LEGE no. 12 12 of 14 May 1968 on the defence, conservation and use of agricultural land
ISSUER
GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 63 63 of 14 May 1968
EXPLANATORY MEMORANDUM The Earth is a series of branches of the national economy and first of all in agriculture, the most important means of production. The limited extent of the agricultural land and especially the arable land requires its rational and complete use. Although achievements were obtained on the line of valorization in agricultural production of large areas of land used uneconomically, however, it is found that annually remains some surfaces, especially arable, uncultivated, and on other lands, in the area quite large, does not apply the entire complex of agri-technical measures indicated. In particular, there are numerous cases of waste of agricultural land. The legal provisions on agricultural land and especially arable ones have proved insufficient and partially exceeded. Although a unified regulation of the entire land fund in the Socialist Republic of Romania is necessary through a code thereof, until its elaboration it urgently presents a regulation to ensure effective measures to protect and increase the area agricultural land. To this end, the Law on Defence, Conservation and Use of Agricultural Land was adopted. The intensive and multilateral development of our socialist agriculture requires-besides the huge effort that the state submits in the development of its technical-material base-and a continuous effort to increase and use the surface as efficiently as possible agricultural and especially arable, in which purpose a series of regulations were provided in the law. Thus, besides the general prohibition of shrinking and changing the destination of agricultural land by using them for purposes other than vegetable agricultural production, it was stipulated the obligation for all land owners to work and cultivate the whole the area that possesses, according to the agro-technical rules, as well as to identify and cultivate all the land used uneconomically, as they are: the lands affected by erosion, salinized, sands, those with excess humidity, scrub, maracinises, stands of stands that do not have protective roles or forest production, unnecessary operating roads and others, to increase the agricultural area. In connection with the use of agricultural land, it is mentioned that annually the important areas for factory construction, plants, roads, dwellings, warehouses, parks, etc. are removed from the agricultural circuit, changing their destination permanently or temporarily. Vegetable farming. Most of the time, for these objectives land is taken from the best for agriculture, arable land or those on which investments have been made to intensify agricultural production (land improvement works, living plantations). and trees, etc.), flat fields that do not require special facilities and which allow, in this way, designers, to give easier and cheaper constructive solutions for that sector, without however taking into account agricultural production that does not He still performs on those lands Therefore, it is necessary that the location of industrial, agrootechnical and social-cultural objectives should be done, as a rule, on land located in the built perimeter of the towns or hearth of villages, as well as on land unsuitable for agricultural production, and the use of agricultural land for purposes other than vegetable agricultural production may be made only in exceptional cases, with the prior approval of the Council of State and of the Council of Ministers. In the amount of investment works for which agricultural land is used must also include the value of the land, including the expenses made for the intensification of agricultural production This measure is necessary, because agriculture must recover the lack of production on land used for purposes other than vegetable agricultural production, by additional investments, or for the intensification of production on other land, or for the plant production of other land (swamps, flooded lands and others). Measures were also provided for the removal of agricultural land waste and the return to agricultural production of land whose destination was temporarily changed. At the same time, it was stipulated that within 6 months the Higher Council of Agriculture and the State Committee for Construction, Architecture and Systematization, together with the ministries and other central bodies of the state administration concerned, to review the normatives on the distances of protection or safety of various industrial objectives, communication paths, water sources and the like, so that they are reduced to the bare essentials. It was also stipulated that, at the same time, the rules on the delimitation of the sats and the buildable perimeter of the cities should be reviewed in order to stem the unjustified tendency to extend them on land. agricultural and especially sustainable. Measures were provided for changing the agricultural use category, as well as tasks for the Higher Agriculture Council to organize the introduction of land cadastre and measures to save and use agricultural land rationally by works of organization of the territory. In order to ensure the effective application of the provisions of the law, contravention and criminal sanctions were provided. The land, the main means of agricultural production, is a national good that is closely linked to the increase of the national wealth and the welfare of all the people. Defense, preservation, improvement and complete and efficient use of the earth constitute a high patriotic duty for all state, cooperative and public bodies and organizations, for all citizens of the country. The degradation of the earth and its evading from the main destination-agricultural production-bring great damage to the national economy and damage the future development of the country. For the purpose of defending, preserving and rational use of the earth, as well as increasing its productive potential, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Article 1 The reduction of the area of agricultural land-arable, planted with trees, vines and fruit shrubs, pastures and natural finesse-as well as changing their destination for purposes other than vegetable agricultural production are prohibited, apart from the cases provided in this Law. + Article 2 Owners, with any title, of agricultural land, are obliged to work and cultivate the entire land area that possesses, in compliance with the agro-technical rules, and to ensure the conservation and improvement of land through works of land improvements and soil fertilization. + Article 3 In order to increase the agricultural area, especially the arable area, land owners are obliged to identify and cultivate all their own land used uneconomically, as they are: land affected by erosion, salinized, sands, those with excess of moisture, tufuses, maracinises, pilcuses of stands that do not have a role of protection or forest production, unnecessary exploitation roads, those in the premises of socialist organizations and other similar lands. Non-agricultural socialist state organizations, which cannot ensure the agricultural production of land that possesses, are obliged to hand them to cultivation, without payment, to neighboring socialist agricultural organizations. + Article 4 The location of industrial, agrootechnical and social-cultural objectives will be done, as a rule, on land located in the buildable perimeter of cities or in the hearth of villages, as well as on land unsuitable for agricultural production. + Article 5 The occupation and use, definitively or temporarily, of agricultural land located outside the sats or the buildable perimeter of the cities, for purposes other than vegetable agricultural production, can only be done exceptionally and only on the basis of prior approval, given by: -The State Council, for arable land, tree and vine plantations, as well as for land on which land improvement works were carried out; -Council of Ministers, for the other agricultural land. By way of derogation from the provisions of the previous paragraph, the use by agricultural cooperatives of own land production, for purposes other than vegetable agricultural production, shall be done only with the prior approval of the Superior Council of Agriculture, on the proposal of the National Union of Agricultural Cooperatives of Production. If the land referred to in Article 4 is agricultural, the change of their destination shall be approved by the Superior Council of Agriculture. The agricultural land to which the destination is temporarily changed to be used for the works of geological and geophysical prospections, drilling of any kind and the works strictly related to them, is approved, at the beginning of the year, the bodies referred to in paragraph 1 of this Article, estimated, on surfaces and areas. Within the limits of approved areas, their delimitation is made by the Higher Council of Agriculture. + Article 6 The beneficiaries of investment or production works that are executed on agricultural land will include in the value of the respective works and the value of the land, under the conditions established by the decision of the Council of Ministers. + Article 7 It is forbidden to occupy and change the destination of agricultural land before obtaining legal approval, as well as to fill larger areas or to place works on land other than those approved. + Article 8 Socialist organizations owner of agricultural land temporarily removed from agricultural agricultural production are obliged, at the expiry of the term for which the change of destination was approved, to restore these lands in the state of being used in agricultural production. For this purpose, they will abolish all works that would prevent their use, such as loan pits, foundations, constructions and the like. + Article 9 Beneficiaries of investment or production works for whose realization it is necessary to permanently or temporarily change the destination of agricultural land are obliged to take measures, still in the elaboration phase of technical documentation, to restrict to the essentials the occupation of these lands. The Superior Council of Agriculture and the State Committee on Construction, Architecture and Systematization, together with the ministries and other central bodies of the State Administration concerned, will review, within 6 months from the date of this laws, rules on the construction of industrial, agricultural, social-cultural objectives, communication routes, water sources, including those on protection or safety distances, as well as any other normative regarding the use of land, reducing the areas of land affected by these works. The normatives thus revised and unified will be submitted for approval to the Council of Ministers. + Article 10 The location of the telecommunication lines will be done along and in close proximity to the communications paths. The transmission and distribution lines of electricity, as well as other similar installations will be amplified, as a rule, along and in close proximity to the communication paths, embankments and irrigation and dissecting channels, in such a way that they do not. degrade the crops and not stinjen the agricultural works. The location of telecommunication, transmission and distribution lines of electricity under conditions other than those provided for in the preceding paragraphs shall be made only after obtaining approval for the occupation and use of the right agricultural land Article 5 of this Law. For damages caused by the location of the works provided for in the previous paragraphs, the owners of the land will be compensated by the investment beneficiaries or by the executors of the works, as the case may + Article 11 The Local Government Issues Committee, together with the State Committee on Construction, Architecture and Systematization and the Superior Council of Agriculture, within one year from the date of this law, will review and finalize the delimitation the sats and the buildable perimeter of the cities, in order to concentrate the localities and avoid the waste of agricultural land. Until the completion of the works provided for in the previous paragraph, the construction and rebuilding of residential and household buildings are allowed only within the current limit of the sats and the buildable perimeter of the cities. The executive committees of the popular councils are obliged to take measures to demolish any constructions that will be executed, contrary to the provisions of the present law, outside the sats or the buildable perimeter of the cities, as well as sanction of the guilty. + Article 12 The change of the category of use of agricultural land, regardless of the owner, in another category of agricultural use, can be made only on the basis of prior approval given by: -Higher Council of Agriculture, for land owned by socialist organizations. For the land of agricultural production cooperatives, the change of the category of use is made with the consultation of the National Union of Agricultural Cooperatives of Production; -county agricultural directions, for land property of individuals. + Article 13 As part of the territory's organizing work, the Higher Agriculture Council, together with the other central stakeholders and the executive committees of the popular councils, will take steps to place and use rational the agricultural use category, for the correction and relocation of the network of communal and operating roads, the correction of the courses of some waters, the protection and improvement of the soil, the taking in the crop of poorly productive or unproductive land such as sands, salinized ones or with excess humidity and the like. It is forbidden to complete the creation of paths or roads through crops and tree-wine plantations. + Article 14 For the identification of land and owners, the provision of evidence and control of rational land use, the Higher Council of Agriculture will organize the introduction of the land cadastre. The land cadastre is drawn up on communes, cities and municipalities and is held at the county agricultural direction, through specialized units that will be organized for this purpose. Socialist organizations will keep, in accordance with the principles of organization of the land cadastre established by the instructions of the Higher Council of Agriculture, an own record of the land they own. + Article 15 Occupation of agricultural land, decrease of agricultural areas, change of the category of use of agricultural land, without legal approval, construction of housing and household annexes outside the sats and buildable perimeter of the cities, as well as other facts that will be established by the Higher Council of Agriculture, constitute contraventions and are sanctioned as follows: -socialist organizations, with a fine of 5000 to 50000 lei; -individuals, with a fine of 500 to 10000 lei. The fines set for the socialist organizations will be imputed by them to the persons guilty of causing the damage. With the same fine is sanctioned, in the first year, the owners of uncultivated arable land, vineyards and unmaintained orchards, as well as natural pastures and finesse on which no care works were carried out, according to the agro-technical rules, found as such by the state agricultural bodies. If the situation provided for in the previous paragraph is maintained and the following year, on the proposal of the agricultural directorates, the respective lands will be temporarily awarded by the executive committees of the county folk councils in use Socialist agricultural organizations that can ensure their production. The restitution of these lands in use to those who possessed them is made, at their request, by the same organs, under the conditions established by the Higher Council of Agriculture. Against the measures applied according to the previous paragraph, an appeal can be appealed to the Higher Council of + Article 16 Destruction, degradation or non-use of works of land improvements, crops, vineyards, orchards, pastures and finesse, or preventing the taking of conservation measures or rescuing such goods, as well as the removal of the measures, taken, are punishable according to Occupation of agricultural land, decrease of agricultural area and change of the category of use of agricultural land, without legal approval, construction of housing and household annexes outside the sats and buildable perimeter of the cities, repeatedly enjoyed, are punishable by correctional imprisonment from one month to one year. + Article 17 Any provisions contrary to this law shall be repealed. This law was voted on by the Grand National Assembly on May 14, 1968, meeting the unanimity of the votes of the 382 deputies present at the meeting. President of the Great National Assembly, STEFAN VOITEC Bucharest, May 14, 1968. No. 12. According to the provisions of art. 57 of the Constitution of the Socialist Republic Romania, we sign this law. President of the State Council, NICOLAE CEAUSESCU --------------
