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Law No. 84 Of 12 July 1996 The Land Improvements

Original Language Title:  LEGE nr. 84 din 12 iulie 1996 a îmbunătăţirilor funciare

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LEGE No. 84 of 12 July 1996 of land improvements
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 159 of July 24, 1996



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) Land improvement facilities are complex works of hydrotechnical and agropedoameliorative construction, prevention and removal of action of risk factors-drought, excess water, soil erosion and floods-on land with water. agricultural or forestry destination, aimed at capitalizing on the production capacity of land and plants and the introduction into the economic circuit of non-productive land. (2) The land improvement facilities shall ensure, as the case may be, water sources for the irrigation of agricultural crops and the water supply of some localities, fish facilities, agricultural and industrial premises, as well as the protection of localities and communication routes against the effects of landslides, floods and protection of reservoirs against warping. (3) The improvements in land improvements contribute, through their effect, to the protection and improvement of the environment. + Article 2 (1) Through land improvement facilities, for the purposes of this law, the following construction works, installations and related facilities are understood: a) indiguirs and regularizations of watercourses through which the protection of land and roads against floods, local sources of water and emissaries for water drainage are mainly ensured; b) irrigation facilities, rice, through which the controlled supply of soil and plants is ensured with the water quantities necessary for the development of crops and the increase of agricultural production. These facilities include works of capture, pumping, transport, distribution and evacuation of water and, as the case may be, land levelling works; c) drainage and dissecting facilities, aimed at preventing and removing excess moisture from the land surface and soil, in order to ensure favorable conditions of land use. These facilities include collection, transport and evacuation works in excess water emissaries; d) facilities to combat soil erosion and to improve land affected by slips, which prevent, diminish or stop land degradation processes. These facilities include works for soil protection, regularization of water drainage on slopes, extinguishing torrential formations, stabilization of moving sands; e) paedoameliorative facilities on the salt, acidic and sands fields, on polluted land, including with oil residues, with halde from mining operations, on other non-productive land, including levelling-modeling works, scarification, adinca affinement, gullies and drains of water, ploughing in strips with frames, water-washing watering, application of amendments, as well as fertilizers, for the purpose of recovery for agriculture and, where appropriate, for forestry; f) forestry facilities for the establishment of forest curtains for the protection of agricultural land and anti-erosion plantations. (2) The land improvement facilities shall be associated, where appropriate, with works for the protection of land and property against floods and for the provision and exploitation of the water source. (3) They may constitute, under the law, the cause of public utility of national interest or local land improvement facilities that relate to irrigation, drainage and dissecting works, to combat soil erosion, to improve land affected by landslides and moving sands, by indiguirs and by regularizations of watercourses, or at the establishment of protective forest curtains and anti-erosion plantations, financed from the state budget or, as the case may be, from other sources. + Article 3 The realization of land improvement facilities at national level takes place on the basis of the National Land Planning Program, and at local level, according to the needs of local public administrations, legal or physical persons interested, on the basis of zoning and local spatial planning programs, in correlation with the National Spatial Planning Program. + Article 4 The design, execution and operation of land improvement facilities are done in correlation with water management works, hydropower, forestry, communication routes, in agreement with the interests of landowners and with the documentation of the land. urban planning and landscaping, taking into account environmental protection requirements. + Article 5 (1) The realization of land improvement facilities is done with the written consent of landowners, according to the law. (. The Agreement shall relate to: a) the arrangement of the land areas belonging to them; b) the free passage of personnel charged with conducting research and field studies, with the design, execution, operation, maintenance and repair of works and land improvement facilities, as well as authorized personnel under the provisions of this Law (3) The owners or, as the case may be, the landowners, together with those who initiate the realization of the land improvement facilities, will regulate, under the agreement, as the case may be, the land exchanges and the compensation. The expenses generated by these regulations are borne from the source of funding of the works. + Article 6 The realization of the works that serve several landowners requires expropriation for the cause of public utility of the land permanently occupied by the amprise and the protection zone of these works. + Article 7 Temporary or permanent occupation of land on the agricultural and forestry circuit, decommissioning and demolition of constructions, as well as expropriations, in order to carry out land improvement works, are made according to the law. + Article 8 (1) The expropriated land for the realization of land improvement works belongs to the private domain of the state or administrative-territorial units. (2) The land referred to in par. ((1) shall be administered by natural or legal persons exploiting the works. + Article 9 The impairment of land improvement facilities in operation or planned to be carried out, by other investments or by changes to the uses of the land they serve, requires the agreement of the owner of the works. For the facilities made or provided to be carried out with funds from the state budget, the agreement is issued by the Ministry of Agriculture and Food. + Article 10 The removal from operation of land improvement facilities, financed from the state budget or local budgets, is made, as the case may be, by Government decision or by decisions of the local public administration authorities. + Article 11 The organization and functioning of the surveillance, evaluation, forecasting and warning system on the economic and ecological effects of agricultural land improvement works shall be ensured by the Ministry of Agriculture and Food, in collaboration with the Ministry of Water, Forestry and Environmental Protection. + Article 12 The coordination of land improvement activities in the agricultural field is done by the Ministry of Agriculture and Food. + Article 13 The programme on the implementation of priority land improvement facilities, on land belonging to the public domain of national or local interest, as well as the private domain of the state, shall be established by the Ministry of Agriculture and Food and, as the case may be, the Ministry of Water, Forestry and Environmental Protection, based on the strategies drawn up by these ministries and technical-economic documentation. + Chapter 2 Research and design + Article 14 Research activities, field studies and design in the field of land improvements ensure, as the case may be, by profile institutes, experimental resorts and certified economic agents. + Article 15 Studies and projects for land improvement facilities in the agricultural field are carried out in correlation with the organization of agricultural territory, shall be endorsed by the Ministry of Agriculture and Food, through its specialized bodies, and may be applied if they contain all the agreements, notices and approvals provided for by law. + Chapter 3 Execution and reception of works + Article 16 The delimitation of the sites of land improvement works and land areas that are temporarily or permanently removed from the agricultural circuit, the establishment and regulation of compensation, as well as land exchanges are made, according to the law, before the start of the execution of works by the investment beneficiary, the designer of the works, the landowners and the general contractor. + Article 17 The execution of the works of land improvements is done by the beneficiary. + Article 18 (1) The termination of the execution of land improvement facilities, financed from the state budget, is made by Government decision, at the proposal of the relevant ministries. (2) The terminated investment objectives will be preserved, as appropriate, in conditions to ensure the integrity of the stage achieved. + Article 19 The reception and commissioning of land improvement facilities are made by the beneficiary, designer, executor and land owners, according to the law. + Article 20 For each land improvement arrangement financed from the state budget, the technical book of the construction will be drawn up, through the investor's care, according to the law. + Chapter 4 Operation, maintenance and repair of works + Article 21 The works of land improvements in the agricultural field, financed from the state budget or from other sources of the Autonomous Regia of Land Improvement, are public property. + Article 22 (1) Maintenance and repair of works are mandatory for all holders of land improvement facilities. (2) The general maintenance and repair rules of the land improvement works shall be established by the Ministry of Agriculture and Food. + Article 23 Maintenance and repair of land improvement works, carried out by land owners from their own sources, from credits or from other sources, shall be executed by them. + Article 24 The Autonomous Direction of Land Improvement and the specialized legal or physical persons who manage land improvement works have the obligation to ensure the security of these works. + Article 25 The use of works and water from land improvement facilities, financed from the state budget, for purposes other than those established by the approved documentation can be done only with the consent of the competent bodies according to the law. + Article 26 The application of anti-erosion agrotechnics on land with erosion potential or affected by erosion is mandatory for the owners of these lands. + Chapter 5 Financing of + Article 27 (1) It shall be financed from the state budget: a) research in the field of land improvements; b) pre-feasibility studies, feasibility, technical projects, specifications and execution details and execution of works for the investment objectives provided in the investment lists approved under the law; c) rehabilitation of constructions and land improvement facilities that condition the operation of public utility facilities, damaged by the action of risk factors, modification of the property regime and land use; d) works of land improvements necessary for the protection of the environment in important areas and areas; e) the expenses necessary to preserve the investment objectives, financed from the state budget, stopped; f) actions to defend against floods, dangerous weather events and accidents at hydrotechnical constructions in land improvement facilities; g) implementation and functioning of the national system of surveillance, evaluation, forecasting and warning on the effect of land improvement facilities, part of the national monitoring system for environmental protection; h) cadastre of land improvement facilities, component of the specialized agricultural cadastre. ((2) Criteria for the selection of investment objectives that are included in the investment lists of the Ministry of Agriculture and Food, the works that are financed from the state budget, as well as the establishment of the special importance of construction, facilities, objectives, areas and areas are presented in the regulation implementing this law. + Article 28 Expenses for the operation, maintenance and repair of works of land improvements, carried out by the Autonomous Direction of Land Enhancements or by legal or physical persons carrying out such activities, shall be borne by beneficiaries. These expenses can be totally or partially subsidized from the state budget, under the law. + Chapter 6 Sanctions + Article 29 Violation of the provisions of this law attracts, as the case may be, civil, contravention or criminal + Article 30 Destruction, degradation or non-functioning of works of land improvement or preventing access to conservation or saving them constitutes a crime of destruction and is punishable according to art. 217 of the Criminal Code. + Article 31 (1) It constitutes contraventions to the rules on the design, execution, operation, maintenance, repair and protection of land improvement facilities the following facts, if not committed under such conditions that, according to the criminal law, be considered as criminal offences: a) non-compliance with the provisions of the regulations and technical regulations in force regarding the design, execution, operation, maintenance, repair and protection of works b) execution of agricultural works on antierosional landscaped land without compliance with the rules and technologies provided in the approved technical-economic documentation, on the basis of which the facilities were carried out, as well as the non-application of agrotechnics anti-erosion on land with erosion potential; c) non-maintenance and non-maintenance of works, including facilities and equipment in facilities, as well as waste of water as a result of non-compliance with the rules for the use of watering equipment and operating regulations, by the administrators of the works or the legal or natural persons exploiting the works; d) refusal to allow the access of persons empowered to the land on which works of land improvement are located, in order to exercise the right of control over how to execute, exploit, maintain and repair the works, in unless, according to the normative acts, a special authorization is required; e) the storage of materials and machinery, not authorized by the Autonomous Regia of Land Improvement or, as the case may be, by the specialized legal or physical persons exploiting the works, as well as the deposition of garbage and other waste in channels, in suction and discharge basins of pumping stations, in technical spaces and in areas of protection of works; f) grazing of animals on canals, on plantations and protective forest curtains, without the authorization of legal administrators or owners; g) bathing of humans and animals and watering of animals in canals, in the basins of water pumping stations or in places other than those intended and arranged for this purpose; h) construction execution or establishment of plantations in the area of protection of works, without the consent of the Autonomous Regia of Land Improvement or, as the case may be, of legal or physical persons exploiting these works; i) the cutting of trees, scrubs and seedlings from the curtains and forest plantations of protection related to the works, without the consent of the Autonomous Regia of Land Improvement or, as the case may be, of the legal or physical persons exploiting these works and without respecting the forestry norms; j) extraction of land, sand, gravel or any materials in the area of protection of works; k) the use of works and water from the facilities for purposes other than those established by the technical-economic documentation approved or contractually agreed; l) non-compliance with the provisions on the cessation or restoration of works carried out improperly compared to the provisions of the approved m) modification, degradation or use for other purposes of the area of protection of works; n) discharge and storage of chemical, radioactive and other substances, residues or toxic waste in/on works or in technical spaces and in the area of protection of works or on landscaped grounds; o) construction execution or modification or extension of constructions in land improvement facilities, without the consent of the holder of these facilities or in violation of the conditions provided for in the agreement; p) commissioning of constructions or installations in land improvement facilities in the protection zone, without the authorization of the holder of these facilities; r) Dislocation, damage and handling by unauthorized persons of the dam, barbecues, vanes, basins and other constructions and land improvement installations. (2) The protection zones of the land improvement works are established by the technical documentation of execution. + Article 32 The contraventions provided in art. 31 31 shall be sanctioned as follows: a) those referred to in lett. a), with a fine of 10,000 lei to 50,000 lei; b) those referred to in lett. b), f), and g), with a fine of 50,000 lei to 250,000 lei; c) those referred to in lett. e), with a fine of 250,000 lei to 500,000 lei; d) those referred to in lett. h), i) and k), with a fine of 500,000 lei to 1,000,000 lei; e) those referred to in lett. c) and d), with a fine of 1,000,000 lei to 2,000,000 lei; f) those referred to in lett. j), l), m) and r), with a fine from 2,000,000 lei to 5,000,000 lei; g) those referred to in lett. n), o) and p), with a fine from 5,000,000 lei to 10,000,000 lei. + Article 33 (1) The finding of contraventions and the application of sanctions shall be made by minutes concluded by specialists empowered for this purpose by the Ministry of Agriculture and Food and by the Autonomous Regia of Land Improvement. (2) Officers and police officers shall, at the request of the ascertaining body, provide support for the identification of the offender in order to draw up the minutes. + Article 34 (1) The contravention sanctions apply to both individuals and legal entities. (2) When applying the sanctions, in addition to the circumstances provided by law, the findings regarding the importance of the affected land improvement works will also be considered. + Article 35 Contraventions provided in art. 31 31 and penalties provided for in art. 32 the provisions of Law no. 32/1968 on the establishment and sanctioning of contraventions, in so far as this law does not have otherwise. + Chapter 7 Final provisions + Article 36 The Ministry of Agriculture and Food, within 45 days of the entry into force of this law, will draft its implementing regulation, which will determine how to comply with its provisions, with the opinion of the Ministry of Agriculture and Food. Finance, Ministry of Public Works and Spatial Planning and Ministry of Water, Forestry and Environmental Protection. The regulation is approved by Government decision. + Article 37 For the efficient use of water and irrigation facilities, as well as for antierosional soil protection, land owners in the same land improvement arrangement can be constituted in land improvement associations, according to the report. Own law and statutes. + Article 38 The agricultural land improvement facilities, financed from the state budget, are subject to specialized control and supervision from the Ministry of Agriculture and Food, the Ministry of Water, Forestry and Protection. Environment, Ministry of Public Works and Spatial Planning and Ministry of Finance, for the duration of their execution and operation. + Article 39 The date of entry into force of this Law shall be repealed: - Law no. 7/1974 on the realization, operation, maintenance and financing of irrigation facilities and other works of land improvement, with the amendments and additions made by State Council decrees no. 55/1975 and no. 68/1983 68/1983; - H.C.M. no. 152/1975 establishing and sanctioning contraventions in the field of irrigation and other works of land improvement; --provisions art. 3 of Decree-Law no. 43/1990 , regarding the full support from the state budget of land improvement activities; -provisions of Annex no. 2, 7th indent, at Government Decision no. 740/1990 on certain measures in the field of financing-lending to state units, as well as on the transmission of fixed funds between state-owned enterprises; -any other provisions contrary to the provisions of this law. This law was adopted by the Chamber of Deputies at its meeting on June 27, 1996, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at its meeting on June 27, 1996, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT VALER SUIAN --------------