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Law No. 107 Of 16 June 1999 On Approval Of The Government Ordinance. 82/1998 On Some Measures For Improvement Through Afforestation Of Degraded Lands

Original Language Title:  LEGE nr. 107 din 16 iunie 1999 pentru aprobarea Ordonanţei Guvernului nr. 81/1998 privind unele măsuri pentru ameliorarea prin împădurire a terenurilor degradate

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LEGE no. 107 107 of 16 June 1999 for approval Government Ordinance no. 81/1998 on certain measures to improve the afforestation of degraded land
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 304 304 of 29 June 1999



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 81 81 of 25 August 1998 on certain measures to improve the afforestation of degraded land, issued under art. 1 1 section 3 lit. b) of Law no. 148/1998 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 313 of 27 August 1998, with the following amendments and additions: 1. Article 1 shall read as follows: "" Art. 1. -The provisions of this ordinance are subject to degraded land, unfit for agricultural uses, as well as non-productive land, regardless of the form of property, which can be improved by afforestation works, in order to protect soil, restoring hydrological balance and improving environmental conditions. " 2. In Article 2, the introductory part and the letter g) shall read as follows: "" Art. 2. -They are considered degraded land, within the meaning of this ordinance, land that, through erosion, pollution or destructive action of anthropogenic factors, has permanently lost its agricultural production capacity, but can be improved by afforestation, namely: " ............................................................................. " g) the salted or heavily acidic land; ' 3. in Article 2, the letter k shall be inserted after letter j) with the following contents: " k) non-productive land. ' 4. In Article 3, the introductory part shall read as follows: "" Art. 3. -I am the subject of afforestation, under the conditions provided in 1 1 and 2, the following categories of degraded land, depending on the nature of the property: " 5. Article 4 shall read as follows: "" Art. 4. -The degraded land provided in art. 2, which may be improved by afforestation, shall be constituted in the areas of improvement. " 6. The title of Chapter II shall read as follows: "" Procedure for the identification of degraded land intended for afforestation " 7. Article 5 shall read as follows: "" Art. 5. -(1) The identification, delimitation and establishment of the breeding perimeters at the level of the localities shall be made by a commission established by decision of the prefect, at the proposal of the Director General of the General Directorate for Agriculture and Eating. The Commission shall be constituted within 30 days of the entry into force of this Ordinance and shall consist of: a) the mayor of the commune, the city or municipality, as the case may be, as chairman of the commission; b) representative of the agricultural department c) the representative of the Office of Agricultural Cadastre and the organization of agricultural territory, as secretary; d) representative of the county office of pedological and agrochemical studies; e) representative of the territorial forestry inspectorate; f) representative of the territorial environment protection agency; g) the representative of the forestry department or the forestry detour; h) representative of the land improvement sector; i) specialists from the research and design units and subunits in the fields of land improvement for agriculture, forestry, degraded land afforestation, agrochemical and pedological research and others, as the case may be. (2) The documentation drawn up by the commission referred to in par. (1) shall be endorsed in accordance with art. 82 82 para. ((4) of the Land Fund Law no. 18/1991 ,, republished. " 8. In Article 6, paragraphs 2 and 3 shall read as follows: " (2) The inventory of excessively degraded land, which presents a danger to the safety of social-economic objectives, will end within 90 days from the date of finding the phenomenon. (3) Inventory of degraded land provided in par. ((1) and (2) shall be a permanent obligation, which shall not end until the actions for their improvement have been completed. " 9. in Article 6, after paragraph 3, paragraph 4 is inserted as follows: "(4) For existing cases, the term flows from the date of approval by law of this ordinance." 10. Article 7 shall read as follows: "" Art. 7. -The degraded land set up in the perimeters and proposed to be improved by afforestation will be removed from the land with productive agricultural uses or non-productive land, with the approval of the Ministry of Agriculture and Food, and will be registered as "non-productive land intended to be forested", according to the methodological norms to be issued by the Ministry of Agriculture and Food within 90 days of the entry into force of this ordinance. " 11. In Article 8, paragraph 1 shall read as follows: "" Art. 8. -(1) Degraded land, provided for in art. 3, will be forested by their legal holders, through specialized units. The biological material shall be provided by the National Forest Regia, on the contractual basis, or by other producers, and the work will be carried out with the free technical assistance of the specialized forestry personnel. " 12. Article 9 shall read as follows: "" Art. 9. -The degraded land public property, provided in art. 3 lit. b), constituted in the perimeters of improvement by afforestation, can be transmitted, with the agreement of the parties, without payment, in the administration of the National Forest Regia. The transmission is approved by Government decision, with the opinion of the Ministry of Agriculture and Food and the Ministry of Water, Forestry and Environmental Protection, given that the land area is, as a rule, of at least 5 hectares, in the case isolated bodies, and, regardless of the surface, in the case of land bordering with the public property forest fund of the state. " 13. Article 10 shall read as follows: "" Art. 10. -In the case of the donation of degraded private land, to the state, in order to execute the improvement works by afforestation, the donation documents, the registration in the land records and in the registers of real estate inscriptions are exempt from the related fees, and the notarial fee is borne by the National Forest Regia. " 14. In Article 11, paragraph 1 shall read as follows: "" Art. 11. -(1) The central public authority responsible for forestry, on behalf of the state, may mandate the National Forest Regia to buy from natural persons degraded land for afforestation, contained in the breeding perimeters constituted according to law The payment of the value of these lands will be made from the forest conservation and regeneration fund, provided for art. 63 63 of Law no. 26/1996 .. " 15. Article 12 shall read as follows: "" Art. 12. --(1) Sources of financing for the preparation of technical-economic documentation of the improvement works provided in art. 8 8 para. (2), for the afforestation of degraded land and those related to the improvement works, maintenance and security of those works, until the final reception, are as follows: a) the fund for the improvement of the land fund, Law of Land Fund no. 18/1991 , republished; b) allowances from the state budget, according to art. 88 of the Land Fund Law no. 18/1991 , republished, art. 75 75 and 94 of Law no. 26/1996 ; c) allowances from the local budgets of communes, towns, municipalities and counties; d) sponsorships from companies, foundations and others; e) non-reimbursable external financial sources or long-term external credits; f) voluntary contribution of natural or legal persons, interested in the execution of improvement works; g) forest conservation and regeneration fund, constituted according to art. 63 63 of Law no. 26/1996 from the forest fund managed by the National Forest Regia; h) legal damages, due by natural or legal persons, guilty of soil degradation, established by the competent court, at the request of local or central specialized units in the field of agriculture, forestry or protection the environment; i) other legal sources. (2) The Ministry of Water, Forestry and Environmental Protection, as technical coordinator of degraded land improvement actions, will annually request the inclusion in the state budget of the funds required for afforestation in the following year of degraded land, according to art. 6 6 para. ((3) and (4). ' 16 articles 13 and 14 shall be repealed. 17. Article 15 shall read as follows: "" Art. 15. -Preventing any form by individuals of the execution of approved afforestation programs constitutes a criminal offence and is punishable by law. " 18. After Article 15, Articles 15 ^ 1 and 15 ^ 2 are inserted with the following contents: "" Art. 15 15 ^ 1. -The destruction of forest plantations established in breeding perimeters constitutes a crime and is punishable by imprisonment from 6 months to 2 years. Article 15 ^ 2. -The grazing in the degraded forested land, constituted in the perimeters of improvement according to the present ordinance, is strictly prohibited, constitutes contravention and is sanctioned according to the law. " 19. In Article 17, paragraph 1 shall read as follows: "" Art. 17. --(1) Contraventions provided for in art. 16 the provisions of Law no. 32/1968 on the establishment and sanctioning of contraventions, with subsequent amendments and completions, except art. 25-27 25-27. " 20. In Article 19, paragraph 2 shall read as follows: " (2) In cases where natural and legal persons, who own degraded land privately owned, do not agree with the execution of the improvement works under the conditions provided for by this ordinance, the Government, at the proposal of the ministries interested, will submit to Parliament the expropriation by law, as a matter of urgency, for public utility, of the respective land. The administration of these lands will be done by the National Forest Regia. " 21. Article 20 shall read as follows: "" Art. 20. -The degraded land taken over by the National Forest Regia under the conditions provided in art. 10, 11 and at art. 19 19 para. (2) shall be part of the forestry facilities, become part of the national forest fund, public property of the state, and shall be subject to the forestry regime. " 22. Article 22 shall read as follows: "" Art. 22. -After the end of the massive state, the degraded land holders, forested under the conditions of this ordinance, will ensure with continuity, at their own expense, the care, security and protection works in the respective breeding perimeters, with compliance with forestry technical standards for this category of forest vegetation. " 23. Article 23 shall read as follows: "" Art. 23. -The central public authority responsible for forestry will present annually to the Government the situation of identification and afforestation of degraded land. " This law was adopted by the Chamber of Deputies at the meeting of May 10, 1999, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, PAULA IVANESCU This law was adopted by the Senate at the meeting of May 10, 1999, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA ---------------