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Law No. 2 Of 30 October 1987 On The Preservation, Protection And Development Of Forests, Their Rational Economic Exploitation And Maintenance Of Ecological Balance

Original Language Title:  LEGE nr. 2 din 30 octombrie 1987 privind conservarea, protejarea şi dezvoltarea pădurilor, exploatarea lor raţională economică şi menţinerea echilibrului ecologic

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LEGE no. 2 2 of 30 October 1987 on the conservation, protection and development of forests, their economic rational exploitation and the maintenance of ecological
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 52 52 of 9 November 1987



The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 In the Socialist Republic of Romania, conservation and protection of forests is a matter of national interest. Conservation, protection of forests and better management of the forest fund, an integral part of the country's planned general economic-social development work, is carried out in accordance with the fundamental principles and objectives of the policy of the party and the state of implementation of the developed multilateral socialist society and Romania's advance towards communism. + Article 2 Defending and improving the environment, maintaining ecological balance, preserving and protecting forests, constitutes a basic, permanent duty of organs and state, cooperative and other organs and organizations. public organizations, of all citizens. The conservation and development of the forest fund is mainly achieved by: a) maintenance of forest fund integrity; b) limitation of wood cutting, so that they are strictly within the possibility of normal growth of forests, established by forestry facilities developed according to the law; c) increasing the share of forests in some areas with less favourable climate; d) avoiding the deemptying of the soil through cuts, to ensure the permanence of forests and their protection and production functions; e) the application of wood harvesting and collecting technologies, which do not affect the ecological balance; f) the realization of stands with corresponding structures under the ratio of the composition and density of trees per hectare of forest; g) prevention of degradation processes of forests and forest soils, which can lead to premature drying of trees on the foot; h) promotion in culture of valuable native species, as well as afforestation of all non-renewable areas in the forest fund; i) return to the economic circuit, through afforestation, of excessively degraded or sliding land, unfit for agricultural uses; j) forest security and their protection in order to prevent and combat diseases and pests, fires, destruction and degradations; k) increasing the contribution of scientific research and increasing the valorisation of its results in production; l) more intensive use of the forest fund and the saving of wood; m) raising the professional level of specialists, technical staff, all working personnel, corresponding to the needs of intensive forest management; n) education of working people, and in the first place of youth, in support of care, love and respect for the forest, the popularization of the social and economic importance of the forest, the formation among the population of an opinion conducive to development, preserving and protecting it. + Article 3 The Ministry of Forestry will take measures to maintain in proper condition the forest land protection plantations, as well as forest curtains located along the communications paths, so that they may be able to continue. fulfill the role for which they were created. + Article 4 In order to improve the climatic factors and improve the working and living conditions of the population, it will be carried out, under the conditions and with the approvals provided by law: a) green areas around enterprises, in order to eliminate the harmful effects of their activity, as well as around urban localities; affected by drought and strong winds, according to the country's annual economic-social development plans. + Article 5 State bodies and organizations, cooperatives, other public organizations, which have in administration, use or property land with forest vegetation located outside the forest fund, are obliged to ensure its preservation in the purpose of protecting localities, industrial objectives, agricultural land, communication routes, watercourses, hydrotechnical works, reservoirs and improvement of climate factors, under the law. + Chapter 2 Maintaining the integrity of the forest fund, preserving, protecting and developing forests, limiting wood cutting + Article 6 Maintaining the surface of the forest fund, in accordance with the plan of organization of the territory and the use of the land fund, constitutes a national obligation. The reduction for any reason of the national forest fund and of the forest vegetation outside it shall be prohibited. + Article 7 The Ministry of Forestry is responsible for ensuring the integrity and good management of the forest fund, regardless of the holders, the preservation, cultivation and enhancement of forests, the preparation of the provisions of the National Program to preserve and develop the forest fund. + Article 8 In order to achieve a proper territorial distribution of forests, to ensure the productive potential and to preserve the ecological balance, the cuts of main products in the areas set out in Annex no. 1. In the areas provided in par. 1 cuts will be executed only in the framework of conservation and forest care, hygiene and cleaning works. + Article 9 In order to preserve the valuable forests of oak, gorun, girnita, sky, beech, lime, fir, spruce, as well as for obtaining high quality industrial products, especially aesthetic furnishing and resonant wood, the cuts in these forests are will only be able to make the virstars listed in Annex no. 2. + Article 10 In the stands that perform special protection functions, determined as such by the forestry facilities, as well as those located on stincers and grocuses, will be able to execute, as the case may be, only conservation and care works, as well as sanitization and cleanliness. + Article 11 The volume of wood mass that is harvested annually, by geographical areas and destinations, is approved by decree of the State Council. The wood mass that is harvested annually is established within the limit of the normal possibility of the forest, according to the forestry arrangement, ensuring the avoidance of deemptying and protecting the soil, strengthening the protective functions of the stands, stability natural ecosystems, the improvement of climate factors, the maintenance of constant water flows and the continuity of wood production. + Article 12 The socialist units that obtained, according to the law, the prior approval of placing investment or production objectives on land in the forest fund, are obliged to recover and arrange early, in view of afforestation, a the surface equivalent to that occupied for good On land permanently occupied or temporarily used, according to the law, for the needs of other sectors of the national economy, deforestation cuts are staggered, as the working front is submitted. + Chapter 3 Promotion in the culture of valuable native species, forest regeneration and return to the economic circuit, through afforestation, of excessively degraded or sliding land, unfit for agricultural uses + Article 13 The Ministry of Forestry is responsible for afforestation, according to the national single plan of economic and social development and special programs on the development, conservation and management of the forest fund, of all the areas of this fund, as well as ensuring the proper density of trees per hectare in all forests. The density of trees per hectare of forest, on forest species, virste and soil fertility categories, is set out in Annex no. 3. + Article 14 In order to achieve a proper structure in the culture of valuable native species, it will be ensured: a) promotion, through natural regenerations, afforestation and completions works, of pedunculate oak, gorun, beech, teium, cherry, walnut, ash, saloon, paltinum, girnitei, as well as other valuable deciduous species from the point of view. Forestry and ecological vision; b) crop in the corresponding areas of the spruce, fir, larch, duglas and pinilor. It prohibits the expansion of resinous species, salcers and poplars in areas conducive to oak and gorun culture. + Article 15 In order to ensure the permanence of forests and their protective functions, as well as to increase the areas that regenerate naturally, intensive treatments with regeneration under the shelter of trees will be promoted, adopting technologies with long periods, as well as with continuous regeneration periods, established by forestry facilities. In the forest fund and in the forest vegetation outside it are prohibited the breeds of breeds. Grated cuts can only be made under the conditions and with the approvals provided by law, on small areas, or in strips in pure spruce tree, salcim, euramerican poplars, selected willow, strong stands affected by wind downing, broken products. of snow, with premature drying phenomena, as well as in cases when restoration-substitution works are made in poorly productive stands that cannot be restored under the shelter of trees, established as such by forestry facilities. + Article 16 When harvesting and collecting wood, only technologies will be used to avoid soil degradation, destruction of the seeds and damage to the remaining trees on the foot. Forest roads will be located and built, according to the law, so that it does not affect the stability of the slopes and the water regime. + Article 17 The Ministry of Forestry ensures the production, certification and genetic control of all propagating material. The care, management and protection of seed reserves and plantings will thus make the entire quantity of seeds come from the reserves made up of the most valuable forests and semi-incere plantations. + Article 18 The land registered in the register of the land cadastre, excessively degraded and as such unfit for agricultural uses, established by programs, approved according to the law, will be forested by the owners or their holders, as the case may be. + Chapter 4 Intensifying actions to sanitize and cleanse forests + Article 19 The Ministry of Forestry directs, controls and responds, according to the law, to the organization of all actions to detect, prevent and combat pests and diseases of forests and forest vegetation outside the forest fund. + Article 20 In order to preserve and develop the forest fund, to ensure the proper phytosanitary condition of forests, forest units and other forest keepers and land with forest vegetation are required to apply exactly detection, prevention and control of pests and diseases, as well as security, fire prevention and extinguishing. The rules for ensuring the hygiene of forests, including forest crops, mandatory for all forest holders, are those set out in Annex no. 4. + Article 21 The prevention and control of pests and diseases of forests and forest crops is carried out in a unitary manner, according to approved action programs, based on the detection and forecast works. In order to ensure the proper efficiency of the protection measures, the action programmes will necessarily make the correlation of combat treatments, which are carried out in forests, with those applied in agricultural crops, as well as on pastures and finesse. For the proper application of the treatments for the prevention and control of pests and diseases, the liability lies with the driver of each forestry unit or, as the case may be, of each land holding unit with forest vegetation. + Article 22 In the framework of forest protection measures, mainly actions to combat in areas strongly attacked by pests will be carried out and the execution of all hygiene works will be ensured-the removal of dry, drying trees, downed. or that are attacked by diseases and pests, the total peeling of cut or downed trees and trees and the like-both in forest perimeters and outside the forest fund. Measures to prevent and combat pests and diseases shall apply differentiated, depending on the nature and intensity of the attack and the characteristics of each individual forest. + Article 23 In order to prevent damages caused by pests and diseases, as well as to remove the danger of permanentization and to extend some outbreaks of them, forest inspectorates will execute the necessary control treatments on land with vegetation forestry belonging to other holders, if they do not carry out them on time and in appropriate conditions. The expenses incurred by the execution of the works will be fully borne by the respective land holders. + Article 24 Ministries, other central and local state bodies and cooperatives, which have subordinated units whose activities can bring, through environmental pollution, damage to the forest fund and forest vegetation outside it, are obliged to take the necessary measures to exclude any negative consequences of these activities. + Chapter 5 Increasing the contribution of scientific research to better conservation and protection of forests and increasing the valorisation of its results in production + Article 25 To increase the contribution of scientific research to ensuring and maintaining ecological balance, to conservation and protection of forests, scientific research, technological development and the introduction of technical progress in forestry will have, in principal, the following objectives: a) knowledge of the structure and functioning of natural forest ecosystems; b) the selection and improvement, regeneration, care and expansion in the crop of forest species, particularly of the valuable native ones; c) the production of genetically propagated propagating material for the provision of domestic needs and for export; d) conservation and care of forests in the area of cimpie, especially those with oak, gorun, girnita, sky, lime and salcim base; e) the establishment of the optimal structure of the stands under the ratio of the composition and density of trees per hectare; f) the development of technologies for the regeneration, restoration and management of stands, as well as for the ecological reconstruction of unstable areas from the point of view of the climate and other environmental factors; g) evaluation of forest protection functions and increase of forestry contribution to the development of other branches of the national economy and to the protection of the environment; h) creation of propagating material resistant to diseases and pests and adverse influences of climate factors; i) the development of the seed base so as to ensure that the necessary seed and material of genetic afforestation have been improved, for domestic needs, for export and for the exchange of seeds of valuable species, of high productivity, with other countries; j) development of improved technologies for the complex arrangement of torrential river basins in mountain areas and high hills and afforestation of degraded land; k) superior valorization of medicinal plants, fruits, fungi, tree shells and other such products of the forest; product chemistry, in order to obtain active substances, pharmaceuticals, cosmetics and others; l) perfecting the methods of preventing and combating pests and diseases of the forest, by replacing toxic pesticides, reducing the doses used and expanding the use of biopreparations and biodegradable chemicals with reduced remanence; m) improvement of the methods and procedures for the arrangement of forests with multiple functions and estimation of wood mass for industrial production; n) definition and establishment of a system of control of negative influence factors on the development of forest fund and environmental factors; o) expansion of international cooperation to preserve and protect forests. + Chapter 6 Participation of all working people, of the entire population in conservation and protection of forests + Article 26 For the education of working people, and in the first place of youth, in the spirit of care, love and respect for the forest-one of the most important natural riches of the country-, popularizing the social and economic importance of the forest, formation of a mass opinion conducive to its preservation and defense, maintaining ecological balance, in order to improve the climate and the environment, annually the "Forest Month" will be organized, between March and April, by the Ministry Forestry, with the contest of the Ministry of Education and Education, Youth Union Communist and the executive committees and offices of the popular councils. This action will ensure a wide participation of students, youth and other categories of citizens in afforestation works. It will also ensure the participation of the population in works in nurseries, care, cleaning and forest protection against diseases, pests and other negative factors. + Article 27 In schools of all grades, educational actions will be organized on conservation, protection and development of forests, an important factor in ensuring ecological balance. Also, permanent and sustained actions will be organized to inform the broad masses-through the press, radio and television-on the role of the forest and the need to protect it, about the activities carried out in the management of the fund forest. + Chapter 7 Liabilities and penalties + Article 28 Violation of the provisions of this law attracts, as the case may be, disciplinary, material, civil, contravention or criminal liability of the guilty person. + Article 29 Occupation of forests or land from the forest fund without legal approval, occupation of larger areas of this fund or location on other lands in the forest fund, temporarily used, on the date set by the act of approval and in order to be forested, repeatedly enjoyed, constitute crimes and are punishable by imprisonment from 3 months to 1 year. + Article 30 Cutting or removing from roots, without right, trees, saplings or shoots, with or without lifting them from forests or from land with forest vegetation located outside the forest fund, belonging to socialist units, if the value the damage, calculated on a tariff basis, is more than 1000 lei or if the value of the damage is less than 1000 lei, but the act has been repeatedly enjoyed, constitutes a crime and is punishable by imprisonment from one month to six months or with a fine of 1000 lei to 5000 lei. The facts provided in par. 1 are punishable by imprisonment from 3 months to 1 year if they are enjoyed in one of the following conditions: a) during the night; b) in forests or on land with forest vegetation that fulfil the role of protection; c) two or more persons; d) in the 2-year period from the date of the final conviction of the perpetrator for a forestry offence. The attempt is punishable. + Article 31 Destruction or injury of trees, seedlings or shoots by grazing in areas or forests where grazing is not allowed, if the value of the damage, calculated on a tariff basis, is more than 1000 lei, constitutes a crime and is punishable by imprisonment from one month to 6 months or with a fine from 3000 lei to 10000 lei. The facts provided in par. 1 shall be punished with imprisonment from 6 months to 2 years if the value of the damage, calculated on a tariff basis, is more than 10000 lei. + Article 32 The use without right of the forest hammer is punishable by imprisonment from one month to 6 months or with a fine of 3000 lei to 10000 lei. + Article 33 Besides the prosecution bodies, they are empowered to find the crimes provided by art. 29-32 engineers and technicians with attributions in the field of forest guard in the Ministry of Forestry, forestry inspectorates, forest fields and forestry departments. Also, foresters, forestry brigadiers and heads of forest districts are empowered to find the forestry crimes provided for in art. 30 30 and 31. The finding agent, accompanied by a delegate of the committee or executive office of the municipal folk council, of the city sector of Bucharest, city or communal, as the case may be, is authorized to identify, in the places where they are located, wood materials derived from criminal offences. + Article 34 The minutes of finding the crimes are sent, in order to calculate the value of the damage, to the forest detour within which the crime was enjoyed. After the calculation, the head of the forest district sends the minutes, together with the calculation made, to the competent prosecutor, incunoststretching about this and the organ that concluded the minutes. + Article 35 The following facts are contraventions, if they have not been enjoyed under such conditions, according to the criminal law, they are considered crimes and are sanctioned as follows: A. From 2,000 lei to 20,000 lei, the occupation of forests or land from the forest fund without legal approval, the occupation of larger areas of this fund or the location of works on land other than those approved or the non-sale of land in the forest fund, temporarily used, at the deadline set by the act of approval and in order to be forested. The penalty can also be applied to legal entities. B. From 1,000 lei to 2,000 lei: a) the transport of wood material by car or hypo from the place of storage or cutting, not accompanied by acts of origin, or the refusal of the driver of the means of transport loaded with such material to transport it to the place indicated by forestry personnel or to stop at the signal made by the forestry personnel, or to present, at its request, the documents of origin. The sanction shall apply both to the driver of the means of transport and to the transport beneficiary; b) bringing or storage, in forests or on land with forest vegetation outside the forest, stone, rubble, garbage, animal bodies or residues; c) the deletion of marks or names on shafts; d) cutting or removing from the roots, without right, trees, seedlings or shoots, with or without lifting them from forests or from land with forest vegetation belonging to socialist units; e) cutting or appropriation, without right, of ornamental trees-fir or spruce-from forests or from land with forest vegetation belonging to socialist units, or sale or transport of them, without legal acts; f) evading, from forests or from land with forest vegetation belonging to socialist units, trees brought down by natural phenomena, or trees, seedlings or shoots that have been cut or removed from the roots, without right, by other persons; g) damage to trees, seedlings or shoots by grazing in areas or forests where grazing is prohibited; h) grazing without authorization or contrary to the provisions of the grazing authorization, in the forest or land of the forest fund; i) deterioration of the works of torrents in the perimeters of improvement constituted in the forest fund; j) making excavations in forests or other lands in the forest fund, to remove stone, gravel, sand, land, grass trees or other such, without the prior approval of the socialist unit in whose administration or use is located forests or land; k) the throwing of cigarettes, matches or other objects lit, in forests or on other lands in them, or the lighting of fire in forests, in places other than those specially arranged and marked; l) the exploitation of parquets, coupons or lots of trees, before the term provided for in the exploitation authorization or after its expiration, or in the eras in which the exploitation is prohibited by legal norms, or the giving in production, in the current year, the wood mass in the flooring intended, according to the single national plan, for the following years; m) the cutting or injury of unmarked trees in the prosecutor's offices under exploitation; it does not constitute an offence inherent in the technological process or which could not be avoided due to the application of the labor protection norms, if in the place injured trees and in their immediate vicinity were left corresponding trees from those destined for exploitation, marked as such by the forestry organs; n) leaving in the parquet at the expiry of the term provided for in the authorization of exploitation, of uncut trees of those intended for exploitation, of felled trees and capitalized trimmed material, or the leaving of wood material on the valleys or along the facilities to remove and transport; o) the non-compliance or non-cleaning of the remaining exploitation in the prosecutor's offices assigned to exploitation, within the deadlines and conditions provided by the legal norms; p) non-execution of the obligation that, when the exploitation of resinous forests, the carbs are peeled at the pine and spruce entirely, and at the fir and the other resinous by belt, as well as the maintenance in the forest and in the warehouses, in the range from 1 April on 1 October, of unripe resinous wood. C. From 500 lei to 1,500 lei: a) the destruction or degradation of trees, juveniles, shoots or seeds of crops or natural regenerations, or on land with forest vegetation belonging to socialist units; b) deterioration of forestry, win-selling, fish, mountain waters, fencing, barriers or other similar works, located in forests or on land in the forest fund; c) damage, erasure or erection of boundary signs, geodesy or topography, warning tablets or signs, located in forests or other lands in the forest fund; d) cutting by holders or owners of land with forest vegetation, not included in forest facilities, by trees not marked by forestry organs; e) removal from the roots or erection from the forest, without the approval of the socialist unit in whose administration or use the forest is located, of cioats that are not intended for the natural regeneration of the forest, crates or operating debris; f) damage to the carving of natural regeneration or leaving, in the parquet to be operated, of carving of a height of more than one third of the diameter, measured at the upstream side; g) non-fulfillment within the period established by the forestry bodies of the obligation to sanitize and clean the forest vegetation outside the forest fund of dry trees, downed or broken by wind, or attacked by insects; h) the installation of hives in pastoral in the forest fund or the forest building, without the authorization issued according to the regulations in force, or their location in places other than those provided for in the authorization; i) the location in forests of some constructions, removal roads or passenger installations necessary for the exploitation of prosecutors or caressing boots, without the opinion of the forestry bodies or in other places than those provided for in their opinion; j) sale, without documents type of origin, of wood material bought for its own needs from forestry units or logging and transport units. D. From 500 lei to 1,000 lei: a) collection or harvesting, without legal approval, from forests or other lands from the forest fund, of leaves, branches, grass, alfalfa, acorn, jir and other forest seeds, resin, cetina, buds, medicinal plants and other accessory products of forest; b) parking of motor vehicles in forests, dendrological gardens, forest parks, forest nurseries or other lands in the forest fund, in places other than those marked, as well as the movement of vehicles or the passage with animals outside the roads permits for movement, as well as through forest vegetation located outside the forest fund; c) installation in forests or on land from the forest fund of tents, mobile tonettes or other such objects in places other than those established and marked by forest ocoals. E. From 200 lei to 500 lei: a) the movement of persons in forests, through prohibited places established by markings installed by forestry units, leaving animals unattended to grazing in forests or grazing them in forests under conditions other than those provided by law; b) to bring and maintain on the hives, assigned in the forest, domestic animals and birds; c) throwing or leaving inside or at the liziera of the forest of household debris, packaging, residues from motor vehicles or other such. + Article 36 The contraventions provided in art. 35 lit. To be found by engineers and technicians from forestry ocoals and forestry inspectorates, empowered for this purpose by the chief inspectors of the forestry inspectorates, and the application of the fine and the establishment of compensation, calculated on the basis of tariff, are made by resolution on the minutes of finding these contraventions by the chief inspectors of the forestry inspectorates. The other contraventions are found by foresters, forestry brigadiers and forest district chiefs, technicians and engineers at the forest and forestry inspectorates and the Ministry of Forestry, empowered for this purpose, as the case may be, by the authorities. the chief inspector of the forestry inspectorate or the minister of forestry, as well as mayors, officers and militia sub-officers. The finding agent also applies the sanction. The finding agent, accompanied by a delegate of the committee or executive office of the municipal folk council, of the city sector of Bucharest, city or communal, as the case may be, is authorized to identify, at the places where they are located, materials resulting from the enjoyment of the contravention. + Article 37 Against the minutes of finding the contravention you can make the complaint within 15 days from the date of its communication. The complaint shall be lodged with the body to which the finding agent belongs. + Article 38 In the case of contraventions for which fines of more than 1,000 lei are imposed or if the compensation established on the basis of tariff or the value of the confiscated things exceeds 1,000 lei, the complaint is settled by the court in whose territorial area It was savirsied. In the other cases the complaint shall be resolved as follows: a) by the head of the organ to which the ascertaining agent belongs or by the person who occupies the hierarchical position immediately superior to the ascertaining agent, empowered by the head of this organ, if the contraventions were found by engineers and technicians in the Ministry of Forestry. If the contravention was found by the leader of the organ, the complaint shall be settled by the head of the higher hierarchical organ; b) by the chief inspector of the forestry inspectorate in whose radius the contravention was committed, in the case when the act was found by agents empowered by him; c) by the committee or executive office of the popular council, if the contravention was found by the mayor. + Article 39 They are subject to confiscation of things produced by contravention and those that served to enjoy it, if they are of the offender, as well as the things endowed by the enjoyment of the contravention, if they are not returned to the injured person. In so far as this law does not have, the contraventions provided in art. 35 the provisions of Law no. 32/1968 on establishing and sanctioning contraventions. + Article 40 Persons empowered to find crimes and contraventions according to art. 33-36 are assimilated, in the exercise of their duties arising from the empowerment, to the personnel who perform a function involving the exercise of the state authority. + Chapter 8 Final provisions + Article 41 The organs of the Ministry of Interior, the prosecutor's office and the judiciary will ensure, through direct participation, the necessary support of socialist units, in the activity of knowledge and popularization of the law and will follow strict compliance with its provisions, taking measures to prevent and combat the farm of any violations of the provisions of this law. + Article 42 The collective management bodies of the state and public socialist units will take measures for the strict knowledge and application of the provisions of this law and to encourage and support the actions of conservation and protection of forests. + Article 43 The way of assessing the damage caused to the obstesc damage by cutting, removing from the roots, destroying, degrading or evading trees, seedlings and shoots is the one set out in Annex no. 5. + Article 44 On the date of entry into force of this Law, the normative acts provided in Annex no. 6 6 is repealed. + Article 45 This law shall enter into force 30 days after its publication in the Official Bulletin. + Article 46 Annexes no. 1-6 are an integral part of this law. -----------------