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Law No. 3 Of 28 December 1962 On The Forest Code

Original Language Title:  LEGE nr. 3 din 28 decembrie 1962 privind CODUL SILVIC

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LEGE no. 3 3 of 28 December 1962 FORESTRY CODE
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL MONITOR no. 28 28 of 30 December 1962



+ Chapter 1 + Article 1 Forests and land affected by afforestation or that serve the needs of culture, production or administration, forestry, constitute state property and make up the forest fund of the Romanian R.P. They are part of the forest fund those areas provided in the previous paragraph, which are determined as such by forestry facilities. + Article 2 The passage into the forest fund of agricultural land, the removal of land from this fund for the needs of agriculture or in order to execute works necessary for other branches of the national economy, as well as the clearing of forests for this purpose, shall be make only on the basis of the decision of the Council of Ministers. + Article 3 The forest fund is subject to the forestry regime comprising a complex of technical, economic and legal technical norms on the arrangement, culture, exploitation, protection and security of this fund. + Article 4 Land with forest vegetation that are not included in forest facilities, such as: forest plantations for the protection of agricultural land, areas of trees affected protection of pastures and delimited as such, areas of trees affected protection of hydrotechnical works, forest plantations on degraded land located outside the perimeter of forests, tree alignments along irrigation channels, rivers, roads or other communication routes, are subject to certain rules Forestry and security. + Article 5 The Ministry of Forest Economy is responsible for the application of the party and government policy in the field of The Ministry of Forestry also establishes the forestry and security technical rules applicable to land with forest vegetation; coordinates, directs and controls compliance with these rules. + Article 6 The forest fund improves and develops in order to ensure the wood raw material and the other products of the forest, necessary for the national economy, as well as for the performance of protective functions. The clearing of forests, in order to execute some works necessary for the forestry economy, is done with the approval of the Ministry of Forestry Economy. + Article 7 In relation to the functions they perform, the forests are divided into functional groups as follows: a) forests of production and protection, which are intended to produce wood material for the wood processing industry and for other needs of the national economy, as well as to perform a protective role; b) forests with special protective functions, which condition the preservation and development of objectives of economic, social or scientific interest. The framing of forests in functional groups is done by the order of the Ministry of Forestry + Article 8 Forests and land provided for in art. 1, shall be recorded in the forest record, which is drawn up on the basis of forestry facilities. Land with forest vegetation provided in art. 4, is recorded in the records of forest vegetation. The records provided for in the preceding paragraphs shall be organized by the Ministry of Forestry in accordance with the principles underlying the regulation of the land records system and shall be held by the forest fields. + Chapter 2 + Article 9 Forests and land that are part of the forest fund are in the operative administration of state enterprises for the forest economy. Some forests or lands that are part of the forest fund can be given in operative administration or in use to other socialist organizations. Transmission of some of the forests or land belonging to the forest fund under the operative administration of state enterprises for the forest economy, in the operative administration or use of other socialist organizations, or retransmission from them, shall be made only on the basis of a provision of the Council of Ministers. + Article 10 The forests and land belonging to the forest fund managed by the state enterprises for the forest economy are intended to ensure the wood material and other products of the forest necessary to satisfy the general requirements of the national economy. Forests and land belonging to the forest fund under the administration or use of other socialist organizations are intended to satisfy the local needs of public interest. + Article 11 Land with forest vegetation that is not part of the forest fund is administered by their owners or holders. + Chapter 3 + Article 12 The management of forests and land belonging to the forest fund is established by forestry facilities. The forestry arrangements shall be drawn up in relation to the plans for the development of the national economy taking into account the following objectives: a) ensuring continuity of forest production; b) increase of forest fund production and productivity; c) the rational use of forests and the improvement of their protective functions. + Article 13 The forestry facilities shall be drawn up for all forests and land belonging to the forest fund by the specialized bodies of the Ministry of Forestry Economy and approved by the order of the Minister. + Article 14 Forest facilities are reviewed or restored every ten years. + Article 15 In order to increase the production and productivity of the forest fund and to improve the protection functions of forests, it is carried out by socialist organizations that have in operative administration or in use forests and land from the fund forest, the following works of culture: a) regeneration and restoration of existing forests; b) the creation of new forests on land intended to be forested; c) improvement of the inappropriately d) tree care. In the execution of forest culture works will be given priority to the introduction and expansion of fast-growing and high economic value wood species. + Article 16 The wood products of the forest resulting from reclamation cuts are main products; those resulting from the carrying out of care works are secondary products. Wood products of the forest resulting from downing and ruptures of wind or calamities, as well as those resulting from deforestation for power lines, roads, color, plot lines, or other similar lines, are accidental products. Resin, peel, lime free, fruits, mushrooms and others of this kind, which are harvested from forests, are accessory products. + Article 17 The quantities of wood material and other products of the forest that are exploited annually, are those provided for in the state plan. The provisions of the forestry arrangements will be taken into account when establishing these quantities. + Article 18 The exploitation of the main and secondary products is done in accordance with the provisions of the forestry facilities, as well as the rules of culture and exploitation. Incidental products and accessories are exploited and capitalized on the basis of technical instructions given by the Ministry of Forestry Economy. The areas in the forest fund where the operations are carried out, are delimited on the ground by the technical staff of the state enterprises for the forest economy. + Article 19 The products of the forest of any kind shall be exploited under an authorization issued by the bodies of the Ministry of Forestry, drawn up on the basis of the act of valorization, which includes the quantitative, qualitative and value estimation of the products exploits. + Article 20 Trees from the forest fund intended to be cut will be marked in advance with forest hammers. The shape and mode of use of forest hammers, as well as the way of marking trees or lots of trees intended for cutting, is established by the order of the Ministry of Forestry Economy. The pattern of forest hammers is recorded and kept at the state notaries, these operations being exempt from any taxes. + Article 21 The deadlines, modalities and epochs of cutting, removal and transport of wood material from forests, as well as the epochs of harvesting of accessory products shall be established by instructions given by the Ministry of Forestry Economy. + Article 22 Wine from forests and fish from mountain waters are considered products of the forest. The Ministry of Forest Economy organizes the growth and harvesting of the wine in order to ensure a normal effective, which does not bring damage to the forest fund and agricultural land. + Article 23 Socialist organizations that have in operation or use forests and land making part of the forest fund, are obliged to submit to the management norms provided for in this chapter. + Chapter 4 Protection and security of the forest fund and other land with forest vegetation + Article 24 The Ministry of Forestry Economy prepares and publishes every year nominal lists of pests and diseases to be combated. For this purpose, each state enterprise for the forest economy keeps under observation all forests and land with forest vegetation contained within its range of activity, without distinction from who has the operative administration or their use. + Article 25 Measures to prevent and combat forest diseases and pests shall be established by the Ministry of Forestry Economy and shall be carried out by the technical staff of state enterprises for the forest economy. Socialist organizations, which have in operation or use forests or land from the forest fund, are obliged to immediately and effectively support these measures. + Article 26 Prevention and control of diseases and pests that present common danger to forests and agricultural land shall be provided by the Ministry of Forest Economy together with the Higher Council of Agriculture and shall be executed, for forests and land being part of the forest fund by the technical staff provided for in the previous article, and for agricultural land by their owners or holders. + Article 27 Owners or holders of land with forest vegetation provided in art. 4 are obliged to carry out the works to prevent and combat the diseases and pests of this vegetation, established by the Ministry of Forest Economy; it coordinates the prevention and control actions and provides technical support for the execution Their. If the owners or holders of the land referred to in paragraph precedent does not execute in due time the works to prevent and combat pests and diseases, they will be able to be executed by state enterprises for the forest economy, owners or holders of those land being obliged to payment of workmanship and material used. + Article 28 The technical and forestry personnel of the state enterprises for the forestry economy are required to ensure the security of the forest fund under their administration against illegal logging, theft, destruction, degradation, fires, unauthorised grazing and other damaging facts. + Article 29 The guard of forests under the operative administration or use of socialist organizations is made by them. The guard of forest vegetation on land that is not part of the forest fund shall be provided by the owners or their holders. The specialized technical staff of the state enterprises for the forest economy control how to ensure the security of forests and other land with forest vegetation by the organs and organizations provided in the previous paragraphs. + Article 30 The executive committees of the popular advice, the organs of the Ministry of Internal Affairs as well as the road and railway training camps, within the framework of their duties, are required to support the forest guard action and to give the contest in this purpose of forestry organs. + Article 31 State, cooperative and public bodies and organizations, which carry out an activity in the forests, are obliged to take measures to prevent and extinguish fires within their range of activity. Any citizen in or near the forest shall be obliged to contribute effectively to the measures provided for in the preceding paragraph. + Article 32 The location inside the forests or near them, of industrial installations or other such objectives that can cause damage to forests, is done under the conditions provided by the legal norms and only with the prior opinion of the Ministry Forest Economy. + Article 33 Grazing in forests is allowed in the places and under the conditions established by the Ministry of Forestry Economy. It will not be possible to authorize grazing in plantations, in young natural regenerations and in forests that perform special protection function. + Article 34 Socialist organizations and citizens have the patriotic duty to defend and protect forests and forest vegetation, as well as to effectively support the measures initiated for this purpose. + Chapter 5 Circulation of wood materials + Article 35 Wood materials of any kind will be able to be transported from the place of cutting or storage only accompanied by type of provenance. The model of these acts is established by the Ministry of Forestry. For the wood materials that come from the socialist state organizations, the documents of origin are issued by them. For wood materials having a different origin than that from the state socialist organizations, the acts provided in par. 1, shall be issued by the executive committee of the common communal, city council, from the territory of which the material leaves. + Article 36 Wood materials found in the course of transport, not accompanied by the acts provided for in art. 35, will be retained by the competent forestry bodies or by the militia bodies, when necessary, in order to establish their provenance. The heads of the train station and the port captains will retain for the same purpose the wood materials presented for dispatch without documents of origin and will immediately refer the matter to the nearest criminal prosecution body. + Article 37 Wood materials retained according to art. 36 36 para. 1, will be given in custody, according to circumstances, to the nearest forest, to the nearest forestry, or to a socialist organization that has the necessary space for storage and appropriate security. The casing found without documents of origin is obliged to transport the wood materials to the place of surrender in custody. The wood materials retained in the railway stations or in ports remain stored on the ramps, the quays or their sheds and are given in custody to an employee with security duties from the service of the station or port. + Article 38 If the investigation or judgment cannot determine the origin of the retained materials, they will be confiscated according to the corresponding provisions of the criminal law or the normative acts on sanctioning contraventions, and if which has been established, the retained materials will be returned to the owner. If the materials to be returned are retained in a railway station or in a port, the organ that did the research will immediately communicate to the head of the port or the port captain, that he can proceed with their dispatch. + Chapter 6 Offences and contraventions + Article 39 The facts that constitute forestry crimes and the corresponding sanctions are those provided by the criminal law. The facts that constitute the forest contraventions, the sanctions and their application, shall be established by instructions of the Ministry of Forestry, approved by decision of the Council of Ministers. + Article 40 The forestry crimes are found, are followed and are judged according to the provisions of the Code of Criminal Procedure applicable to crimes against the public property, with the derogations and completions of art. 41 41 and art. 42 42 of this Code. + Article 41 Besides the prosecution bodies, they are competent to find forest crimes engineers and technicians with attributions on forestry problems in the Ministry of Forest Economy, those from the regional directions of forest economy and from forest ocoals, as well as brigadiers and forest forest rangers. The competent bodies that find these crimes have the right to retain the objects from criminal acts or those that have been used for their enjoyment. These organs, accompanied by a delegate of the executive committee of the common communal, city or city district, can identify the wood materials from crimes, at the places where the materials are located. In respect of wood materials retained during transport, the provisions of art. 37 37 and 38. + Article 42 The minutes of finding the crimes are sent, in order to calculate the value of the damage, to the forest detour within which the crime was enjoyed. After the calculation, the head of the forest district sends the minutes, together with that calculation, to the competent prosecution body, incunoststretching about it and the organ that concluded the minutes. + Article 43 The value of damages caused by crimes or other wrongdoing is calculated, in terms of trees on the foot, seedlings and shoots, according to the specific criteria established by the decision of the Council of Ministers. In cases when the damage, in terms of trees on the foot, seedlings and shoots, are caused by the employees of the socialist organizations damaged, by acts that do not constitute crimes or contraventions and for which the material liability is regulated according to the labor law, the amounts that can be imputed to these employees are also calculated, according to the specific criteria established by the decision of the Council of Ministers. + Chapter 7 Final provisions + Article 44 In application of the provisions of this code, the Ministry of Forestry Economy is empowered to give forestry technical instructions on the administration, management, protection and security of the forest fund and other land with forest vegetation. + Article 45 The Forest Code of 9 April 1910, Law no. 204 204 of 23 June 1947 to defend the forest heritage, Decree no. 201 201 of 14 May 1953 on the movement of wood products, and any other provisions contrary to the provisions of this Code, shall be repealed. + Article 46 This Code shall enter into force 30 days after its publication in the Official Bulletin of the Grand National Assembly of the Romanian Republic. -----------