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Law No. 597 Of 31 October 2001 Concerning Certain Protection Measures And Authorising Construction In The Coastal Zone Of The Black Sea

Original Language Title:  LEGE nr. 597 din 31 octombrie 2001 privind unele măsuri de protecţie şi autorizare a construcţiilor în zona de coasta a Marii Negre

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LEGE no. 597 597 of 31 October 2001 (* updated *) on some measures to protect and authorise construction in the coastal area of the Black Sea ((updated until 8 May 2014 *)
ISSUER PARLIAMENT




------------ *) The updated form of this normative act until May 8, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: ORDINANCE no. 32 32 of 19 July 2006 ; EMERGENCY ORDINANCE no. 81 81 of 24 June 2009 ; EMERGENCY ORDINANCE no. 38 38 of 13 April 2011 ; EMERGENCY ORDINANCE no. 21 21 of 6 May 2014 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Article 1 In order to protect and preserve the biological, landscape and physical diversity of the coastal area of the Black Sea, on the Romanian territory a temporary building ban area, generated by the coastline, is delimited until the approval general and area urban plans, as follows: a) in the direction of the sea, to the isobata of 2 m; b) in the direction of the land, on a width measured at the horizontal of 300 m. + Article 2 For the purposes of this law, the following terms are defined a) the boundary line resulting from the unification of the points where the water is in contact with the land; b) shore line-natural border of sand, gravel, rocks, rocks, papuris, swamp or wetlands at the seashore, behind the coastline, in the direction of the land or at the base of the cliff; c) shore-area between the coastline and the shore line; d) buffer zone-zone having a horizontal width of 100 m measured from the shore line in the direction of the land. + Article 3 (1) The authorization of the execution of any definitive or provisional constructions within the area delimited according to art. 1. ((2) Authorizations issued in violation of the provisions of par. (1) are null and void. -------- Alin. ((2) of art. 3 3 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 38 38 of 13 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 4 (1) They are exempted from the provisions of art. 3 port areas, military and security areas, delimited according to the legal norms in force, which are subject to specific regulations, repair works of maximum necessity or damage on communication routes and facilities Underground and aerial technical-publishing, works and hydrotechnical constructions established and approved according to the law. ------------ Alin. ((1) art. 4 was amended by the single article of ORDINANCE no. 32 32 of 19 July 2006 , published in MONITORUL OFFICIAL no. 650 650 of 27 July 2006. (2) The constructions and furnishings that are subject to the classification of beaches with tourist destination, according to the normative acts in force, are exempted from the provisions of this law, their construction being authorized according to the law. -------- Alin. ((2) of art. 4 4 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 38 38 of 13 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 5 (1) The local councils of the administrative-territorial units bordering the Romanian Black Sea coast have the obligation, within 180 days from the date of entry into force of this law, to draw up and/or to update the plans general urban planning and zoning plans, according to the legal provisions, which will also include the following elements: a) the coastline; b) shore line; c) shore; d) sea beach; e) seafront sea; f) buffer zone. (2) General urban plans and zoning urban plans, provided in par. (1), will be compulsorily endorsed by the Ministry of Tourism before the debate and their approval by the local councils. + Article 6 In tourist resorts on the seaside and in the area of beaches with tourist destination it is forbidden to carry out the works of construction, preparation, repair, cleaning of buildings, as well as those of repair of streets, sidewalks and facilities underground and aerial technical-publishing, from 15 May to 15 September of each year, except for works carried out under programs and projects financed from non-reimbursable external funds, ongoing works, seasonal works, works requiring urgent intervention and works that are without prejudice tourist activity. ------------ Article 6 was amended by the single article of EMERGENCY ORDINANCE no. 21 21 of 6 May 2014 , published in MONITORUL OFFICIAL no. 339 339 of 8 May 2014. + Article 7 Non-compliance with art 3 and 6 constitute contravention and are sanctioned with a fine of 10,000 lei to 50,000 lei. -------- Article 7 has been amended by section 7. 3 3 of art. I of EMERGENCY ORDINANCE no. 38 38 of 13 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. + Article 8 (1) The finding of contraventions and the application of sanctions shall be made by the control and inspection personnel of the State Construction Inspectorate, subordinated to the Ministry of Regional Development and Tourism. -------- Alin. ((1) of art. 8 8 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 38 38 of 13 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011. ((2) The sanction may also be applied to legal entities. + Article 9 The contraventions provided in this law are applicable to the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions. ----------- NOTE C.T.C.E. S.A. PIATRA-NEAMT: Art. II and III of EMERGENCY ORDINANCE no. 38 38 of 13 April 2011 , published in MONITORUL OFFICIAL no. 290 290 of 26 April 2011 provide for: "" ART. II Permits issued for facilities for leisure, cultural-sports activities that also aim to promote seaside tourism, in compliance with the legal provisions, until the date of entry into force of this emergency ordinance remain valid. ART. III Constructions at any stage of execution after the entry into force of this emergency ordinance, in the area delimited according to the provisions art. 1 1 of Law no. 597/2001 , with subsequent amendments and completions, will be abolished according to the provisions Emergency Ordinance no. 41/2010 on some measures to strengthen the discipline in construction, approved with amendments by Law no. 3/2011 .. " This law was adopted by the Senate at the meeting of June 26, 2001, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of October 2, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU --------------