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Law No. 7 Of April 3, 1974 (Republished)

Original Language Title:  LEGE nr. 7 din 3 aprilie 1974 (*republicată*)

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LEGE no. 7 7 of 29 March 1974 (* republished *) on the implementation, operation, maintenance and financing of irrigation facilities and other works of land improvement
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 29 29 of 23 April 1983



In the Socialist Republic of Romania the irrigation facilities and the other works of land improvement are an activity of particular importance for the protection and lifting of the production capacity of the land of our country, the main means production in agriculture. Taking into account the scale and complexity of the land improvement actions, in order to ensure a unified design and strengthen the state discipline in carrying out this activity, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 The land improvement works aim to put as full as possible the production capacity of agricultural land, raising the fertility of poorly productive lands, giving agricultural production as large areas as possible. unproductive land, preventing and combating natural phenomena that negatively influence agricultural land productivity. Works of land improvements are understood: -irrigation facilities; -arrangement of agricultural land in slope; -the damming and regularization of watercourses; -dissecting and drainage; -the improvement of the salt lands and the amendment of acid soils; -levelling and modelling of agricultural land; -clearing and clearing land. + Article 2 After their economic importance, the land improvement works constitute: a) systems, which are carried out on land belonging to several socialist agricultural units; within the systems are works of common interest to several socialist agricultural units and interior design works that are executed on the land and in the interest of each socialist agricultural establishment; b) local facilities, which are executed on limited areas of land, mainly using local possibilities, and are usually carried out on the territory of a single socialist agricultural unit. + Article 3 The Ministry of Agriculture and Food Industry is responsible for the implementation of the party and state policy in the field of irrigation facilities and other works of land improvement, ensuring, through its specialized units, research, design, realization, operation and maintenance of works. + Chapter 2 Subject matter and manner of works A) Irrigation threats + Article 4 Irrigation facilities aim to combat the harmful effects of drought and to complete the moisture deficit, in order to obtain large agricultural yields year after year, unconditional by the precipitation regime. The design and realization of irrigation facilities will take into account the possibilities of their use, as the case may be, and for other purposes as: water supply of agricultural household centers, fish facilities, localities and objectives industrial, power generation, navigation and leisure. + Article 5 The research activity in the field of irrigation is ensured by the Ministry of Agriculture and Food Industry-Academy of Agricultural and Forestry Sciences, through the institutes of subordination research and higher education institutes. + Article 6 The study and design activities in the field of irrigation facilities are carried out, depending on the economic importance and complexity of the works, through the specialized units subordinated to the Ministry of Agriculture and Food Industry or executive committees of county folk councils. + Article 7 The technical-economic documentation for irrigation systems is elaborated on river basins and subbasins or on natural units, in correlation with the framework schemes for the arrangement of river basins in terms of water management and with studies of the organisation of agricultural land and agricultural production. + Article 8 The Ministry of Agriculture and Food Industry responds to the realization of a unit conception in the preparation of studies and projects for irrigation, elaborates through research and design units in subordination, methodologies, technical regulations, projects type and directives, as well as instructions for all units that have tasks in this field and ensure: -reduction of areas that are removed from crop agricultural production, through the judicious use of land configuration and the adoption of appropriate technical solutions; -the continuous increase in the automation of the operation of irrigation systems and the mechanization of the activities of exploitation and maintenance of the facilities, in order to reduce the labor force and the operating costs; -the continuous reduction of the specific consumption of materials, fuels and electricity. + Article 9 Irrigation systems are executed through the specialized construction-assembly units under the Ministry of Agriculture and Food Industry and through the specialized units subordinated to the executive committees of the popular councils. county. Cooperative agricultural organizations execute with their own forces local facilities with technical assistance of specialized units subordinated to the executive committees of the county folk councils and with the support of socialist units that can execute, For a fee, construction-assembly works of high technicality. + Article 10 The Ministry of Agriculture and Food Industry, through the specialized construction-assembly units and the operating units of land improvement works, is responsible for the training, during the execution of the works, of the technical staff and the skilled workers necessary to operate, made available by the beneficiary units, in order to ensure the entry into production of irrigation facilities immediately after their completion and the realization, within the planned deadline, of the indicators approved technical-economic. B) Planning of agricultural land on the slope + Article 11 The arrangement of agricultural land in the slope through works to combat soil erosion, regularization of water drainage on slopes and correction of torrential formations aims to defend agricultural and forestry land on the slopes and from the basis thereof, the conservation and raising of the soil production potential, the improvement of the hydrological regime of watercourses, the protection of reservoirs against warping, the defense of localities, communication paths, constructions hydrotechnical and other objectives in the area. + Article 12 The Ministry of Agriculture and Food Industry will take measures to establish the most appropriate land uses and crop structure through agricultural land use documentation to ensure an efficient and efficient use of land. High economic exploitation of agricultural areas. + Article 13 Land holders who benefit from works of arrangement of agricultural land in the slope are obliged to execute, at the same time as the works to combat soil erosion and correction of torrents, works and measures Specific agrophytosative and not to carry out any other work which may favour the erosion of land or jeopardise the work carried out for that purpose. The Ministry of Agriculture and Food Industry, through the general directions for agriculture and food industry and through the research institutes and resorts of the Academy of Agricultural and Forestry Sciences, will develop technologies suitable for cultivation On-slope, compulsory land, and will guide the socialist agricultural units in the application of agrophytoameliorative measures, differentiated according to the local natural conditions. C) Combating floods and eliminating excess moisture + Article 14 The works of indiguire and regularization of water courses are aimed at defending the floods of agricultural and forestry land, assets located on them, localities, as well as social-economic objectives. The works of indiguire and regularization of water courses are studied and carried out on river basins and subbasins or on natural units, falling within the overall provisions of the framework schemes for the arrangement of hydrographic basins in Point of view of the regularization of surface leakage. + Article 15 The drainage-drainage works have as their object the elimination of excess water from the surface of the land and the regulation of moisture in the soil, in order to create appropriate conditions for carrying out agricultural works and intensifying production. The socialist agricultural units on whose land the drainage works are carried out are obliged, with their realization, to carry out the specific agro-ameliorative works and measures (leveling, modeling, deep soil afanation, the application of amendments, organic and mineral fertilisers) in order to improve the hydrophysical and biological attributes of the soil. The works and agro-ameliorative measures will be differentiated, according to the local natural conditions, based on the technical indications developed by the institutes and research resorts of the Academy of Agricultural and Forestry Sciences. + Article 16 The Ministry of Agriculture and Food Industry has the task that, through the assembly of works of indiguire, regularization of water courses, dissecting and drainage, to ensure the increase of the agricultural area and especially the arable area, by putting in value of land occupied by puddles, swamps, reeds and other non-productive land, as well as by the transition to a category of higher use of land operated inefficiently. D) Other works of land improvement + Article 17 For the purpose of expanding the cultivated areas and the continuous lifting of the soil production potential, from irrigation systems, indiguiri, dissecting and combating soil erosion, and from outside them, the Ministry of Agriculture and Industry Food will take measures to execute, depending on the specific conditions of the land, works to improve the salts, to fine acid soils, to level, shape, deforestation and cleanse these lands. + Article 18 The retention dams and water course derivations that run within the irrigation, damming, dissecting and soil erosion systems will be designed and made so that they serve to mitigate the floods and to reduce the water. the creation of new sources of water, for the purpose of defending agricultural and forestry land, the development of irrigation and other uses. + Article 19 Research, study, design and execution activities necessary for the works provided in lett. B), C) and D) of this chapter are applicable to the provisions of art. 4 4 para. 2 2 and art. 5-10. + Chapter 3 Financing the works and tracking their achievement + Article 20 Work in irrigation systems, indiguiri, drainage-drainage, combating soil erosion, work on regularization and consolidation of water courses, accumulations and complex derivations, improvement of the salt lands, what will be done. The state property, as well as those of the agricultural production cooperatives, starting with the 1974 plan year, will be financed by state funds, these works remain, after their execution, in the exclusive property of the state. The State acquires the right of use on the land the cooperative property, occupied by the respective works, during their existence. + Article 21 The interior design of irrigation systems, of desecations and of combating soil erosion, executed on land belonging to agricultural production cooperatives, are completed by them from their own funds and contribution to work, as well as from long-term loans granted by the State, under the conditions laid down by law, and remain in the exclusive property of these cooperatives. Provisions of para. 1 1 applies to the following categories of works: a) irrigation: the network of channels or pipes buried by the last order, with the related accessories (hydrotechnical constructions, hydrant valves, devices), as well as the watering equipment; b) to dissecting: the network of last-order channels, from the land of an agricultural production cooperative, with the related hydrotechnical constructions; c) to combat the erosion of the soil: agroterraces and agrophytoameliorative works (herbaceous strips, crops in strips, bilonars, fertilizations, overseed and reseeding on pastures). + Article 22 Local facilities for irrigation, dissecting, combating soil erosion and other works of land improvements of local interest, made on the land of a single socialist agricultural unit, will be financed: a) to the state units, from the investment funds; b) to agricultural production cooperatives, by their means: from their own funds and contribution to work, as well as from long-term loans granted by the state. + Article 23 Long-term loans for the realization of the land improvement works provided for in art. 21 and 22 are granted, under the law, agricultural production cooperatives for a period of up to 25 years; the reimbursement of the first rate will be made after the commissioning of the objective, but not later than 5 years after the granting of credits. The long-term loans granted to agricultural production cooperatives for the execution of works of land and non-refundable improvements until 31 December 1973 will be rescheduled by the Bank for Agriculture and Food Industry, together with agricultural bodies, corresponding to the payment possibilities, within the maximum period provided for in the preceding paragraph. + Article 24 In order to carry out the basic leveling, modeling and scarification of land in the indiguiri and dissecting systems and beyond, the Food and Agriculture Industry Bank shall be authorized to grant credits to agricultural units of state and agricultural cooperatives of production, with legal interest. The reimbursement of credits will be made from the production expenses, for a period of up to 8 years, the first rate will be paid after one year from the putting into use of the landscaped land. The basic leveling, modeling and scarification works, which are executed by the state agricultural units, will not affect the expenses per 1,000 lei production of the goods, as well as the financial results provided in the plan. The expenses for carrying out these works will be covered from the production bonuses that will be obtained from the respective lands. For the basic leveling, modeling and scarification of land within the perimeters on which works to combat soil erosion are carried out, the funding is made from state funds. In irrigation systems, starting with 1975, basic leveling or modeling works, including related scarification works, are included in the value of investments, are financed from state funds and run concurrently with the facilities. for irrigation. Basic leveling or modeling works, including related scarification works, from local irrigation facilities will also be included in the value of investments and will be executed with irrigation facilities, with funding being made, according to the local government. according to the beneficiaries, from the sources provided in art. 22 22 of this law. The cooperative lands on which basic leveling or modeling works are carried out, financed by state funds, shall be exempted from the provisions of art. 20 and remain in use of agricultural production cooperatives. Maintenance levelling works shall be financed from own funds or from production credits by the land holding units on which the basic levelling has been carried out and shall be carried out by machinery from its own equipment or by resorts for agricultural mechanization (According to the provisions art. II of Decree no. 55/1975 , the basic leveling or modeling works, not executed on the land in the local irrigation systems and facilities put into use until December 31, 1974, were financed, as the case may be, from the sources provided in art. 24 24). + Article 25 The Ministry of Agriculture and Food Industry together with the Bank for Agriculture and Food Industry will establish annually, before the completion of the plan works for the following year, the volume of works and credits related to the works provided to art. 24, as well as sources of coverage. + Article 26 The responsibility for carrying out investment works on irrigation facilities and other works of land improvement lies with the Ministry of Agriculture and Food Industry, which aims to execute them at term and quality by: a) the units subordinated to it, specially organized as an investment beneficiary, for the systems financed by state funds; b) the specialized units subordinated to the Executive Committees of the county folk councils, as the beneficiary of investments, for the works of local interest financed by state funds; c) agricultural units, for interior design within the systems and for local facilities, to which they are beneficiaries of investments. + Article 27 Irrigation systems and other works of land improvement shall be received by commissions whose composition is approved by: a) the Council of Ministers, for investments whose main technical and economic indicators have been approved by the Council of Ministers; b) The management board of the Ministry of Agriculture and Food Industry, for the works whose technical-economic indicators are within the competence of approval of the investment holder. The reception committees will include representatives of county folk councils and funding banks, higher education staff and profile research institutes, other specialists, as well as representatives of the beneficiaries of the public. works and designer. As chairmen of the reception committees, for the works in the approval competence of the Council of Ministers, they will be appointed staff with responsibility work outside the apparatus of the Ministry of Agriculture and Food Industry. The commissions will receive both the executed works and the land areas set up by irrigation works, drainage-draining, combating erosion, indiguiri, river regularizations and other works of land improvements, on holders and other works of land. categories of use, resulting from the execution of works. On the basis of the reception documents thus drawn up will be entered, in the land cadastre, the executed works and the landscaped areas. + Chapter 4 Administration of irrigation facilities and other works of land improvement A) Administration and evidence + Article 28 The operation, maintenance and guarding of irrigation facilities and other works of land improvement constitute a task of which all state units, cooperatives and other public organizations that have in administration or, where appropriate, in the property, such works. + Article 29 The works carried out from state funds are administered by the operating enterprises of the land improvement works, subordinated to the Ministry of Agriculture and Food Industry. Exception are the inner networks of irrigation and dissecting channels in the systems, the secondary pipes buried from the irrigation systems on the territory of the state agricultural enterprises, the interior design of the rice, the interior design, including basic levelling and modelling work, from soil erosion control work systems, basic levelling and modelling work in irrigation and dissecting systems, motor pumps and watering equipment, as well as soil and water supply systems. local irrigation facilities, desecations and combating soil erosion, executed on land belonging to the state socialist agricultural units, which are administered by them. I also take exception the basic leveling and modeling works, financed from state funds, executed, in irrigation systems, dissecting and combating soil erosion, on land in use of agricultural production cooperatives, that will be taken into administration by them, with the obligation to periodically execute maintenance leveling works. The executive committees of the county folk councils and the city of Bucharest have the obligation to control the activity of the operating enterprises of the land improvement works and the socialist agricultural units, on the line of exploitation and maintenance of works and use of land set up in irrigation systems and other works of land improvement on the territory of the counties and the city of Bucharest. + Article 30 Interior design in land improvement systems and local facilities, executed on land belonging to agricultural production cooperatives, through its own contribution in work and money and credits, is administered by them. + Article 31 The Ministry of Agriculture and Food Industry is responsible for the country's record of land improvement works, which it will hold, through its organs, by categories of socialist units and genres of works. The executive committees of the county folk councils are responsible for the record of land improvement works on the territory of the county, which will be held on beneficiaries, on genres of works and on categories of use of landscaped land. B) Exploitation and maintenance + Article 32 Socialist units that have irrigation facilities and other works of land improvement are responsible for their operation, maintenance and security, in order to ensure their functioning at the parameters established by the approved documentation. The general rules of operation, maintenance and security of land improvement works shall be established by the Ministry of Agriculture and Food Industry. In their activity the socialist units that have in administration works of land improvements have the obligation to observe exactly these rules, as well as the provisions of the operating regulations drawn up by the design units, for each work and objective in part. The agricultural units that have irrigation facilities and other land improvement works will register, in the annual production and financial plans, the funds and means necessary for the exploitation, maintenance and security of these works, responding to their execution. For the proper operation and maintenance of works that are administered by the state agricultural units, agricultural production cooperatives or other public organizations, the operating units of the land improvement works will execute on request, for a fee, on the basis of technical-economic documentation, maintenance and repair of these works. For this purpose, long-term contracts will be concluded, and annually the volumes of works and execution charts will be established jointly. The interior design works in the irrigation and desecations systems executed on the lands of the cooperative agricultural units, through their own contribution to work and money and from credits, will be exploited and maintained by them. From the provisions of par. 5 the troughs and pipe networks buried from irrigation systems, as well as closed drainage networks, which will be exploited and maintained, against payment, by the operating companies of the improvements works, are exempted. land, on the basis of annual contracts. + Article 33 Socialist units that have irrigation facilities or other works of land improvement are obliged to constitute, on the basis of the technical normative developed by the Ministry of Agriculture and Food Industry, the minimum stock of materials, fuels, lubricants, tools and machinery necessary for the execution of repair works that may occur, unforeseen, during the operation of the works, as well as the flood defense stock established according to the legal provisions. + Article 34 Within each irrigation system, dissecting and combating soil erosion is constituted a governing board, consisting of the head of this system, the heads of state agricultural units, presidents and chief engineers of the state agricultural units. Cooperative agricultural units, land holders set up under the scheme. The Council is responsible for the elaboration and implementation of the plan of operation, maintenance and security of the works within the system and the taking of technical-organizational measures necessary for the proper use of the landscaped agricultural land the implementation of the production plan and the technical and economic parameters approved for the operation of the system. The Ministry of Agriculture and Food Industry and the National Union of Agricultural Cooperatives of Production establish, by regulation, the organization and functioning of the governing council. + Article 35 In order to achieve the approved technical-economic parameters, for the functioning of the system, the socialist agricultural units that own land are obliged: -to use in culture, with high efficiency, the entire agricultural area set up; -to respect the structure of the crops provided for in the technical-economic study, any changes can be made only to the extent that they raise the value of the production and improve the economic efficiency of the -to irrigation facilities, to comply with the established watering programs; -to enroll in the annual production plans and to use the necessary funds, the most appropriate seeds, fertilizers, herbicides, labor and other technical means, for the realization of the provided productions, giving priority, in the framework of the quantities received, land set up for irrigation; -to apply exactly the crop-specific technologies on the irrigated, dammed, dissected and landscaped fields, through works to combat soil erosion. + Article 36 The operating units of the land improvement works respond, together with the agricultural production units, to the realization of the planned productions. They have the right to control how the socialist agricultural organizations covered by their activity range apply the norms and regulations of exploitation and maintenance of interior design, as well as the entire complex of measures technical-organizational necessary for the realization of agricultural production, and may ask the competent local bodies to claim the agricultural units to comply with all their obligations. For the purposes of the proper exploitation of works within the irrigation systems, the Ministry of Agriculture and Food Industry will constitute, on systems or groups of systems, collective of agricultural specialists who will follow the application of development of agriculture in the perimeters arranged for irrigation and execution of the provisions of the annual plans of the agricultural units, in order to achieve the economic productions and results at least at the level of the projected parameters. + Article 37 The removal of a work of land improvements from the arranged fund can be done only by scrapping it, in compliance with the legal provisions, and approved by the body that approved the investment. On this basis the necessary changes in the land cadastre will be operated. C) Service Provisions + Article 38 The operating units of the land improvement works shall be responsible for the following categories of service provision: a) the capture, transport and distribution of water for irrigation, industrial consumption, fish farming and other purposes; b) flood defences; c) water discharges from the dissecting systems, fish facilities and others. + Article 39 The socialist units that benefit from irrigation facilities and works of land improvements in systems will conclude, annually, contracts with the service providers, provided in the previous article, payment of the value of the benefits performing according to the tariffs in force. The contracts will be concluded for the area of landscaped land, registered in the land fund. Shall not be included in the area covered by the contract: a) to the distribution of water for irrigation: land occupied by construction, roads and non-productive land, protective curtains that do not irrigate, as well as the landscaped areas that due to force majeure cannot be cultivated; b) to flood defences: land in the buildable perimeter of the localities, those covered with unproductive puddles and swamps, public roads, as well as poplar and willow forests exceeding 2 years after planting. Also, the socialist agricultural units will pay the value of the benefits carried out by the operating enterprises of land improvement works and the enterprises of earthmoving machinery, land improvements, design and execution construction for the operation and maintenance of interior design in irrigation and dissecting systems, according to legal tariffs. + Article 40 The rights and obligations of the service provider and of the beneficiary shall be established by contract. They respond, for failure to fulfill contractual obligations, according to the law + Chapter 5 Control and sanctions + Article 41 The control regarding the operation, maintenance and security of irrigation facilities and other works of land improvement, as well as the realization of technical-economic indicators, is executed, for all the holders of such works, by specialists from the Ministry of Agriculture and Food Industry and from the specialized units subordinated to it or the executive committees of the county folk councils, appointed by the order of the Minister of Agriculture and Food Industry. + Article 42 Violation of the provisions of this law attracts disciplinary, material, civil, contravention or criminal liability, as appropriate. + Article 43 The degradation or destruction of irrigation facilities and other works of land improvement constitutes a crime and is punishable according to art. 231 of the Criminal Code. + Article 44 The contraventions to the rules on the protection of irrigation facilities and other works of land improvement and 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. + Chapter 6 Final provisions + Article 45 The Ministry of Agriculture and Food Industry, with the realization of new irrigation systems, indiguiri, dissecting and combating soil erosion, will also ensure the organization of the operating units of these systems, as well as their endowment with machinery, means of transport and specific materials, correlated with the commissioning of new capacities. Also, the Ministry of Agriculture and Food Industry will ensure the organization of the activity of exploitation of interior networks of irrigation channels and desecations from systems, local irrigation facilities, desecations and combating erosion. soil from the administration of socialist agricultural units. + Article 46 The Ministry of Agriculture and Food Industry will ensure the preparation, in advance, of the technical staff and skilled workers, necessary for the socialist agricultural units, for the maintenance of interior design works and agricultural exploitation of Landscaped + Article 47 The Ministry of Agriculture and Food Industry, through the Academy of Agricultural and Forestry Sciences, is responsible for the introduction of new technologies and machinery in the work of operation and maintenance of works, in order to continuously improve the levels of technical and economic indicators to be obtained through the realization of irrigation facilities and other works of land improvement. + Article 48 The Ministry of Agriculture and Food Industry reports annually to the Council of Ministers the execution of the design program and the realization of approved technical-economic indicators, on the lands on which irrigation facilities and other works were carried out of land improvements. The Council of Ministers presents to the Council of State, annually, the situation of the realization of irrigation facilities and the other works of land improvements provided for in the single national economic and social development plan, the measures taken to maintain exploitation of the executed works, as well as the results obtained on irrigated land + Article 49 It is authorized the Council of Ministers that, on the basis of the documentation presented by the Ministry of Agriculture and Food Industry, agreed with the State Planning Committee and the Ministry of Finance, to introduce into the single national development plan economic-social and state budget for 1974 the changes arising from the application of the provisions of the head. III of this law, within the framework of the total volume of investments and long-term loans, approved for this year to the Ministry of Agriculture and Food Industry. + Article 50 This law comes into force 30 days after the publication in the Official Bulletin of the Socialist Republic of Romania (I am the exception of the provisions of art. 24 24, art. 32 32 para. 1-3 1-3, art. 36 36 para. 2 2 and art. 39 39 para. final, which entered into force on the date of publication in the Official Bulletin no. 62 62 of 14 June 1975 a Decree no. 55/1975 , and the provisions of art. 29 29, art. 32 32 para. 4 4-6 and art. 45 45 para. 2, which entered into force on the date of publication in the Official Bulletin no. 13 13 of 9 March 1983 Decree no. 68/1983 )). On the same date, the provisions Decision of the Council of Ministers no. 1279/1967 on the administration and financing of land improvement works, as well as the approval of tariffs for some service supplies, except art. 12 12 and 13, and art 2 and 9 lit. d) of Decision of the Council of Ministers no. 1686/1970 on the financing, design, execution and administration of works to combat soil erosion, regularization of water drainage on slopes and correction of torrents, as well as any other provisions to the contrary. --------