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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LAW No. 84 of 12 July 1996 the land PARLIAMENT ISSUING improvements Published in MONITORUL OFICIAL NR. 159 of 24 July 1996, the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 (1) of reclamation Facilities are complex works of agropedoameliorative, hydrotechnical constructions and the prevention and removal of risk factors-excessive water, drought, soil erosion and flood-lands of agricultural or forestry department, aimed at capitalizing on the capacity of the land and plant and introduction into the economic circuit of unproductive land.
  

(2) through the facilities of reclamation ensure, where applicable, sources of water for irrigating agricultural crops and water supply of some localities, fish facilities, agricultural and industrial premises, as well as the protection of settlements and routes of communication against mudslides, floods and reservoir Lakes protection against clogging.
  

(3) the arrangements of land improvements contribute, through them, to the protection and improvement of the environment.
  


Article 2 (1) by reclamation facilities, for the purposes of this Act, means the following construction works, installations and facilities: a) adjustments and dikes and water courses through which ensure primarily the protection of the land and flood roads, local water sources and its envoys for drainage;
  

b) irrigation facilities, paddy fields, ensure a controlled supply of soil and plant water quantities necessary for the development and growth of agricultural production. These arrangements include the capture works, pumping, transmission, distribution and disposal of water and, if necessary, levelling of the land;
  

c) drainage and irrigation facilities, aimed at the prevention and elimination of excess moisture from the surface of the land and soil, in order to ensure favourable conditions for the use of land. These arrangements shall include works for the collection, transmission and exhaust in excess water emissaries;
  

d) furnishings to combat soil erosion and improve the land affected by landslides, designed to prevent, decrease or stop the processes of land degradation. These arrangements shall include works for soil protection, regulating water leakage on hillsides, fire shapes, stabilizing moving sands rain;
  

(e) arrangements on land) on soil, acid and salt on the sands, on land polluted with oil residue, including with mining dumps from other land, including the work of leveling-modeling, picks, afinare deep pits and ditches, drainage, araturile in bands with Manes, watering of salts, application of amendments, and fertilizers, in order to exploit for agriculture and where appropriate, for forestry;
  

f) forest for forest-protection curtains farmland and plantations part.
  

(2) the arrangements of reclamation is associated, where appropriate, for the protection of land and property against flooding and to ensure water supply and exploitation.
  

(3) may constitute, according to the law, the cause of public utility of national interest or local outfitting of wastelands, which refers to the works of irrigation, drainage and irrigation, soil erosion control, improvement of the land affected by the landslides and moving sands, dikes and water rate adjustments, or the establishment of forest protection and curtains of the part funded from the State budget or, where appropriate, from other sources.
  


Article 3 Achievement improvement of reclamation takes place at national level on the basis of the national programme of landscaping, and at local level, in accordance with the needs of local public administrations, legal or natural persons concerned, on the basis of regional and local programmes for landscaping, in correlation with the national programme of landscaping.


Article 4 the design, execution and operation planning of reclamation are carried out in conjunction with the work of water management, hydropower, forestry, communications, in accord with the interests of land owners and with planning and documentation of landscaping, taking into account the requirements of environmental protection.


Article 5 (1) Realization planning of reclamation is done with the written consent of the owners of the land, according to the law.
  

(2) the agreement shall relate to: (a) arranging land surfaces) belonging to them;
  

b) free passage of personnel responsible for conducting research and studies, design, performance, operation, maintenance and repair works and reclamation facilities, as well as to authorised personnel in accordance with the provisions of this law.
  

(3) the owners or, where appropriate, the keepers of the land, together with those who initiated the realization of reclamation planning, will regulate, under the agreement, where appropriate, exchanges of land and compensation.
  

The expenses incurred by these regulations shall bear from the funding source.


Article 6 execution of works that serve several land owners require expropriation for public utility land permanently occupied by the ampriza and the protection of these works.


Article 7 temporary Occupation or permanent set-aside land and forest, dezafectarile and building demolitions, and situated between kilometeres in furtherance of reclamation works, shall be made according to the law.


Article 8 (1) the land expropriated for reclamation works belong to the private domain of the State or administrative territorial units.
  

(2) the Grounds referred to in paragraph 1. (1) is given by the natural or legal person who operates the work.
  


Article 9 of the reclamation planning Impairment in operation or planned to achieve, by other investments or changes of land folosintelor they serve, require the owner of the work. For arrangements made or planned to be carried out with funds from the State budget, the agreement is issued by the Ministry of agriculture and food.


Article 10 removal from service of improvement of land improvements, financed from the State budget or local budgets shall be made, where appropriate, by decision of the Government or by decisions of the local public administration authorities.


Article 11 the Organization and functioning of the supervisory system, evaluation, forecast and warning regarding economic and ecological effects of the reclamation works in the field of agriculture ensure by the Ministry of agriculture and food, in collaboration with the Ministry of waters, Forests and environmental protection.


Article 12 coordination of agricultural reclamation is done by the Ministry of agriculture and food.


Article 13 the Programme planning of reclamation, on land belonging to the public domain of national or local interest, as well as the private domain of the State, shall be determined by the Ministry of agriculture and food and, where appropriate, by the Ministry of waters, Forests and environmental protection, on the basis of the strategies drawn up by these ministries and technical and economic documentation.


Chapter 2 research and design Article 14 research studies, and design in the field of land improvement shall ensure, where appropriate, by the specialized institutes, resorts and specialty certified operators.


Article 15 Studies and projects for facilities of agricultural reclamation is carried out in conjunction with agricultural planning, endorsed by the Ministry of agriculture and food, through its specialized bodies, and can be applied if they contain all agreements, notices and approvals as provided by law.


Chapter 3 Execution and acceptance of the work of delimitation of the Article 16 sites reclamation works and land surfaces which are removed temporarily or permanently aside, fixing and regulation of compensation, as well as exchanges of land shall be made under the law prior to the commencement of the execution of the works by the recipient of investment, the designer works, land owners, and the general contractor.


Article 17 the pursuit of reclamation works execution is made by the beneficiary.


Article 18 (1) Cessation of the performance improvement of reclamation, financed from the State budget, is made by decision of the Cabinet of Ministers, on a proposal from the relevant ministries.
  

(2) discontinued investment goals will be preserved, as appropriate, to ensure the integrity of the corresponding stage.
  


Article 19 Acceptance and commissioning of improvement of land improvements are made by the beneficiary, the designer, implementer and landowners, according to the law.


Article 20 for each arrangement of reclamation financed from the State budget shall be prepared technical book construction, courtesy of the investor, according to the law.


Chapter 4 operation, maintenance and repair of works Article 21


Reclamation works in the field of agriculture, financed from the State budget or other sources of the public corporation of Land Improvements, are public property.


Article 22 (1) maintenance and repair works shall be binding on all holders of reclamation facilities.
  

(2) General rules for maintenance and repair of the reclamation works are established by the Ministry of agriculture and food.
  


Article 23 maintenance and repair works of reclamation land owners from own sources, from loans or other sources, are effected by them.


Article 24 the Director Land Improvements and Autonomous legal and physical persons which operates the reclamation works have a duty to ensure that those guarding the works.


Article 25 the use of works and arrangements of water reclamation, financed from the State budget, for purposes other than those laid down in the approved documentation can be done only with the consent of the authorized organs according to law.


Article 26 application of part agrotehnicii on land with potential for erosion or affected by erosion is mandatory for the owners of these lands.


Chapter 5 Funding works article 27 (1) shall be financed from the State budget: a) the research in the field of land improvement;
  

pre-feasibility studies b), technical projects, feasibility studies, specifications and details of construction and execution for your investment goals contained in lists of investments approved in accordance with the law;
  

c construction and rehabilitation) of reclamation that regular filing operation improvement of public utility, damaged by risk factors, changing the system of ownership and use of land;
  

d) reclamation works necessary for environmental protection areas and important areas;
  

(e) expenses required for conservation) objectives of the investment, financed from the State budget, cancelled;
  

f) shares guard against floods, dangerous weather phenomena and hydrotechnical constructions from accidents at facilities of reclamation;
  

g) establishment and functioning of the national system of surveillance, evaluation, forecast and warning concerning the effect of reclamation planning, part of the national system for environmental monitoring;
  

improvement of cadastre h) reclamation cadastre, agricultural component.
  

(2) on the Selection Criteria investment targets to be included in the lists of investment of the Ministry of agriculture and food, which is financed from the State budget, as well as the establishment of special importance to building installations, zones and areas are set out in the implementing rules of this law.
  


Article 28 costs of operation, maintenance and repair work on the reclamation carried out by Autonomous Land or Improvements to legal and physical persons engaged in such activities, it supports by the recipients. These expenses may be fully or partially subsidized from the State budget, in accordance with the law.


Chapter 6 Penalties Article 29 violation this law shall entail, if applicable, civil liability, administrative or criminal liability.


Article 30 the destruction, degradation or bringing in downtime of reclamation works or prevent access to or save them conservation constitutes offence and punishable according to destruction art. 217 of the penal code.


Article 31 (1) shall constitute offences at the rules relating to the design, execution, operation, maintenance, repair and protection planning of reclamation following facts, if they are not committed in such circumstances that, according to the criminal law, be considered offences: violation of) of regulations and technical norms in force regarding the design, construction, operation, maintenance, repair and protection works;
  

b execution of work) on the mat without furnished rules and technologies referred to in technical and economic documentation approved in accordance with which arrangements have been made, and the non-application of part agrotehnicii on land with potential for erosion;
  

c) neintretinerea and nerepararea works, including installations and equipment in home furnishings, as well as the waste of water as a result of non-compliance with the rules for use of the equipment for watering and operating regulations, administrators work or by legal or natural persons who exploit the works;
  

d) refusing to allow persons authorized on land that was of reclamation works, in order to exercise the right of control over how it is run, it exploits, maintain and to repair works, apart from the case, according to the regulations, a permit is required;
  

e) storage of materials and equipment, unauthorized by the Autonomous Regia of Land or Improvements, where appropriate, by legal or natural persons which exploits the work, as well as submitting garbage and other waste into canals, tanks and discharge suction of pump stations, technical premises and areas of protection of works;
  

f) animal grazing, plantations and forestry protection curtains, without the permission of the legal owners or managers;
  

g) human or animal to bathe and reissue the animals in pools of water pumping stations or in other places than those designed and furnished for that purpose;
  

h) construction execution times setting up plantations in the area of protection of the works, without the Overhead of Land or Improvements, if necessary, legal or natural persons who operate such works;
  

I cut trees), tufarisurilor and puietilor from the curtains and protective forest plantations related works, without the Overhead of Land or Improvements, if necessary, legal or physical persons operating those works and without compliance with the rules of forestry;
  

j) extraction of Earth, sand, gravel or any materials from the area of the protection of works;
  

k) use of works and water from facilities for purposes other than those laid down in the technical and economic documentation approved or agreed by contract;
  

failure to comply with the provisions relating to it) restriction or restoration work carried out inappropriately towards the technical and economic documentation;
  

m) modification, degradation, or use for other purposes in the area of protection of works;
  

n) discharge and storage of chemicals, and other substances, radioactive waste or toxic waste in/on the works or premises and technical protection of works or landscaped grounds;
  

a special execution times) the modification or extension of the construction of the reclamation facilities, without the consent of the holder of such arrangements or in contravention of the conditions set out in the agreement;
  

p) commissioning of structures or installations in the outfitting of reclamation in the protection zone without the authorization of the holder of such arrangements;
  

r) displaced, damage and handling by unauthorised persons to stavilarelor, grating, vats, tanks, and other construction and reclamation plants.
  

(2) the areas of protection of the reclamation works are laid down in the technical documentation.
  


Article 32 Offences referred to in articles. 31 shall be imposed as follows: a) those referred to. the fine) to 10,000 lei to 50,000 lei;
  

b) those referred. b), f), and (g)), with fine from 50,000 to 250,000 lei lei;
  

c) those referred. e) with fine of 500,000 250,000 lei lei;
  

d) those referred. h)) and k), with fine of 500,000 to 1,000,000 lei lei;
  

e) those referred. c) and (d)), with fine from 1,000,000 to 2,000,000 lei lei;
  

f) those referred. j))) and r), with fine from 2,000,000 to 5,000,000 lei lei;
  

g) those referred. n), o) and p), with fine of 5,000,000 to 10,000,000 lei lei.
  


Article 33 (1) Finding contraventions and penalties are done through protocols concluded by the Trustees for this purpose specialists of the Ministry of agriculture and food and the Director of the Autonomous Land Improvements.
  

(2) police officers and subofiterii have an obligation that, at the request of the body is discovered, to provide support for recognition of the offender in order to draw up the minutes.
  


Article 34 (1) Administrative Penalties shall apply both to individuals and legal entities.
  

(2) in the application of sanctions, in addition to the circumstances provided for by law, shall take into account the importance of the findings relating to the reclamation works.
  


Article 35 Offences under article 4. 31 and the sanctions provided for in article 10. 32 shall be subject to the provisions of law No. 32/68 on the establishment and sanctioning offences, in so far as this law provides otherwise.


Chapter 7 final provisions Article 36


The Ministry of agriculture and food, within 45 days of the entry into force of this law, shall develop its own rules for its application, which will determine how to bring to fruition its provisions, with the opinion of the Ministry of finance, the Ministry of public works and town and country planning and the Ministry of Waters, Forests and environmental protection. Regulation approved by Decree of the Cabinet of Ministers.


Article 37 For efficient use of water and irrigation facilities, as well as for the protection of antierozionala of soil in the same land owners of reclamation can be founded in associations for land improvements, according to the law and their own statutes.


Article 38 Arrangements for agricultural reclamation, financed from the State budget are subject to the control and supervision of the Ministry of agriculture and food, the Ministry of Waters, Forests and environmental protection, the Ministry of public works and town and country planning and the Ministry of finance, for the duration of the execution and their officials.


Article 39 on the date of entry into force of this law are repealed:-Law No. 7/1974 relating to the development, operation, maintenance and financing of irrigation improvement and other reclamation works, with changes and additions made to the Council of State decrees no. 55/1975 and no. 68/83;
-H.C.M. nr. 152/1975 on the establishment and sanctioning of offences in the field of irrigation and reclamation works;
-the provisions of art. 3 of Decree-Law No. 43/90, concerning the assumption of entirely from the State budget of reclamation activities;
-the provisions of the annex. 2, indent 7-a, Judgment No. 740/1990 on measures in the field of financing-financing investments from the State, as well as with regard to 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 27 June 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 27 June 1996, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN V.S.-MORRIS — — — — — — — — —