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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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 of PARLIAMENT published in ISSUING OFFICIAL GAZETTE nr. 304 of 29 June 1999, the Romanian Parliament adopts this law.

The sole article approving Ordinance No. 81 of 25 august 1998 on some measures for improvement through afforestation of degraded lands, issued pursuant to art. 1 item 3 (a). b) of law No. 148/1998 on empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 313 of 27 august 1998, with the following amendments and supplements: 1. Article 1 shall read as follows: Art. 1.-the provisions of this Ordinance Are subject to degraded land areas considered unsuitable for agriculture, as well as non-productive lands, regardless of their form of ownership, which may be relieved by an afforestation works in order to protect the soil and hydrological restoration, balance environmental improvements. "
2. In article 2, introductory part and the letter g) shall read as follows: Art. 2.-are considered degraded within the meaning of this Ordinance, the land which, by erosion, pollution or destructive action of some anthropogenic factors have permanently lost the ability of agricultural production, but can be improved through afforestation, namely: ". .." g) strong acid or salt lands; "
3. In article 2, after the letter j) is inserted in point k) with the following content: "k) land."
4. In article 3, the introductory part shall read as follows: Art. 3.-subject to impaduririi, as provided in article 13. 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.-degraded Lands. 2, that can be relieved through afforestation, are areas for improvement. "
6. The title of chapter II shall read as follows: "the procedure of identification of degraded lands intended impaduririi" 7. Article 5 shall read as follows: Art. 5.-(1) the identification, delineation and perimeters for improvements at the level of settlements are carried out by a Commission established by a decision of the Commissioner, upon a proposal by the Director general of the Directorate-General for agriculture and food. The Commission will be made within 30 days of the entry into force of this Ordinance and shall be composed of: a), Mayor of the city or municipality, as the case may, in his capacity as Chairman of the Committee;

representative of the agricultural Directorate b);

c) Cadastre Office representative, agriculture and agricultural planning, as Secretary;

(d) the representative of the Office of the County) pedological and agrochemical;

e) territorial Forestry Inspectorate representative;

f) territorial representative for the environmental protection agency;

g) forestry Directorate representative or the forest;

h) reclamation sector representative;

I) specialists from the units and subunits of research and design in the areas of reclamation for agriculture, forestry, afforestation of degraded lands, soil agrochemical research and others, as appropriate.

(2) the documentation drawn up by the Commission pursuant to paragraph 4. (1) shall give notice in accordance with art. 82 para. (4) Land Fund Act No. 18/1991 republished. "

8. In article 6, paragraphs (2) and (3) shall read as follows: "(2) excessive inventories of land degraded, endangering the safety of the socio-economic objectives, will end within 90 days from the date of establishment of the phenomenon.

(3) inventory of degraded lands referred to in paragraph 1. (1) and (2), which is the permanent obligation will not conclude until after the completion of their improvement. "

9. In article 6, after paragraph 3, insert the (4) with the following contents: "(4) For existing cases, the time limit shall run from the date of approval by law of this Ordinance."
10. Article 7 shall read as follows: Art. 7.-Land degraded the perimeter, and proposed to be improved through afforestation will be removed from the record of agricultural land mixed with productive or unproductive land, with the approval of the Ministry of agriculture and food, and will be recorded as "non-productive land to be afforested," according to the methodological norms issued by the Ministry of agriculture and food within 90 days after the entry into force of this Ordinance. "
11. In article 8, paragraph (1) shall read as follows: Art. 8.-(1) degraded Land, referred to in art. 3, will be afforested by their keepers, through specialized units. Biological material ensuring of the National forests, Directed on the basis of a contract, or of other manufacturers, and the work will be performed with free technical assistance to the staff of the forest. "
12. Article 9 shall read as follows: Art. 9.-Land degraded public property, referred to in art. 3 (a). b), formed in areas of improvement through afforestation, can convey, with the agreement of the parties, without payment, in the management of national forest. The transmission shall be approved by decision of the Government on the advice of the Ministry of agriculture and food and the Ministry of Waters, Forests and environmental protection, as the land surface is usually not less than 5 hectares, in the case of insulated bodies, and regardless of the surface, in the case of land bordering forest fund with public property of the State. "
13. Article 10 shall read as follows: Art. 10.-in the case of privately owned lands and depraved donation, by State, to perform the works of improvement through afforestation, donation, registering in land registry records and inscriptiuni records in real estate are exempt from fees, and notary fees are Directed to support National forests. "
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 authorize the Director to buy National Forest from degraded lands in order to impaduririi, contained within the perimeters formed by law improvement. Payment of the value of these lands will be made from the Fund on the conservation and regeneration of forests; 63 of law No. 26/1996. "
15. Article 12 shall read as follows: Art. 12. — (1) the sources of funding for the preparation of technical and economic documentation of the works of improvement. 8 para. (2) for impadurirea degraded lands and those related to the improvement works, maintenance and guarding of those works until the final reception, are as follows: to improve Fund) Land Fund, land fund set up by law No. 18/1991 republished;

b) allocations of the national budget, according to art. 88 Land Fund Act No. 18/1991 republished, art. 75 and 94 of law No. 26/1996;

c) allocations local budgets of communes, towns, municipalities and counties;

d) sponsoring for companies, foundations and others;

external financial sources e) grants or long-term foreign loans;

voluntary contribution to f) natural or legal persons, interested in the execution of the work of improvement;

g) Conservation Fund and regeneration of forests, set up pursuant to article 13. 63 of law No. 26/1996 Forestry Fund administered by the Director of the National forests;

h) legal remedies, due to natural or legal persons, guilty of soil degradation, as determined by the Court, at the request of local or central units specialized in agriculture, forestry or environmental protection;

other legal sources, ...).

(2) the Ministry of waters, Forests and environmental protection, as technical coordinator of actions to improve degraded lands, will be required to be included in the annual State budget of funds badly needed for impadurirea in the following year of degraded lands, under the provisions of art. 6 paragraph 1. (3) and (4). "

16. Articles 13 and 14 shall be repealed.
17. Article 15 shall read as follows: Art. 15.-to prevent any form of physical persons of approved programmes of afforestation constitutes infringement and is punishable under the law. "
18. After article 15 shall be inserted in articles 15 and 15 ^ 1 ^ 2 with the following content: "Art. 15 ^ 1. -Destruction of forest plantations established in the perimeters of improvement constitutes infringement and is punishable by imprisonment from 6 months to 2 years.
Art. 15 ^ 2. Degraded Grazing lands-in woodland, the perimeters of improvement under this Ordinance, is strictly forbidden, constitutes contravention and shall be imposed according to law. "
19. In article 17, paragraph (1) shall read as follows: Art. 17.-(1) the Offences referred to in articles. 16 they shall apply the provisions contained in law No. 32/68 on the establishment and sanctioning offences, as amended and supplemented, except art. 25-27. "20. In article 19, paragraph (2) shall read as follows: "(2) In cases in which legal and natural persons who hold lands and depraved privately disagree performance improvement works under this Ordinance, the Government, upon the proposal of the ministries concerned will be subject to the expropriation law, Parliament in emergency, for public use, the land in question. The administration of these lands will be made by the Director of the National forests. "

21. Article 20 shall read as follows: Art. 20.-Land degraded answered by Directing National forests in accordance with art. 10, 11 and in article 13. 19 para. (2) the forest management plan, become part of the national forest fund, public property of the State, and shall be subject to the regime. "
22. Article 22(3) shall read as follows: Art. 22.-after the end of the State, owners of forested lands and depraved, under the present Ordinance, it will assure with continuity, at his own expense, the work of care, security and improvement in protection perimeters concerned, while complying with the technical regulations for this category of forest forest vegetation. "
23. Article 23 shall read as follows: Art. 23. central public authority-responsible for forestry will submit annually to the Government situation degraded lands and impaduririi identification. "
This law was adopted by the Chamber of deputies at its meeting on 10 May 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU this law was adopted by the Senate at its meeting on 10 May 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T — — — — — — — — — — — — — — —