Law No. 141 of 23 July 1999 approving Ordinance No. 96/1998 on the regulation and administration of the forestry regime of the forest fund ISSUING national PARLIAMENT Published in MONITORUL OFICIAL nr. 355 of 27 July 1999, the Romanian Parliament adopts this law.
Article 1 shall be subject to approval of the Government Ordinance No. 96 of 27 august 1998 concerning the regulation of the forestry regime, and the national administration of forestry issued pursuant to art. 1 item 3 (a). the Act No.) 148/1998 on empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 320 of 28 august 1998, with the following amendments and supplements: 1. Article 2 shall read as follows: Art. 2.-regardless of their form of ownership, the implementation strategy value economic, social and ecological forests is an attribute of the State. In compliance with the conditions of ownership, forests of Romania are administrated and gospodărite in a unitary system, aimed at capitalizing on the continuing, for the benefit of present and future generations, of their ecological and socio-economic. "
2. In article 4, paragraph (1) shall read as follows: Art. 4.-(1) Forest Roads and railways, existing at the date of entry into force of this Ordinance, regardless of the form of ownership of forestry they cross, belong to the State. "
3. In article 4, subparagraph b) of paragraph (2) shall read as follows: "b) roads and railways built on forestry, forest fund lands privately owned and funded from the financial resources of the owners of forests, will be privately."
4. In article 8, subparagraph b) of paragraph (1) shall read as follows: "(b)) to guard the forests in order to prevent illegal deforestation, destruction or degradation of forest vegetation, grazing, poaching and other authorities or administrative acts. The owners of forests referred to in art. 12(3). (1) who does not have staff responsible for securing, offence; "
5. In article 8, paragraph (2) shall read as follows: "(2) in cases where forest management, private property, belonging to natural or legal persons, is provided on contract basis directed National forests or specialized units, the obligations mentioned in paragraph 1. (1) will be found as such in contracts. "
6. In article 10, paragraph (5) shall read as follows: "(5) timber, except in m-shaped steri, which carry from the forest, with the accompanying packing slip document or the accompanying worksheet, it marks the brand specific economic agent prior to administer forest or exploiting timber."
7. Article 12 shall read as follows: Art. 12. — (1) the public Forests, belonging to communes, towns and municipalities, and the private property belonging to the former indiviză, composesori, moşneni and freeholder or their heirs, is administered by the forest owners through their own structures, similar to those of the State. For managing forest holders referred to above undertake specialized personnel authorized under this Ordinance.
(2) to enforce the mentioned in paragraph 1. (1) natural persons, former freeholder moşneni and composesori, or their heirs, will constitute the first compulsory, the associations with legal personality under the law. "
8. In article 13, paragraphs (2) and (3) shall read as follows: "(2) in the event of the existence of several cantons, or districts shall constitute the order of battle, led by forestry engineers, foresters, foresters, or technicians. Their surface is not more than 1,500 hectares in the plain area, 2,500 hectares in the area of hills and 5,000 hectares in the mountain area.
(3) If more than one order of battle or districts shall constitute the forest, whose wards area is no more than 8,000 hectares in the plain area, 12,000 hectares in the area of hills and 20,000 hectares in the mountain region. "
9. Article 14 shall read as follows: Art. 14. — (1) where the owners of the forests that are the subject of this section may not meet the conditions laid down in article 21. 12, they will belong to what householders forests, on the basis of a contract, through the National forest or Directed through specialized units, authorized by the central public authority responsible for forestry.
(2) the contract concluded between the Parties shall be laid down the rights and obligations of owners of forests and the national forest. Necessarily will stipulate: the material rights of the owners) of forests in nature or in money, resulting from the sale of timber resources and non-wood forests contained in management;
b) obligations of national forest or specialised units which are authorized by the central public authority responsible for forestry, to guard the forests and executing technical forestry care works, pest control, bringing the wood mass, resources exploitation and regeneration of stands, in accordance with the forest;
(c) financial arrangements) bear the cost of the work of the forestry administration, amenajamentelor, security, care, pest repeller, exploitation and regeneration. "
10. In article 15, paragraphs (1) and (3) shall read as follows: Art. 15. — (1) privately owned Forests belonging to natural persons are subject to the regime. The owners of these forests are under obligation to execute, by its own means or through specialized units, necessary work imposed by the regime.
(3) In order to comply with the obligation referred to in paragraph 1. (1) private forest owners, individuals or organised in associations, may require the territorial units of the national forest or specialised units which are authorized by the central public authority responsible for forestry, to manage the forests that they belong 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 the parishes, schiturilor, monasteries, educational establishments or other legal entities is made by them or hiring staff specialized in forestry with a view to compliance with the obligations laid down in article 21. 8 para. (1).
(3) the owners of the forests that are the subject of this section may require that they belong to the forests to be managed on a contractual basis by the Director of the National forest or specialised units which are authorized by the central public authority responsible for forestry, under the conditions laid down in article 21. 14, supplemented with other specific provisions agreed by the Contracting Parties. "
12. In article 17 (1), (2), (4) and (5) shall read as follows: Art. 17. — (1) the contracts for the administration of forest fund, referred to in sections 2-4 of this chapter, shall be concluded for a period equal to the minimum period of application of the forest, out as prescribed. 18 of law No. 26/1996-forest code.
(2) the contracts referred to in paragraph 1. (1) ending in authentic form at the offices of notary fees, taxes and suportandu-directed National forests or specialised units which are authorized by the central public authority responsible for forestry. Such contracts shall be registered at forestry inspectorates, the institutions defined under article. 19 and 21 of this Ordinance, within which you can find out the forest.
(4) the staff of the forest employee structures and specialized units that run on contract management of forests and public property belonging to the administrative-territorial units and privately owned, controlled, under the forestry regime, the report of the technical personnel of the central public authority responsible for forestry and forestry inspectorates, referred to the head. IV of this Ordinance.
(5) forest guard Staff employed forest will be equipped with military service, in accordance with the law, and with the service uniform. "
13. In article 19, paragraph (1) shall read as follows: Art. 19.-(1) compliance regime for the entire forest national forest fund shall be exercised by the central public authority responsible for forestry and forestry inspectorates under its territorial flying. "
14. In article 20, subparagraphs), e) and (j)) shall read as follows: ' a) controls how compliance by owners and keepers with any title of forest laws in the field of forestry and the forest-specific rules regime;. ..
e) supervise the work of repair and maintenance of forest roads, in accordance with the specific legislation and rules in force;
j any other duties) meets the established by law. "
15. In article 20, subparagraph i) is repealed.
16. Article 21 shall read as follows: Art. 21. — (1) the territorial Inspectorates forestry are territorial, a decree of the Government.
(2) technical staff specialized forestry inspectorates will be territorial size in relation to the area of forests and the number of owners, so for an average surface of 20,000 hectares to be an Auditor-Accountant.
(3) For technical work and for carrying out checks on Fund will ensure an accountant or a technician for an average surface of 10,000 hectares. "
17. Articles 23 and 24 shall be repealed.
18. The title of chapter V shall read as follows: "the definitive or temporary Removal of land from the national forest fund" 19. Article 25 shall read as follows: Art. 25. — (1) the reduction in the surface area of the forests national forest is prohibited, except in the following situations: a) for military construction for the railway, road, County, and national highways, high-voltage power lines, mines, wells, and flow TeX related equipment, conduits of gas or oil transport, reclamation works, water management or establishing new sources of water. Final occupation of forest fund lands, private property, with or without cutting the forest shall be approved with the prior consent of the land owners, under the provisions of this Ordinance. In cases in which landowners do not agree, the occupation of land can be made under the conditions laid down according to legal regulations relating to expropriation for public utility;
b) for the construction of tourist attractions, with the agreement of the owner and with the approval of the central public authority responsible for forestry;
c) for the purpose of execution of the works, installations and constructions necessary for the management of the forest fund or on its own account, at the request of the owners and with the approval of the Central Government authority responsible for forestry;
(d) any other investment) with social, cultural, sporting, medical and worship, with the opinion of the central public authority responsible for forestry.
(2) the permanent occupation of the land from the forest fund, referred to in paragraph 1. (1) (a). the a and b)), with the payment by the applicant of legal and natural persons of the following fees and compensation: a) the fee for the final occupation of woodlands, which pour into the Fund for the improvement of the Land Fund under the provisions of art. 92 para. (4) Land Fund Act No. 18/1991 republished, fund available to central public authority responsible for forestry;
(b)) and mass equivalent value of the land, which shall be paid to the owner of forest land;
c) counter value growth loss, caused by the exploitation of wood mass before the age if the plot is exploitability covered with forest, which are the responsibility of the land owner compensation.
(3) legal and natural persons may apply for permanent occupation of some areas of the forest, and after the payment of a fee equal to the equivalent value of growth loss, caused by the exploitation of wood mass before the age if recipient exploitability compensated by an equivalent area of land bordering the forest fund, which you impadureste and if you maintain the plantation pending the conclusion of the massive state at his own expense on the advice of the central public authority in charge of forestry. "
20. Article 26(2) shall read as follows: Art. 26. — (1) For the temporary use of national forest lands, with or without deforestation, under the conditions laid down in article 21. 25 para. (1) (a). a) natural or legal persons who benefit from the use of land are required to pay rent for: (a)) duration of occupation of land approved, which the landowner is levied;
b the equivalent amount of growth loss) as a result of cutting of wood mass before the age established in the management plan forest exploitability;
(c) a guarantee amount) equal to the expenses required for replacing the vegetation forestry land used temporarily and for its upkeep until solid state;
(d)) the amount referred to in (c)) shall be deposited in a special account, interest-bearing Fund to improve the Land Fund, which is available to central public authority responsible for forestry, Land Fund as provided for in Law No. 18/1991 republished;
(2) where the use of land does not involve deforestation, the beneficiary pays the owner the rent. "
21. Article 27(2) shall read as follows: Art. 27.-Methodology of funding and executing resettlement work of forest vegetation and its maintenance until achieving massive status, provided for in art. 26 lit. (c)), shall be prepared 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.-Temporary Occupation or use of final fields from national forest fund under the provisions of art. 25 and 26, is made only with the consent of the owners and approved as follows: a) for up to one hectare of the forest Inspectorate, at the request of any natural or legal person;
(b)) to the surface over a hectare, but not more than 50 hectares of the central public authority responsible for forestry, at the request of any natural or legal person, with the opinion of the territorial Forestry Inspectorate;
c) for more than 50 hectares area, by decision of the Government, at the request of the recipient of legal persons and on the proposal of the central public authority in charge of forestry. "
23. Article 29 shall be repealed.
24. Article 30 shall read as follows: Art. 30. financing activities national forest management is made from own income: (a));
b) State budget;
c) other sources. "
25. In article 31, paragraph (1) shall read as follows: Art. 31. — (1) in order to support forest holders, regardless of their form of ownership, in the carrying out of works, in order to ensure the integrity of the national forestry and sustainable management of it, the State will allocate annually from the budget the necessary funds for the restoration of forests:) affected by natural disasters or fire whose cause is unknown;
b) restoring forestry transport horses destroyed following natural calamitatii;
c) combating pests and diseases forest private property;
d) arranging private forests of natural persons;
e) financing of studies of complex management solutions to private forests of natural and legal persons;
f) making available to owners of forests to forest and legal technical regulations governing forest and propaganda materials and education concerning forest protection and forest conservation;
g) supporting forest holders with special functions for protection, individuals, through the granting of compensation representing the counterpart of goods which are not harvested due to restrictions imposed by the forest management plan in the forests with special functions of protection. "
26. After article 32 shall be entered in articles 32-32 ^ 1 ^ 3 with the following content: "Art. 32 ^ 1. (1) Violation of the provision art. 9 lit. the offense) is punishable with imprisonment from 1 to 5 years, with confiscation of the stocktaking results, or, if the material has been previously exploited the finding, with payment of its value.
(2) the same punishment shall apply to those who favor the violation of para. (1). 32 ^ 2. -(1) the Cutting or removal of roots, without right, from forests, regardless of the form of ownership of trees and shoots, by the owners, holders, or any other person, if the volume of wood mass thus extracted is over 5 mc or if its volume is below the limit, and the deed was perpetrated at least twice within 2 years constitutes infringement and is punishable by imprisonment from 6 months to 4 years or by a fine.
(2) If the act resulted in the retrieval of a volume of more than 20 DBM, the punishment is imprisonment from 1 to 5 years.
(3) When the act resulted in the retrieval of a volume of more than 50 mc, the penalty is imprisonment from 2 to 7 years.
(4) the maximum sentences provided for in paragraph 1. (1) to (3) shall be increased by three years, where the acts were committed in the following circumstances: (a)) of two or more persons jointly;
b) by a person with a gun upon himself or dangerous chemicals;
c) at night;
d) in areas of protected forest.
(5) the attempt shall be punishable.
Art. 32. ^ 3 -(1) the destruction, degradation, or bringing into a State of disuse of certain forest areas by the owners, holders or any other persons, and the burning of their destruction constitute the offense and is punishable by imprisonment from 6 months to 4 years. "
27. Article 33 shall read as follows: Art. 33. — (1) the following acts Constitute offences, unless they have been perpetrated in such conditions that, according to the criminal law, be regarded as offences, and shall be imposed as follows: (a)) or other owners ' refusal to owners of forests forest to draw up, in accordance with amenajamente of the obligation laid down in article 21. 8 para. (1) (a). the fine) to 200,000 lei lei to 1,000,000 for individuals and from 1,000,000 to 5,000,000 lei lei for legal entities;
b) insuring the security of forests, in accordance with the obligation laid down in article 21. 8 para. (1) (a). (b)), with fine of 500,000 to 1,000,000 lei lei to individuals and from 2,500,000 to 5,000,000 lei lei for legal entities;
c) refusal or other forest owners to execute the work on prevention and combat of forest pest and disease, according to the provision art. 8 para. (1) (a). (c)), or to execute the work stands, care provided in article. 8 para. (1) (a). g), with fine from 1,000,000 to 5,000,000 lei lei.
(2) the Offences referred to in paragraph 1. (1) applicable to the provisions of law No. 32/68 on the establishment and sanctioning of offences, with the exception of art. 25-27. (3) the amount of administrative fines shall be periodically updated every decision of the Government. "
28. Article 35 shall read as follows: Art. 35.-the finding of infringements mentioned in article 1. 32 ^ 1 ^ 3-32 and the offences mentioned in article 1. 33 of this Ordinance shall be made by the staff of the forest; 105 of the law nr. 26/1996-forest code and forestry personnel from the newly established structures, of forestry under this Ordinance. "
29. are inserted after article 38 articles 38 and 38 ^ 1 ^ 2 with the following content: "Art. 38 ^ 1. -Marking and evaluating trees destined for slaughter, for forest owners, individuals, who manages the forests themselves, shall be made available upon request, authorized by the forest staff within the forest of the ocoalelor national forest and the forest units established under the provisions of art. 13. Once the payment of these benefits the owners will receive legal documents for the exploitation and transport of timbers, respectively.
Art. 38 ^ 2. -Provisions concerning the crimes of this Statute shall be supplemented by those contained in Title VI ' Responsibilities and sanctions "from the law. 26/1996-forest code. "
30. Article 39 shall repeal 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 it with provisions specific to forests, public and private property, regulations and instructions in the field of forestry.
Article 3 this Act comes into force within 60 days after its publication in the Official Gazette of Romania.
Article 4 of the Government Ordinance No. 96/1998 on the regulation and administration of the forestry regime national forest fund, as amended by this Bill, will be republished in the Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 1 July 1999, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ION DIACONESCU SENATE PRESIDENT PETRE ROMAN------------