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Law No. 81 Of 20 November 1993

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

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LEGE No. 81 of 20 November 1993 on the determination of damages in the case of damage to the forest fund, forest vegetation outside the forest fund located on the public and private land and the economy of the wine
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 275 of 29 November 1993



The Romanian Parliament adopts this law + Article 1 Damage caused by cutting, removing from the roots, destroying, degrading or evading trees, seedlings or shoots, forest fund products, forest vegetation outside the forest fund located on public property land and private, if the damage is produced by acts constituting contraventions or offences, shall be assessed under the conditions set out in Annex no. 1 to the present law. + Article 2 Damage caused by cutting, removing from the roots, destruction, degradation or evading trees, seedlings or shoots, if material liability is established in accordance with the provisions of the Labor Code, shall be evaluated in the conditions set out in Annex No. 2 to the present law. If it turns out that the damage occurred with the knowledge or with the agreement of the forestry personnel in charge of guarding and managing the forest fund, the assessment of the damages will be made according to the provisions of Annex no. 1 1 of the law. + Article 3 In the case of damage caused in forests of scientific interest and protection of the genofond and forest ecofond, determined as such by forestry facilities, properly delimited, in which the tree cuts are prohibited, the value compensation established on the basis of Annex no. 1 of the law is increased by 5 times. In forest curtains are admitted the silvo-cultural cuts of care and regeneration established on the basis of specific technical norms. + Article 4 The amount of compensation for covering the damage caused to the wine economy through the illicit acts provided in art. 32 32 and 34 of Law no. 26/1976 on the wine economy and hunting is established according to Annex no. 3 to the present law. In the case of damage caused to the economy of the wine from breeders, pens and parks, the amount of compensation established according to Annex no. 3 3 is a 5-fold increase. + Article 5 The limit value of the damage, according to which the facts provided for in art. 30 30 and 31 para. 1 1 of Law no. 2/1987 on the conservation, protection and development of forests, their rational, economic exploitation and the maintenance of ecological balance constitute crimes, resulting from the 5-fold increase in the average price of one cubic meter of wood per foot the finding date. This price is determined by the Ministry of Water, Forestry and Environmental Protection. + Article 6 Compensation determined according to art. 1-4 to cover the damage caused to the forest fund, to the forest vegetation outside the forest fund on the lands managed by the Autonomous Regia of the Forest "Romsilva", to the forest vegetation from the private property and to the wine economy is collected, through the subunits "Romsilva"-R.A., by the Institute of Forestry Research and Fines, by the member associations of A.G.V.P.S. or by the other owners and through the territorial bodies of the Ministry of Finance, as the case may be, and is used for the crop and restoration of forests and hunting funds. The prosecution of compensation shall be as follows: a) by the subunits of the Autonomous Regia of the Forests "Romsilva", by the Institute of Forestry Research and Fines, by the member associations of A.G.V.P.S., when the perpetrator accepts the payment of compensation, within 48 hours of the finding; b) by the fiscal bodies of the general directorates of public finances and the county state financial control, the legal provisions on forced execution, in the event that the perpetrator refuses payment according to the provision of lit. a). The damage caused to the forest fund on privately owned land, by cutting, removing from the roots, destroying, degrading or evading trees, seedlings or shoots, is established at the request of the owners by the subunits Autonomous Regia of the Forests "Romsilva". The act of finding provided in par. 3 serves to obtain the enforceable title, under the law. The tax authorities will proceed to the forced execution and will turn the forestry subunits, the Institute of Forestry Research and Fines, the member associations of A.G.V.P.S. or private owners, as the case may be, the amount of the respective compensation, to which they add execution expenses. + Article 7 The damage caused by the animals to the owners of agricultural land shall be established, under the law, at their request, by the representatives of the local administration together with the authorized hunting fund and the damaged part and shall be supports the holders of these funds. The compensation will be paid to the holders of the respective lands, no later than 2 months from the date of obtaining the enforceable title In case of term non-payment, the competent bodies will proceed according to the last paragraph of art. 6. In case of non-presentation of the authorized hunting fund within 48 hours of its announcement, the finding will be possible only by the representative of the local administration, the damaged part and two neutral witnesses. + Article 8 The Government will update, in relation to the evolution of prices, the amount of compensation provided in the Annexes to this Law + Article 9 Government Ordinance no. 2/1992 on the determination of damages in the case of damage to the forest fund, forest vegetation outside the forest fund located on the land of public property and the economy of the wine Government Ordinance no. 27/1993 on the determination of damages in the case of damage caused to the forest fund, to forest vegetation on public lands located outside the forest fund, as well as to the wine economy, and any provisions contrary to the present laws are repealed. This law was adopted by the Chamber of Deputies at the meeting of November 8, 1993, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was passed by the Senate at the meeting of 8 November 1993, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN + Annex 1 ASSESSMENT damage caused by cutting, removing from the roots, destroying, degrading or evading trees, seedlings or shoots, if the damage is produced by acts that, according to the law, constitute contraventions or crimes + Chapter A Trees No. crt. Measured diameter (1)-cm -Coefficients for damage calculation (K1) RasinoaseCvercinee, paltin, ash, cherry other deciduous 1.2.1-4 (3) 0,200,300,20 2.4.1-80,300,500,30 3.8.1-120,500, 900, 40 4.12.1-160, 701, 100,50 5.16,1-200, 801, 300, 70 6.20,1-241,001, 750, 80 7.24.1-281, 703,001, 10 8.28.1-322, 804,502, 20 9.32.1-364, 158,553, 60 10.36,1-405, 4512, 255, 35 11.40.1-447,0016,557, 20 12.44.1-488, 9521, 359, 20 13.48,1-5211,5026, 9011,55 14.52.1-5613, 9035,0015, 40 15.56.1-6016,5042, 6520, 65 16.60,1-6419, 4051, 3025, 70 17.64.1-6822,0559, 7031.55 18.68,1 18.68,1-7224, 3068, 8537, 65 19.72.1-7626,0078,0043, 60 20.76.1-8028, 2088,5049, 40 21.Over 8029,8098,3055,85 DETAILS OF THE ESTABLISHMENT OF DAMAGE TO TREES (1) The chipped diameter shall be measured at a distance of not more than 0,30 m from the ground, regardless of its height. (2) The value of the damage for a tree is calculated by multiplying the coefficient K1 in the table, corresponding to the diameter measured at the cut, with the average price of one cubic meter of wood mass per foot, in force at the time of the finding. (3) The value of the damage for specimens with a measured diameter of less than 2 cm shall be calculated according to the provisions of the head. B "Puieti and lastari". NOTE: -The value of the damage is reduced by the value of the wood material recovered by the injured unit, calculated with the average price of one cubic meter of wood mass per foot in force at the time of finding the damage. -The assessment of damage concerns trees, regardless of their physiological state, on the foot or downed by natural phenomena or other persons than those that caused damage. + Chapter B Seedlings and shoots No. crt.Specification/pcs. a) Small forest puiets, unrepaired 1.Softwood from solaries11 2.Brad, duglas and larch from nursery 26 3.Other resinous resines18 4.1-year Euramerican poplar, from pepiniere66 5.2-year-old euramerican poplar, from pepiniere132 6.White poplar pepiniere40 7.Nuc from nursery 40 8.Stejari from nurseries:-1 year 21-of 2 years26 9.Other deciduous species from nurseries: -main mixture of 1 an16-main mixture of 2 years21-aid, shrubs of 1 an11-aid, shrubs of 2 years18 b) Repainted resinous trees 10.Brad, molid37 11.Duglas, larice42 c) Large puieti and for plantings 12.Molid, brad1.451 13.Other rasinos792 14.Cvercinee660 15.Other species of foioase520 d) Puieti from plantations or natural regenerations (a brood or sprout is taken into account at m2) 16.Rasinoase158 17.Stejari264 18.Plop euramerican396 19.Other deciduous species: -beech and other main species of baza211-main mixing-aid, arbusti92 e) Lastari 20.Cvercinee185 21.Fag132 22.Other species of foioase79 f) Winter trees Categories of diameters/cm 2,1-44,1-88,1-12 23.Brad, duglas3.1674.2225.278 24.Molid2.1112.9034.222 SPECIFICATIONS FOR THE ASSESSMENT OF DAMAGE TO SEEDLINGS AND SHOOTS -In the winter tree category, damage is considered to have occurred in the following situations: when illegal logging was carried out throughout the year in special crops that have this destination or from November 1 to December 31 in the rest Resinous stands. -If the average price of one cubic meter of wood mass per foot changes, the value of the damage to the seedlings and shoots also changes by multiplying it with a coefficient resulting from the ratio of the new price. average of one cubic meter of wood mass per foot and the one envisaged at the date of establishment of the values in this Annex (2.850 lei/cubic meter on 1.09.1993). + Annex 2 ASSESSMENT damage caused by cutting, removing from the roots, destroying, degrading or evading trees, seedlings or shoots, where the material liability is established in accordance with the provisions of the Labour Code + Chapter A Trees No. crt. Measured diameter (1)-cm -Coefficients for damage calculation (K2) RasinoaseCvercinee, paltin, ash, cherry other deciduous 1.2.1-4 (3) 0,050,100.05 2.4.1-80,100,150,10 3.8,1-120, 150, 250, 10 4.12.1-160, 200, 300, 15 5.16,1-200, 250, 400, 20 6.20,1-240, 300,550, 25 7.24.1-280,500, 900, 35 8.28.1-320, 851, 250, 65 9.32.1-361, 252,551, 10 10.36.1-401, 653, 701, 60 11.40.1-442, 104, 952, 15 12.44.1-482, 706, 402, 75 13.48.1-523, 458,053, 45 14.52.1-564, 2010.054, 65 15.56.1-605,0012, 806, 20 16.60.1-645, 8015, 407, 70 17.64,1 17.64,1-686, 6017, 909, 45 18.68,1-727, 3020, 6511, 30 19.72.1-767, 8023, 4013,05 20.76.1-808, 4526,5514, 85 21.Over 809,0029,5016,75 DETAILS OF THE ESTABLISHMENT OF DAMAGE TO TREES (1) The chipped diameter shall be measured at a distance of not more than 0,30 m from the ground, regardless of its height. (2) The value of the damage for a tree is calculated by multiplying the coefficient K2 in the table, corresponding to the diameter measured at the cut, with the average price of one cubic meter of wood mass per foot in force at the time of the finding. (3) The value of damages for thin specimens-up to 2 cm inclusive-is calculated according to the provisions of the head. B "Puieti and lastari". NOTE: -The value of the damage is reduced by the value of the wood material recovered by the injured unit, calculated with the average price of one cubic meter of wood mass per foot, in force at the time of the damage. -The assessment of damage concerns trees, regardless of their physiological state, on the foot or downed by natural phenomena or other persons than those that caused damage. + Chapter B Seedlings and shoots No. crt.Specification/pcs. a) Small forest puiets, unreed 1.Softwood from solaries3 2.Brad, duglas and larch from nursery 13 3.Other resinous resines8 4.Euro 1-year euramerican Plop from nursery 32 5.Euramerican 2-year-old rain from pepiniere53 6.White poplar nursery 18 7.Nuc from nursery 16 8.Stejari from nurseries:-of 1 an11-of 2 years16 9.Other deciduous species from nurseries: -main mix of 1 an8-main mixture of 2 years11-aid, shrubs of 1 an5-help, shrubs of 2 years8 b) Resinous sprouettes 10.Brad, molid16 11.Duglas, larice18 c) Large puieti and for plantings 12.Molid, brad792 13.Other resines396 14.Cvercinee422 15.Other species of foioase264 d) Puieti from natural plantations and regenerations (a brood or sprout is taken into account at m2) 16.Rasinoase79 17.Stejari185 18.Plop euramerican211 19.Other deciduous species: -beech and other main species of baza132-main mixing-aid, arbusti40 e) Lastari 20.Cvercinee92 21.Fag66 22.Other species of foioase40 f) Winter trees Categories of diameters/cm 2,1-44,1-88,1-12 23.Brad, duglas3.1674.2225.278 24.Molid2.1112.9034.222 SPECIFICATIONS FOR THE ASSESSMENT OF DAMAGE TO SEEDLINGS AND SHOOTS -In the winter tree category, damage is considered to have occurred in the following situations: when illegal logging was carried out throughout the year in special crops that have this destination or from November 1 to December 31 in the rest Resinous stands. -If the average price of one cubic meter of wood mass per foot changes, the value of the damage to the seedlings and shoots also changes by multiplying them with a coefficient resulting from the ratio of the new price. average of one cubic meter of wood mass per foot and the one envisaged at the date of establishment of the values in this Annex (2.850 lei/cubic meter on 1.09.1993). + Annex 3 TARIFFS to determine the amount of compensation in the case of damages caused to the economy of the wine by wrongdoing No. crt. Name of the bruise species (lei/pcs.) During the period of brushIn the period prohibited to hunt I. Animals whose hunting is allowed according to the law A. Mamiferous 1.Bizami20,000-2.Capre negre105.000210,000 3.Capriori80.000160.000 4.Cerbi comuni300.000600,000 5.Cerbi lopatari150.000300,000 6.Dogs enoti20,000-7.Dihori20,000-8.Comuni20.00040,000 9.Iepuri of visual20.00040,000 10.Jderi90.000180.000 11.Lupi120,000-12.Marmote60.000120.000 13.Mistreti150.000300,000 14.Mufloni150.000300,000 15.Weasy20,000-16.Wild cats 40,000- 17.Rasi90.000180.000 18.Sacali30.00060.000 19.Ursi400.000800,000 20.Viesuri20.00040,000 21.Vulpi60,000-B. Birds 1.Becatine3.0006.000 2.Balta3.0006.000 3.Cocosari3.0006.000 4.Cocosi de munte40.00080.000 5.Corcodei mari5.00010,000 6.Cormorani mari5.00010,000 7.Culici, except for those prohibited from hunting 3.0006.000 8.Duble3.0006.000 9.Fazani10.00020.000 10.Fierastrasi mari4.5009.000 11.Gainuse of balta3.0006.000 12.Wild geese, except those forbidden to hunt 10,00020,000 13.Grauri3.0006.000 14.Gugustiuci3.0006.000 15.Hierunci4.5009,000 16.Lisite3.0006.000 17.Nagati3.0006.000 18.Wild pigeons 3.0006.000 19.Potarnichi6.60013.200 20.Prepelite4.0008.000 21.Wild rates, except those prohibited to vana5,00010,000 22.Sitari3.0006.000 23.Sturzi3.0006.000 24.Turtrele3.0006.000 No. crt. Name of the bruise species (lei/pcs.) II. Wild animals whose hunting is prohibited throughout the year A. Mammal 1.Elani1.200,000 2.Nutrii30,000 3.Nurci80,000 4.Veverite15,000 5.Vidre80,000 6.Zimbri1.500.000 B. Birds 1.Acvile100,000 2.Berze50,000 3.Bufnite50,000 4.Calips80,000 5.Carstei of plains 30,000 6.Ciocies30,000 7.Ciufi40,000 8.Cocori70,000 9.Cocosi de mesteacan150,000 10.Corbi50.000 11.Corcodei, except for the corcodelum tidal 60,000 12.Cormorani mici60,000 13.Cucuvele40,000 14.Culici with beak subtire30,000 15.Dropii1.000.000 16.Egrete80,000 17.Fierastrasi mici50,000 18.Fluierari30,000 19.Fundaci40,000 20.Gai50.000 21.Garlite mici80,000 22.Gaste with neck rosu100.000 23.Gaste with alb100.000 blush 24.Huhurezi40,000 25.Lebede200,000 26.Lopatari200,000 27.Pelicani100.000 28.Piciorongi40,000 29.Rate marmorate50,000 30.Rate with alb50,000 31.Sparking 1.000.000 32.Starci80,000 33.Strigi40,000 34.Soimi40,000 35.Sorecari40,000 36.Tiganusi40,000 37.Ulii40,000 38.Vinderei40,000 39.Vulturi120,000 -------------