Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No. 267 /X/4.
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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confers coherence to the already then pulverized, unstable and outdated legislative building.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.
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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.
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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.
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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;
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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;
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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.
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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.
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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.
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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
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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;
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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
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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.
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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
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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;
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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;
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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;
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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;
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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;
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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;
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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;
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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.