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Law No. 141 Of 23 July 1999 Approving Ordinance No. 96/1998 On The Regulation And Administration Of The Forestry Regime National Forest Fund

Original Language Title:  LEGE nr. 141 din 23 iulie 1999 pentru aprobarea Ordonanţei Guvernului nr. 96/1998 privind reglementarea regimului silvic şi administrarea fondului forestier naţional

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LEGE no. 141 141 of 23 July 1999 for approval Government Ordinance no. 96/1998 on the regulation of the forestry regime and the administration of the
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 355 355 of 27 July 1999



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 96 96 of 27 August 1998 on the regulation of the forestry regime and the administration of the national forest fund, art. 1 1 section 3 lit. a) 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. 320 of 28 August 1998, with the following amendments and additions: 1. Article 2 shall read as follows: "" Art. 2. -Regardless of the form of ownership, the strategy of economic, social and ecological value of forests is an attribute of the state. Under the conditions of respect for the right of property, the forests in Romania are managed and managed in a unitary system, aiming to continue, for the benefit of current and future generations, their ecological and social-economic functions. " 2. In Article 4, paragraph 1 shall read as follows: "" Art. 4. -(1) Forest roads and forestry railways, existing on the date of entry into force of this ordinance, regardless of the form of property of the forest fund that they cross, belong to the state. " 3. In Article 4, letter b) of paragraph (2) shall read as follows: "b) forest roads and railways, built on land from the privately owned forest fund and financed from the financial resources of forest owners, will be privately owned." 4. In Article 8, letter b) of paragraph (1) shall read as follows: " b) ensure the protection of forests, in order to prevent illegal logging, destruction or degradation of forest vegetation, abusive grazing, poaching and other criminal or contravention acts. Forest owners referred to in art. 12 12 para. (1), who do not have staff employed to ensure the security, respond contraventionally; " 5. In Article 8, paragraph 2 shall read as follows: " (2) In situations in which the management of forests, private property, belonging to natural or legal persons, is provided on a contractual basis by the National Forest Regia or specialized units, the obligations referred to in par. (1) shall be found as such in the contracts concluded. " 6. In Article 10, paragraph 5 shall read as follows: " (5) The wood material, with the exception of the one trimmed in the metri-steri, which is transported from the forest, having as an accompanying document the sales voucher or the accompanying sheet, shall be marked with the rectangular mark specific to the economic operator administering forest or which exploits the wood mass, as appropriate. " 7. Article 12 shall read as follows: "" Art. 12. -(1) Public property forests, belonging to communes, towns and municipalities, as well as those privately owned by individuals, belonging to former composers, mosneni and razesi or their heirs, shall be administered by the owners by Own forestry structures, similar to those of the state. For the management of the forests the holders mentioned above employ specialized personnel, authorized under the conditions of this ordinance (2) In order to carry out the provisions mentioned in (1) individuals, former composers, mosneni and razesi or their heirs, shall be constituted, in advance, compulsorily, in associations with legal personality, according to the law. " 8. In Article 13, paragraphs 2 and 3 shall read as follows: " (2) In the situation of several cantons there will be districts or forestry brigades, led by forestry engineers or forestry technicians. Their area is a maximum of 1,500 hectares in the plain area, 2,500 hectares in the area of hills and 5,000 hectares in the mountain area. (3) In the case of several brigades or districts, forest ocoals will be constituted, the area of which is a maximum of 8,000 hectares in the plain area, 12,000 hectares in the area of hills and 20,000 hectares in the mountain area. " 9. Article 14 shall read as follows: "" Art. 14. -(1) If the owners of forests covered by this section cannot meet the conditions referred to in art. 12, they will manage the forests belonging to them, on the contractual basis, through the National Forest Regia or through specialized units, authorized by the central public authority responsible for forestry. (2) The contract concluded between the parties shall establish the rights and obligations of the forest owners and of the National Forest Regia. Mandatory will be stipulated: a) the material rights of forest owners, in nature or in money, resulting from the valorization of wood and non-wood resources of forests taken over in management; b) the obligations of the National Forest Regia or specialized units, authorized by the central public authority responsible for forestry, to ensure the protection of forests and to execute the forestry technical works of care, pests, the value of wood, the exploitation of resources and the regeneration of the tree, in accordance with the forestry regime; c) the financial modalities to bear the cost of the works of drawing up forestry, administration, security, care, protection against pests, exploitation and regeneration. " 10. In Article 15, paragraphs 1 and 3 shall read as follows: "" Art. 15. -(1) Private property forests belonging to natural persons are subject to the forestry regime. The owners of these forests have the obligation to execute, by their own means or through specialized units, the necessary works imposed by the forestry regime. ........................................................................ (3) In order to comply with the obligation provided in par (1), the owners of private forests, individual or constituted in associations, may request the territorial units of the National Forest Regia or specialized units, authorized by the central public authority responsible for forestry, to manage the forests belonging to them, on the basis of contracts. " 11. In Article 16, paragraphs 1 and 3 shall read as follows: "" Art. 16. -(1) The management of privately owned forests belonging to parishes, skiers, monasteries, educational establishments or other legal persons shall be made by them or by employing specialized forestry personnel, in order to comply with obligations provided for in art. 8 8 para. ((1). ....................................................................... (3) The forest owners covered by this section may require that the forests belonging to them be administered on a contractual basis by the National Forest Regia or specialized units authorized by the public authority. the plant responsible for forestry, under the conditions provided in art. 14 14, supplemented by other specific provisions agreed by the Contracting Parties. '; 12. In Article 17, paragraphs 1, 2, 4 and 5 shall read as follows: "" Art. 17. -(1) The forest fund management contracts, referred to in sections 2 to 4 of this chapter, shall be concluded for a minimum duration, equal to the period of application of the forestry arrangement, according to the provisions of art. 18 18 of Law no. 26/1996 --Forest code. (2) The contracts provided in par. ((1) shall end in authentic form at the notary offices, fees and commissions being borne by the National Forest Regia or specialized units, authorized by the central public authority responsible for forestry. These contracts are registered with the territorial forestry inspectorates, institutions defined according to art. 19 and 21 of the present ordinance, within which the forest fund is located. ......................................................................... (4) The activity of the forestry personnel employed from their own structures and that of the specialized units, which perform on the basis of contract security and management of public property forests belonging to the administrative-territorial units and property private, is controlled, under the report of the forestry regime, by the technical staff of the central public authority responsible for forestry and the territorial forestry inspectorates, provided for the head. IV of this ordinance. (5) Forest personnel employed for the protection of forests will be equipped with service weapons, under the law, and with service uniform. " 13. In Article 19, paragraph 1 shall read as follows: "" Art. 19. --(1) Control of compliance with the forestry regime for the entire national forest fund shall be exercised by the central public authority responsible for forestry, as well as by the territorial forestry inspectorates subordinated to it. " 14. In Article 20, points a), e) and j) shall read as follows: "" a) control the manner of compliance by the owners and keepers with any forest title of the legal provisions in the field of forestry, as well as the rules specific to the forestry regime; ....................................................................... e) control the activity of repair and maintenance of forest roads, in accordance with the specific legislation and norms in force; ...................................................................... j) performs any other duties established by law. " 15. Article 20, point i) shall be repealed. 16. Article 21 shall read as follows: "" Art. 21. -(1) The territorial forestry inspectorates shall be constituted in territorial aspect, by Government decision. (2) The specialized technical staff in the territorial forestry inspectorates will be sized in relation to the forest area and the number of owners, so that for an average area of 20,000 hectares there will be an inspector-forestry engineer. (3) For the technical field works and for the execution of the background checks, a forestry engineer or a forestry technician shall be provided for an average area of 10,000 hectares. " 17 articles 23 and 24 shall be repealed. 18. The title of Chapter V shall read as follows: "Definitive or temporary removal of land from the national forest fund" 19. Article 25 shall read as follows: "" Art. 25. --(1) The reduction of the forest area of the national forest fund is prohibited, except for the following situations a) for construction with military destination, for railways, European roads, national and county roads, highways, high voltage power lines, mines, drilling, wells and related equipment, gas or oil transport bus pipelines, works of land improvement, water management or the realization of new water sources. The final occupation of land from the forest fund, private property, with or without clearing the forest, is approved with the prior consent of the land owners, according to the provisions of this ordinance. In cases where landowners do not agree, the occupation of land can be done under the conditions established according to the legal regulations on expropriation for the cause of public utility; b) for the construction of tourist attractions, with the consent of the owner and with the approval of the central public authority responsible for forestry; c) for the purpose of execution of works, installations and constructions necessary for the management of the forest fund or of self-interest, at the request of the owners and with the approval of the central public authority responsible for forestry; d) any other investments of a social, cultural, sports, medical and cult character, with the opinion of the central public authority responsible for forestry. (2) Final occupation of land from the forest fund, provided in par. ((1) lit. a) and b), shall be made with payment by the requesting natural and legal persons of the following fees and compensation: a) the fee for the final occupation of forest land, which flows into the Land Fund Improvement Fund, according to the provisions art. 92 92 para. ((4) of the Land Fund Law no. 18/1991 , republished, fund at the disposal of the central public authority responsible for forestry; b) the value of the land and the wood mass, which shall be paid to the owner of the forest land; c) the value of the loss of growth, determined by the exploitation of the wood mass before the age of exploitation, if the land is covered with forest, compensation that lies with the owner of the land. (3) Natural and legal persons may request the final occupation of areas of the forest fund and after payment of a fee equal to the value of the loss of growth, determined by the exploitation of the wood mass before the age exploitable, if the beneficiary compensates with an equivalent land area, the limit of the forest fund, which it impeds and if it maintains the plantation until the end of the massive state at its own expense, with the opinion of the public authority Central responding to forestry. " 20. Article 26 shall read as follows: "" Art. 26. -(1) For the temporary use of land from the national forest fund, with or without grubbing, under the conditions provided in art. 25 25 para. ((1) lit. a), natural or legal persons who benefit from the use of land have the obligation to pay: a) the rent for the land during the approved period, which is collected by the owner of the land b) the value of the loss of growth, as a result of the cutting of the wood mass before the age of the exploitation established in the forestry facilities; c) a guarantee in the amount equal to the expenses necessary for the reinstallation of forest vegetation on the land used temporarily and for its maintenance until the realization of the state of massive; d) the amount provided in lett. c) is deposited in a special account, interest bearing, at the Land Fund Improvement Fund, at the disposal of the central public authority responsible for forestry, provided for in Law of Land Fund no. 18/1991 , republished; (2) If the temporary use of the land does not involve deforestation, the beneficiary pays the rent to the owner. " 21. Article 27 shall read as follows: "" Art. 27. -The methodology for financing and implementing works for the resettlement of forest vegetation and its maintenance until the realization of the massive state, provided in art. 26 lit. c), shall be drawn up by the central public authority responsible for forestry, within 90 days from the date of entry into force of this ordinance. " 22. Article 28 shall read as follows: "" Art. 28. -Final occupation or temporary use of land from the national forest fund, according to the provisions of art. 25 and 26, shall be made only with the consent of the owners and are approved as follows: a) for the area of up to one hectare, by the territorial forestry inspectorate, at the request of the beneficiary natural or legal person; b) for the area of over one hectare, but not more than 50 hectares, by the central public authority responsible for forestry, at the request of the beneficiary natural or legal person, with the opinion of the territorial forestry inspectorate; c) for the area of over 50 hectares, by Government decision, at the request of the beneficiary legal entities and at the proposal of the central public authority responsible for forestry. " 23. Article 29 shall be repealed. 24. Article 30 shall read as follows: "" Art. 30. -The financing of the national forest fund management activities is made from: a) own income; b) the state budget; c) other sources. " 25. In Article 31, paragraph 1 shall read as follows: "" Art. 31. -(1) In order to support forest owners, regardless of the form of ownership, in carrying out household works, in order to ensure the integrity of the national forest fund and its sustainable management, the state will allocate annually from the budget the funds needed for: a) restoration of forests affected by natural disasters or by fires whose cause is unknown; b) restoration of forest transport paths destroyed as a result of natural calamity; c) combating diseases and pests of private property; d) arrangement of private property forests of individuals; e) the financing of complex studies to substantiate the management solutions of privately owned forests of natural and legal persons; f) making available to forest owners the forestry and legal technical norms governing the forestry regime and the propaganda and forestry education materials on forest protection and conservation; g) supporting forest owners with special protection functions, individuals, by granting compensation representing the value of goods they do not harvest due to the restrictions imposed by forest facilities in forests with special protective functions. " 26. After Article 32, Articles 32 ^ 1 to 32 ^ 3 are inserted as follows: "" Art. 32 32 ^ 1. -(1) Violation of the provision of art. 9 lit. a) constitutes a crime and is punishable by imprisonment from 1 to 5 years and with the confiscation of the resulting wood material or, if the material was previously capitalized on the finding, with payment of its value. (2) The same penalties apply to those who favor the violation of the provisions of par. ((1). Art. 32 ^ 2. --(1) Cutting or removing from roots, without right, from forests, regardless of the form of ownership, of trees and shoots, by owners, keepers or any other person, if the volume of wood mass thus extracted is more than 5 mc or if its volume is below this limit, and the act has been committed at least twice in the period of 2 years, constitutes a crime and is punishable by imprisonment from 6 months to 4 years or with a fine. (2) If the act had as a result the extraction of a volume of more than 20 mc, the sentence is imprisonment from 1 to 5 years. (3) When the act had as a result the extraction of a volume of more than 50 mc, the punishment is imprisonment from 2 to 7 years. (4) The maximum of penalties provided in par. ((1)-(3) shall be increased by 3 years, if the facts were committed in the following circumstances: a) two or more persons together; b) a person carrying a dangerous weapon or chemical; c) during the night; d) in protected forest areas. (5) The attempt is punishable. Art. 32 ^ 3. -(1) The destruction, degradation or non-use of forest areas by the owners, keepers or any other person, as well as their arson, constitute the crime of destruction and shall be punished with imprisonment from 6 months to 4 years. " 27. Article 33 shall read as follows: "" Art. 33. -(1) It constitutes the following facts, if they have not been committed under such conditions that, according to the criminal law, they are considered crimes, and are sanctioned as follows: a) the refusal of the owners or other owners of forests to draw up forestry facilities, according to the obligation provided in art. 8 8 para. ((1) lit. a), with a fine of 200,000 lei to 1,000,000 lei for individuals and from 1,000,000 lei to 5,000,000 lei for legal entities; b) failure to provide forest security, according to the obligation provided in art. 8 8 para. ((1) lit. b), with a fine of 500,000 lei to 1,000,000 lei for individuals and from 2,500,000 lei to 5,000,000 lei for legal entities; c) the refusal of owners or other forest holders to execute the works to prevent and combat pests and diseases of forests, according to the provision of art. 8 8 para. ((1) lit. c), or to execute the tree care works, provided in art. 8 8 para. ((1) lit. g), with a fine of 1,000,000 lei to 5,000,000 lei. (2) Contraventions provided in par. (1) their provisions are applicable Law no. 32/1968 on the establishment and sanctioning of contraventions, except art. 25-27. (3) The amount of contravention fines shall be periodically updated by Government decision. " 28. Article 35 shall read as follows: "" Art. 35. -Finding the crimes provided in art. 32 ^ 1-32 ^ 3 and the contraventions provided in art. 33 of this ordinance shall be made by the forestry personnel provided for in art. 105 105 of Law no. 26/1996 -Forest code and forestry personnel in the newly established forestry structures, according to this ordinance. " 29. After Article 38, Articles 38 ^ 1 and 38 ^ 2 are inserted with the following contents: "" Art. 38 38 ^ 1. -The marking and evaluation of trees intended for cutting, for forest owners, individuals, who manage their own forests, are made on request, by the authorized forestry personnel of the forest fields of the National Regia of Forests and personnel from forest units established according to the provisions of art. 13. With the payment of these benefits the owners will receive the legal documents for the exploitation and transport of the respective wood material. Art. 38 ^ 2. -The provisions relating to the offences in this ordinance shall be supplemented by those contained in Title VI "Answers and Sanctions" of the Law no. 26/1996 --Forest Code. " 30. Article 39 is repealed + Article 2 Within 3 months from the date of entry into force of this law the central public authority responsible for forestry will review and complete with specific provisions of forests, public and private property, regulations and instructions of the Forestry sector. + Article 3 This law shall enter into force within 60 days from the date of its publication in the Official Gazette of Romania. + Article 4 Government Ordinance no. 96/1998 on the regulation of the forestry regime and the administration of the national forest fund, as amended by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies and the Senate at the joint meeting of July 1, 1999, in compliance with the provisions of art 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. ROOM PRESIDENT DEPUTIES ION DIACONESCU SENATE PRESIDENT PETRE ROMAN ------------