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Law No. 59 Of 29 October 1974 In Respect Of The Land Fund

Original Language Title:  LEGE nr. 59 din 29 octombrie 1974 cu privire la fondul funciar

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LEGE No. 59 of October 29, 1974 on the land fund
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 138 of 5 November 1974



+ EXPLANATORY MEMORANDUM The land, good of all the people, is indispensable to all activities, and in agriculture it is the main means of production, so as to how it is used and household it also depends on the degree to which it contributes to increasing the wealth national and the welfare of all people. As the national economy develops, every activity is necessary for increasing areas of land: at the same time, the requirements of agricultural and agri-food products of the population are also increased. Given the limited extent of the land fund of the country, as well as its different attributes, it is necessary to use it completely and rationally. Through the party and state documents concrete tasks were established on the line of rational use of the land fund, precious indications were given by the senior party leadership on the defense and improvement of agricultural land, such as and for taking in the culture of new surfaces and intensive use of existing agricultural land. Under the current conditions of forging the multilateral socialist society developed in our country, it is necessary and possible to ensure a unified regulation in the use of the earth, an effective use of it, to remove the unfavourable situation inherited, to be handed over and to complete in a single normative act all the legislative provisions, elaborated in previous years, especially since some of them no longer correspond to the current conditions. Starting from these premises, it was adopted the adjoining law that includes rules and measures by whose application to achieve full valorization and with the increased efficiency of all land of the country, regardless of their destination and owner. The land fund of the country was categorized, depending on the economic destination, in land with agricultural destination, forestry, land under water, land for human settlements and land with special destinations. This categorization is necessary because each of them, besides the fact that they are subject to unitary land regulations, also have specific legal regulations. Technical and legal rules and rules relating to the coordinated design and execution of soil improvement works, based on unitary concepts, in river basins and natural areas, shall be laid down. It was also delimited the contribution of land holders and the state's contribution for the execution of soil improvement works. For all owners of agricultural land, it was mandatory to work and cultivate the entire area, and non-agricultural socialist units that cannot work the lands that hold them to teach them in the use of socialist agricultural units to be grown. The use of agricultural land for purposes other than vegetable agricultural production is prohibited, the location of various investment and production objectives is to be done on unproductive land and in the buildable perimeters of localities. In exceptional and well-justified cases, agricultural land may be given another destination only if approved by presidential decree or by the Ministry of Agriculture and Food Industry *, as the case may be. In these cases, in order not to decrease the agricultural area, it is necessary to recover from non-productive land an area equal to that approved to be permanently removed from agricultural production. For the saving of land and the avoidance of waste it was foreseen that for all fields of activity technical regulations on the degree of land occupancy should be developed, with the obligation to improve their annual, in the sense of increasing the density between the objectives built and the final restriction of the built premises. For the harmonization of all activities in a certain natural or county area regarding the field needs, it was foreseen the elaboration of studies and projects of systematization of the territory, and at the level of agricultural units organization projects the territory. In order to know the land potential of the country was provided the establishment of the general land cadastre, whose preparation is answered by the Ministry of Agriculture and Food Industry. The main land owners can also draw up their own activity specific cadastre, using the basic data from the general cadastre. Regulations on the movement of agricultural land were also provided for. In order to stimulate the investment beneficiaries to be carried out, to use smaller areas for non-agricultural purposes, as well as enterprises to make full use of the surfaces in the built premises, it was foreseen that for the land State property to pay an annual fee. When the location of investment or production objectives is made on agricultural or forestry land, the beneficiaries will include in the investment value the cost of the land corresponding to deviz tariffs established according to the quality of the soil, the category of land use, the value of the works on them, as well as the value of agricultural and forestry production, in the case when it was not harvested or the forest vegetation did not reach the economic age of exploitation. In order to recover the agricultural land that is removed from the production, as well as for the arrangement and improvement of the poorly productive land, it was foreseen to establish a special fund at the disposal of the Ministry of Agriculture and Food Industry This fund will have as its source a part of the tax for the use of state property land and the amounts made from the application of deviz tariffs. As this fund improves throughout the year, as deposits are made, it was foreseen that the ministries and other central competent bodies would endorse the introduction during the year in the investment plan of the Ministry of Agriculture and the Ministry of Agriculture. The food industry is running from this fund. The coordination and control of the activity on the land fund was foreseen to return to the Ministry of Agriculture and Food Industry, and locally to the committees, respectively to the executive offices of the popular councils * *). For violation of legal provisions, material, civil, contravention or criminal sanctions were provided, as the case may be. ----------- Note *) The name "Ministry of Agriculture, Food and Water Industry" has been replaced by "Ministry of Agriculture and Food Industry", according to the provisions of art. 3 3 of the State Council Decree no. 73/1975, published in the Official Bulletin no. 72 72 of 14 July 1975. Note **) According to art. 11 11 para. 1 1 of Law no. 57/1968 on the organization and functioning of folk councils, published in the Official Bulletin no. 168 of 26 December 1968, as amended by art. 1 1 section 1 1 of Law no. 68/1974, published in the Official Bulletin no. 161 161 of 23 December 1974, and in accordance with the provisions of art. 2 of this law, where the case was, the name "executive committees of the popular councils", from the Law no. 59/1974 59/1974, was replaced by the name "committees, respectively the executive offices of the popular councils". The land, a decisive means of production in agriculture and forestry, represents a national good that is closely linked to the increase of the national wealth and the welfare of all the people. The population supply, constantly growing, with agri-food products and raw materials manufacturing industry, the upward development of the industry, the increase of the urbanization of localities, demand that the entire land of the country, limited as a stretch and irreplaceable, to be fully capitalized, with increased efficiency and as high efficiency as possible. To this end, all measures must be ensured for the best management and expansion of the agricultural area, especially the arable area, in order to maintain and enhance the fertility of the soil. At the same time, measures must be provided to remove any waste or degradation of land that damages both agricultural and forestry production and the entire national economy. It must also be strictly regulated the use of agricultural and forestry land for the development needs of other economic and social activities, aiming to eliminate the reduction of the area necessary for the realization of agricultural production And forestry. To this end, the Grand National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 All lands on the territory of the Socialist Republic of Romania, regardless of their destination or property, constitute the unique land fund in the Socialist Republic of Romania, national wealth to be used, protected and improved, in consistent with the interests of all people The full use, protection and improvement of the land fund are a primary duty of the bodies of power and state administration, of land holders, with any title, as well as of all citizens of our homeland. + Article 2 The full and increased efficiency of all land is carried out in a coordinated manner and in a unified conception, based on the programme of protection and improvement of the soil production capacity, as well as the strict application of the other measures to prevent and combat the sources of degradation or unreasonable use of the land fund of the country. Through the five-year and annual economic-social development plans of the country will be established the judicious distribution of the land fund on destinations and categories of use, for agriculture, forestry, fish farming, water management, as well as for other economic and social activities. + Article 3 After the destination, the land that makes up the unique land fund is divided into: agricultural land, forest land, land permanently under water, land for localities, as well as land with special destinations. a) Land with agricultural destination are: those used for vegetable production-arable, vineyards, orchards, vine and fruit nurseries, pastures, finesse, greenhouses, solariums and seedlings-, those with forest vegetation other than those included in forestry facilities, serving for the protection of agricultural land, land with forested meadows, land occupied with construction and agro-zootechnical installations and land improvements, agricultural exploitation roads, platforms and spaces of storage, serving the needs of agricultural production, land agricultural temporarily under water through floods, as well as any other land that, not having other uses, can be harnessed for agricultural production. b) Land with forest destination are: land covered with forests, land that serves the needs of culture, production or forest administration, as well as other land affected afforestation, determined by forestry facilities, which are will be final together with the other interested landowners. c) Lands permanently under the waters are: minor beds of watercourses, the words of lakes and natural puddles, the words of reservoirs at the maximum levels of restraint and the bottom of the inland sea waters and of the territorial sea. d) Lands for localities are those included in the building perimeter, approved according to the law, on which there are grouped living constructions, courtyards, social-cultural objectives, factories, plants, agro-zootechnical constructions, markets and networks street, as well as other land that serve the needs of construction and technical furnishings edilitary. e) Land with special destinations are those used for: road and rail communication routes, shipbuilding and air, with related buildings and installations, hydrotechnical and thermal constructions and installations, energy transport electrical and telecommunications, mining and oil operations, quarries of any kind, nature reserves and monuments, defense needs, as well as for other similar destinations. + Chapter 2 Soil protection and improvement + Article 4 Soil protection and improvement is an integral part of the country's overall economic and social development activity. They are carried out through works to prevent and combat the processes of: erosion, slips, floods, inmarination, saraturation, pollution, as well as other processes of degradation by natural way or caused by economic and social activities and have to maintain and improve the fertility and productive potential of all lands of the country. + Article 5 The soil protection and improvement works are established on the basis of studies and projects prepared by specialized design organizations, in correlation with those of organization and systematization of the territory; they apply and are executed by field holders or, by their care, by the units specialized in the execution of such works. The design and execution of these works are done on natural areas, agricultural units and categories of use. + Article 6 For the coordinated realization of works of common interest, according to the needs of agriculture, forestry, water management, communication routes, human settlements or other economic and social objectives and defense needs, documentation Technical provisions will be drawn up jointly by stakeholders. The documentation will also establish the contribution of the parties and the order of execution of the works. + Article 7 Work on regularization of water drainage on slopes and correction of torrents, which serve to defend and preserve irrigation works, indiguirs, desecations, reservoirs or other hydrotechnical works, communication paths, economic and social objectives, will be executed concurrently with the basic works. + Article 8 Those who design, execute, exploit or maintain the works of arrangement, protection and improvement of land, are obliged to take all necessary measures, so that these works do not degrade or affect negatively, immediately or in time, the conditions of fertility or exploitation of neighbouring land. + Article 9 Land that by degradation has lost, in whole or in part, its production capacity for agricultural or forestry crops, will be constituted in breeding perimeters. + Article 10 Individuals who own land degraded in breeding perimeters will be able to constitute in associations, within the communes, for the execution of works of arrangement and improvement. For this purpose will be used in the first place the own means from households and the contribution to work, for the execution of the works that will be established by the folk councils together with the specialized agricultural bodies. + Article 11 The responsibility for the execution, maintenance and security of the works of protection and improvement of the land lies with all the state, cooperative and public bodies and organizations, other legal entities, as well as individuals, who have in property or use these lands. + Chapter 3 Land use for plant agricultural production + Article 12 It is forbidden to shrink the agricultural area The Ministry of Agriculture and Food Industry and committees, respectively the executive offices of the popular councils are required to take measures for all land holders to maintain, protect and undertake actions to increase the area. agricultural. + Article 13 The owners of agricultural land are obliged to work and cultivate the entire land area they own, in compliance with the agro-technical rules, to take the necessary land development measures through land improvement works, fines and fertilization, as well as to carry out works to prevent and combat any other adverse factors of agricultural production. Socialist units with non-agricultural profile, which cannot ensure the cultivation for agricultural production of land they hold over the strict necessary conduct of specific production processes, will hand over these lands in use to cultivation, without payment, to socialist agricultural organizations. Land of any kind belonging to persons who, having their domicile in the Socialist Republic of Romania, permanently leave the country, pass without payment in state property. The provisions of the previous paragraph also apply to land owned by persons who permanently left the Socialist Republic of Romania before the entry into force of this law, as well as in the case of land inherited by persons who are not domiciled in the Socialist Republic of Romania. + Article 14 In order to increase the agricultural area, especially the arable area, the landowners are obliged to cultivate all their own land, not yet used, as they are: scrubs, stands of stands that do not have a role of protection or forest production, the agricultural roads and the unnecessary paths, the ends of the plots and the tarlals by the roads, the free lands in the courtyards, as well as those between constructions of any kind, the virane lands in the buildable perimeter of the localities, those around the pillars telecommunications, transmission and distribution of electricity, those located along the paths of communications, as well as other similar lands. The Ministry of Agriculture and Food Industry and the committees, respectively the executive offices of the folk councils will establish, through annual plans, on communes and agricultural units the sources of land to be transformed into arable, for ensuring the area planned to be grown. The Ministry of Agriculture and Food Industry and the executive committees of the county folk councils are obliged to take the necessary measures so that all free surfaces in the buildable perimeters of the localities are cultivated on the basis of the plans drawn up for this purpose by the committees and the executive offices of the popular councils. The committees, namely the executive offices of the popular councils also have the obligation to take measures for the cultivation in parks and green spaces of trees and shrubs, to economically capitalize on the respective spaces. + Article 15 The location of the agro-zootechnical and social-cultural industrial objectives is done in the buildable perimeter of the localities, in compliance with the provisions of systematization and other conditions established by law. The location of these objectives will be done in the first place on unproductive land or unsuitable for agricultural production, which will be indicated by the agricultural units and bodies. It is forbidden to place the objectives, of any kind, on land set up for irrigation, as well as those planted with fruit trees and vines. The location of the objectives, of any kind, must not affect, under any circumstances, the normal conduct of the activity on the neighbouring agricultural and forestry land with them. + Article 16 Exceptionally, land for plant, agricultural and forestry production or other land located outside the building perimeter of the localities, as well as, when for the same objective are necessary land located both in the building or its use, permanently or temporarily, for purposes other than vegetable, agricultural or forestry production, may be made only on the basis of prior approval obtained by decree presidential. The agricultural or forestry land in the building perimeter of the localities, approved according to the law, will be able to be occupied or used, definitively or temporarily, for purposes other than vegetable or forestry agricultural production only on the basis of approvals prior data, as the case may be, by order of the Minister of Agriculture and Food Industry or, respectively, the Minister of Forestry Economy and Building Materials. + Article 17 Beneficiaries who have obtained approval to place investment or production objectives on agricultural land will recover, through their own units or specialized units, an area equivalent to that occupied definitively, by transforming some non-agricultural or unproductive land. In these cases, the general assembly of agricultural production cooperatives, the heads of state agricultural units, as well as the county agricultural body or the city of Bucharest, have the obligation to provide in the agreements and, respectively, the opinions they issue, the land to be recovered, responding together with the investment beneficiaries to carry out the recovery action. The recovery of land shall be anticipated or at the latest by the date fixed in the act giving approval to the final removal from the agricultural production of these areas, so as not to decrease the agricultural area and in particular the arable. + Article 18 In the approvals for the removal from the agricultural production of the land necessary for the land improvement works will be specified both the land that is recovered, according to the provisions of art. 17, as well as those that are valued in higher categories of use or that render agricultural production within the perimeters that are the subject of these works, as well as the term of their realization. In the action to capitalize on land for agriculture and forestry, the areas in the beds of abandoned or rendered water courses will also be included as a result of the regularization works. + Article 19 The beneficiaries of the investment or production objectives located on agricultural land are obliged to take measures prior to the execution of the construction of the objectives, to cover the fertile layer and other layers of depth rich in the elements fertilizers on the surfaces of approved sites, to store and level on unproductive or poorly productive land, indicated by agricultural bodies, in order to highlight and improve them. + Article 20 Agricultural and forestry land, to which the destination is to be changed temporarily, to be used for the execution of works of geological, geophysical and hydrotechnical prospections and explorations of any kind, as well as to the works related to them, are approved estimatively, by areas and counties, at the beginning of the year, by the bodies provided in art. 16 16. Within the limits of the approved areas, their delimitation and the term of their temporary use shall be made, as the case may be, by the county agricultural or forestry bodies or the city of Bucharest. + Article 21 Telecommunications and electricity transmission and distribution lines, transport pipelines for water supply, sewerage, petroleum products, gas, as well as other similar installations, will be grouped and systematised throughout and in the future. close proximity to the communication routes, the levees and the irrigation and dissecting channels, in such a way that the crops are not degraded and the execution of agricultural works is not extinguished. The occupation of land in such cases is done with the approval of the county agricultural bodies or the city of Bucharest, as well as with the agreement of land owners Location under conditions other than those of par. 1 is done with the approvals provided in art. 16. + Article 22 The occupation of the land necessary to remedy the disturbances in case of damage and the execution of maintenance works to the objectives provided in art. 21, which are of an urgent nature and which are executed in a period of time of up to 30 days, will be made only on the basis of the prior agreement of the owners of land. If such an agreement has not been made, the executive committee of the county folk council or the city of Bucharest will be approved. + Article 23 The beneficiaries of the investment or production objectives are obliged to take measures, since the elaboration phase of the technical documentation, in order to restrict the land to the necessary damage, falling within the synthetic indices regarding the occupancy of the land referred to in Annex no. 1, which constitute minimum limits. On the basis of the results and technological research and the criteria set out in Annex no. 1, the ministries and the other central and local organs, the titulation of the investment plan, periodically, will take measures to increase the occupancy of the land and improve the normatives on the land necessary to place the objectives economic and social, in the sense of their occupation of smaller and smaller areas. + Article 24 The beneficiaries of investment or production works, who own land that they no longer use in the production process, such as those left behind the excavation of raw materials-clay, kaolin, coal, gravel-, parasite probes and others, are obliged to take the necessary measures to level and arrange them, giving them an agricultural use, and if this is not possible, a fish or forestry use. Beneficiaries of works provided in par. 1 will not be approved of removal from agricultural or forestry production of other land, if they have not complied with the provisions of that paragraph. + Article 25 If the location of investment or production works is affected by the use or production process and other agricultural land than those for which the approval of the removal from plant agricultural production, the beneficiaries of these works are obliged to execute with their own means the restoration and development works necessary to continue, under the same conditions, the agricultural production process on the affected land. + Article 26 Socialist units that benefit from land temporarily removed from vegetable agricultural production are obliged to restore with their own means these lands of agricultural production, within the approved term and in production conditions to ensure yields on the level of those initially taken over. The non-production of land in plant agricultural production, within the approved term and in proper operating conditions, attracts, besides the application of legal sanctions, the loss of the right to obtain new approvals of location or extension of other objectives on agricultural land. + Article 27 Changing the use of arable land in another category of agricultural use is prohibited. In particular cases, the use of arable land for the completion of vine and fruit massifs, from established areas, is approved by presidential decree, provided that an equivalent arable area is recovered early. The change of the other categories of use of agricultural land in another category of agricultural use is based on the prior approval given by the Ministry of Agriculture and Food Industry, for land in the possession of units Socialist and other legal entities, and county agricultural bodies or Bucharest municipality for land property of individuals. + Chapter 4 Systematization and organization of agriculture + Article 28 In order to ensure the rational use of the land fund and to increase agricultural production in accordance with the needs of the national economy and taking into account the natural and economic-social conditions, systematization studies and projects of organization of agricultural territory. + Article 29 The studies of systematization of agricultural territory are drawn up by county, by natural or economic areas, in correlation with the actions of general systematization of the territory, and will solve the following problems as a whole: a) linking the development of agriculture with the other branches of the economy in the territory and with the program of development of rural and urban localities; b) grouping of land on destinations and keepers, as well as exchange between them, in order to use the land fund with high efficiency; c) the realization of a direct link between territorial areas and agricultural production areas, as well as the concretization of the possibilities of cooperation and association between agricultural units, for the superior valorization of all land areas contained in the works of systematization and organization of the territory; d) establishing the needs of equipping and equipping the territory for its use with high economy. + Article 30 The projects of organization of the territory are drawn up on agricultural units and will ensure the grouping of their land, within economic perimeters and in compact, mechanisable bodies, merged around the production centers and around localities, thus ensuring the use with maximum efficiency, in agricultural production, of the entire land area, including those between constructions, as well as the restriction to the necessary damage of the network of agricultural exploitation roads. + Article 31 The studies of systematization of agricultural territory and projects of organization of the territory of socialist agricultural units shall be elaborated by the design organizations of the Ministry of Agriculture and Food Industry or of agricultural bodies county. + Article 32 For the purpose of efficient agricultural exploitation of land, land and land exchange may be carried out between different holders, which shall be approved, as follows: a) of the executive committees of the county folk councils and of the city of Bucharest, when the exchange of land is made between the agricultural production cooperatives and the individuals, as well as between individuals; b) by the Ministry of Agriculture and Food Industry in all other cases, except for the land owned by the state located in the building perimeter of the localities, under the administration of administrative-territorial units, on the proposal executive committees of the county folk councils and the city of Bucharest. In all cases, the consent of the holders will be taken upon approval of the land exchange, as well as the opinion of the superior hierarchical organ of the land-holding units If the parties do not agree on the exchange of land, the bodies referred to in lett. a) and b) will decide, taking into account the interests of the state and the public. Within the framework of the merger action, the change of destination and the category of land use is made according to the legal provisions. + Article 33 The exchange of agricultural land shall be made in equal areas or by equivalence, where the land subject to exchange differs in respect of fertility or the category of use. If on land that changes for the merging and systematization of agricultural units, investment objectives are found, they are valued at their real value, and the beneficiary taking over the assessed goods will compensate the other parts the difference of value received over the goods given in return. + Article 34 By the exchange carried out in the framework of the merging or exchange works, each land shall bring down the legal situation of the land which it replaces, in compliance with the actual rights. The acts of exchange concluded in the framework of the works of merger and exchange, as well as all the operations in connection with them, shall be exempt from any tax. + Article 35 The possession of new owners shall be made only after the approval of the exchange of land no later than 30 days after the date of approval, if the parties have not agreed other terms. The possession is made by the delegate of the county cadastre office and the organization of the territory, in the presence of the interested parties. + Article 36 When the land exchanges between the administrative-territorial units determine amendments to the decisions between them, the approval of the modification of the decisions of the units concerned shall be given by the executive committee of the county folk council or of the city of Bucharest on whose territory the exchanges take place. If the rectification affects the borders of the counties or the city of Bucharest, without affecting the belonging of the localities to the counties concerned, the amendment approval is given by the Council of Ministers. + Chapter 5 Land cadastre + Article 37 The general land cadastre is the system of general and compulsory record of the entire land fund in the Socialist Republic of Romania, regardless of the owners and the destination of the land; it is drawn up and related to the county cadastre offices and the organization of the territory, on communes, cities and municipalities. + Article 38 Through the general land cadastre is carried out: a) the measurement of land, of the areas occupied by constructions and the preparation of cadastral maps, plans and registers; b) the establishment of the destination and the registration of the land use category, the appreciation of their production potential and the highlighting of all the land resources of the country; c) the registration of the owners and the title on the basis of which they possess, as well as the legal acts on the real rights constituted on land or constructions, in order to ensure their advertising and their opposability to third parties. + Article 39 The Ministry of Agriculture and Food Industry organizes, directs and controls the introduction and keeping up to date of the general land cadastre throughout the country, on the basis of which it prepares annually the balance of the general land fund and coordinates, according to law, geographic-topographic activity across the country. The executive committees of the county folk councils and the city of Bucharest-through the county cadastre offices and the organization of the territory-are responsible for the organization, guidance and execution of the general land cadastre works and the up-to-date cadastral records, for land and constructions located within the perimeter of the respective administrative-territorial units. For this purpose, land and construction owners are obliged to communicate to the county cadastre office and the organization of the territory, any change made, compared to the last data entered in the cadastral documents, no later than 60 days from their production. + Article 40 In the documents of the land cadastre general are registered, according to the legal norms on property rights, land and constructions that constitute: state property, cooperative property or other public organizations, property personal and private property. The identification of the owners and the real rights on the land and constructions on them, is done through the care of the committees, namely the executive offices of the communal, city and municipal folk councils. + Article 41 After the preparation of the general land cadastre works on the territory of a commune, city or municipality, the committee, respectively the executive office of the popular council will display at its headquarters, in 30 days, the list of identified owners, putting at the same time at their disposal and of the other interested persons, the cadastral documentation drawn up, for consultation. Appeals about the accuracy of the data entered in the cadastral registers and plans may be submitted in writing within 60 days of the listing of the lists. The committees, respectively the executive offices of the popular councils will consider and resolve the appeals within 30 days of their submission. Those dissatisfied with the way the appeals have been resolved can make complaints to the court in whose territorial area the land or construction in question is located. Following the completion of all the documents of the general land cadastre, regarding the territory of a commune, city or municipality, the executive committee of the respective county folk council, or of the city of Bucharest, will issue the decision application of the general land cadastre on that territory. + Article 42 The main documents that are elaborated by the general land cadastre works are: the file of the decisions, the maps and the cadastral plans, as well as the registers and cadastral sheets. As data on the owner, destination, category of use, surface and qualitative characteristics of the land, only those registered in the general land cadastre will be used. + Article 43 Depending on the general interests of the state and the specific needs of certain branches of the national economy, which hold land or construction, ministries or other central organs can organize their special records, using as basic data only on the past in the general land cadastre. + Chapter 6 Agricultural land circulation + Article 44 The endowment of agricultural land can be done only through legal inheritance, being forbidden to dispose or acquire through legal acts of these lands. + Article 45 In order to ensure rational cultivation of the land, those who bring down agricultural land, through legal inheritance, are obliged to ensure the continuation of agricultural work on those lands and to have or to acquire their agricultural knowledge proper. If none of the heirs meets the requirements of the previous paragraph, the lands shall put into use the socialist organizations designated by the executive committees of the county folk councils or the city of Bucharest. Land use can be returned to the heirs at their request, in 2 years, by the same organs, if they find that they meet the conditions provided in par. 1. For minor heirs, the 2-year term is calculated from the date when they become major. On reaching the 2-year term the land passes into state property. + Article 46 The takeover of the inherited agricultural land, as well as the division between heirs, is authorized by: a) the executive committee of the county folk council or of the city of Bucharest, for the lands located outside the building perimeter of the localities, based on the opinions of the county agricultural bodies or the city of Bucharest, as the case may be b) the committees, respectively the executive offices of the communal, city and municipal folk councils, for the lands located in the buildable perimeter of the localities. The division of agricultural land agreed between heirs is made only by authentic inscription. + Article 47 Any alienation, interest or division made in violation of the provisions provided in art. 44-46 is null and void. The nullity can be invoked by the prosecutor, the Ministry of Agriculture and Food Industry, the committee, respectively the executive office of the popular council, as well as any interested person and is found by judicial decision. + Article 48 The way and conditions for issuing permits to take over or divide agricultural land are established by the Ministry of Agriculture and Food Industry following that, by dividing, agricultural land is not excessively parceled and not to be parceled. create opportunities for the exploitation of labour in agriculture. + Article 49 The competent bodies will not authenticate the acts of division if the parties do not present the authorization provided by law. + Article 50 Authorization to take over or divide, issued under the conditions of art. 46, is valid for 6 months from the date of issue, with the possibility of extending it by the issuer, for another 6 months. + Chapter 7 Financial measures to protect the land fund A. Tax for the use of state property land + Article 51 The state economic units, cooperatives and other public organizations, are obliged to pay an annual fee for the state land used by them for purposes other than vegetable or forestry agricultural production, according to the annex No. 2. In the category of land provided for in this Article, the constructed and unbuilt areas under direct administration or use of economic units intended for their economic activity, including those used for roads and railways, as well as the areas used for administrative headquarters, clubs, crèches, dormitories, canteens, dwellings, swimming pools, fields and gyms, parks and other land with similar destinations. + Article 52 The payment of the land use tax is carried out by the economic units operating on the principle of economic management and use state property land subject to the payment of this tax. + Article 53 The Council of Ministers may grant, in justified cases, reductions or exemptions from the payment of the land use tax, regulated by this Law. B. The deviz rates for the use of agricultural and forestry land for purposes other than agricultural or forestry agricultural production + Article 54 For the use of agricultural land, definitively or temporarily, for purposes other than vegetable agricultural production, the beneficiary socialist units will include in the value of deviz of investment or production works, to be used. execute, the amounts resulting from the application of the deviz tariffs set out in Annex no 3. The deviz tariffs are differentiated according to the category of use and the quality of the agricultural land. The classification of agricultural land is that set out in Annex no 4. + Article 55 Socialist units benefiting from investment or production works, carried out for purposes other than forestry, for whose execution are necessary land that are removed from forest production, definitively or temporarily, will include in the value of the deviation of these works amounts resulting from the application of the deviz tariffs set out in Annex no. 5. + Article 56 The deviz tariffs represent the protection fees, as well as the amounts due to the holders of agricultural or forestry land, as compensation. C. How to use funds made by applying financial measures to protect the land fund + Article 57 In order to recover by offsetting the land areas that are definitively removed from the plant agricultural production, as well as for the arrangement and improvement of some agricultural land with reduced productivity, a special fund of the amounts representing the protection fees payable for the use, definitively or temporarily, of agricultural land for purposes other than vegetable agricultural production, calculated under the conditions of Annex no. 3. The protection fees shall be transferred, by those who owe them, to the Food and Agriculture Bank in a special account called: "Fund for development and improvement of the land fund" opened at the disposal of the Ministry of Agriculture and Food Industry. In case of necessity, the state budget may approve the special fund to be completed with some of the amounts from the state property tax, corresponding to the needs of the programs approved by the Council of Ministers on the recovery, improvement and arrangement of land for agriculture. + Article 58 For the implementation of agricultural production of new land and for the improvement of the poorly productive ones, the State Planning Committee, the Ministry of Finance and the Ministry of Technical-Materials and Management of Funds Management are authorized Fixed, to endorse during the year, as the establishment of the special fund, the introduction to the investment plan of the Ministry of Agriculture and Food Industry, as a distinct position, the necessary technical-material works and basis. + Article 59 The Ministry of Agriculture and Food Industry will breakdown annually, by county, the volumes of works to be executed according to the provisions of art. 57, assuring from the special account the necessary funds. The executive committees of the county folk councils and the city of Bucharest will allocate these funds and the volumes of works on state and cooperative agricultural units, holders of unproductive and poorly productive land to be improved in directing or through specialised units. In particular situations, for large works of general interest, the state will be able to provide free of charge mechanized execution of earthworks, building materials, planting material, seeds, as well as technical design and assistance, at execution of works on degraded land owned by individuals in the breeding perimeters, which will be financed from the fund established according to art. 57. + Article 60 The amounts left unused at the end of the year, from the special fund, shall be carried over and made available to the Ministry of Agriculture and Food Industry. + Article 61 Beneficiaries of investments or production that recover land for agricultural production in the compensation of the decommissioned, will not turn to the Bank for Agriculture and Food Industry the amounts representing the protection fees according to the provisions Annex No 3. If the expenses for recovery are lower than the protection fees, they will pour into the special fund only 50% of the differences between the deviz tariffs and the amounts spent with the recovery works. When these expenses are higher than the protection fees, the difference will be borne by the beneficiary of the investment or production works, which will be provided for in the general estimate of the work. + Article 62 The cooperative units in agriculture do not owe, for the works on their own land, the protection fees provided for in this law. Agricultural production cooperatives will use the amounts obtained from the expropriation or temporary use of land their property, to recover land, as the case may be, by clearing, by attracting in culture, other areas of unproductive land as well as for the improvement of the poorly productive. + Article 63 Amounts resulting from the application of the tariffs set out in Annex 5, for the use of forest land for purposes other than forest production and for forest clearing, shall be shed by the beneficiary socialist unit of the investment or production work, to the state budget. + Chapter 8 Guidance and control of work on the land fund + Article 64 Coordination and control regarding the use according to the destination, of all the land that makes up the unique land fund of the Socialist Republic of Romania, is exercised by the Ministry of Agriculture and Food Industry. The administration and use of land shall be made by their holders, according to their destination, in accordance with the special laws, the provisions of which shall be completed with those of this law. + Article 65 The executive committees of the county folk councils and the city of Bucharest exercise, locally, the attributions provided for in the previous article, through the county cadastre offices and the organization of the territory. These offices also respond to the Ministry of Agriculture and Food Industry of how they perform these duties. + Article 66 The Ministry of Agriculture and Food Industry and the committees, respectively the executive offices of the popular councils have the obligation to control and ensure the necessary measures by the agricultural production units, by all workers in agriculture, cooperative members and peasants with personal and individual households, for the full and high return value of the land they own. The leaders of agricultural units, as well as specialists in agriculture, are responsible for the rational use, protection and improvement of the entire land area of the units in which they operate. + Article 67 The Ministry of Agriculture and Food Industry will establish the Land Fund Council, as a collective working body. From this organ will be highly qualified specialists and with long activity in the field of land management, from production units, design, research, education, as well as from central organs holding land. + Chapter 9 Sanctions + Article 68 The violation of this law attracts disciplinary, material, civil, contravention or criminal liability, as the case may be. + Article 69 Degradation of agricultural land, destruction or degradation of works of land improvements, crops, vineyards, orchards, pastures and finesse, borns and topographic or geodetic signs, or preventing the taking of conservation measures or the rescue of such goods, as well as the removal of these measures, constitute crimes and are punishable according to art. 217, 218 and 231 of the Criminal Code, as appropriate. The occupation of agricultural land, the reduction of the agricultural area and the change of the category of use of agricultural land, without approval, received under the law, repeatedly enjoyed, constitutes a crime, when the first offense was sanctioned contraventionally and is punishable by imprisonment from one month to one year, or with criminal fine. + Article 70 The contraventions to the rules on the record, use, protection and improvement of agricultural land, as well as the persons competent to find them and to apply contravention sanctions, shall be established by decision of the Council of Ministers. Contravention sanctions also apply to legal entities. Fines imposed on socialist units will be charged to individuals guilty of enjoying the contravention. + Article 71 If the owner of an agricultural land violates the provisions of art. 13 13 para. 1 and was sanctioned contraventionally and continues to contravene the same provisions in the following year, the executive committees of the county folk councils and the city of Bucharest, on the proposal of the committees, namely the executive offices of The folk councils of the localities where the land is located, will assign, in use, these lands to the socialist agricultural units that can ensure their putting into production, without compensation for the owners. At the request of the former owners they will be able to return these lands to the organs that ordered the takeover, if they find that the necessary conditions for their cultivation are ensured, according to the law. + Article 72 Non-compliance with the legal norms on the calculation and payment of the state property land use tax is sanctioned contraventionally according to the legal provisions on financial discipline, taxes, fees and insurance premiums. + Chapter 10 Final and transitional provisions + Article 73 The legal regime of land, other than agricultural ones, which make up different parts of the land fund, is the one provided for in special laws, the provisions of which are completed with the provisions contained in this law. The regime of land movement property of socialist units is regulated by special legal provisions. + Article 74 The Annexes mentioned in this Law are an integral part thereof. + Article 75 Organization of the real estate advertising system through the land cadastre, according to art. 38 lit. c), as well as the procedure for the registration of land and construction owners and of the actual rights constituted on them in order to record and the opposability of rights to third parties, shall be established by special law. + Article 76 The Ministry of Agriculture and Food Industry together with the executive committees of the county folk councils and the city of Bucharest, within 6 months from the publication in the Official Bulletin of the Socialist Republic of Romania of the present law, will take the following measures: a) identification of unproductive or degraded land to be made available, on request, by agricultural bodies, as sites for different investment or production objectives, as well as those that can be recovered for agriculture; b) inventory of all land in the premises of industrial, agrootechnical, social-cultural and other units, in order to establish the areas to be used in agricultural production. + Article 77 The provisions on the payment of the usage fee for the state property land come into force with the retrenchment of the production and delivery prices, in accordance with the provisions Law no. 19/1971 on the price and tariff arrangements. In the sectors of activities in which the retrenched production and delivery prices entered into force before 31 December 1974, the provisions of this Law on the payment of the duty for the use of land owned by the State shall apply from 1 January 1975 For economic units carrying out activities that are not subject to the retrenchments of production and delivery prices, the deadlines for the entry into force of the provisions on the payment of the tax shall be established by the Council of Ministers. + Article 78 From the date of entry into force of the provisions of the present law on the payment of land use tax for units that have the obligation to pay them, the provisions regarding the tax on land located in cities, contained in Decree no. 18/1952 establishing local taxes and fees. + Article 79 The date of entry into force of this Law shall be repealed: Decree no. 151 151 of 10 June 1950 for the merging and circulation of agricultural goods; Decree no. 281 281 of 15 July 1955 on the establishment of the land record scheme; Decision of the Council of Ministers no. 1240 1240 of 2 July 1955 on the organisation of land records on holders and the use of land; Decision of the Council of Ministers no. 625 625 of 26 April 1956 on certain measures for the attribution and use of agricultural land for construction works; Decision of the Council of Ministers no. 1318 1318 of 31 October 1956 on the regulation of the categories of use of agricultural land; art. 2 2 para. 1 1 of Law no. 3 3 of 28 December 1962 , republished pursuant to art. 3 3 of Decree no. 45/1969 45/1969; Law no. 12 12 of 14 May 1968 on defence, conservation and use of agricultural land; Decision of the Council of Ministers no. 1539 1539 of 17 July 1968 on the establishment of deviz tariffs for the use of agricultural land for purposes other than vegetable agricultural production; Decision of the Council of Ministers no. 853 853 of 24 April 1969 on the establishment of deviz tariffs for land taken from the forest fund and for the clearing of forests for the execution of investment or production works; Decision of the Council of Ministers no. 220 220 of 15 March 1973 for the approval of synthetic norms on the occupancy of agricultural land with productive and non-productive investment objectives, as well as production, and any other contrary provisions. + Annex 1 SYNTHETIC INDICES encompassing the degree of land occupancy with productive and non-productive investment objectives as well as production No. 1.The Ministry of Forestry and Construction Materials) Factory for Wood Industry:-Cherestea81-86-Factory of Plywood 83-87-Factory by P.F.L. 80-89 -factories of P.A.L. 85-89-furniture factories 83-90-paper, cellulose or confectii82-85 b) Construction materials industry: -cement plants and var82-azbociment85 factories-ceramics82-90-glass factories 82-insulating material factories 82-plastics processing plants for constructions80-prefabrication factories 82-83-industry ballastiera82-machinery plants and spare parts 2.Ministry of Technical Supply-Materials and Control of Household Funds-deposits and platform90-95 3.Ministry of Agriculture and Food Industry Built spaces %Spaces of protection grown% a) zootechnical constructions: -farms of 600-1000 vaci801090-farms youth fattendation taurin702090-farms porci603292 fattening-farms growing ovine603090-farm hens ouatoare503787-breeding hens breeding 504090-chicken farms carne702090-grain silos 90595- b) the food industry: the food industry: -sugar factories 85-90-oil factories 85-90-breweries 85-90-storage and conditioning centers vin85-90-complex and winemaking centers 85-90-deviation85-90-milling and panifications85-90-maize mills 85-90-factories piine85-90-refrigerated warehouses 85-90-canned vegetable and fruit factories, juices, etc. 85-90-tomato paste sections 85-90-dairy products85-90-powders powder85-90 c) construction hortiviticole: -complex of sere80-83-solarii80-85-deposits for the conditioning and valorization of vegetables and fructelor82-84 d) land improvements: -works of land improvements 96-99-precinct and cantoane89-90 4.The Central Union of Crafts Cooperatives-diverse84-86 workshops-laundries, cleaners, painters86-materials85-complex desservire90 5.The Ministry Trade Inner-food and non-food storage 85-86-packages88-94 6.Ministry of the Metallurgical Industry-steel plants 75-80-refractory products80-extractive metallurgical plants and non-ferrous metal machines80 -metal waste processing bases 85-supply bases and desfacere85 7.The Ministry of Education and Education-general schools 80-85-licee82-84-kindergarten-crese80-vocational schools 80-82-high schools of speciality80-83 8.Ministry of Industrial Constructions-production bases 82-pre-fabrications80- aggregatelor85 sorting stations-machinery workshops, spare parts, clothing and metal timplaries82-85-maintenance and repair stations 85-boiler encamps60-70 9.Ministry of Mines, Oil and Geologieia) mining sector: -extraction or (and) preparation mining enclosures for coals, non-ferrous and non-metallic 70-80-halda, tailings pond, catchment stations, water treatment, purification, tanks, etc. 90-100-surface deposits, funicular, strip trails transporters, career100 b) oil and gas sector: -installations for the sound drilling 50-80-installations for the production of large adincim75-86 wells-separator parks for crude oil, gas and water 58-67-crude oil deposits and treatment plants 39-44-degas plants 57-65- Gas drying stations 30-58-compressor stations 55-66-waste water treatment plants 28-48-water injection stations in the deposit 45-71-injection spreaders 65-81-boiler batters37-61-transformer substances77-90 c) geologic sector: -seismic works trie100-electrometrie100-boreholes with sondeze70-81-boreholes with sonde60-75-galerii66-72-puturi65-81-enclosures of acces33-41-deposits for explosive materials 17-transport100 pipelines-groups social-administrative65-70 10.Ministry of Chemical Industry-Polyneitrilacrylic fiber plants, polyester yarns and fibers and polyamides 82-85-Drug factories 80-varnish plants, paints, resins, inks, tires and for processing plastics 78-85-organice75-78-industrial synthesis factories-inorganic chemistry industry and fertilizers (plants and combined nitrogen fertilizers, phosphorus, potassium, soda, etc.) 73-97-basic organic chemical and petrochemical industry (pyrolysis, acrylonitrile, CIAN group, polyethylene, ethylene oxide and glycol, ethylbenzene, styrene, polymers and copolymers, prometrin, rubber complex, polyisoprene, chlorosodic products, electrolysis, tiocoli plant, etc.) 76-86-refineries-fuel-69-72-fuels and process78-82-deposit70-83-bottling stations gaze74-76-station PECO80 11.Ministry of Machine Construction Industry *)-Technological machines75- construction of aggregates and mechanical machines75-85-shipbuilding 70-80-metal constructions and casangeries75-80-mechanical fina80-85-motor vehicles, agricultural machinery 75-80-metal products 75-85-rolling stock and accessories75-80- electrotechnic80-85-electronica80-90-supply and desfacere80-90 *) The name "Minist of the Machine Construction Industry" and the denum of the "Ministry in the dustria of the Heavy Machine Constructions" and " M inister Indus triei Constructiilo r de Masini-Unelte and Electrotechnicii " as a trace of the country, by merging it to the two ministries, of the Ministry of Indust riei Const of Machine ructions by the Decree of the State Council no. 107/197 5, publi as in the Bulletin of icial no. 95 95 of 1 September 1975. 12.Ministry of Light Industry-knitwear and garment factories, footwear, porcelain, glass and tanners85-fillets and weavers, articles factories d rubber, housewives and parts of change 90-toppers in and cinepa60-75 13.Union Central of the Consumer Cooperatives-village shops, commercial complexes,-restaurants and units services85-tourist units 70-bakeries and warehouses marfuri85 14.The Council of Culture and Education-cultural hostels 80-85-houses cultura75-80-theatres, cinemas, libraries, etc. 80-85 15.Socialist Committee for The problems of the Boards of Population) construction:-production bases, workshops and polygons of prefabricated, of metal confections and timplars, of machinery and spare parts 80-aggregates sorting, maintenance and repair stations 85 b) household Communal:-drinking water treatment plants-80-85-reservoirs for water storage 80-85-wastewater treatment plants 80-operating bases, maintenance and parking for motor vehicles 80 c) local industry: -piine factories, corn mill 80-81-wheat mill, bottling units mineral water 80-82-refreshment unit refresh82-84-ice factories 83-85-CO284-86 factories-baka82-90 ceramic factories-aggregatelor82-85 sorting stations -self-service stations, washes and chemical cleaners 85-the rest of the objectives of the local industry83-87 d) roads (works or construction annexes related to public roads): -cantons, road maintenance stations 80-complex brigade headquarters and disapezire85 bases-station or maintenance workshop for machinery, crushing, sorting and washing of aggregatelor80-85-workshops and polygons prefabricate80-85-cement concrete preparation stations-minim85-asphalt mixing preparation stations-minim75 16.Ministry of Health-dispensare84-85-policlinici85-spitale85-dental centers 84-85-crese85-offices 17.The Ministry of Transport and Telecommunication-stations maintenance of auto80-autogari90-intermediate stations of c.f.75-technical stations of c.f. road triages ferata80 85-locomotyve70-equipment points locomotives, workshops, ST, L, MAC, SUC65-technical group passenger cars, revisions of vagoane75-car wash spaces, zona70 workshops-development of mechanical plants of rolling stock and of existing impregnated plants 80 18.Ministry of electricity-electricalce80-85-site organisation80-85 For other objectives than those provided for in this annex, the ministries and other central bodies concerned will develop normative and specific criteria that will be approved by the joint order of the Ministry of Agriculture and Food Industry, The Ministry of Industrial Construction, the Committee on the Issues of the People's Councils and the General State Inspectorate for Control and Directiveness in the Design and Execution of Construction. In all cases, in order to restrict the use of land for purposes other than vegetable agricultural production and their use as efficient as possible, ministries, central and local bodies, beneficiaries of investment works of any kind, project organizations, study and research institutes, as well as the central commission and systematized local commissions, will take the following measures: a) the choice of land for the location variants of the investment objectives, as well as the production, to be made by the investment beneficiaries in the preliminary phase of studies, together with the county agricultural bodies or the city of Bucharest; b) the continuous reduction of the land areas necessary for the location of the investment objectives, as well as the production, by: -the merging and concentration of construction works of all types, the search for the means and methods of building construction on several levels and other ways to reduce the built spaces and the more intensive use of technological spaces and existing or proposed premises in the future; -the merging of plant networks and the restriction of roads, platforms and all ancillary constructions; -reduction of storage platforms and surfaces by restricting the indices of immobilization of raw material, machinery; -the location of the site organization works, as a rule, on the free lands inside the localities, on non-productive land and on the basis of area systematization studies and the priority use of definitive works or utilities the basic investment, as organization works, to reduce to the necessary damage of the land occupied by the site organization, as well as to avoid the occupation of crop fields; -the prevention of railway connections only on the basis of a thorough technical-economic analysis justifying their appropriateness; -the full extraction of the raw material from the existing clay, sand and the like, prohibiting the making of requests for new land before the exhaustion of all the reserves in the existing quarries; c) continuous reduction of the land areas necessary for the location of electricity transmission and distribution lines, by: -adoption of design solutions for the construction of electricity transmission and distribution lines with double circuit; -the design of medium voltage lines (12-20 kv) on common supports with low voltage lines; -the design of the stations ' connection lines, on supports for several circuits, in order to systematize, enter and exit the lines of the stations, as well as other solutions that lead to the rational use of land. + Annex 2 FEE FOR THE USE OF STATE LAND 1. Fee for land located on premises of economic units A. for land located in the buildable perimeter of the localities is charged an annual fee differentiated by categories of localities and by areas within the localities, as follows: -lei/square meter-Zone within localitiesLocal urban Localities Category IIIIIIIV A15,0010,004,002,002,00 B8,005,502,251,501,50 C4,503,001,50 -- D3,002,00 --- For land located in the component localities of the municipalities and towns, in the suburban communes and their component villages, as well as in the villages belonging to the cities, the minimum tax corresponding to the category to which that belongs urban locality. The classification of urban localities in the above categories is based on their economic and social importance, as follows: 1. Bucharest municipality falls under category I of localities; 2. the county seat municipalities, as well as the municipality of Hunedoara, fall under category II of localities, except for the municipalities of Alba Iulia, Botosani, Deva, Focsani, Piatra-Neamt, Rimnicu Vilcea, Tirgu Jiu, Drobeta-Turnu Severin and Tulcea, which are falls under category III of localities; 3. the rest of the urban localities belong to the third or 4th categories. Their classification in the third and fourth categories of localities is made by the executive committees of the county folk councils. The classification of land by area within the localities is made by the committees, namely the executive offices of the communal, city and municipal folk councils, depending on the position of the land towards the center of the localities, the character of the area respective (living area or industrial area), proximity or remoteness of communication routes and other elements to ensure the application of a higher fee for the use of land located in the central living areas of the localities. The committees, respectively the executive offices of the popular councils will carry out the framing of urban localities in the third or fourth categories and, respectively, of land on areas within the localities, within 90 days from the date of the present laws. Commensurate with the economic and social development of the localities, the executive committees of the county folk councils will review the classification of the localities in the third and 4th categories, in order to pass them into a higher category. The passage of localities in category IV to category III is made by the executive committees of the county folk councils. The modification of the land classification by areas within the localities is made by the committees, namely the executive offices of the communal, city and municipal folk councils. The amendments provided for in the two preceding paragraphs may be made annually until 1 August, with effect from 1 January of the following year. The change of the classification of the localities of the third or fourth categories in category II is approved by presidential decree. If a rural locality passes in the category of urban ones, the fee for the use of land corresponding to the new classification shall apply from 1 January of the year following the year in which this amendment occurred. B. For land located outside the building perimeter of the localities, an annual fee is charged, by applying the minimum tax provided in lett. A, corresponding to the category of localities to which these lands belong, increased according to the fertility area, as follows: Fertility area IIIIIIIVV 250 %200%150%100%50% The classification of localities in fertility areas is the one provided by the legal norms on the imposition of incomes made from agricultural activities. II. Fee for land located outside the premises of economic units For land established outside the premises of economic units, a differentiated annual fee shall be charged on the objectives, as follows: For railway lines, railway stations, depots, ramps, triages, as well as other such railway operating objectives, a flat fee is due, as follows:-standard railway 2000 lei/km-railways inguste1000 lei/km This fee is due for all the land occupied by the objectives set out in lett. A, regardless of whether they are located on the premises or outside the premises of the transport units. B. Drumuri1000 lei/km C. Airports, maritime and river ports 0,50 lei/sqm D. Offices, dwellings, crèches, hostels, canteens, clubs, hospitals, parks, sports fields and other social-cultural objectives Within these limits the tax is established by executive committees of the county folk councils and the city of Bucharest on localities; in case of necessity, the tax can be differentiated according to the character of the objectives located on the respective lands. III. Special situations State agricultural units-production and research-, resorts for agricultural mechanization, forestry units, operation and maintenance enterprises of land improvement works and water management only owe the tax. provided for the objectives of point II lit. D and the fee provided in item I lit. A and B, for areas related to industrial objectives for processing agricultural or forestry raw materials. IV. Exemptions The annual fee for the use of state land is not due to: A. the state-owned land given in free use to agricultural production cooperatives and agricultural cooperative associations; B. land unsuitable for agriculture or forestry, including those occupied by ponds, puddles or reservoirs, and the land used for the holding in the basement, in so far as it does not affect the use of the soil surface. The classification of land in the categories provided for in the previous paragraph is made according to the norms that will be developed by the Ministry of Agriculture and Food Industry and the Ministry of Forestry and Construction Materials. V. Payment fee The fee for the use of state-owned land is determined on the basis of the situation existing on January 1 of each year. The payment of the tax is made to the local budgets, in four equal quarterly rates, until the 15th day inclusive of the last month of the quarter. + Annex 3 DEVIZ TARIFFS for the use of agricultural land, definitively or temporarily, for purposes other than vegetable agricultural production A. RATES OF DEVIATION for the definitive use of agricultural land for other purposes Arable land and natural meadows Class I 50.000 lei/ha Class II 38,000 lei/ha Class III-25,000 lei/ha Class IV-18,000 lei/ha Class V 13,000 lei/ha Land for vegetables 65.000 65.000 lei/ha Live noble and indigenous Class A 400,000 lei/ha Class B 300,000 lei/ha Class C 200,000 lei/ha Hybrid vineyards Class A 75.000 lei/ha Class B 50.000 lei/ha Class C 25,000 lei/ha Fruit orchards, fruit shrubs Class A 200,000 lei/ha Class B 125.000 lei/ha Class C 75.000 lei/ha The above tariffs represent the agricultural land protection tax in the case of land obtained from state units, and in the case of land obtained by expropriation, these tariffs represent both the protection fee and the compensation for expropriation of those lands. B. RATES OF DEVIATION for the temporary use of agricultural land for other purposes 1. Arable lands and natural meadows Class of quality/ha annually Class I15,000 Class II-a12,500 Class III-a10,000 Class IV-a5,000 Class a V-a2,500 2. In the case of natural meadows at deviz tariffs, the value of the materials and the other expenses necessary for the regeneration of the meadows is added after the expiry of the term 3. Of the values specified in section 1, the land owner shall be paid the following amounts: Class of quality/ha annual Class I4.500 Class II-a3.750 Class III-a3,000 Class IV-a1.750 Class of V-a1,000 C. RATES OF DEVIATION on the replacement value of wine plantations I. Altoite and indigenous living plantations Plantation age and support type Number of hubs per hectare up to 450050006000over 6000 Living year Ilei24.40027.00029.70032.400 Living year II-without sustainment 26.40029.70032.40035.400-with aracilei33.00036.70040.00044,000-with spalier lemnlei39.90042.90045.50048.900 Living year III-with aracilei35.50039.20042.90046.500-with trellis lemnlei42.40045.40048.00051.400-with spalier betonlei50.90053.90056.90060,000 Living on the fruit-with aracilei44.00048,00056,000-with trellis lemnlei52.00055.00058.00061.000-with spalier betonlei60.00063.00066.00069,000 II. Hybrid vineyard plantations Number of hubs per hectare up to 400050006000over 6000 lei9.75012.00012.75015,000 III. Tree plantations Species of plantationVirstaNumber of trees per hectarNumber of plants 4,000-6,000 100150200250300400500600800 Maran I-1000011000120001400016000175001800020000 ParII-1450015500165001850024000255002700029000 PiersicIII 145001850019500205002250032000340003500037500 IV1850023000240002500027000 ---- V2250028000290003000030000 ---- VI2650033000340003500035000 ---- Concrete support system ----- 18000180001800018000 of wood ----- 9000900090009000 PrunAn I-9000103001150013000 ---- VisinII-13000143001550017000 ---- CiresIII-17000183001950021000 ---- CaisIV-21000223002350025000 ---- Other speciesV-25500268002800029500 ---- Coacazan I -------- 18000 ZmeurII -------- 17000 From the amounts resulting from the above calculation will decrease the value of materials that can be recovered (araci, sirma, spalieri, etc.). NOTE: 1. For the land that is permanently or temporarily occupied with works of land improvements is not due to the protection fees, but only the compensation that is due to the holders, according to the law. The deviz tariffs will be considered only when determining the optimal variance and comparing the work with similar ones. 2. The beneficiary socialist units will pay into the account "Fund for development and improvement of the land fund" the amounts calculated according to the deviz tariffs, as follows: -for land belonging to agricultural production cooperatives, other public organizations and individuals, who deal permanently or temporarily, will shed the difference between the deviz tariffs and the expropriation value, respectively the use temporary land to be held by the holders; -for the land owned by the state, which deals permanently or temporarily, will fully pay the deviation rate. 3. The beneficiary socialist units will also pay-as the case may be-land holders: -the value of the production calculated on the basis of the average production planned per hectare in that unit that year, for the socialist agricultural units, or the average production planned on the commune in that year, for the land held by natural persons, when the land is occupied before the production is harvested; -the replacement value of investments, other than wine plantations and fruit shrubs; -the replacement value of the fruit plantations and the fruit shrubs for the state agricultural units; -the replacement value of the wine plantations and the fruit shrubs for the temporary use of land belonging to the cooperative agricultural units. + Annex 4 Framing of agricultural land in quality and production classes 1. Arable lands and meadows, depending on the essential appropriation they have, are classified into five quality classes, as follows: Class Ilands of very good quality Class II Good quality landings Class III-Laterenes of middle quality Class IV-Laterenes of poor quality Class A V-landings of very poor quality. The totally unproductive land located in the agricultural perimeters, represented by: stincarii, grohotisuri, boulders, pebbles, flying sands, ripe, ravines, torrents, crust salts, slime and sandpaper, loan pits, depositors, sterile, etc., falls into a special class: 6th grade: Unproductive land. 2. Vies and orchards shall be classified into three production classes: Class A good and very good productions Class B satisfactory productions Class C poor and very poor productions. The Ministry of Agriculture and Food Industry is authorized to develop land framing criteria in the quality and production classes set out above, taking into account the nature and properties of the soil, the degree of fertility, relief and exhibition, possibilities of mechanization of agricultural works, groundwater level of water, climatic conditions, degree of intensification of agricultural exploitation, degradation processes and other such criteria that reflect as thoroughly as possible Land framing in these quality classes. The establishment of the category of use, of the quality class, of the type and state of production of the vineyard plantation, fruit trees and shrubs and the value of unharvested agricultural production is made by the county body or the city of Bucharest. + Annex 5 DEVIZ TARIFFS for the definitive or temporary use of forest land for purposes other than forest production and for forest clearing A. RATES OF DEVIATION for the definitive use of forest land I. Forest land in the area of quercinee forests, fields of cimpie and hill, as well as in stands, of various hard essences and various soft essences, treated in the codru or cring regime: Clasadeproduction I 45.000 lei/ha '' '' II 40,000 lei/ha '' '' III 35,000 lei/ha '' '' IV 25,000 lei/ha '' '' V 15,000 lei/ha II. Forest land in the area of beech forests and gorun mixture with beech, beech with resinous and resinous: Clasadeproduction I 40,000 lei/ha '' '' II 35,000 lei/ha '' '' III 30,000 lei/ha '' '' IV 20.000 lei/ha '' '' V 15,000 lei/ha The production class is the one indicated in the arrangement, except for the degraded stands at which it is established according to the production class of a normal productivity tree, located in identical stationary conditions. B. RATES OF DEVIATION for temporary use of forest land Class of production/ha/year Class I15,000 lei/ha Class II 12.500 lei/ha Class III-a10,000 lei/ha Class of IV-a5.000 lei/ha Class of V-a2.500 lei/ha C. RATES OF DEVIATION for deforestation in forests before reaching the normal cutting age 1. Arbonetworks of quercinee, barges of cimpie and hill, stands of various hard essences and of various soft essences, treated in the codru or cring regime: Age (years) Value (lei/ha) up to 515.0006-2020.00021-4036.00041-6032.50061-8028.00081 -10024.000over 10010,000 2. Beech trees, gorun mixture with beech, beech with resinous and pure resinous: Age (years) Value (lei/ha) up to 59.0006-2012.00021-4032.00041-6028.50061-8026.00081 -10022.000over 10010,000 NOTE: 1. At the deviz rates from lit. A and B shall be added, as appropriate: -the amount of compensation for the clearing of stands on the forest land that is transmitted definitively or temporarily, before reaching the normal cutting age, as well as the expenses determined by the exploitation under special conditions of some stands from these woods; -the replacement value of existing investments on that land, if they are to be decommissioned; -the value of production from crops other than forestry, calculated on the basis of the average production planned that year for that unit; -the expenses necessary for the normal continuation of the forest production process, on forest land, other than those for which the approval of deforestation or removal from forest production was obtained, if by placing the objectives of investments affect the production process on such land. Of the amounts calculated according to the deviz tariffs provided in lett. A, B and C do not spill over to the state budget; -the value of unharvested production from crops in nurseries and other crops than forestry on land that is removed from forest production, which is paid by the beneficiaries of the investment of the unit in whose administration the land is located; -the additional expenses determined by the exploitation under special conditions of trees in the forests that are cleared, which are paid to the socialist unit that will execute the exploitation; -the amounts representing the value with which deforestation or land in forest production, the property of folk councils, agricultural production cooperatives and intercooperative associations, were included in the value of deviz of the works Own investment. 2. They are exempt from taxes and fees of deviz: -the forestry units holding the occupied land of constructions and installations that are carried out in forestry in order to increase the production and value of the forests, as well as for the harvesting and valorization of their products; -land dealing with works of land improvement that also have favorable influence on forest land, or when land is transferred in compensation from agricultural production to forestry. Exceptions are the cases when these lands are occupied with forests not reached at the normal cutting age, which are cleared and for which the respective deviz tariffs are calculated. --------------