Law No. 31 Of 3 April 2000 On The Establishment And Sanctioning Violations Of Forestry

Original Language Title:  LEGE nr. 31 din 3 aprilie 2000 privind stabilirea şi sancţionarea contravenţiilor silvice

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Law No. 31 of 3 April 2000 (* updated *) relating to the establishment and sanction of forest offences (updated until July 22, 2007)-PARLIAMENT ISSUING — — — — — — — — — — — — *) originally was published in MONITORUL OFICIAL nr. 144 of 6 April 2000. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until 22 July 2007, with amendments and additions to law No. 210 of 2 July 2007.
Romanian Parliament adopts this law.


Article 1 (1) shall constitute offenses shall be imposed with forestry and jail from 2 months to 6 months, or with fine 10,000,000 30,000,000 lei lei the following acts: a) the occupation of some national forest fund surfaces larger than legally approved, work on other land from the Fund than those approved by or neredarea national forest fund lands used for purposes other than temporarily in the forest at the time fixed by the Act of approval and in forested state of being;
  

b) reducing national forest fund or surface lands with forestry vegetation outside of that Fund, under conditions other than those prescribed by law, including by means of slow works;
  

c) cutting, severing or removal of the roots, without right, trees, saplings or shoots, with or without raising their national forestry or forestry land with vegetation outside, where the amount of the damage established according to law, it is up to 5 times the average price of a cubic metre of timber on foot;
  

d) evading times without signing, trees felled from natural phenomena or ripped fold of trees, saplings, sprouts, which were cut out of times roots, with or without the law, other people, or from the national forest fund land with forest vegetation outside, where the amount of the damage established according to law, it is up to 5 times the average price of a cubic metre of timber on foot;
  

e) overcoming the maximum volume of timber harvesting, approved annually by the Government, subject to the possibility laid down in the forest management plan;
  

f) violation of forestry amenajamentelor, approved in accordance with the law;
  

g) destruction or injury to shoots of trees, puietilor, through pasunare in the national forest fund lands times forest vegetation from;
  

h) grazing domestic animals on lands of the forest fund, as well as passing through forests or grazing on land with forestry vegetation outside of the forest fund, without legal approval or contrary to the requirements of this directive;
  

I) stands below the optimum ages cutting based on higher education and scientific research and technical rules laid down in the arrangement of the forests;
  

j) cutting, severing or removal of the roots, by the owners of privately owned forests or land owners with forestry vegetation outside the national forest fund, forest of nemarcati trees authorized personnel;
  

k) causing fires through various means in the woods or in forest vegetation outside the national forest fund;
  

l) violating the laws on prevention and firefighting in the national forest fund and in its surrounding areas, as well as in forest vegetation outside of this Fund;
  

m) modification, without legal approval, the amenajamentelor forest in the place where it does not occur through the consequences;
  

n) cutting times without signing, ornamental trees or fruit trees, winter forests State property or private land times with forestry vegetation outside the national forest fund or selling their transport times without being accompanied by legal documents of origin;
  

a consideration of the effects of non-payment) protective functions of forests, established under the law;
  

p) for the transport of logs or other specific products of the forest fund, with any means of transport, without legal documents of provenance, or non-driver's means of transport or hypo to carry loaded material at the location indicated by the findings or to stop at the signal or to present, on request, documents of origin. The sanction applies to the driver of the means of transport;
  

r) using other models of documents accompanying the woody materials during transportation than those established according to legal regulations;
  

s) receipt of timber to be loaded and transported by any means of transport, without being accompanied by legal documents of origin;
  

s, without the authorization of the operation) of processed roundwood in timber;
  

t) receiving wood round at processing plants and timber or timber without processing it to legal documents of origin;
  

t) national forest fund discharges or on land with forestry vegetation outside its industrial residue, petroleum or resulting from the processing of timber, chemicals, salt water and the like;
  

u) the destruction or injury, through pollution, forests or forest vegetation outside the national forest fund;
  

v) use of technological processes of harvesting and removal of timber from forests, which produce soil degradation and water banks, the destruction of or injury to trees and usable semintisului nedestinati exploitation, beyond the limits permitted by the instructions issued by the central public authority responsible for forestry;
  

x netinerea day) to the owners of the timber processed roundwood has received record quantities of wood processing, according to the regulations toward force.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply in the case of private forest lands property.
  


Article 2 Constitute offenses shall be imposed and forest with fine from 2,000,000 to 1,200,000 lei lei the following acts: a) throwing cigarettes, matches, or other objects that are lit in the woods or on other land in the forest fund national times the lighting of a forest at a distance less than 100 m from the boundary in places other than those specially designed and marked;
  

b) damage by any means of the forest road or work involved, including through the use of machines or with overall tonnage over the admitted limits of these works projects, by practicing the rainy weather or transport by damaging times circulation failure indicators set by the competent bodies;
  

(c) the needs of forest damage) vânătoresti, of fish, of imprejmuirilor, barriers or other similar works, located in the national forest fund;
  

d) alleviation of deterioration of work or degraded lands of torentilor from national forest fund forest vegetation and from outside;
  

(e) Land Fund) flooding the national forest or with forestry vegetation outside of that Fund by building without law, dams, thresholds or the like on beds of streams or the valleys outside the forest fund or to its limit;
  

f) use in the works of afforestation of other reproductive material than those grown from seed reserves, seed orchards and plantations of seedlings and mother of stands-the source of seeds inscribed in the national catalogue of reproductive material admitted into the culture, without the approval of the Central Government authority that is responsible for forestry;
  

g) damage, removing from the roots or the lifting of cioturilor Woods intended for natural regeneration times in what Prosecutor sagging exploits of stubs with a height greater than one-third of their diameter, measured in the upstream;
  

h) setting up or operation of or permanent acquisition volante times of mushrooms and berries, fruits and other products of the forest fund, forest without territorial unit;
  

I) destruction or injury semintisului public prosecutor authorised for use in the operation, beyond the limits permitted by the instructions issued by the central public authority responsible for forestry;
  

j) incompliance with the obligation as the softwood forestry to stumps at cojeasca pine and spruce in its entirety, and at the tree and other softwoods by curelare, as well as the maintenance of the forest and into warehouses, in the range of 1 April-1 October, resinous wood peeling;
  

k) marketing of timber, trees and shrubs, ornamental times trees in winter, without legal documents of provenance or reselling timbers bought by individuals from the forestry units for trebuinte;
  

l) collection or harvesting for the purpose of sale, of the national forestry and forest vegetation from outside, berries, edible mushrooms, forest seeds, medicinal and aromatic plants, resin, Wicker, sprouts of leaves, branches, grass, alfalfa, hummus, cetina, shoots and the like without authorization of forestry units without the consent of the owner and or under conditions other than those authorized, as well as non-compliance with specific technical rules developed by the central public authority responsible for forestry;
  

m) location in the forest owned by the State, roads or decommissioning facilities required for operation of the Prosecutor's mast or bocselor charcoal, without legal approval or in places other than those approved.
  


Article 3


Constitute offenses shall be imposed and forest with fine 800,000 lei lei the following acts: 1,200,000 to nemarcati) tree injury in developing national prosecution service, national forest fund or from forest vegetation outside of this Fund, with the exception of normal technological process-specific vatamarilor or which could not be avoided due to the observance of labour protection rules If instead of unhealthy trees and in their immediate vicinity have not been let trees fit, among those destined for exploitation, marked as such by the forestry staff in the process of implementation;
  

b animal pasuneze its sagging) in national forestry unattended or under conditions other than those provided for by law;
  

c) failure to by the owners or holders legal objectives set in the national forest fund sanitation measures and sanitation objectives related to forests;
  

d non-legal measures) prepared by the bodies empowered to exercise control of the State, the time limits laid down by mutual agreement with the managers or owners of the forest fund forest vegetation of the national park or outside of that Fund;
  

e) refusal to allow persons empowered to verify how to comply with the provisions of the forest regime or the forestry technical regulations and watchdogs, and traffic and transportation for timber harvesting, forest vegetation outside the forest fund;
  

f) bringing the national forest fund or on land with forestry vegetation outside its stone, rubble, corpses of animals, rubbish, waste and the like;
  

g) failure by the owners of private forests to their regeneration work to deadlines and under the conditions prescribed by law, as well as the use of the regeneration zone for other purposes during the period of execution of the works until the door is solid state;
  

h) deleting numbers or marks on the fold of the stubs;
  

I the operation of the exterior) coupons or lots of trees before the time limit laid down in the authorization of exploitation thereof or upon expiry times in eras in which exploitation is forbidden by the technical regulations in force;
  

j) sagging floors, at the expiry of the permit, of the netaiati trees destined for exploitation, trees cut and Timber Sub-loan times of sagging timber valleys or along washes, and transportation;
  

k) nestrangerea or necuratarea remains of mining in prosecutors ' offices assigned to the operating timetable towards and under the conditions laid down in the regulations.
  


Article 4 Constitute offenses shall be imposed and forest with fine from 600,000 to 1,000,000 lei lei the following acts: a) operation stone, gravel, sand, Earth, soil, grass or furrows in the others too, by whatever means, from the national forest fund lands, without the approval of forestry units or legal holder of such land;
  

b) national forest fund circulation and on land with forestry vegetation outside of the motor vehicle or animal-drawn vehicles, traffic signs, and parking in places other than those marked;
  

c) installation in the forest of public property of the State tents, tonete or similar in other places than those approved and marked by the forest;
  

d) installing beehives in the forest owned by the State, without legal approval, or their location in other places and under conditions other than those approved;
  

It's flowing waters washing) or the national forest fund standing or located on land with forestry vegetation outside its domestic animals, motor vehicles of any kind or other polluting objects.
  


Article 5 shall constitute offenses shall be imposed and forest with fine from 600,000 to 800,000 lei lei the following acts: (a) participating in the actions of) extinguishing the fire of those who carry out activities in areas where fires were unleashed on the vegetation of forest national forestry or outside it;
  

b) removal from the roots or the national forest fund raising and forest vegetation from the land with its outside, without the approval of forestry bodies or legal holders of those lands, of populated places in not intended for natural regeneration, coloring or scrap of exploitation;
  

c) forestry circulation of persons in public property of the State, through the forbidden places, set and marked by the forest through visible signs installed at places;
  

d) throwing or sagging within or at the forest edge packaging and household or the like;
  

e) bringing and keeping on hearths of apiary, Forestry Fund awarded in public property of the State, of domestic animals and poultry.
  


Article 6 minimum and maximum Limits of the fines referred to in article 1. 1-5 doubles in case of offences committed in the forest and forest vegetation in forests with special functions, defined under art. 20 paragraph 1. and (b). the Act No.) 26/1996 on forest code, as well as those committed by the owners of forests or forest personnel involved in guarding and protection of forest land with vegetation of forest outside the national forest fund.


Article 7 penalty of fine contraventionale can be applied and for legal persons, the minimum and maximum limits of the fines thus increasing their holding from 5 times.


Article 8 (1) Contraventiile forest. 1-5 are found for p, brigadierii, heads of forestry districts, foresters, engineers and technicians from the Ministry of waters, forests and environment protection, national forest, forestry inspectorates and other subunits as well as forestry, other employees empowered the Ministry of waters, forests and environmental protection and the Director of the National forests.
  

(2) it is also referred to in article contraventiile. 1-5, except as provided in article 13. 1 (1). (1) (a). e) f)), m), u) and v), at art. 2(a) f), (g))) and (j)) and art. 3 (a). a), c), (d)),),),),), j) and (k)), it is noticed by the mayors or, where appropriate, of their imputernicitii and law enforcement officers and police officers within the Police, by border police, and staff empowered within the National Guard, and the environment. 1 (1). (1) (a). k) and l), at art. 2(a) the art of) and. 5 letter the staff), and the General Inspectorate for Emergency Situations and the County inspectorates for emergency situations.
  

— — — — — — — — — — —-. (2) of article 9. 8 was amended by section 1 of article. II of law No. 210 of 2 July 2007, published in MONITORUL OFICIAL nr. 485 of 19 July 2007.
(2 ^ 1) Referred to in article Contraventiile. 1 (1). (1) (a). c), (d)), g), (h)),),),),),),),) and v), at art. 2(a) a), c) and (k)), at art. 3 (a). b) and j), at art. 4 and 5 are found and the Romanian Gendarmerie.
— — — — — — — — — — —-. (2 ^ 1), art. 8 was introduced by section 2 of art. II of law No. 210 of 2 July 2007, published in MONITORUL OFICIAL nr. 485 of 19 July 2007.

(3) the claim Agent submits the report of findings from the forest administration in whose territorial RADIUS was committed contraventia, within 5 days from the date of its finding, for the purpose of calculation of damage and the establishment of the fine.
  

(4) the minutes of the contraventiei it makes mention of the goods subject to confiscation, under art. 12(3). (1) and (2).
  

(5) the fines collected shall be made to the State budget income for the Fund for the improvement of the Land Fund, managed by the Ministry of waters, forests and environmental protection, to local budgets or, where appropriate, associations with legal personality established according to the law, which manages forestry respectively.
  


Article 9 Organ, accompanied by a police officer or a Constable, take measures and inventory, to places where they are located, the resulting materials through fulfillment of forestry contraventiei.


Article 10 (1) the application of sanctions, shall be as follows: (a) the amount of the fine and damages) shall be determined by resolution of the Director oneşti in whose territorial RADIUS was committed contraventia, upon the proposal of the body is discovered;
  

b) where the contravention and the ruling establishment were made by the head of oneşti, penalty of fine applies hierarchically superior forest unit leader.
  

(2) within 15 days from the date of receipt of the procesuluiverbal forestry contraventiei send the offender a copy of this notice and payment within 30 days of the fine and damages for the damage produced.
  


Article 11 in the case of offences for which the law stipulates a fine or sanction and prison offence if oneşti boss appreciates that the penalty of fine is not plentiful, proceed according to the provisions of article 3. 10 of law No. 61/1991 *) to sanction infringements of the deeds of certain rules of coexistence, social order and peace.
— — — — — — — — — — — — — — *) Law No. 61/1991 was republished in the Official Gazette nr. 387 of 18 august 2000.


Article 12 (1) shall be subject to confiscation of his assets or products resulting from savarsirii scene contraventionale, if they are not returned to the natural or legal person affected.
  

(2) goods subject to confiscation shall be reserved.
  


Article 13


The average price of a cubic metre of timber, on the basis of which shall be determined according to the law, the amount of compensation for damage offenses, is established by the Ministry of waters, forests and environment protection.


Article 14 (1) Against the minutes of contraventiei enforcement and contempt sanctions may make complaint within 15 days from the date of its communication. Part vatamata only complaint may be made in terms of compensation, and which belong to them the goods seized, other than contempt, but in terms of the confiscation measure.
  

(2) the complaint shall be filed for record-keeping at Sandpiper in whose area the contraventia have been found, and it draws together with all documentation, within five days following the submission, to the settlement, the competent court. Complaint and other documents of the procedure relating to settlement are exempt from stamp duty.
  

(3) the filing of the complaint contraventionale suspend the execution of sanctions.
  

(4) the Court may For special reasons grant a period of payment of a fine of not more than thirty days, or may order the payment in instalments within a period not exceeding 3 months.
  

(5) judgment of the Court shall be final and enforceable.
  


Article 15 the infringer is required to provide evidence of oneşti has paid the fine within the time limit established in the minutes or set by the Court and to pay compensation for damage caused by the infringement.


Article 16 If the fine applied for contraventiile. 1 that resulted from the application of article 81(3). 6 have not been paid within 30 days of the final sanction of staying, the forest administration to inform the Court in accordance with the provisions of art. 16 of law No. 61/1991, with a view to transforming the offence in prison and fine of recovery on the way of compensation for damage produced.


Article 17 in exercising the functions of service relating to the guard and Defense Fund of the national forest, as well as in the work of finding and sanction of forest offences referred to in article forestry staff. 8 para. (1) shall be treated in the staff meets involving the exercise functions of State authority.


Article 18 duties of service Violation by the forest staff, where appropriate, attracts liability, disciplinary, material or criminal offence according to the law.


Article 19 Misdemeanors. 2-5 are applicable to them and the provisions of law No. 32/68 *) relating to the establishment and sanctioning offences.
— — — — — — — — — — — — *) Law No. 32/1968 was abrogated by para. (2) of article 9. ORDINANCE No. 51 from 2 of 12 July 2001, published in MONITORUL OFICIAL nr. 410 of 25 July 2001.


Article 20 the limits of fines referred to in this law contraventionale shall update, where appropriate, by the Government.


Article 21 this Act shall enter into force 30 days after the date of its publication in the Official Gazette of Romania, part I.


Article 22 On the entry into force of this law shall repeal the provisions of art. 9, art. 35-39 and annex 4. 2 of law No. 2/1987 concerning the conservation, protection and development of forests, their rational economic exploitation and maintenance of ecological balance, as published in the Official Gazette, part I, no. 52 of 9 November 1987, as well as any other provisions to the contrary.
This law was adopted by the Chamber of Deputies and Senate in session from 8 March 2000 commune, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, VASILE LUPU, PRESIDENT of the SENATE MIRCEA IONESCU-QUINTUS-----