Law No. 2 of 30 October 1987 on the preservation, protection and development of forests, their rational economic exploitation and maintaining the ecological balance of the ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 52 of 9 November 1987, National Assembly of the Socialist Republic of Romania adopts this law.
Chapter 1 General provisions Article 1 In the Socialist Republic of Romania, the conservation and protection of forests constitutes an issue of national interest.
Conservation, protection of forests and better management of forestry, an integral part of the General activity of the planned economic and social development of the country is carried out in accordance with the fundamental principles and objectives of the policy of the party and rule of faurire of socialist society and advancing multilateral developed Romania toward communism.
Article 2 the defence and improvement of the environment, the maintenance of ecological balance, through the conservation and protection of forests, constitutes a basic duty of the State bodies and organizations, cooperatives and other public bodies and organizations, to all citizens.
Conservation and development of forest fund are carried out mainly through: a) intactness of the forest fund;
b) limiting deforestation for timber, so they fall strictly within the possibility of normal growth of forests, forest management plan has been established by developed according to law;
(c) increasing the share of forest) in some areas with less favourable climate;
d) avoidance dezgolirii soil through cuts in order to ensure its forests and protection functions and production thereof;
e) application technologies of harvesting and collection of wood, which do not affect the ecological balance;
f) realization of corresponding structures stands with report composition and density of trees in the forest, HA;
g) preventing degradation processes of forests and forest soils, which can lead to premature drying of the trees on foot;
h) promotion in the culture of indigenous species, and impadurirea all neregenerate surfaces from the forest fund;
I) return economy through afforestation of degraded lands, excessive or in areas considered unsuitable for sliding farm;
j) guard their forests and protection in order to prevent and combat pests and diseases, fires, destruction and degradărilor;
k) increasing the contribution of scientific research and its results in the enhancement of recovery;
l) harnessing more intense of forestry and conservation, Woody mass;
m) the raising of professional specialists, technical cadres of all personnel worker, corresponding to the needs of intensive management of forests;
n) educating people at work, and in the first youth in support of care, love and respect, the popularization of the social and economic importance of the training of the population turn an opinion favourable to the development, conservation and protection thereof.
Article 3 the Ministry of Forestry will take measures to maintain the proper condition of forest plantations for the protection of agricultural land and forestry situated curtains along the communication routes, so that they can perform the role for which they were created.
Article 4 in order to improve climatic factors and improvement of working conditions and lives of the population, will be carried out under the conditions and with the approval of law: a) green areas around enterprises, in order to remove the harmful effects of their activity, as well as around urban localities;
affected by drought and strong winds, according to the annual plans for economic and social development of the country.
Article 5 State bodies and organisations, cooperatives, other public organizations, who in the Administration, service or property land covered with forest vegetation located besides forestry, are obliged to ensure its preservation in order to protect the settlements, industrial targets, agricultural land, paths of communication, water courses, lakes, reservoirs and improve the climatic factors, in accordance with the law.
Chapter 2 Keeping the integrity of the forest fund, conservation, protection and development of forests, limiting deforestation by timber Article 6 Keeping the surface of the forest fund, in accordance with the plan of regional planning and use of the Land Fund is a national obligation.
It is prohibited to reduce any reason of forestry and forest vegetation from outside it.
Article 7 the Ministry of Forestry is responsible for ensuring the integrity and good management of forestry, regardless of owners, keeping, cultivating and exploiting forests, achieving exactly the national programme for the conservation and development of forest fund.
Article 8 in order to achieve a proper distribution of the territorial forests, ensuring the productive potential and to preserve the ecological balance, shall be prohibited for a period of 10 years the main products in the logging areas described in the annex. 1. In the areas referred to in paragraph 1. 1 will run only in the context of works culled from the conservation and care of forests, hygiene and cleaning.
Article 9 with a view to conserving valuable forests of oak, sessile oak, Galloway, sky, lime, beech, FIR, spruce, and for obtaining high-quality industrial products, particularly wood veneer and resonance in these forests, logging can be done only at ages referred to in the annex. 2. In Article 10 the trees which fulfil special functions, determined as such by the forest management plan, as well as those located on stîncării and debris, will be able to execute, as appropriate, only works for preservation and care, and hygiene and cleaning.
Article 11 the volume of timber are harvested annually, what geographical areas and destinations, approved by Decree of the State Council. Timber harvested annually is what sets the limit of the possibility of the forest, forestry, building according to out-dezgolirii and are avoiding soil protection, strengthening protection functions of forest stands, the stability of the natural ecosystems, improvement of climate factors, maintaining constant water flow and continuity of production.
Article 12 Socialist Units have obtained according to law, the prior approval of the investment objectives or production on lands of the forest fund, are obliged to recover and to organise in advance, in order to impaduririi, an area equivalent to the one occupied permanently.
On land permanently occupied or used on a temporary basis, according to the law, for the needs of other sectors of the national economy, deforestation logging is done gradually, as you work front.
Chapter 3 the promotion of indigenous species in culture, regeneration and restoration of the economy, through afforestation of degraded lands, excessive or in areas considered unsuitable for sliding farm Article 13 the Ministry of Forestry is responsible for impadurirea, according to the single national plan economic and social development and special programs relating to the development, conservation and management of the forest fund, all surfaces of this Fund, as well as ensuring the proper density of trees per hectare in all forests.
The density of trees in the forest, HA, forest species, all ages and categories of soil fertility, is set out in the annex. 3. In article 14 in order to achieve appropriate structures in the culture of indigenous species, will provide: a) to promote, through natural, promotes afforestation and additions, the oak, the oak reserve harbours, fagului, walnut, lime, ciresului, salcîmului, paltinului frasinului,, girnitei, and other valuable hardwood species in terms of forestry and ecology;
b) culture in appropriate areas of laricelui, FIR, molidului, duglasului and pins.
It is prohibited the expansion of species, salcîmului and poplars in areas favourable to culture the oak and oak.
Article 15 in order to ensure its forests and their functions, as well as to increase the areas what regenerate naturally, will promote intensive treatments with regeneration under the shelter of trees, adoptindu-se technologies with long periods, as well as with continuous regeneration periods established by the forest management plan.
In the forest and in forest vegetation are prohibited from cutting out its races. Cutting breed may be paid under the conditions and with the approvals prescribed by law on small areas, or in strips in pure stands of spruce, sugar maple, willow, euramericani, strong team stands affected by doborîturi of wind, snow, product rupture with premature drying phenomena, as well as in cases when doing works of restoration-substitution in poorly productive stands who cannot shelter redoes under trees established as such by the forest management plan.
The harvesting and collection of wood will be used only by which technologies prevent soil degradation, destruction and damage to the trees in semintisului left on foot. Forest roads will be laid out and constructed, according to law, so as not to affect the stability of slopes and water regime.
Article 17 the Ministry of forestry will ensure the production, certification and genetic control of all seedlings.
The care, management and protection of seed resources and s will be made so that the total quantity of seed to come from nature reserves consisting of the most valuable forests and plantations from seed.
Article 18 the land recorded in the land cadastre, overly obvious degraded and hence unsuitable for mixed farm, established by programs approved by law will be afforested by the owners or keepers thereof, as appropriate.
Chapter 4 enhancement of sanitation and cleaning operations of the Ministry of forestry's forest article 19 directs, controls and respond, under the law of organization of all screening, preventive actions and combat pests and diseases of forest and vegetation in the forest out of the forest fund.
Article 20 for the conservation and development of forest fund, to ensure appropriate plant health of forests, forest owners and other forests and lands covered with forest vegetation have the obligation to apply the measures tested exactly, preventing and combating pests and diseases, as well as those of the guard, prevention and firefighting.
Rules to ensure the hygiene condition of forests, including forest cultures, binding on all holders of forests, are those set out in the annex. 4. In article 21 the prevention and control of pests and diseases of forest and forestry crops are made in a uniform manner, in accordance with approved programs of action, on the basis of detection and forecasting.
In order to ensure the effectiveness of protection measures, through action programmes will be made compulsory, referencing, what treatments are carried out in forests with those applying in crops and pastures and fîneţe.
For proper application of treatments to prevent and combat pests and diseases, the responsibility lies with the driver of each forest unit or, where appropriate, of each unit holder of lands covered with forest vegetation.
Article 22 in relation to measures for the protection of forests will be carried out mainly in action areas heavily damaged by pests and will ensure execution of all works of hygiene-removal of trees dried, drying, doboriti or who are attacked by pests and diseases, wearing total cioatelor and the trees cut or doboriti and the like-the forest perimeters and out of the forest fund.
Measures for prevention and control of pests and diseases apply differentiated, depending on the nature and intensity of the attack and the nature of each forest.
Article 23 in order to prevent damage caused by pests and diseases, as well as for the removal of permanentizarii and expansion of danger of outbreaks of the forest inspectorates will execute the necessary treatments to combat on land covered with forest vegetation belonging to other owners, if they are not carried out on time and under appropriate conditions. The costs of execution will be borne entirely by land holders concerned.
Article 24 ministries, other Central and local bodies of State and cooperative enterprises, which have subordinated units whose activities can bring, by polluting the environment, damage to forest fund forest vegetation and its outside, are obliged to take the necessary steps to exclude any negative consequences of these activities.
Chapter 5 Enhancing the contribution of scientific research to better conservation and protection of forests and the enhancement of its production recovery results in Article 25 in order to increase the contribution of scientific research to achieving and maintaining ecological balance, in the conservation and protection of forests, scientific research, technological development and the introduction of technical progress in forestry will mainly have the following objectives: structure and knowledge of) the functioning of forest ecosystems;
(b) selection and improvement), regeneration, and expanding the culture of forest species, particularly those valuable native;
c) producing propagating material to ensure improved genetic domestic needs and for export;
d) conservation and care of forests in the area of flatland, in particular those with oak, sessile oak, Galloway, sky, lime and sugar;
(e) establishment of optimum structure of) forest stands in terms of composition and density of trees per hectare;
f) development of technologies for the regeneration of forest stands, and leadership, as well as for the ecological reconstruction of unstable areas from the point of view of climate and other environmental factors;
g) evaluation of the protective functions of forests and increase the contribution of forestry to the development of other sectors of the national economy and the protection of the environment;
h) creation of plants resistant to diseases and pests and the adverse influences of climate factors;
I) seed development, so as to ensure the entire necessary seeds and genetically improved material of afforestation, for domestic needs and for export, making the exchange of seeds of valuable species, high productivity, with other countries;
j) elaboration of improved technology for the complex arrangement of watershed rain from the mountains and hills and impadurirea degraded lands;
k) top of harnessing the medicinal plants, fruits, fungi, tree bark and other non-wood forest products; chimizarea in order to obtain products of active substances, pharmaceuticals, cosmetics and others;
l) methods of improvement prevention and combat of forest pest and disease by replacing toxic pesticides, reduce the dosage used and expanding the use of biologic drugs and chemicals are biodegradable with low remanence;
m) improvement of methods and procedures of forest with multiple functions and estimation of mass industrial production of timber;
n) defining and setting up a system to monitor negative influence factors on the development of forestry and environmental factors;
an expansion of international cooperation) for the conservation and protection of forests.
Chapter 6-participation of all working people, the entire population of the conservation and protection of forests article 26 For educating working people, and first of all youth, in the spirit of care, love and respect-one of the most important natural riches of the country-, social and economic importance of forest, forming a favorable opinions of mass conservation and its defence maintaining ecological balance, in order to improve the climate and the environment, it will hold annual "Forest Moon", in the March-April period, the Ministry of forestry, the Ministry of education and the Communist Youth Union, Education and executive committees of councils and their offices.
Under this action will ensure a wide participation of students, youth and other categories of citizens in the work of afforestation.
It will also ensure the participation of the population to work in the nurseries, care, cleaning and protection of forests against pests, diseases and other negative factors.
Article 27 in the schools of all grades will organize educational actions concerning the conservation, protection and development of forests, important factor in ensuring the ecological balance.
It also will be a permanent and sustained actions 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 taking place in forestry management.
Chapter 7 Liabilities and penalties Article 28 violation of this law shall entail, as appropriate, disciplinary, material, civil, administrative or criminal law of a person.
Article 29 or forests Occupy lands from the forest without legal approval, the occupation of areas in this Fund or the location of other forestry lands, used temporarily, the date fixed by the notice of approval and able to be afforested, committed repeatedly, constitute criminal offences and are punishable by imprisonment from 3 months to 1 year.
Article 30 Cutting or removal of roots, without right, trees, seeds, sprouts and times with or without lifting them from forests or land covered with forest vegetation located besides forestry, belonging to the Socialist units, where the value of the damages, calculated on the basis of the charge exceeds 1000 lei or if the damage is less than 1000 lei, but the deed was committed repeatedly constitutes infringement and is punishable by imprisonment from one month to six months or by a fine of from 1000 to 5000 lei lei.
The acts referred to in paragraph 1. 1 is punishable with imprisonment from 3 months to 1 year if they are committed in any of the following conditions are met: a) during night-time;
b) in forests or on land covered with forest vegetation that fulfils the role of protection;
c) of two or more persons;
d) within 2 years from the date of final conviction of the perpetrator for a crime metropolis.
The attempt is punishable.
Article 31 the destruction or damage to trees, puietilor or pasunare in the shoots through areas or forests where grazing is not allowed, if the amount of the damages, calculated on the basis of the charge exceeds 1000 lei, constitutes infringement and is punishable by imprisonment from one month to six months or with fine of 3000 lei to 10000 lei.
The acts referred to in paragraph 1. 1 is punishable with imprisonment from 6 months to 2 years if the amount of the damages, calculated on the basis of the charge is greater than 10000 lei.
Article 32 right to Use forest without hammer is punishable by imprisonment from one month to six months or with fine of 3000 lei to 10000 lei.
Article 33 in addition to the criminal investigation bodies are empowered to check the crimes provided for in art. 29-32 engineers and technicians in the field of forest guard of the Ministry of forestry, forestry inspectorates, local forestry departments and silvocinegetice.
Also p, brigadierii foresters and forest districts heads are empowered to check forestry crimes provided for in art. 30 and 31.
Claim agent, accompanied by a delegation of the Committee or the Executive Bureau of the municipal people's Council, Bucharest, sector of the city or municipal board, as appropriate, is authorized to identify, in the places where they are located, the wood materials derived from crime.
Article 34 minutes of the crime shall be sent, in order to calculate the value of damage, oneşti within which the offence was committed.
After the calculation, the head of oneşti send the minutes, along with the calculation done, Prosecutor, încunoştinţînd about this and the organ that has concluded the report.
Article 35 Constitutes offences the following acts, if they were not committed in such circumstances that, according to the criminal law, are considered to be offences and shall be imposed as follows: a. to 2,000 lei lei, 20,000 forests or land from the forest without legal approval, the occupation of areas in this Fund or the location of other works on the land or land of forestry neredarea used temporarily, at the time fixed by the Act and the State of being.
The penalty may be applied to legal persons.
B. from 1,000 to 2,000 lei lei: a) transport means timbers or hypo from the place of storage or cutting, unaccompanied acts kind of provenance, or non-driver vehicle loaded with such material to carry it at the place indicated by the staff of the forest or to stop at the signal made by staff, or to submit at his request, the documents of origin. The sanction applies both the driver of the means of transport, as well as the beneficiary;
b) bringing in forests or storage, or on land covered with forest vegetation outside of the forest fund, stone, debris, rubbish, animal cadavers or waste products;
c) deletion of trademarks or names of trees uprooted times;
d) removal dissection times without roots, tree, puietilor times with or without irradiation, lifting them from forests or land covered with forest vegetation belonging to the Socialist units;
e) cutting times without appropriating, ornamental trees-FIR or spruce forests or land covered with forest vegetation belonging to the Socialist units, or to sell their transport times without legal acts;
f) forests, or taking on the lands covered with forest vegetation belonging to the Socialist units, doboriti trees of natural phenomena, or trees, saplings times that were cut sprouts times removed from the roots, without right, of another person;
g) tree, puietilor injury shoots through pasunare times in areas or forests where grazing is prohibited;
h) grazing without authorization authorization provisions contrary times pasunare, forests or land from the forest fund;
I) damage of torenţilor works in the perimeters of improvement in forestry;
j) carrying out excavations in forests or on other lands from the forest, to remove the stone, gravel, sand, grass, ground furrows or other such without prior approval of Socialist Unity in whose administration or use lies or forests;
k) throwing cigarettes, matches, or other objects in the forest or other land in their contents, or the lighting of a forest, in places other than those specially designed and marked;
l) operation of parquet, coupons or lots of trees, before the time limit laid down in the authorization of exploitation of the time after the expiration thereof, or where the operation of eras is prohibited by legal rules or putting into production in the current year, timber from national prosecution intended, according to the national plan unique, for subsequent years;
m) tree was cut or injury nemarcati from national prosecution pending operations; not constitute irregularity inherent injury or technological process which could not be avoided due to the application of the rules for the protection of labour, if instead the trees harmed and in their immediate vicinity have been let out of the appropriate trees destined for exploitation, marked as such by forest bodies;
n) leaving the parquet at the expiry of the operating licence, netaiati of the trees destined for exploitation, trees cut and shaped material or leaving of sub-loan timber valleys or along the facilities removed and transport;
a nestringerea or necuratirea) remains in prosecutors ' offices assigned to exploitation within the prescribed time, towards and under the conditions prescribed by the regulations;
failure to perform the obligation), at the forestry, to cojeasca cioatele at pine and spruce in full, and to brad and other softwoods by curelare, as well as the maintenance of the forest and into warehouses, in the range from 1 April to 1 October, resinous wood peeling.
C from 500 to 1,500 lei lei: a) the destruction or degradation of trees, puietilor, shoots or semintisurilor from crops or from natural, promotes on land covered with forest vegetation belonging to the Socialist units;
b damage to forest improvement) vinatoresti, fisheries, water, imprejmuirilor, or barriers to other similar works found in forests or on land from the forest fund;
c) damage, wiping or picking up signs of surveying, Geodesy or milestone, the tablitelor or warning indicators in forests or on other lands from the forest fund;
d) by cutting the holders or possessors of lands covered with forest vegetation, non-forest management plan, nemarcati trees forest bodies;
e) removal from roots or lifting from the forest, without the approval of Socialist Unity in whose administration or use lies, Nottingham Forest who are not intended for natural forest regeneration, coloring or scrap of exploitation;
f) damage to natural regeneration or cioatelor intended to leave in what Prosecutor's exploits, Nottingham with a height greater than one third of the diameter, measured in the upstream;
g failure to comply within the time limit set) of forestry bodies of the obligation to igieniza and clean forest vegetation outside of the forest fund of dry trees, doboriti or torn by wind, or attacked by insects;
h) installing beehives in the forest or in pastoral at the edge of the forest, without authorization, granted according to the regulations in force, or their location in places other than those set out in the authorization;
I had the location in the Woods) buildings, roads or mast installation decommissioning necessary for operation of prosecutors or bocselor charcoal, without the opinion of forestry bodies or in places other than those provided for in the notice thereof;
j) sale of undocumented origin, type of timber bought for own needs from forestry or forest exploitation units and transport.
D. from 500 to 1,000 lei lei: a) the collection or harvesting without legal approval, forest or other land from the forest, leaves, branches, grass, alfalfa, Acorn, jir and other forest seeds, resin, cetina, buds, herbs and other accessories of the forest;
b) parking vehicles in forests, gardens, parks and forestry;, forestry nurseries or other forestry lands in places other than those marked as well as the movement of vehicles or animals in transition out of roads allowed for circulation, as well as through forest vegetation located besides the forest fund;
c) installation in forests or on land from the forest of tents, mobile tonete or other such objects in places other than those established by the local forestry and marked.
E. from 200 to 500 lei lei: a) the movement of persons in the forests, through the places prohibited marks set by forestry units installed, leaving the animals unattended to pasuneze in their forests or grazing in the forests under conditions other than those provided for by law;
b) bringing and keeping on hearths of apiary, assigned in forestry, domestic animals and birds;
c) throwing or leave within or at the edge of the forest of catering waste, packaging, motor vehicles or the like.
Article 36 Violations referred to in art. 35 lit. To establish by engineers and technicians from local forestry and forestry inspectorates, empowered for this purpose by the inspectors, heads of forestry inspectorates, and application of the fine and setting compensation, calculated on the basis of the tariff, through the resolution on the reports of such offences by the Chief Inspectors of forestry inspectorates ai.
Other offences are found by brigadierii padurari, foresters and forest districts, chiefs of engineers and technicians from local and forestry inspectorates of the Ministry of Forestry, and empowered for this purpose, where appropriate, by the Chief Inspector of the Forestry Inspectorate or forestry Minister, as well as mayors, militia officers and subofiteri.
Claim agent apply sanction.
Claim agent, accompanied by a delegation of the Committee or the Executive Bureau of the municipal people's Council, Bucharest, sector of the city or municipal board, as appropriate, is authorized to identify, to places where the resulting materials are located, by committing the contravention.
Article 37 against the report of violation may make the complaint within 15 days from the date of its communication.
The complaint shall be lodged to the organ in which the agent is discovered.
Article 38 in the case of offences for which foresees fines of more than 1,000 lei or if compensation determined on the basis of the rate times the things seized in excess of 1,000 lei appealed court deciding in whose territory it was committed that offence.
In other cases, the complaint is hereby resolves as follows: a) the leader of the organ in which the agent is discovered or by the person in charge hierarchically next higher function claim agent, authorized by the head of this body, in cases when the violations were recorded by engineers and technicians from the Ministry of forestry. If the offence has been ascertained by the head of the body, the complaint shall be settled by the hierarchically superior body leader;
b) Chief Inspector of the Forestry Inspectorate within which the illustrious irregularity, when the deed was recorded by agents empowered by it;
c) by the Committee or the Executive Office of the Council, when that offence has been ascertained by the Mayor.
Article 39 are subject to confiscation by the fine things and those who served from committing it, if you are of the offender, as well as committing the contravention or acquired through things, if they are not returned to the injured person.
To the extent that the present law has not, offences referred to in articles. 35 they are applicable to the provisions of law No. 32/68 on the establishment and sanctioning violations.
Article 40 persons empowered to establish offences and offences under art. 33-36 are assimilated, in exercising the functions of the Procuracy, the personnel that performs a function involving the exercise of State authority.
Chapter 8 final provisions Article 41 bodies of the Ministry of the Interior and justice, the Prosecutor shall ensure, through direct participation, support for Socialist units of knowledge and dissemination of the law and will follow the strict observance of the requirements of this directive, taking measures for the prevention and control of farm any infringement of the provisions of this law.
Article 42 the collective organs of socialist State and public will take measures for knowing and applying the strict provisions of this law and for encouraging and supporting actions for the conservation and protection of forests.
Article 43 the assessment of damage caused to public property through cutting, removing from the roots, destruction, degradation or evading trees, puietilor and shoots is that laid down in the annex. 5. Article 44 on the date of entry into force of this law, the regulatory acts listed in annex No. 6 is repealed.
Article 45 nothing in this law shall enter into force thirty days following its publication in the Official Gazette.
Article 46 appendices. 1-6 are an integral part of this law. -----------------