or azinan stands, or by isolated exemplars

of these species, carried out in disregard of this Code and adopt the measures

intended to make cessation of ilicitude.

Article 51.

Embargo

1-A AFN may embark, under the terms of the paragraph b) of Article 13º of the Decree-Law No

159/2008, of August 8 and of the b) of Article 348 (1) of the Criminal Code,

any ongoing actions that are being carried out with failure to comply with the

determinations expressed in this Code.

2-In the cases provided for in the preceding paragraph, the hearing of those concerned shall not take place.

Article 52.

Application in the classified areas

1-In the protected areas covered by the legal regime for the conservation of the

nature and biodiversity and supplementary legislation the skills provided in the

this section allocated to the member of the Government responsible for the area of forests

are exerted by the member of the Government responsible for the area of the environment.

2-The authorisations provided for in this section are the competence of the ICNB, I. P., in the

protected areas, after appearing from the AFN.

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3-The authorizations referred to in the preceding paragraph shall be communicated to the AFN on the date of

notification to the person concerned.

4-The remaining classified areas do not apply the provisions of the preceding paragraphs,

careening of the opinion of the ICNB, I. P., the exercise of the competences provided for in paragraph 2 of the

article 45 para.

Article 53.

Prevalence of the protection legislation of the overiro and the azinion

The provisions contained in this Section shall prevail over regulations or

any constant standards of territorial management instruments.

SECTION II

Protection of other indigenous forest species

Article 54.

Protection of other indigenous forest species

1-A protection of indigenous species is aimed at the safeguarding of the indigenous forest

portuguese, of species and classified habitats, and mats with high ecological value.

2-The protection regime of other indigenous species, in addition to those referred to in

this Code, is defined in own legislation.

CHAPTER III

Protection of cultural heritage

Article 55.

Protection of cultural heritage

1-They are especially responsible for the protection of cultural heritage in spaces

forest the forest owners and producers, as well as local authorities.

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2-A selection of forestry operations and methods of preparation of the field and infrastructure

structuring observes the regime for the protection and enhancement of cultural heritage, and

respective development legislation, so as to protect, conserve and, if possible,

value cultural heritage, specifically archaeological assets.

3-Without prejudice to the regime of protection and enhancement of cultural heritage, and respective

development legislation, the framework-specific forestry standards and

protection of cultural heritage are determined by joint poration of the members

of the Government responsible for the areas of forests, local administration and culture.

CHAPTER IV

Protection of dunes and inches of rega

Article 56.

Installation of shelter curtains

1-A installation of forest stands that functions as shelter curtains against the

action of the winds and the arborisation and fixing of dunes, in the scope of protection to

perimeters of rega and other works of beneficiation and agricultural infrastructure of

public initiative, is incumbent on the state.

2-Within the scope of the protection to the perimeters of rega, the installation of the stands referred to

in the preceding paragraph is executed by the national authority of the regadio, under the guidance

technique of AFN.

3-The cost of the services and works referred to in the preceding paragraph add to that of the

hydroagricultural use and is taken into account for the purpose of calculating the rates of

conservation, exploration and beneficiation.

4-A maintenance, defence and cutting of the installed arvoredo is carried out by the respective

associations of regants and beneficiaries, according to PGF approved by the AFN.

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CHAPTER V

Defence of the forest against biotic and abiotic agents

Article 57.

Protection against biotic agents

1-Without prejudice to the legal regime applicable to phytosanitary protection, the safeguard of the

forest heritage against biotic agents is the responsibility of all the

owners and forest producers, these being required to perform or facilitate the

implementation of the actions for the control and eradication of harmful organisms.

2-A The protection of forest stands against harmful biotic agents is

of a preventive nature, by appropriate forestry techniques, use of agents

biological that prevent or mitigate the dispersion of populations of organisms

harmful, and the application of integrated protective methods.

3-The State, together with the OPF and local administration, shall adopt the necessary measures

of surveillance, localization and control or eradication of emerging seal of agents

harmful biotics.

4-Forest owners and producers are required to communicate to the entities

competent the incidence of abnormal seals of pests, diseases and woody invasions or

the emergence of quarantined classified organisms according to the legislation

special applicable.

5-A Phytosanitary protection and defence against harmful biotic agents are the subject of

specific legislation.

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Article 58.

Defense of the Forest Against Fire

1-Compete in the State structuring a Forest Defense System Against Fire that

encompass a set of measures and actions of institutional articulation, planning and

of intervention regarding the prevention and protection of forests against fires.

2-A The policy of safeguarding the territory against forest fires and structuring of the

Defence System of the Forest Against Fire is listed in special legislation.

Title VII

Valorisation of forest resources

Article 59.

Instruments for enhancement of forest resources

They are considered instruments of valorisation of forest resources:

a) Provisions applicable to agriculture, forestry, hunting and fishing in waters

interior;

b) Measures relating to the manso pine and pine harvesting;

c) Rules for harnessing resineal resources, of mycological resources, of

watermelt and apicultural resources, from aromatic, medicinal and condimentary plants;

d) Standards of protection of spontaneous azevine;

e) Provisions applicable to the activities of recreation and leisure in forest spaces.

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CHAPTER I

Hunting and fishing in inland waters, silvopastoricia and agriculture

Article 60.

Hunting and fishing in inland waters

1-Compete to the State to define the regulatory principles of kinetic and fishing activity

in inland waters, as well as the legal regime of conservation, development and

exploitation of the kinetic and aquaculture resources, with a view to its sustainable management, which

are contained in special legislation.

2-The schemes applicable to kinetic and aquaculture resources shall provide for forms of

optimal management, particularly of associative character, reconciling its

economic exploitation and environmental equilibria.

Article 61.

Silvopastoricia

1-Without prejudice to the provisions of the special plans for spatial planning, the

silvopastoryl use of forest spaces compatibilises itself with the maintenance of the

arvoredo, with the functions of protection of soil and water resources and with

conservation of protected species and habitats, being framed within the framework of PGF.

2-A pastorics, by third parties, in public forest and agro-forestry holdings or

private may only carry out with consent from the respective owners or

other forest producers.

3-A The ban on grazing on arched arched grounds follows the provisions of the

present Code in respect of forest spaces travelled by fires.

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Article 62.

Integration of agriculture in forest spaces

1-Agricultural activities developed in the interior of forest stands must

safeguard the integrity of the arvoredo.

2-In the forest stands of kersitneas, chestnut and alfarrobeira are

prohibited:

a) Deep soil mobilizations, or that affect the radicular system of trees

or those that would provoom destruction of natural regeneration;

b) Mechanical mobilizations on slopes greater than 25%;

c) Mobilizations not carried out second to level curves, on slopes

understood between 10% and 25%;

d) Interventions that unloadone or remove the surface layer from the soil.

CHAPTER II

Other wildfish resources

Article 63.

Pine-manso and pine harvesting

The harvest of pinches of the species Pinus pinea , L. (manso pine) is allowed in the period

understood between December 15 and April 1, which may be exceptionally

extended by dispatch of the AFN president, when there are difficulties in the

harvesting activity or when a change of the normal cycle of its production occurs.

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Article 64.

Mycological resources

1-In forest spaces, the harvesting and transport of wild mushrooms for consumption

human, as well as the temporary storage until its eventual concentration to

processing or marketing, may only be carried out by collectors

enabled with manifold license issued by the AFN.

2-A The harvesting of mythological species may have the following purposes:

a) Harvesting for private purposes, which may not exceed five kg of mushrooms

edible silvestres per day and by manifold;

b) Harvesting for commercial purposes, which is found to be subject to permission from the AFN or,

when provided for in approved PGF, prior communication to this entity;

c) Harvesting for scientific purposes, which is subject to prior communication to AFN

and, in the protected areas, to the ICNB, I. P., whenever it exceeds the five kg of

wild mushrooms.

3-A harvesting of mycological species provided for in the a) of the previous number do not

needs authorization, nor a manifold license.

4-The harvesting of wild mushrooms is prohibited in the following situations:

a) At less than 500 m of industrial establishments carrying out any type of

gaseous emission;

b) In the berms of roads or paths where the car circulation takes place;

c) On land where agricultural activities are used in which they are used

production factors based on synthesis chemicals or livestock activities

intensive;

d) In the interior of urban perimeters.

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5-A harvest, by third parties, of wild mushrooms on forest or agro farms-

private forest can only take place with the consent of the respective

owners or other forest producers.

6-A The harvest of wild mushrooms for human consumption in the public mats should be

carried out in accordance with the envisaged in the forest management plans for the areas in

cause.

7-The conditioning or interdiction of the harvest of wild mushrooms can be

carried out:

a) By dispatch of the AFN President, whenever it is warranted to ensure the

preservation of the species of mushrooms of certain region;

b) In the classified areas, by joint dispatch of the AFN and ICNB Chairs,

I. P., where it is warranted to ensure the preservation of mushroom species;

c) By the entities responsible for the management of public mats, whenever it is not

to be complied with the provisions of paragraph 6 of this Article.

8-The species of wild mushrooms for which they are allowed to harvest, the

conditions and procedures for issuing the manifold licence, as well as the rules

associated with this activity are determined by joint regulation of the AFN and the

ICNB, I. P., homologated by the members of the Government responsible for the areas of

forests and the conservation of nature.

Article 65.

Meliferous and apicultural resources

Without prejudice to the legal regime applicable to the melt and apicultural resources, it is incumbent on the

State to promote and foster the improvement of the conditions of production and marketing of the

honey and the apicultural products.

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Article 66.

Aromatic, medicinal and condimentary plants

1-A harvest, by third parties, of aromatic, medicinal plants and condimentaries in

forest holdings or private agro-forestry can only take place with

consent of the respective owners or other forest producers.

2-A harvest of aromatic, medicinal and condimentary plants in the public mats must

be carried out in accordance with the envisaged in the forest management plans for the areas in

cause.

3-It is prohibited to harvest aromatic, medicinal and condimentary plants, in the following

situations:

a) At less than 500 m of industrial establishments carrying out any type of

gaseous emission;

b) In the berms of roads or paths where the car circulation takes place;

c) On land where agricultural activities are used in which they are used

production factors based on synthesis chemicals or livestock activities

intensive.

4-The species of aromatic, medicinal and condimentarial plant for which to

finds to be allowed to harvest as well as the rules associated with this activity are

determined by joint regulation of the AFN and the ICNB, I. P., homologated by the

members of the Government responsible for the areas of forests and conservation of the

nature.

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Article 67.

Spontaneous azevine

1-It is prohibited, in the entire continental territory, the start-up, the full or partial cutting, the

transportation and the sale of the spontaneous azevine.

2-Except for the prohibition provided for in the preceding paragraph, by licensing, the court

or spontaneous azevine start-up that is found to be subject to authorisation, for reasons

special and thoughtful duly substantiated to be issued by the AFN, for the remaining

situations;

3-In the areas classified the authorisation referred to in the preceding paragraph is preceded by opinion

of the ICNB, I. P.

Article 68.

Resin

1-A resinating activity and the exploitation of resineal resources must

compatibilize with the maintenance of the vitality of the arvoredo, with the preservation of the

quality of the woody material and with the forest defence standards.

2-The measures regarding the height and width of incisions and the number of years in which each

resinous species can be explored are determined by AFN regulation

homologated by the member of the Government responsible for the area of forests.

CHAPTER III

Recreation and leisure in forest spaces

Article 69.

Recreational forest equipment

1-Compete to the State to promote and nurture the fruition of forest spaces while

spaces of leisure and recreation, in an orderly manner and safeguarding the integrity of the

forest resources.

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2-The standards of construction, beneficiation and use of forest equipment of

recreation are determined by regulation of the AFN and the Institute of Sport of

Portugal approved by the members of the Government responsible for the areas of

forests and sport.

Article 70.

Other activities in forest space

1-Without prejudice to the provisions of special planning plans of the territory or in

special legislation, all recreational and leisure activities developed in space

forest must observe the conditions of access and stay conditioning

concerning the defence of the forest against fires, as well as the safeguard standards

of forest resources.

2-The activities developed in forest spaces involving sports

motorised are subject to the authorisation of the owners or other producers

forest of the holdings covered.

Title VIII

Instruments of foment

Article 71.

Instruments of foment

They are still considered instruments of fomenting forest policy:

a) The forest research;

b) The forestry associativism;

c) The forest interprofessionalism;

d) The forest real estate investment funds;

e) The Permanent Forest Fund;

f) The tax incentives.

g)

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Article 72.

Research and forest sanity

1-The State fosters scientific research in the forest field, through its

competent bodies.

2-In the framework of forest research, it is also incumbent on the State, through the

organisms that tutelise economic activity in the forest field, stimulate the

participation of economic actors and in particular of companies, in promotion and

implementation of research, experimentation and development activities, by form

doting them out of the scientific and technological capacity needed for forest development

of the Country.

3-It is up to the National Institute of Biological Resources, as a laboratory of the State,

develop research of public interest in the field of forests and within the framework of

forest sanity.

4-Phytossanity policies, as well as control and intervention measures are from the

responsibility of the entity that assumes the competencies of phytosanitary authority

national.

Article 73.

Forestry associativism

1-OPF is an essential element for pursuing policy objectives

forest, allowing forest owners and producers to manage the resources of

sustainable and economically viable form, and defend their common interests.

2-Forest producer organisations are divided into four types, according to the

its representativeness and scope of acting:

a) OPF of national scope;

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b) OPF of regional scope;

c) OPF of supramunicipal scope, municipal or local;

d) OPF of complementary nature.

3-A AFN may accredit OPF and enter into concession contracts or protocols of

management for the pursuit of their assignments.

4-The framework and support for organizations of forest producers are the subject of

would pore from the member of the Government responsible for the area of forests.

Article 74.

Forest interprofessionalism

1-The interprofessional organizations of the forest row (OIF) are constituted by

representative structures of production, processing, provision of services and

marketing of the products of the different sub-sectors of the forest sector.

2-Are objectives of the OIF:

a) Contribute to the certification of forest products and the management of spaces to it

associates;

b) Contribute to a better knowledge and transparency of markets,

specifically by the production of statistical information and analysis of

trends, and contribute to the establishment of the contractual relationships between the

economic agents;

c) Promote research and development programmes in articulation with the

public entities responsible for the research, with a view to obtaining new

uses and better adaptations to the needs of markets;

d) To contribute and encourage the realization of training actions aimed at

professional qualification of human resources for the work in the forest row;

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e) To develop actions to promote the products of the forest and the spaces to it

associates in the domestic and external markets, specifically with the production of

technical information vocationally to increase consumer confidence and

conquer new markets;

f) To contribute to ensuring quality control at the level of production, from

provision of services, processing and packaging of the final product;

g) To encourage the achievement of health and quality controls;

h) To promote and encourage actions that aim to contribute to development

sustainable forest and to the safeguarding of the associated natural systems;

i) Encouraging the reuse of forest products for energy purposes, in a logic

of optimization of the management of energy sources and defence of the environment;

j) To develop actions aimed at promoting an appropriate balance of supply and

search of the respective products.

3-By each product or group of products can only be recognized an organization

interprofessional of the nationwide filth.

4-The requirements and procedures for recognition, the registration of OIF and the celebration of

inter-professional agreements are defined by porterie of the member of the Government

responsible for the area of forests.

Article 75.

Forest real estate investment funds

1-The State can support the creation and development of real estate funds of

forest investment that promotes the valorisation of forest spaces and resources

associates, based on a professional management of forest heritage, with

economic, social and environmental rationality, through the creation of a support framework

to the managing entities of the funds.

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2-Forest real estate investment funds pursue objectives of increasing the

size of forest holdings, improvement of the productivity of the stands

forest, of increasing diversity and quality of the woody raw material and of

Fostering the harnessing of the wildland resources associated with forest spaces.

Article 76.

Permanent Forest Fund

1-The Standing Forest Fund is a financial fund of a permanent nature intended

to the support of special intervention policies and projects, which is aimed at the support

to the following areas:

a) Awareness;

b) Structural prevention device;

c) Planning, management and forest intervention;

d) Sustainability of the forest;

e) Research and technical assistance.

2-A The existence and maintenance of the Standing Forest Fund, its regulation of

management, the origin of the revenue and the supporting typologies are the subject of specific legislation.

Article 77.

Tax benefits

1-The tax benefits to the forest sector take into consideration the nature of the goods and

services provided by the forest holdings and the long period of return of the

investments.

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;

b) The professional management of forest resources;

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c) The promotion of forest associativism and the development of the inter

forest professionalism;

d) The increase in the size of forest holdings in the regions of minifumdio;

e) The use and consumption of forest biomass for energy purposes;

f) The certification of sustainable forest management.

3-The State Budget can, in the development of the previous figures and in the

terms of the law, to realize annually the appropriate tax benefits to the forest sector,

in addition to the one set out in the applicable forest legislation.

Title IX

Accredited technicians and entities

Article 78.

Technicians

1-Within the scope of the application of this Code and other supplementary legislation, only

technicians registered in the AFN for the purpose can perform the following tasks:

a) Drafting and implementation of forest management plans;

b) Drafting and implementation of specific intervention plans;

c) Drafting and implementation of forest defense plans against fires of

district and municipal scope;

d) Elaboration and management of arborization projects, rearborization and beneficiation of

forest spaces;

e) Drafting and implementation of forest inventory projects;

2-The registration of technicians referred to in the preceding paragraph shall be defined by the porterie of the

member of the Government responsible for the area of forests, heard the orders and

professional associations.

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3-The plans and projects referred to in paragraph 1 may be submitted for approval of the

AFN by public or private entities provided that they are drawn up and

implemented by technicians who meet the conditions of registration referred to in the number

previous.

Article 79.

Accreditation

1-A AFN can accredit entities with recognized technical capability to approve

arborisation projects, of intervention in forest spaces and to promote the

marking of arvoreed cuts, in the terms provided for in this Code and in

special legislation.

2-The accreditation scheme is defined by porterie of the member of the Government

responsible for the area of forests.

3-Accredited entities under this Code and special legislation shall

make the record of the approval of the projects referred to in paragraph 1 and the SNIRF.

Title X

Bodies of consultation

Article 80.

Bodies of consultation

1-Within the scope of pursuing the objectives of forest policy and concertation and

consultation of forest sector actors are established two advisory bodies:

a) National Forest Council;

b) Advisory Board for Forestry Phytossanity.

2-The National Forest Council is an advisory body of the AFN, of concertation of

national scope, chaired by the member of the Government responsible for the area of

forests.

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3-Compete to the National Forest Council:

a) Issue opinion on the structuring legislation of the sector;

b) Issue opinion on forest strategies and on forest defence plans;

c) Issue opinion on the annual or multi-annual programmes of activities in the framework

of the Forest Defense System against Fires;

d) Issue opinion on national policies for hunting and fishing in inland waters;

e) Other subjects on which the member of the Government responsible for the area of

forests understand to consult with the National Forest Council.

4-The Advisory Board for Forestry Plant Sanitary is a consultation body chaired

by the member of the Government responsible for the area of forests, competent to:

a) Carry out the articulation between all the entities involved and propose the measures

concrete implementation in action programmes within the framework of phytosanitary

forest;

b) Accompany the entities, national or international, who may exercise

any type of surveillance or control over action programmes within the framework of

forest plant sanitary;

c) Produce opinions on matters related to forest plant-sanitary.

5-A The composition of the National Forest Council is provided for in the decree-law creating the

AFN.

6-A The composition of the Advisory Board for Forestry Plant Sanitary is determined

by porterie of the member of the Government responsible for the area of forests.

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Title XI

Forest Information System

Article 81.

National Forest Resources Information System

1-The SNIRF constitutes a platform for storage, processing and dissemination of

information for forest resources, for support for the decision making by the various

agents of the sector.

2-The SNIRF integrates a specific information component concerning the territories

submitted to the forest regime, permanently updated, to understand

information about the following components:

a) Area submitted to the forest regime, by typology, NUTS region, PROF region,

district and concelho, with identification of the respective owners;

b) History of the disaffectations and submissions of territories to the forest regime;

c) Detailed forest inventory of territories submitted to the forest regime;

d) The exploration and marketing of wild products and resources carried out in the

territories submitted to the forest regime;

e) Cost matrix of the work units and forestry operations.

3-A tramping of the procedures provided for in this Code is carried out

informatically, with recourse to SNIRF, which, among other functionalities,

allows:

a) The delivery of applications, communications and documents;

b) The shipment of the opinions between entities;

c) The consultation by the stakeholders of the state of the procedures;

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d) The submission for approval to the AFN of PGF, PEIF, arborization projects and the

intervention in forest spaces or other special plans;

e) The decisions rendered.

4-The terms of development of the informatics system provided for in this article is

porterie of the member of the Government responsible for the area of forests.

5-Communications are carried out by electronic means and when they link the different

structures of the administration must meet the requirements for safety and reliability

minimum set for advanced electronic signature.

6-The provision of information by the different entities with competence in the

scope of this Code and special legislation is concretized in a manner

dematerialized, by means of providing access to the respective systems of

information.

7-The ICNB, I. P., has access to the SNIRF in the sharing of information concerning the

classified areas.

Article 82.

Reporting of the management of public forests

1-Within the period of one year after the entry into force of this Code is published the Catalog

National of Public Forests , of the responsibility of the AFN and with the collaboration of the ICNB,

I. P., which is updated every five years.

2-Anually is published the Annual Report of Activities-Public Forests Management , of the

responsibility of the AFN, with the ICNB collaboration, I. P., where is organized all the

information arising from the annual activity reports of the areas submitted to the

forest regime.

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Title XII

Forest counterorders and process

CHAPTER I

From counterordinance

SECTION I

From forest counter-ordinations

Article 83.

Scope

1-Constituent forest counterordinance all the unlawful and objectionable fact that fills a

legal type corresponding to the violation of legal and regulatory provisions concerning the

conservation and enhancement of forest spaces and their resources that they are consagreing

rights or impose duties, for which to comine a fine.

2-For the purposes of the preceding paragraph, the legislation and regulations shall be deemed to be

this Code and all the framing legislation of the conservation, management and defence of the

forest spaces and their resources.

Article 84.

Regime

Forest counter-ordinations are regulated by the provisions of this Code and,

subsidiary, by the general regime of counter-ordinations.

Article 85.

Typologies of counter-ordinations

For determination of the applicable fine and taking into account the relevance of the rights and

interests violated, counter-ordinations rank in light, serious and very serious.

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Article 86.

Counter-ordering

1-Constituts lightweight counterordinations:

a) Do not carry out minimum forestry operations in infringement of the provisions of paragraph 4

of Article 13;

b) The lack of communication provided for in Article 15 (4);

c) The lack of prior communication to the AFN of the cuts in debasing in infringement of the

provisions of Article 45 (3);

d) The lack of prior kintage in infringement of the provisions of Article 45 (11);

e) The lack of inscription in infringement of the provisions of Article 49 (5);

f) The lack of communication to competent entities of the incidence of abnormal seals

of lumpous pests, diseases and invasions, in infringement of the provisions of paragraph 4 of the

article 57;

g) The lack of consent of the owners or other forest producers, for the

activity of pastorics, by third parties, in forest and agro-forestry farms

public or private, in infringement of the provisions of Article 61 (2);

h) The lack of permission from the AFN for harvesting with commercial or scientific purposes

of mycological resources, in infringement of the provisions of the provisions of b) and c) of paragraph 2 of the

article 64 para.

2-Constituts serious counterordinations:

a) The lack of elaboration of PGF in infringement of the provisions of paragraphs 1 and 2 of the

article 13º;

b) The failure to comply with forest exploitation practices, in infringement of the provisions

in Article 15 (2);

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c) The lack of authorisation for operations that are not provided for in

PGF approved and since incidents over areas in excess of five hectares,

including the premature cuts of pine-bravo and eucalyptus, in infringement of the

willing in the b) of paragraph 1 of Article 17º;

d) The practice of pastorics in the wooded forest spaces travelled by

fires or in the integrated forest spaces in classified areas whose

recovery is negatively affected by this activity, by the period of

five years from the date of occurrence, in infringement of the provisions of paragraph 4 of the

article 22º;

e) The rearborisation actions of forest spaces travelled by fires in

infringement of the provisions of the provisions a) and b) of paragraph 2 of Article 23º;

f) The alteration of the composition in species-dominated arched stands

indigenous or in riparian galleries, specifically in viduals, carvalhais,

zambujais, freixials, amials, salgueirals, olmedos, chouparents and, still, in soutos,

castinal and nogueirals in infringement of the provisions of Article 23 (3);

g) The replacement of any kind of forest settlement arched by

settlements dominated by fast-growing species explored in

short revolutions without meeting the following requirements in Article 23 (4);

h) The lack of permission of the AFN mentioned in Article 24 (1);

i) The lack of authorisation referred to in Article 24 (5);

j) The use of forest spaces submitted to the partial forest scheme for

purposes various of those set out in Article 30;

l) The lack of permission from the AFN for the beneficiation operations of the arvoredo,

including cutting, desramming, training poda or sanitary, or any other

type of benfeits to the arvoredo, in infringement of the provisions of paragraph 3 of the article

41.

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m) The lack of authorization for the exploitation of overlaps and azinheiras in regime of

talhadia as well as for the cutting of the sticks or polas or the extraction of the cork, in

infringement of the provisions of Article 48º;

n) The recourse to the cultural practices and operations prohibited in Article 1 (1)

o) The lack of authorisation provided for in Article 49 (3) and (6);

p) Not to implement or facilitate the implementation of the actions of control and eradication of

harmful organisms, in infringement of the provisions of Article 57 (1);

q) The realisation of soil mobilizations prohibited by Article 62 (2);

r) The harvesting of pines in infringement of the provisions of Article 63;

s) The lack of licence provided for in Article 64 (1);

t) The harvesting of wild mushrooms in violation of the provisions of paragraph 2 of the article

64.

u) The lack of consent of the owners or other forest producers to

harvesting, by third parties, of wild mushrooms on forest farms or

private agro-forestry in infringement of the provisions of Article 64 (5);

v) The lack of consent of the owners or other forest producers to

harvesting, by third parties, of aromatic, medicinal plants or condimentaries in

forest holdings or private agro-forestry in infringement of the provisions of the n.

1 of Article 66;

x) The harvesting of aromatic, medicinal plants or condimentaries in infringement of the

provisions of Article 66 (3);

z) The lack of permission from the AFN for the cutting or starter of holly in

infringement of the provisions of Article 67 (2);

aa) The lack of permission of the owners or other forest producers of the

explorations covered, in infringement of the provisions of Article 70 (2).

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3-Constituts very serious counterordinations:

a) The failure to comply with the conditions stipulated in Article 23 (5);

b) The use of forest spaces submitted to the total forest scheme for purposes

various of those set out in Article 29;

c) The failure to comply with the prohibitions laid down in Article 41 (1);

d) The realization of any operation that mutile or damages exemplars of

overhead or azinion, as well as any actions leading to its

perishing or evident depreciation and the discourtening actions that

provoed damage in the entrect in infringement of the provisions of Article 43º; (4)

e) The realization of conversions in overhead or azinan stands, provided that

not provided for in the respective exceptions, in infringement of the provisions of Article 44º;

f) The lack of authorization for the cutting or starter of overlaps or azinheiras, in

infringement of the provisions of Article 45 (1);

g) The misallocation of the agricultural use of the areas subject to cutting for 30 years, except

in the case of rearborization with stands of overhead, azinheiras or mists

of these species, in violation of the provisions of Article 45 (5);

h) The carrying out of the actions in infringement of the provisions of Article 45 (7).

i) The changes in the use of soil and composition of forest spaces in areas

occupied by overlapping or azinan settlement in infringement of the provisions of the

article 47;

j) The lack of authorisation in infringement of the provisions of Article 49 (6).

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SECTION II

Of the responsibility

Article 87.

Responsibility for acting on behalf of outrain

1-Who voluntarily act as an organ, member or representative of a person

collective, society, even if irregularly constituted, or of mere association of

fact, or still in legal or voluntary representation of outrain, is punished even

when the legal type of counterordinance requires:

a) Certain personal elements and these only verify themselves in the person of the

represented;

b) May the agent practise the fact in his / her own interest and the representative shall act in the

interest of the represented.

2-The provisions of the preceding paragraph further is to be ineffective the legal act source of the

respective powers.

3-Legal persons, societies and other entities referred to in paragraph 1 shall respond

jointly and severally, pursuant to civil law, for the payment of the fines in which they are

doomed the agents of the offences provided for in this Code, pursuant to the

previous numbers.

Article 88.

Liability of legal persons and equiparents

1-Legal persons, societies and mere associations in fact are responsible for the

offences when committed by their organs or representatives in their name or in the

collective interest.

2-A liability is excluded when the agent has acted against orders or

express statements of who of law.

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3-Without prejudice to the provisions of paragraph 3 of the preceding Article, the responsibility of the entities

referred to in paragraph 1 does not preclude the individual liability of the respective agents.

SECTION III

Direct access

Article 89.

Right of access

1-The administrative authorities in the exercise of the inspective, supervisory functions or

surveillance is provided for free entry into the establishments and places where they exercise the

activities to be inspected.

2-Those responsible for the spaces referred to in the preceding paragraph are required to provide the

entry and stay to the authorities for inspection, surveillance and surveillance in the

exercise of their activities and to present them with documentation, books, records and

any other elements that are required to them, as well as to prestars them

information that is requested.

3-In the event of refusal of access or obstruction to the inspective, surveillance or

surveillance, the collaboration of the security forces may be requested to remove such

obstruction and ensure the realization and security of the inspective acts.

CHAPTER II

Of the fines and ancillary sanctions

SECTION I

Fines

Article 90.

Amounts of the fines

1-A each classificative ranking of gravity of the forest counter-ordinations corresponds

a variable fine depending on whether it is applied to a natural or legal person and in

function of the degree of fault of the agent.

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2-The lightweight counterordinations correspond to the following fines:

a) If practiced by natural persons, of (euro) 50 a (euro) 500;

b) If practiced by legal persons, of (euro) 500 a (euro) 5000.

3-The serious counter-ordinations correspond to the following fines:

a) If practiced by natural persons, of (euro) 500 a (euro) 5000;

b) If practiced by legal persons, of (euro) 5000 a (euro) 25000.

4-Very serious counterordinations correspond to the following fines:

a) If practiced by natural persons, of (euro) 25000 a (euro) 100000;

b) If practiced by legal persons, of (euro) 60000 a (euro) 500000.

5-A the practice of counter-ordinations provided for in Article 86 in the form of an attempt or

negligent mode is punishable, being the limits referred to in the previous numbers reduced

for half.

6-In the event of a recidivism, the minimum and maximum limits of the fine are high in a

third of the respective value.

Article 91.

Competition for offences

1-If the same fact constitutes both crime and counter-ordinance, the accused is

punishing always to the title of crime, without prejudice to the application of the intended ancillary sanction

for the counterordinance.

2-A The application of the ancillary sanction, under the terms of the preceding paragraph, rests with the court

competent for the trial of the crime.

3-The sanctions applied to the counter-ordinations in tender are always cumulated

materially.

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SECTION II

Ancillary sanctions

Article 92.

Ancillary sanctions

1-At the same time with the fine can be applied, one or more of the ancillary sanctions to

follow listed, depending on the seriousness of the offence and the fault of the agent:

a) Loss in favour of the State of the instruments, specifically machinery, vehicles

or any other objects that served or were intended to serve for the

practice of counter-ordering;

b) Loss in favour of the State of the goods or product resulting from the activity against-

ordering, save when the owners in nothing have contributed to the

practice of counter-ordering;

c) Interdiction of exercising the profession or activities related to countering-

ordering;

d) Deprivation of the allocation of grants or other benefits heard or the outoring

by entities or public services, within the scope of forestry activity;

e) Suspension of leave;

f) Deprivation of the allocation of the licence;

2-The sanctions referred to in points c) and e) of the previous number have the minimum duration of 15

days and the maximum duration of 1 year, in the case of point c ) from the previous number, and from 2 years,

in the paragraph and ) of the previous number.

3-A penalty provided for in the paragraph d) of paragraph 1 has the minimum duration of 1 year and the maximum of 3

years and in the f) of paragraph 1 has the minimum duration of 90 days and the maximum of 2 years.

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Article 93.

Publicity of the conviction

1-A conviction for the practice of serious and very serious offences, specifically the

provided for in Article 86 (2) and (3) is the subject of advertising.

2-A advertising of the conviction referred to in the preceding paragraph may consist of the publication

of an extract with the characterization of the offence and the violated standard, the identification of the

infractor and the sanction applied, alternatively:

a) In a national journal journal and in a local periodical publication or

regional, from the area of the infringer's seat, at the expense of this;

b) In the 2 th series of the Journal of the Republic , 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 shall be promoted by the competent court,

in relation to the offences subject to a judicial decision, and by the administrative authority,

in the remaining cases.

Article 94.

Suspension of the execution of the ancillary sanction

1-Can be suspended the execution of the ancillary sanction applied to light counterordinations and

serious in the case of the fact that the assumptions that the general criminal law makes depend on

suspension of the execution of the penalties, provided that you find yourself paying the fine, under the conditions

predicted in the following numbers.

2-If the offender has not been convicted, in the last five years, by the practice against-

serious or very serious ordering, the suspension can be determined by the period of 6

months to 1 year.

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3-A suspension may still be determined, for the period of one to two years, if the offender,

in the last five years, have practiced only a serious counterordinance, owing,

in this case, be conditioned, singular or cumulatively:

a) To the provision of collateral for good conduct;

b) To the performance of the duty of frequency of trainings, whose contents

programmatic are approved by the President of the AFN;

c) To the fulfilment of specific duties provided for in other legal diplomas.

4-A The collateral of good conduct is set between € 500 and € 15000, taking into account the duration of the

ancillary sanction applied and the economic situation of the offender.

5-The charges arising from the frequency of trainings are borne by the

infractor.

6-A The imposition of the duty of frequency of action of training shall take into account the

personality and the professional skills of the offender, and may not prejudice the

normal exercise of their professional activity, nor represent obligations whose

compliance is not reasonably chargeable.

Article 95.

Withdrawal of the suspension of the execution of the ancillary sanction

1-A suspension of the execution of the ancillary sanction is revoked if, during the respective

period:

a) The offender commits serious or very serious counterordinance;

b) The offender does not carry out duties imposed in accordance with Article 3 (3)

previous;

c) The offender, dealing with another ancillary sanction, commits new against-

ordering the same legal diploma or its regulations, also comprised with

ancillary sanction.

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2-A The revocation determines the fulfilment of the sanction whose execution was suspended and the

break from the surety, which reverses in favour of the entity that has determined the suspension.

SECTION III

From prescription

Article 96.

Prescription

1-The procedure by the serious and very serious counterordinations prescreve as soon as

on the practice of the counter-ordinance there is the 5-year term elapsed, without prejudice to the

causes of disruption and suspension provided for in the general regime.

2-The procedure by the light counterordinations prescribes as soon as about the practice of the

counter-ordinance there shall elapse the period of one year, without prejudice to the causes of

interruption and suspension provided for in the general regime.

3-The term of limitation of the fine and ancillary sanctions is to:

a) 3 years, in the case of serious and very serious counterordinations;

b) 2 years, in the case of light counterordinations.

4-The time limit referred to in the preceding paragraph is due from the day on which it becomes final

or transits on trial the decision that determined its application, without prejudice to the

causes of disruption and suspension provided for in the general regime.

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CHAPTER II

Of the competent entities, of the precautionary measures and the process

SECTION I

Of the competent entities

Article 97.

Surveillance

1-Without prejudice to the powers conferred by law to other entities on the grounds of matter

or of the area of jurisdiction, the surveillance of the provisions of this Code shall compete with the AFN,

to GNR, to municipal policemen, to the remaining security forces with intervention in the

forest spaces and the ICNB, I. P., in the case of protected areas.

2-The civil and military authorities, including the administrative and fiscal, are obliged to

duty of collaboration owing, where requested, to provide all the aid for the

supervision of the application of forest policy.

Article 98.

Instruction of counterordinational processes

1-A The instruction of the counter-ordering processes provided for in this Code is of the

competence of the AFN.

2-Without prejudice to the provisions of the preceding paragraph, the instruction of proceedings of against-

ordering competes:

a) To the ICNB, I. P., and the AFN, in the protected areas;

b) To the respective municipal chambers, in the situations referred to in Article 15 (4) and

in Article 24 (3)

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Article 99.

Decision

1-A The competence for the decision and for the application of fines and ancillary sanctions is from the

chair of the AFN, with faculty of delegation.

2-In the protected areas the competences provided for in the preceding paragraph are committed to the

chair of the ICNB, I. P., with faculty of delegation.

3-A the competence for the decision and for the application of fines and ancillary sanctions, in what

refers to those laid down in paragraph b) of paragraph 2 of the preceding Article shall be of the Chairman of the respective

city chamber, with faculty of delegation.

Article 100.

Product of the fines

1-The product of the fines imposed pursuant to this Code reverses in favour of the

following entities:

a) 60% for the State;

b) 30% for the entity that instructed and decided the process;

c) 10% for the entity that raised the auto.

2-The amount equivalent to 50% of the said paragraph b) of the previous number is affection to the

Permanent Forest Fund.

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SECTION II

Of the precautionary measures

Article 101.

Precautionary measures

1-When it proves necessary for the instruction of the process the AFN can determine a

or more of the following measures:

a) Seizure of the instruments, specifically machinery, vehicles or any

other objects that served or were meant to serve for the practice of the

counter-ordering;

b) Seizure of the goods or product resulting from counterordinational activity,

saved when the owners in nothing have contributed to the practice of the

counter-ordering;

c) Suspension of leave;

d) Suspension of the laboration or the preventive closure of the establishment;

e) Suspension of any or some activities or functions exerted by the accused;

f) Sealing of equipment for certain time.

2-As long as the goods remain seized, it is allowed to its owner

to benefit them or to retain them under surveillance of the authority to the order of which they are

apprehended, not being, however, this responsible for the damage that may result

of the lack of convenient beneficiation or conservation.

3-Are ineffective the legal business which has for the subject goods seized.

4-The early sale of goods cautiously seized, when there is a risk

of deterioration or such is required by the respective owner or holder.

5-The goods seized from the offenders constitute guarantees of payment of the fines.

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SECTION III

From the process

Article 102.

Auto news

1-When any authority or agent of the authority, in the exercise of its functions of

monitoring and control of the activities of conservation, management and defence of spaces

forest and its resources, witnessing the practice of a counter-ordinance, raises or

sends up auto news, which mentions the facts that constitute the offence, the

day, the hour, the place and the circumstances in which it was committed, the name and the quality of the

authority or agent of authority who has witnessed it and all that it can ascertain

about the identification of the agents of the offence and, where possible, of witnesses who

can testify about the facts.

2-Where the offence is reported to be legal persons or equipt, it shall indicate,

where possible, the registered office, as well as the identification and residence of the partners

managers.

3-The news self is signed by the authority or agent of the authority that has raised it or

send up and by the offender, if you want to sign, owing, in the event of refusal, such a fact

the record of the auto.

4-Of the news self shall be given copy to the offender.

5-Can stand up a single news self for different offences committed in the

same occasion or related to each other, although they are diverse the agents.

6-The news self raised in the terms of the previous figures makes faith in judgement on the

facts witnessed by the autuante, until proven otherwise.

7-The provisions of the preceding paragraph shall apply to the evidence obtained through

apparatus, instruments or equipment used in the legal terms.

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Article 103.

Denunciation

1-A authority or agent of the authority who has knowledge, by complaint, of the practice

of counter-ordinance provided for in this Code wash or send out the news self-release.

2-It is correspondingly applicable, with the necessary adaptations, the provisions of the article

previous.

Article 104.

Voluntary payment

1-In the case of dealing with offender without any antecedent in the respective register

individual, may this proceed to voluntary payment for the legal minimum of the fine

intended for the respective offence, within 15 working days of the notification for the

effect.

2-Understand by background, for the effects provided for in the previous number the practice of

one or more forest offences in the previous three years.

3-The voluntary payment of the fine does not preclude the possibility of applying for sanctions

accessory.

Article 105.

Communication of the offence

1-After the lifting of the self, the accused must be notified:

a) Of the constitutive facts of the offence;

b) Of the day, time, the place and the circumstances in which the offence was committed or

detected;

c) Of the legislation infringed and of the one that sanctions the facts;

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d) Of the sanctions that are applicable to you;

e) Of the time limit granted and the place for the submission of the defence;

f) From the possibility of voluntary payment of the fine by the minimum, the deadline and the

how to carry it out, as well as the consequences of the non-payment;

2-The accused may, within 15 working days, recount of the notification, present his / her

defence, in writing, with the indication of witnesses, up to the limit of three, and of others

means of proof, or proceed with voluntary payment, in the terms and with the effects

established in the previous article.

3-At the same time the accused may still apply for the suspension of the execution of the sanction

accessory.

4-The voluntary payment of the fine does not preclude the accused from presenting their defence,

restricted to the seriousness of the offence and to the applicable ancillary sanction.

Article 106.

Notifications

1-The notifications take place:

a) By personal contact with notifying you in the place where it is found;

b) By registered letter with notice of expedited reception for the domicile or

registered office of the notifying;

c) By means of simple letter dispatched to the domicile or headquarters of the notifying.

2-A notification by personal contact shall be made, where possible, in the act of

autuation, and may still be used when notifying you is found by the

competent entity.

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3-When the notification by personal contact to which the number is concerned is not possible

previous, notification shall be made by registered letter with notice of

receipt, expedited for the domicile or registered office of the notifying, considering whether

on the date on which the notice of receipt or on the third working day is signed after that date,

when the notice is signed per person divers from the notifying.

4-If, for any reason, the letter provided for in the preceding paragraph is returned to the entity

sender, the notification is resubitted by notifying you, for your domicile or registered office,

through simple letter.

5-In the notification by simple letter it must expressly appear in the process on the date of

dispatch of the letter and the domicile to which it was sent, considering notification

carried out at 5. the day after the date indicated there, comination this which must appear in the

act of notification.

6-Whenever notifying you of refusing to receive or to sign the notification, the agent

certifying the refusal, considering the notification.

7-When it is not possible to carry out the notification by the forms provided for in the figures

previous may the same be carried out for the telefax number or for the address of

e-Mail of the notifying.

8-When the notification is carried out by telefax or via e-mail, it is presumed

which was made on the date of issue, serving as proof, respectively, the copy of the notice

where it consistes of the mention that the message was sent successfully as well as the date,

time and telefax number of the receiver or the extract of the message carried out, which is

next to the autos.

9-The notifications made by simple registered letter are assumed to be made in the 3 th day

subsequent to that of the registration or in the 1. the working day following that, when that day is not useful.

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Article 107.

Notifications to the mandators

1-The notifications to the defendants who have constituted mandatary are, whenever

possible, made in the person of this and in their professional domicile.

2-When the notification is in view of the convening of witnesses or experts, in addition to the

notification of these, it is further notified to the mandatary, indicating the date, place and the

reason for the comparency.

3-For the effects of the previous article, the accused, whenever they burrow witnesses, shall

provide all the necessary elements to your notification, specifically state

correctly the abode and the respective postal code concerning each of them.

4-The notifications referred to in the preceding paragraphs are made by registered letter, with

notice of receipt, applying to the same as the provisions of paragraphs 4, 5 and 6 of the article

previous.

Article 108.

Witnesses

1-The witnesses, experts or technical consultants appointed by the accused in the defence

should by it be presented on the date, time and place indicated by the instructor-led entity

of the process.

2-Except for the provisions of the previous number of the experts of the establishments,

official laboratories or services, as well as the agents of authority, albeit

arched by the accused, who must be notified by the administrative authority.

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SECTION III

Individual registration

Article 109.

Individual registration

1-A AFN is the entity responsible for the creation, maintenance and updating of the Registry

individual of each accused, with the nature of electronic registration, subject to

confidentiality, in which all the sanctions that are applied for it are released by

offences committed after the publication of this Code.

2-The individual register is organised in computerised central file, of it owing

record:

a) The identification of the entity that delivered the decision;

b) The identification of the accused;

c) The date and form of the decision;

d) The content of the decision and the precepts applied;

e) The ancillary sanctions and the precautionary measures applied;

f) The payment of the fine or fine;

g) The eventual execution of the fine and the expense of the process.

3-Registration of offences is cancelled when they pass three years after compliance

integral of the main or accessory sanction applied.

4-A The National Data Protection Commission (CNPD) accompanies and scrutinizes, in the

terms of the law on the protection of personal data, the operations referred to in the figures

previous.

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5-In proceedings where the responsibility of any defendants should be appreciated is

always put together a copy of the records that concern you, and the interested person may have

access to your registration whenever you request it.

6-You can still access the data set out in the individual record:

a) Judicial magistrates and the Public Prosecutor's Office for the purpose of criminal investigation

and of instruction of criminal proceedings;

b) The entities which, pursuant to the criminal procedural law, receive delegation to the

practice of acts of inquiry or instruction;

c) The official entities for the pursuit of public purposes to his post.

Title XIII

Transitional and final provisions

Article 110.

Fees

1-A issuance of opinions, as well as other services provided in the framework of the present

Code and supplementary legislation, are subject to fees whose value is set by porery

of the members of the government responsible for the area of forests.

2-The fees correspond to the effective cost of the services provided.

3-The rates referred to in paragraph 1 are updated annually on the basis of the price index to the

consumer, excluded housing.

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Article 111.

Existing territories submitted to the forest scheme

All areas submitted to the forest regime under the Decree of December 24 of

1901 and of the Decree of December 24, 1903 maintain the classification they hold, no

careening of new submission.

Article 112.

Declarations of necessary public utility

1-A declaration of necessary public utility and the declarations of undertakings

agricultural with relevant and sustainable interest for the local economy provided for in the

points a) and b ) of Article 44 (2) and in Article 45 (2), compete jointly

to the members of the Government responsible for the area of forests, with the tutelage of the

undertaking if it does not deal with agricultural project and the area of the environment, in the case

of there being no place the assessment of environmental impact.

2-For the purposes of the preceding paragraph, the bidder shall submit:

a) A descriptive and justifying memory that technically demonstrates the interest

economic and social of the venture, its sustainability and the non-existence of

valid alternatives as to their location;

b) The declaration of environmental impact when this is required.

3-In the cases of public infrastructure, notably road, rail,

port, airport, water supply or sanitation subject to

environmental impact assessment, the declaration of favorable environmental impact or

conditionally favourable amounts to the recognition of the indispensable utility

public of the action or of the relevant and sustainable interest for the local economy of the

endeavors.

4-The declarations of necessary public utility are for the duration of five years,

renewables, if the change in the assumptions that gave them origin is not to be found.

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Article 113.

Project of relevant general interest

1-Projects of relevant general interest as such as such declared by decree-law or

resolution of the council of ministers, may benefit from a special scheme of

specific compensatory measures and dismissing the declaration of essential utility

public provided for in the previous article.

2-In the decree-law or in the resolution of the council of ministers referred to in the number

previous shall be expressly provided for the special arrangements, as well as the dispensation of

statement of essential public utility.

Article 114.

Deadlines for authorisations and opinions

1-The authorisations provided for in this Code are issued, the requirement of the

interested, within 35 days by the competent entity, which has 10 days

Counted from the receipt of the application, to request the necessary opinions.

2-The entities consulted by the AFN, for the purpose of appearing, shall pronounce on the

period of 20 days from the date of making the process available, finless which without which

the opinion is issued, the procedure can proceed without the same.

3-A The competent authority to authorize may, where this is necessary and by

a single time, ask the applicant for additional relevant elements for the decision,

suspending, the time limit referred to in paragraph 1.

4-A lack of issuance of permit within the period provided for in paragraph 1 is equivalent to the dewound

tacit of the request.

5-The time limits provided for in this Article are imextendable.

Article 115.

Publicitation

All regulatory and technical standards, drawn up under this Code, are

mandatorily advertised on the site of Internet of AFN, regardless of other

compulsory publications.