Law No. 81 Of 20 November 1993

Original Language Title:  LEGE nr. 81 din 20 noiembrie 1993

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LAW No. 81 of 20 November 1993 concerning determination of damages in the event of damage caused by the forest fund forest vegetation outside of the forest fund lands situated on public and private property and ISSUING vinatului economy published in PARLIAMENT OFFICIAL GAZETTE NR. 275 of 29 November 1993, the Romanian Parliament adopts this law.


Article 1 any damage caused through cutting, removing from the roots, destruction, degradation or evading trees, puietilor or irradiation, products of the forest fund, forest vegetation outside of the forest fund lands situated on private and public property, if the damage is produced by the facts constituting the offence or offences, it evaluates the conditions laid down in the annex. 1 to this law.


Article 2 the damage caused by cutting, removing from the roots, destruction, degradation or evading trees, puietilor or irradiation, where liability is established in accordance with the provisions of the labour code, it evaluates the conditions laid down in the annex. 2 to this law.
Where it is proved that the damage occurred with the news or in agreement with the forestry staff tasked with guarding and managing forestry, assessment of damages will be made under the provisions of the annex. 1 of the Act.


Article 3 in the case of damage caused by the forest of scientific interest and protection of ecofondului forest preserve and determined as such by the appropriate amenajamente forest, bounded, where logging is prohibited, the amount of compensation determined on the basis of the annex. 1 of the Act shall be increased by 5 times.
The curtains are permitted logging forest forest-cultural care and regeneration based on specific technical rules.


Article 4 the amount of the indemnity to cover damage caused by vinatului economy the infringements referred to in article 1. 32 and 34 of the law No. 26/1976 concerning hunting and whaling is established according to schedule. 3 to this law.
In the case of damage to the economy from vinatului farms, tarcuri and parks, the amount of compensation determined according to schedule. 3 shall be increased 5 times.


Article 5 Limit value of damage, depending on the facts. 30 and 31, paragraph 2. 1 of law No. 2/1987 concerning the conservation, protection and development of forests, their rational, economic exploitation and the maintenance of ecological balance constitute offences, resulting from increases in the price of 5 times the average of a cubic meter of timber on the date of the finding. This price shall be determined by the Ministry of waters, Forests and environmental protection.


Article 6 Compensation determined under art. 1-4 to cover the damages of the forest fund, forest vegetation out of forest fund lands administered by Autonomous forest "Rnp" private-owned forest vegetation and vinatului economy shall be levied through subunits "Rnp"-r.a., by the Institute of forest research and member associations, or others of A.G.V.P.S. and owners through the territorial bodies of the Ministry of Finance where appropriate, and shall be used for the culture and the reconstruction of its forestry and hunting funds.
Tracking cash compensation is made as follows: a) Overhead of subunits "Rnp", Institute of forest research and member associations, of A.G.V.P.S. when the offender accepts payment of compensation, within 48 hours of the finding;
  

b) tax authorities of the General Directorates of public finance and financial control of County, state laws regarding enforcement, where the offender refuses payment according to the disposition; damage to). forestry on private lands, through cutting, removal of roots, destruction, degradation or removing trees, puietilor or irradiation shall be established at the request of the owners of the subunits of the overhead "Rnp".
The Act of finding referred to in paragraph 1. 3 serves to obtain enforcement in accordance with the law.
Tax authorities will proceed to enforcement and will steer the Institute of forestry, subunits forest research and member associations, or private owners of A.G.V.P.S. shall, where appropriate, the amount of the compensation in question, plus the costs of enforcement.


Article 7 in respect of the animals hunting holders of agricultural land shall be determined in accordance with the law, at their request, representatives of local government, together with the representative of the Fund of the pagubita and it supports by holders of these funds. Compensation will be paid to the holders of land in question not later than 2 months from the date of obtaining enforcement. In the event of non-payment, the competent authorities shall proceed in accordance with the last paragraph of art. 6. in the case of Fund observe the assignee within 48 hours of his announcement, the discovery will be made only by the representative of local government, the pagubita and the two witnesses were neutral.


Article 8 the Government will update in relation to price developments, the value of the compensation provided for in the annexes to the present law.


Article 9 the Government Ordinance. 2/1992 concerning the determination of damages in the event of damage caused by the forest fund forest vegetation outside of the forest fund located on public fields and vinatului economy, Government Ordinance No. 27/1993 concerning determination of damages in the event of damage caused by forestry, forest vegetation on the land public property located in out of the forest fund, and vinatului economy, as well as any provisions contrary to this law are hereby repealed.
This law was adopted by the Chamber of deputies at its meeting on 8 November 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 8 November 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. OLIVIU GHERMAN Annex 1 EVALUATION of damage caused by cutting, removing from the roots, destruction, degradation or evading the trees, puietilor or irradiation, where damage is produced by works which, according to the law, constitute contraventions or offences chapter No. crt Trees.
The diameter measured in (1) Uche-cm-for calculating Coefficients of damages (K1) Cvercinee, maple, Pine ash, cherry Other deciduous trees 1.
2.1-4 (3) 0.20 0.30 0.20 2.
0.30-0.50 4.1 0.30 8 3.
8.1-0.50 0.90 0.40 12 4.
12.1-0.70 1.10 0.50 16 5.
16.1 0.70-0.80 1.30 20 6.
20.1-1.00 0.80 1.75 24 7.
24.1-28 1.70 3.00 1.10 8.
28.1-32 2.80 4.50 2.20 9.
32,1-36 4.15 8.55 3.60 10.
36.1-5.45 12.25 5.35 11 40.
St-44 7.00 16.55 7.20 12.
44.1-48 8.95 21.35 9.20 13.
48.1-52 11.50 26.90 11.55 14.
52,1-56 13.90 35.00 15.40 15.
56.1-60 16.50 42.65 20.65 16.
60.1-64 19.40 51.30 25.70 17.
64,1-71 22.05 59.70 31.55 18.
68,1-70 24.30 37.65 68.85 19.
72,1-76 26.00 78.00 43.60 20.
76,1-80 28.20 88.50 49.40 21.
Over 80 29.80 55.85 DETAILS of SETTING 98.30 DAMAGE to trees (1) cioatei Diameter is measured at a distance of not more than 0.30 m from the ground, regardless of its height.
  

(2) the amount of damage to a tree shall be calculated by multiplying the coefficient K1 in the table corresponding to the diameter measured at Govan, with the average price of a cubic metre of timber, in force at the date of the finding.
  

(3) the amount of the damages for specimens with a diameter measured at Govan under 2 cm shall be calculated according to the provisions of cap. B "Saplings and sprouts".
  

Note:-the amount of the damages shall be reduced by the amount of timbers recovered by the injured, calculated with the average price of a cubic metre of timber on the date of the finding of damage.
-Assessment of the damage concerns, regardless of the condition of the trees physiological to their leg or doboriti of natural phenomena or other persons than those who caused the damage.


Chapter B Seedlings and sprouts No. crt.
Specifications/PCs.

 


 

the forestry Seedlings) small, nerepicaţi 1.
It is made from poly-11 2.
FIR, larch and duglas from nurseries 26 3.
It is made from other nurseries 18 4.
Euramerican Populus 1 year from 66 5 nurseries.
Euramerican Populus for 2 years, from nurseries 132 6.
White Poplar nurseries 40 7.
Walnut from nurseries 40 8.
Oak trees from nurseries:-1 year-2 years 21 26 9.
Other species of hardwood nurseries:-main mix 1 year 16-main mix 2 years 21-help, shrubs 1 year 11 aid, shrubs 2 years 18 b) Cuttings of softwood repicaţi 10.
FIR, spruce 37

 


11. Duglas, larch seedlings 42 c) waist and seed orchards.
Spruce, fir 1,451 13.
Other softwood 792 14.
Cvercinee 660 15.
Other species of hardwood Seedlings from 520 d) plantation or natural regeneration (take into account an shoot at juvenile or m2) 16.
Softwood 158 17.
264 18 Oaks.
Euramerican Populus 396 19.
Other deciduous species: beech and other species-main-main base blend 211 158-help 92 s) shrubs, Shoots 20.
Cvercinee 185 21.
Beech, 132 22.
Other species of hardwood trees 79 f) winter of Catagories/cm diameter 2.1-4 4.1-8 8.1-12 23.
Brad, duglas 3,167 4,222 5,278 24.
CLARIFICATIONS to ASSESS spruce 2,111 2,903 4,222 DAMAGE to SEEDLINGS and SPROUTS-in the category trees of winter are considered to have caused damage in the following situations: when illegal logging were carried out throughout the year in special crops that have this destination or during the period 1 November to 31 December in the rest of the stands of softwood.
-The average price of a cubic metre of timber on change, the value of the damages produced shoots puietilor and modify it as well, by multiplying it by a coefficient resulting from the ratio between the average price of a new cubic meter of timber and the date on which the values of this annex (2,850 lei/cubic meter at 1.09.1993).


Annex 2 ASSESSMENT of damage caused by cutting, removing from the roots, destruction, degradation or evading trees, puietilor or irradiation, where liability is established in accordance with the provisions of the Labour Code Chapter of Trees No. crt.
The diameter measured in (1) Uche-cm-for calculating Coefficients for non-Cvercinee (K2), maple, Pine ash, cherry Other deciduous trees 1.
2.1-4 (3) 0.10 0.05 0.05 2.
4.1 0.15 0.10 0.10-8 3.
8.1 0.25 0.15 0.10-12 4.
12.1-0.20 0.30 0.15 16 5.
16.1 0.20-0.25 0.40 20 6.
20.1-0.55 0.25 0.30 24 7.
24.1-0.50 0.90 0.35 28 8.
28.1-32 0.85 1.25 0.65 9.
32,1-36 1.25 2.55 1.10 10.
36.1-40 1.65 3.70 1.60 11.
St-44 2.10 4.95 2.15 12.
44.1-48 2.70 6.40 2.75 13.
48.1-52 3.45 8.05 3.45 14.
52,1-56 4.20 10.05 4.65 15.
56.1-60 5.00 12.80 6.20 16.
60.1-64 5.80 15.40 7.70 17.
64,1-71 6.60 17.90 9.45 18.
68,1-70 7.30 20.65 11.30 19.
72,1-76 7.80 23.40 13.05 20.
76,1-80 8.45 26.55 14.85 21.
Over 80 9.00 29.50 16.75 DETAILS of FIXING DAMAGE to trees (1) cioatei Diameter is measured at a distance of not more than 0.30 m from the ground, regardless of its height.
  

(2) the amount of damage to a tree shall be calculated by multiplying the coefficient K2 in the table corresponding to the diameter measured at Govan, with the average price of a cubic metre of timber on the date of the finding.
  

(3) the amount of the damages for thin specimens up to 2 cm inclusive-is calculated according to the provisions of cap. B "Saplings and sprouts".
  

Note:-the amount of the damages shall be reduced by the amount of timbers recovered by the injured, calculated with the average price of a cubic metre of timber, in force at the date of establishment of the damage.
-Assessment of the damage concerns, regardless of the condition of the trees physiological to their leg or doboriti of natural phenomena or other persons than those who caused the damage.


Chapter B Seedlings and sprouts No. crt.
Specifications/PCs.

 


 

the forestry Seedlings) small, nerepicaţi 1.
It is made from 3 2 solariums.
FIR, larch and duglas from nurseries 13 3.
It is made from other nurseries 8 4.
Euramerican Populus 1 year 32 5 nurseries.
Euramerican Populus 2 years from 53 6 nurseries.
White Poplar nurseries 18 7.
Walnut from nurseries 16 8.
Oak trees from nurseries:-1 year 2 years 11-16 9.
Other species of hardwood nurseries:-main mix 1 year 8-main mix 2 years 11-help, shrubs 1-year 5-help, shrubs 2 years 8 b) softwood seedlings repicaţi 10.
FIR, spruce 16 11.
Duglas, larch 18 c) large Seedlings and plantations for 12.
Spruce, fir 792 13.
Other softwood 396 14.
Cvercinee 422 15.
Other species of hardwood Saplings 264 d) from plantations and natural regeneration (take into account an shoot at juvenile or m2) 16.
Softwood 79 17.
185 18 Oaks.
211 19 euramerican Populus.
Other deciduous species: beech and other species-main base 132-79 main mix-help, shrubs 40 s) Shoots.
92 21 Cvercinee.
Beech 66 22.
Other species of deciduous Trees 40 f) winter of Catagories/cm diameter 2.1-4 4.1-8 8.1-12 23.
Brad, duglas 3,167 4,222 5,278 24.
CLARIFICATIONS to ASSESS spruce 2,111 2,903 4,222 DAMAGE to SEEDLINGS and SPROUTS-in the category trees of winter are considered to have caused damage in the following situations: when illegal logging were carried out throughout the year in special crops that have this destination or during the period 1 November to 31 December in the rest of the stands of softwood.
-The average price of a cubic metre of timber altering footage, the amount of damages puietilor and shoots it changes, also by multiplying them with a coefficient resulting from the ratio between the average price of a new cubic meter of timber and the date on which the values of this annex (2,850 lei/cubic meter at 1.09.1993).


Annex 3 for setting the amount of compensation in case of damages caused by illicit facts vinatului economy no. crt.
The species name of Tariff (euro/PC.)

 

During the hunting period is prohibited to hunt i. animals of hunting is permitted under the law of 1. Mammals.
20,000-Bizami 2.
Chamois 105,000 210,000 3.
80,000 160,000 4 rafters.
Common deer 300,000 600,000 5.
Fallow deer 150,000 300,000 6.
Enoţi-20,000 7 dogs.
Ferrets 20,000-8.
20,000 40,000 9 common rabbit.
Rabbits burrow 20,000 40,000 10.
Martens 90,000 180,000 11.
120,000-12 wolves.
Marmots 60,000 120,000 13.
Wild boar 150,000 300,000 14.
Mouflon 150,000 300,000 15.
Ferrets 20,000-16.
Wild cats 40,000-17.
Lynxes 90,000 180,000 18.
Jackals 30,000 60,000 19.
400,000 800,000 20 bears.
The Badgers 20,000 40,000 21.
Fox 60,000-b. Birds 1.
Becaţine 3,000 6,000 2.
Crake puddle 3,000 6,000 3.
Cocoşari 3,000 6,000 4.
Grouse 40,000 80,000 5.
Great grebes 5,000 10,000 6.
Great cormorants 5,000 10,000 7.
SS, with the exception of prohibited to hunt is 3,000 6,000 8.
3,000 6,000 9 double.
10,000 20,000 10 pheasants.
Fierăstraşi big 4,500 9,000 11.
Sand Martins de baltă 3,000 6,000 12.
Wild geese, except those prohibited to hunt is 10,000 20,000 13.
Starlings 3,000 6,000 14.
Guguştiuci 3,000 6,000 15.
Ierunci 4,500 9,000 16.
3,000 6,000 17 coots.
Waste-3,000 6,000 18.
Feral pigeons 3,000 6,000 19.
Partridge 6,600 13,200 20.
Quail 4,000 8,000 21.
Wild ducks, except those prohibited to hunt is 5,000 10,000 22.
Saboori 3,000 6,000 23.
Thrushes 3,000 6,000 24.
Turturele 3,000 6,000 No. crt.
The species name of Tariff (euro/PC.)

 


 

II. Wild animals whose hunting is prohibited throughout the year a. Mammals 1.
Moose 1,200,000 2.
Korporacziya oven 30,000 3.
Minks 80,000 4.
Squirrels 15,000 5.
Otters 80,000 6.
The aurochs. 1,500,000 B Birds


 

1. Lesser 100,000 2.
50,000 3 storks.
Owls 50,000 4.
Călifari 80,000 5.
Crake of 30,000 6.
Ciocîntorşi 30,000 7.
Miguel 40,000 8.
70,000 9 cranes.
Birch 150,000 10 cocks.
Ravens 50,000 11.
Grebes, except corcodelului 60,000 12 high.
Small cormorants 60,000 13.
Little owls 40,000 14.
SS with thin beak 30,000 15.
Dropii 1,000,000 16.
Egrets 80,000 17.
Small Fierăstraşi 50,000 18.
Plovers 30,000 19.
Fundaci 40,000 20.
With 50,000 21.
Gărliţe small 80,000 22.
Red-necked geese 100,000 23.
Goose with white cheek 100,000 24.
Huhurezi 40,000 25.
Swans 200,000 26.
Lopătari 200,000 27.
Pelicans 100,000 28.
Stilt 40,000 29.
Marbled ducks 50,000 30.
Duck with white cheek 50,000 31.
Spârcaci 1,000,000 32.
Herons 80,000 33.
Yell 40,000 34.
Falcons 40,000 35.
40,000 36 buzzards.
Ţigănuşi 40,000 37.
Hawks 40,000 38.
Vinderei 40,000 39.
Eagles 120,000-— — — — — — — — — — — —