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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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LEGE no. 31 31 of 3 April 2000 (* updated *) on the establishment and sanctioning of forest contraventions ((updated until 22 July 2007 *)
ISSUER PARLIAMENT




--------------- *) The initial text was published in the OFFICIAL GAZETTE no. 144 144 of 6 April 2000. This is the updated form of S.C. "" Territorial Center of Electronic Computing " S.A. Piatra Neamt until July 22, 2007, with the modifications and additions made by LAW no. 210 210 of 2 July 2007 . The Romanian Parliament adopts this law + Article 1 (1) It constitutes forest contraventions and is sanctioned with imprisonment from 2 months to 6 months or with a fine from 10,000,000 lei to 30,000,000 lei the following facts: a) the occupation of areas from the national forest fund larger than those legally approved, the location of works on other lands of this fund than those approved or the non-collection of land from the national forest fund, temporarily used in other purposes other than forestry, at the time limit set by the act of approval and in the state of afforestation; b) reduction of the area of the national forest fund or land with forest vegetation outside this fund, under conditions other than those provided by law, including by slow grubbing; c) cutting, tearing or removing from the roots, without right, of trees, seedlings or shoots, with or without lifting them from the national forest fund or from the fields with forest vegetation outside it, if the value of the damage, established according to the law, it is up to 5 times the average price of one cubic meter of wood mass per foot; d) evading or appropriation, without right, of trees downed or broken by natural phenomena or trees, seedlings, shoots, which have been cut or removed from the roots, with or without right, by other persons, from the national forest fund or from land with forest vegetation outside it, if the value of the damage, established according to the law, is up to 5 times the average price of one cubic meter of wood mass per foot; e) exceeding the maximum volume of wood mass, approved annually for harvesting by Government decision, within the limits of the possibility established by forestry facilities; f) non-compliance with the provisions of forestry, approved under the law; g) destruction or injury of trees, seedlings or shoots, by grazing in the national forest fund or on land with forest vegetation outside it; h) grazing of domestic animals on land in the national forest fund, as well as their passage through forests or grazing on land with forest vegetation outside the forest fund, without legal approval or contrary to its provisions; i) cutting of the tree under the optimal ages established on the basis of scientific studies and research and provided for in the technical norms for the arrangement of forests; j) cutting, tearing or removal from the roots, by the owners of private property forests or by land holders with forest vegetation outside the national forest fund, by trees not marked by authorized forestry personnel; k) the challenge of fires by various means in forests or in forest vegetation outside the national forest fund; l) violation of the legal provisions for the prevention and extinguishing of fires in the national forest fund and in the areas bordering it, as well as in the forest vegetation outside this fund; m) the modification, without legal approval, of the provisions of the forestry arrangements in force, if no legal consequences are produced by this; n) cutting or appropriation, without right, of ornamental trees or winter trees in the state or private property forests or on land with forest vegetation outside the national forest fund or the sale or transport of them without being accompanied by legal documents of origin; o) non-payment of the effects of the forest protection functions, established under the law; p) transport of wood materials or other products specific to the forest fund, with any means of transport, without legal documents of origin, or refusal of the driver of the means of car or hypo transport to transport the material uploaded to the place indicated by the finding agent or to stop at its signal or to present, on request, the documents of origin. The penalty shall apply to the driver of the means of transport; r) the use of other models of documents accompanying wood materials during transport than those established according to the legal regulations; s) receipt of wood materials to be loaded and transported by any means of transport, without being accompanied by legal documents of origin; s,) operation without authorization of the wood round processing facilities in lumber; t) the reception of round wood at the processing plants in timber or its processing in timber without legal documents of origin; t,) discharge into the national forest fund or on land with forest vegetation outside it of industrial residues, oil tankers or results from the processing of wood, chemical substances, saltwater and the like; u) destruction or injury, by pollution, of forests or forest vegetation outside the national forest fund; v) the use of technological processes for harvesting and removing wood from forests, which produce the degradation of the soil and the banks of the waters, the destruction or injury of the usable tribe and the unintended trees of exploitation, above the limits allowed by the instructions issued by the central public authority responsible for forestry; x) the day-to-day smoothing by the holders of the round wood processing facilities in timber of the record of the wood quantities received for processing, according to the regulations in force. (2) Provisions of para. (1) shall also apply to privately owned forest land. + Article 2 It constitutes forest contraventions and is sanctioned with a fine of 1,200,000 lei to 2,000,000 lei the following facts: a) the throwing of cigarettes, matches or other objects lit in forests or other lands in the national forest fund or the lighting of fire in forests at a distance of less than 100 m from their limit, in places other than those specially designed and marked; b) damage by any means of forest roads or their related works, including by using machines with tonnage or gauge above the limits allowed by the projects of these works, by practicing transport in time rainy or by deterioration or non-compliance with traffic signs located by the competent bodies; c) damage to forestry, hunting, fishing in mountain waters, fencing, barriers or other similar works, located in the national forest fund; d) deterioration of degraded land improvement works or correction of torrents from the national forest fund and forest vegetation outside it; e) flooding of land from the national forest fund or those with forest vegetation outside this fund, by building, without right, dams, thresholds or the like on the beds of the streams or valleys located outside the forest fund or at its limit; f) the use in the afforestation works of other reproductive materials than those from seed reserves, plantings and plantations-mother of cuttings and from the seed tree, inscribed in the national catalogue of reproductive materials admitted to culture without the approval of the central public authority responsible for forestry; g) damage, removal from the roots or removal from the forests of the stubs intended for natural regeneration or leaving in the parquet that is exploited by stubs with a height of more than one third of their diameter, measured at the upstream side; h) establishment or operation of centers or permanent or permanent points of purchase of mushrooms and berries, as well as other products specific to the forest fund, without the opinion of the territorial forestry unit; i) the destruction or injury of the seminary usable in the authorized offices of exploitation, beyond the limits permitted by the instructions issued by the central public authority responsible for forestry; j) failure to fulfil the obligation as to the exploitation of softwood forests to peel the stubs to the pine and spruce entirely, and to the fir and the other resinous by belt, as well as the maintenance in the forest and in the warehouses, in the range of April 1-1 October, of unripe resinous wood; k) marketing of wood material, trees or ornamental shrubs and winter trees, without legal documents of origin or resale of wood material bought by individuals from forestry units for their own needs; l) collection or harvesting for the purpose of marketing, from the national forest fund and from the forest vegetation outside it, of berries, edible mushrooms, forest seeds, medicinal and aromatic plants, resin, wicker branches, leaves, branches, humus, grass, alfalfa, cetina, buds and the like, without the authorization of forestry units or without the consent of the owner and under conditions other than those authorized, and non-compliance with the specific technical rules, developed by the central public authority responsible for forestry; m) location in the forest fund public property of the state of construction, removal roads or passenger installations necessary for the exploitation of prosecutors or caressing boots, without legal approval or in places other than those approved. + Article 3 It constitutes forest contraventions and is sanctioned with a fine of 800,000 lei to 1,200,000 lei the following facts: a) the injury of unmarked trees in the operating offices, from the national forest fund or from the forest vegetation outside this fund, except for normal injuries specific to the technological process or which could not be avoided due to compliance with labour protection rules, if in place of injured trees and in their immediate vicinity were not left suitable trees, among those intended for exploitation, marked as such by forestry personnel in the process of Value for money b) leaving animals to graze in the national forest fund unattended or under conditions other than those provided by law; c) failure by the owners or holders of legal objectives located in the national forest fund of the measures of sanitation and hygiene of the forests related to the objectives; d) failure to comply with the legal measures, ordered by the authorized bodies to exercise the state forestry control, within the deadlines agreed with the administrators or with the owners of the national forest fund or of the forest vegetation outside this fund; e) refusal to allow persons empowered to verify the compliance with the provisions of the forestry regime or of the forestry and security technical norms, as well as of movement and transport for the harvested wood material, in the vegetation forestry outside the national forest fund; f) bringing or storage in the national forest fund or on land with forest vegetation outside it of stone, rubble, animal bodies, garbage, waste and the like; g) non-execution by private forest owners of their regeneration works within the time limits and under the conditions provided by law, as well as the use of the regeneration area for other purposes during the execution of the works until the closure state of mass; h) the erasure of marks or numbers on trees or on the stubs; i) the exploitation of parquets, coupons or lots of trees before the term provided for in the exploitation authorization or after its expiration or in the epochs in which the exploitation is prohibited by the technical norms in force; j) leaving in the parquet, at the expiry of the term provided for in the authorization of exploitation, of uncut trees between those intended for exploitation, of felled trees and of wood material capitalizing or leaving of wood material on the valleys or along the installations to remove, close and transport; k) non-compliance or non-compliance of the operating debris in the prosecutor's offices assigned to exploitation, at the deadlines and under the conditions provided by the legal norms. + Article 4 It constitutes forest contraventions and is sanctioned with a fine of 600,000 lei to 1,000,000 lei the following facts: a) the exploitation of stone, gravel, sand, earth, soil, grass furrows or other such, by any means, from land in the national forest fund, without the approval of the forestry units or the legal holder of these land; b) circulation in the national forest fund and on land with forest vegetation outside it with vehicles or vehicles towed by animals, non-compliance with traffic signs, as well as parking in places other than those marked; c) installation in the forest fund public property of the state of tents, tonettes or the like in places other than those approved and marked by the forestry bodies; d) the installation of hives in the publicly owned forest fund of the state, without legal approval, or their location in other places and under conditions other than those approved; e) washing in the flowing or standing waters of the national forest fund or in the waters located on the fields with forest vegetation outside it of domestic animals, motor vehicles of any kind or other polluting objects. + Article 5 It constitutes forest contraventions and is sanctioned with a fine of 600,000 lei to 800,000 lei the following facts: a) non-participation in the fire extinguishing actions of those who carry out activities in the areas where fires were started on forest vegetation from the national forest fund or outside it; b) removal from the roots or erection from the national forest fund and from the fields with forest vegetation outside it, without the approval of the forestry bodies or legal holders of those lands, of stubs not intended natural regeneration, crates or operating debris; c) movement of persons in the public property forest fund of the state, through prohibited places, established and marked by forestry bodies by signs installed at visible places; d) throwing or leaving inside the forest for packaging and household scraps or the like; e) bringing and maintenance on the hives, attributed in the forest fund public property of the state, of domestic animals and birds. + Article 6 Minimum and maximum limits of fines provided for in art. 1-5 doubles in the case of forest contraventions committed in forests and forest vegetation with special protection functions, thus defined according to art. 20 20 para. 1 lit. a) of Law no. 26/1996 on the Forest Code, as well as in the case of those committed by forest owners or forestry personnel with duties to guard and protect forests or land with forest vegetation outside the national forest fund. + Article 7 The sanction of the contravention fine can also be applied to legal entities, the minimum and maximum limits of fines increasing by 5 times. + Article 8 (1) The forestry contraventions provided in art. 1-5 are found by the rangers, brigadiers, forest district chiefs, engineers and forestry technicians of the Ministry of Water, Forestry and Environmental Protection, National Forest Regia, territorial and other forestry inspectorates. forestry subunits, as well as other employees empowered by the Ministry of Water, Forestry and Environmental Protection and the National Forest Regia. (2) Also, the contraventions provided in art. 1-5, except for those provided in art. 1 1 para. ((1) lit. e), f), i), m), u) and v), in art. 2 lit. f), g), i) and j) and art. 3 lit. a), c), d), e), g), h), i), j) and k), shall also be found by the mayors or, as the case may be, their power of attorney and the police officers and agents of the Romanian Police, by the border guards, as well as by the personnel empowered from the framework of the National Environmental Guard, and those provided in art. 1 1 para. ((1) lit. k) and l), at art. 2 lit. a) and art. 5 lit. a), and the staff of the General Inspectorate for Emergency Situations and the county emergency inspectorates. ------------ Alin. ((2) of art. 8 8 has been amended by section 1 1 of art. II of LAW no. 210 210 of 2 July 2007 , published in MONITORUL OFFICIAL no. 485 485 of 19 July 2007. (2 ^ 1) Contraventions provided in art. 1 1 para. ((1) lit. c), d), g), h), j), p), r), s), s), t), u) and v), in art. 2 lit. a), c) and k), in art. 3 lit. b) and j), in art. 4 and 5 are also found by the staff of the Romanian Gendarmerie. ------------ Alin. (2 ^ 1) of art. 8 8 has been introduced by section 2 2 of art. II of LAW no. 210 210 of 2 July 2007 , published in MONITORUL OFFICIAL no. 485 485 of 19 July 2007. (3) The finding agent submits the minutes of finding to the forest detour in whose territorial area the contravention was committed, within 5 days from the date of the finding, in order to calculate the damage and establish the fine. (4) In the minutes of finding the contravention, mention is made about the goods subject to confiscation, according to art. 12 12 para. ((1) and (2). (5) The fines collected are made to the state budget for the Land Fund Improvement Fund, managed by the Ministry of Water, Forestry and Environmental Protection, to local budgets or, as the case may be, to associations with legal personality under the law, which manages the respective forest fund. + Article 9 The forestry body, accompanied by a policeman or a gendarme, takes identification and inventory measures, at the places where they are located, of the materials resulting from the commission of the forest contravention. + Article 10 (. The application of the sanction shall be as follows: a) the fine and the value of the damage shall be established by the resolution of the head of the forest district in whose territorial area the contravention was committed, at the proposal of the finding body; b) if the finding of the contravention and the establishment of the damage were done by the head of the forestry detour, the penalty of the fine is applied by the head of the superior hierarchical unit. (2) Within 15 days from the date of receipt of the minutes of finding the contravention the forest detour shall send the offender a copy of it and the notice of payment within a maximum of 30 days of the fine and of the compensation for damage caused. + Article 11 In the case of contraventions for which the law also provides for the sanction with fine or contravention imprisonment, if the head of the forestry detour considers that the penalty of the fine is not indestulating, it is done according to the provisions art. 10 10 of Law no. 61/1991 *) for sanctioning acts of violation of certain norms of social coexistence, public order and tranquility. -------------- * *) Law no. 61/1991 was republished in the OFFICIAL GAZETTE no. 387 387 of 18 August 2000. + Article 12 (1) The goods produced or resulting from the commission of the contravention act shall be confiscated, if they are not returned to the injured natural or legal person. (2) Goods subject to confiscation shall be withheld. + Article 13 The average price of one cubic meter of wood mass per foot, on the basis of which is determined, according to the law, the amount of compensation for damages produced by contraventions, is established by the Ministry of Water, Forestry and Environmental Protection. + Article 14 (1) Against the minutes of finding the contravention and the application of the sanction the offender can complain within 15 days from the date of its communication. The injured party can only complain about the compensation, and the one to whom the confiscated property belongs, other than the offender, only in terms of the confiscation measure. (2) The complaint shall be filed for evidence at the forest detour in whose territorial area the contravention was found, and it shall forward it, together with all the documentation, within 5 days from the submission, to the settlement, to the competent judge. The complaint and the other procedural documents relating to its resolution are exempt from stamp duty. (3) The complaint shall suspend the execution of the contravention sanction. (4) For thorough reasons the court may grant a period of payment of the fine of no more than 30 days or may order the instalment of payment within a period of no more than 3 months. (5) The court's judgment is final and enforceable + Article 15 The offender is obliged to present to the forest district the proof that he has paid the fine established within the period provided in the minutes or established by the court and to pay the compensation for the damages caused by contravention. + Article 16 If the fine imposed for the contraventions provided in art. 1 1 and that resulting from the application of Article 6 were not paid within 30 days of the final stay of the sanction, the forest detour notifies the court in accordance with the provisions art. 16 16 of Law no. 61/1991 , in order to transform the fine into contravention imprisonment and civil recovery of compensation for damage caused. + Article 17 In the exercise of their duties on the security and defense of the national forest fund, as well as in the activity of finding and sanctioning the forestry personnel 8 8 para. ((1) is assimilated to staff performing functions involving the exercise of state authority. + Article 18 The violation of the duties by the forestry personnel attracts, as the case may be, disciplinary, material, contravention or criminal liability, according to the law. + Article 19 Contraventions provided for in art. 2-5 are also applicable to the provisions of Law no. 32/1968 * *) on the establishment and sanctioning of contraventions. ------------ * *) Law no. 32/1968 has been repealed by par. ((2) of art. 51 of ORDINANCE no. 2 of 12 July 2001, published in the OFFICIAL GAZETTE no. 410 410 of 25 July 2001. + Article 20 The limits of the contravention fines provided by this law shall be updated, if necessary, by the Government. + Article 21 This law shall enter into force 30 days from the date of its publication in the Official Gazette of Romania, Part I. + Article 22 On the entry into force of this Law, the provisions of art. 9 9, art. 35 35-39 and Annex no. 2 2 of Law no. 2/1987 on the conservation, protection and development of forests, their economic rational exploitation and the maintenance of ecological balance, published in the Official Bulletin, Part I, no. 52 52 of 9 November 1987, as well as any other provisions to the contrary. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 8 March 2000, in compliance with the provisions of art. 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, VASILE LUPU SENATE PRESIDENT MIRCEA IONESCU-QUINTUS -----