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Law No. 75 Of 16 January 2002 Modifying And Completing The Order Of The Government. 96/1998 On The Regulation And Administration Of The Forestry Regime National Forest Fund, Republished

Original Language Title:  LEGE nr. 75 din 16 ianuarie 2002 pentru modificarea şi completarea Ordonanţei Guvernului nr. 96/1998 privind reglementarea regimului silvic şi administrarea fondului forestier naţional, republicată

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LEGE no. 75 75 of 16 January 2002 to amend and supplement Government Ordinance no. 96/1998 on the regulation of the forestry regime and administration of the national forest fund,
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 74 74 of 31 January 2002



The Romanian Parliament adopts this law + Article 1 Government Ordinance no. 96 96 of 27 August 1998 on the regulation of the forestry regime and on the administration of the national forest fund, approved Law no. 141/1999 , republished in the Official Gazette of Romania, Part I, no. 23 of 24 January 2000, shall be amended and supplemented as follows: 1. in Article 8, points a), b) and h) of paragraph 1 shall read as follows: "" a) develop forest facilities for the forests they hold, through specialized units, free of charge, authorized for this purpose by the central public authority responsible for forestry. The cost of these works is borne by the owners, in the case of legal entities, and by the administrator, in the case For forests with areas of less than 10 hectares, belonging to individuals, as well as for areas of less than 30 hectares, belonging to cult and educational establishments, shall be drawn up, of specialized units, summary extracts from forestry facilities, the content of which will be specified by the technical rules of arrangement; b) to ensure the protection of forests, in order to prevent illegal logging, destruction or degradation of forest vegetation, abusive grazing, poaching and other criminal or contravention acts. Forest owners referred to in art. 12 12 para. (1) will provide security through the forestry structures of administration, state or private, as the case may be. Failure to provide security through authorized forestry structures attracts contravention liability; .................................................................... h) to execute tree felling only after the enhancement and issuance of specific documents, by the authorized forestry personnel; " 2. In Article 10, paragraphs 2 and 5 shall read as follows: " (2) For the wood mass intended to be exploited the owners or keepers with any forest title shall draw up acts of value, in accordance with the technical rules in force, with the prior inventory of the trees intended for the cutting by Forestry personnel delegated to use the marked forest hammer. .................................................................... (5) The wood material that is transported from the forest has as an accompanying document the sales voucher or the accompanying sheet, being marked, except for the one trimmed in steri meters, with the rectangular mark specific to the economic agent that manages the forest or the person who exploits the wood, as the case may be 3. In Article 12, paragraph 1 shall read as follows: "" Art. 12. -(1) Public property forests, belonging to communes, towns and municipalities, as well as privately owned individuals, belonging to former composers, mosneni and razesi, as well as to persons belonging to other associative forms according to legal provisions or their heirs, are administered by the owners through their own forestry structures, similar to those of the state, or, upon request, through existing state forestry structures, on the basis of contracts agreed between Parts. For the management of forests through the own forestry structures the holders mentioned above employ specialized personnel, authorized under the conditions of this ordinance. " 4. in Article 12, after paragraph 2, paragraphs 3 and 4 are inserted as follows: " (3) In order to ensure the continuity of the sustainable management of forests, the current territorial units and their grouping on the current administrative territorial units are maintained. (4) For the creation of own forestry structures, similar to the state ones, forestry personnel will be hired, through the competition, with the opinion of the owners. " 5. Article 13 shall read as follows: "" Art. 13. -Given the maintenance of administrative and territorial territorial units, the concrete ways of managing forests, the distribution of material resources and financial sources due to individuals and legal for the forests they have in the property, as well as their obligations are regulated by regulation approved by Government decision, at the proposal of the central public authority responsible for forestry, within 60 days. " *) ------------------ Note *) The term flows from the date of publication of the present law in the Official Gazette of Romania, 6. In Article 14, paragraph 1 shall read as follows: "" Art. 14. -(1) The forest owners to whom this section refers can manage their forests belonging to them, on a contractual basis, under the conditions of art. 12 12 para. ((3), through the National Forest Regia. " 7. In Article 14, letter b) of paragraph (2) shall read as follows: " b) the obligations of the National Forest Regia to ensure the protection of forests and to execute the forestry technical works of care, pest control, wood mass value, resource exploitation and tree regeneration, in the compliance with the forestry regime; " 8. In Article 15, paragraphs 1 and 2 shall read as follows: "" Art. 15. -(1) Private property forests belonging to natural persons are subject to the forestry regime. The owners are obliged to ensure the protection of forests and to execute the necessary works imposed by the forestry regime, by their own means (2) If the owners of forests cannot meet, individually, the obligations provided in par. (1), they will manage their forests on the contractual basis through private or state forestry structures, a purpose in which they can be constituted, in advance, in associations with legal personality. " 9. In Article 16, paragraphs 1 and 3 shall read as follows: "" Art. 16. -(1) The administration of private property forests belonging to parishes, skiers, monasteries, educational establishments or other legal entities is made with specialized forestry personnel, in order to comply with the obligations provided in art. 8 8 para. ((1). .................................................................... (3) The owners of forests covered by this section may request that the forests belonging to them are administered on the contractual basis by the state or private forestry structures, under the conditions provided in art. 12 12 para. ((1) and (2), art. 13 13 and 14, supplemented by specific provisions, agreed by the Contracting Parties. ' 10. In Article 17, paragraphs 2 and 3 shall read as follows: " (2) Contracts provided in par. ((1) shall end in authentic form at the notary offices, the fees and commissions being borne by the forestry structures that manage the respective forests. These contracts are registered with the territorial inspectorates of forestry and hunting regime, institutions defined according to art. 19 and 21, in whose territorial area the forest fund is located. ((3) The termination of the contract on the initiative of a party shall be settled according to civil law and under the conditions of forest management, hereinafter, in forestry, through authorized forestry structures. " 11. Article 17 (1) shall be inserted after Article 17, with the following contents: "" Art. 17 17 ^ 1. -Until the restitution of some forest land from the administration of the National Forest Regia in the public property of the administrative-territorial units or in private property, respectively until the possession according to the provisions of Law no. 1/2000, the National Forest Regia has the obligation to execute the forestry technical works according to the provisions of the forestry arrangements and the regulations imposed by the forestry regime, granting the owners the profit resulting from the exploitation of the wood mass That. The resulting profit is granted in money or in kind, at the request of the owner. 12. In Article 19, paragraph 1 shall read as follows: "" Art. 19. --(1) Control of compliance with the forestry regime for the entire national forest fund shall be exercised by the central public authority responsible for forestry, as well as by the territorial and moviegoing territorial inspectorates under the 13. Article 21 shall read as follows: "" Art. 21. -(1) The territorial inspectorates of forestry and hunting regime are constituted at the level of each county, if the area of the county's forests, according to art. 3 lit. a)-e), is at least 50,000 hectares. (2) In the case of counties where the forest area is below the limit provided in par. (1), the territorial inspectorates of forestry and moviegoing regime will be constituted within two or more bordering counties, so that their minimum area is the one provided in par. ((1), but not more than 150,000 hectares. (3) The territorial inspectorates of forestry and moviegoing regime shall be constituted by Government decision. (4) The specialized technical staff of the territorial and hunting territorial inspectorates will be sized in relation to the forest area and the number of owners, so that for an average area of 20,000 hectares there will be a inspector forestry engineer. (5) For the control of the technical field works and for the execution of the background checks, a forestry engineer or a forestry technician shall be provided for an average area of 10,000 hectares. " 14. In Article 23, paragraphs 2 and 3 shall read as follows: " (2) The final removal/occupation of land from the forest fund, without their compensation with an equivalent area of land, for the objectives and works provided in par. (1), shall be made with payment by the requesting natural and legal persons of the following fees and compensation: a) fee for the final occupation of forest land, according to the provisions of 92 92 para. (4), with the exceptions provided in par. ((6) of Law of Land Fund no. 18/1991 , republished, which flows to the Land Fund Improvement Fund, a fund at the disposal of the central public authority responsible for forestry; b) the value of the land permanently removed from the forest fund, which is paid to the owner of the forest land for private land, or, respectively, a compensation granted to the land manager for the property public of the state, which flows into the Forest Conservation and Regeneration Fund; c) the value of the loss of growth, determined by the exploitation of the wood mass before the age of the exploitation, which is paid to the owner of the land for private land, or, respectively, a compensation granted to the administrator land for the public land of the state, which flows into the Forest Conservation and Regeneration Fund; d) the value of the decommissioned objectives for the occupied land from the public property forest fund of the state, which shall be paid (3) At the request of natural and legal persons, the final removal of some land from the national forest fund for the objectives and works provided in par. ((1), if the beneficiary compensates with land equivalent to the area and creditworthiness, bordering on the forest fund, may be made with the payment of a fee equal to the value of the wood mass on the holding for the corresponding main species the resort, which flows to the Land Fund Improvement Fund, the compensation provided in par. ((2) lit. d), as well as the expenses of installation of forest vegetation and its maintenance until the realization of the state of massive on the land received in compensation, which shall be paid in advance to the administrator of the forest fund. " 15. in Article 23, after paragraph 3, paragraph 4 is inserted as follows: " (4) Provisions art. 92 92 para. ((6) of Law no. 18/1991 , republished, shall be applicable. " 16. Article 24 shall read as follows: "" Art. 24. -(1) For the temporary occupation of land from the national forest fund, the natural or legal persons benefiting from the use of the land have the obligation to pay: a) a guarantee in the amount equal to the expenses necessary for bringing in able-bodied conditions the temporary occupied land; the provided amount shall be deposited in a special account, interest bearing, at the Land Fund Improvement Fund, located at the provision of the central public authority responsible for forestry, provided for in Law no. 18/1991 , republished, as amended; b) annual rent for temporary land occupation of the forest fund, which shall be paid to the owner of the land for private land and land manager for the public land of the state, in the Fund Extrabugetary for the construction of forest roads; c) the value of the loss of growth determined by the exploitation of the wood mass before the age of the holding, which shall be paid to the owner of the land for the private land and the land manager public property of the state, in the extra-budgetary fund for the construction of forest roads; d) the expenses of resettlement of the forest vegetation and its maintenance, until the realization of the state of massive, for the occupied land public property of the state, which shall be paid in advance to their administrator; e) the value of the decommissioned objectives on the occupied land public property of the state, which is paid to their administrator (2) If the temporary occupation of the land does not involve the clearing of wood forest vegetation, the beneficiary does not pay the owner or administrator of the land the amounts provided in par. ((1) lit. c), d) and e). ((3) If the holder of the approval of temporary removal from the forest circuit meets his obligations regarding the rendering of land in the forest fund, he shall be returned the guarantee and the related interest. (4) The average price of one cubic meter of wood mass per foot, which is used for the calculation of money obligations related to the occupation of land from the national forest fund, provided in art. 23 23 and in this Article, it shall be established by order of the Minister responsible for the field of forestry, taking into account the market price. " 17. in Article 28 (1), the following shall be inserted after point g): "h) the financing of forest management through authorized forestry structures, in situations where the incomes obtained through the full recovery of forest resources, according to the forestry facilities, do not ensure the costs of forestry administration." 18. Article 31 shall read as follows: "" Art. 31. --(1) Cutting or removing from the roots, without right, trees, seedlings or shoots from the national forest fund, regardless of the form of ownership, by the owners, keepers or by any other person, if the value of the damage is more than 5 times the average price of one cubic meter of wood per foot or if the value is below this limit, but the act has been committed at least twice in the span of 2 years, shall be punishable by imprisonment from 6 months to 4 years or with fine. (2) If the act had as a result a damage worth 20 times higher than the average price of one cubic meter of wood mass per foot, the sentence is imprisonment from 1 to 5 years. (3) When the act had as a result a damage worth more than 50 times the average price of one cubic meter of wood mass per foot, the sentence is imprisonment from 2 to 7 years. (4) The maximum of penalties provided in par. ((1)-(3) shall be increased by 3 years if the facts were committed in the following circumstances: a) two or more persons together; b) a person carrying a dangerous weapon or chemical; c) during the night; d) in protected forest areas. (5) The attempt is punishable. " 19. in Article 33, points a), b) and c) of paragraph 1 shall read as follows: " a) the refusal of the owners or other holders of forests to draw up forestry facilities, according to the obligation provided in art. 8 8 para. ((1) lit. a), with a fine of 400,000 lei to 2,000,000 lei for individuals and from 2,000,000 lei to 10,000,000 lei, for legal entities; b) non-insurance of forest security by the holding individuals, with a fine from 1.000.000 lei to 2.000.000 lei and non-insurance of security and administration through authorized forest structures of forests belonging to legal entities, with a fine from 10.000.000 lei at 20,000,000 lei; c) the refusal of owners or other forest holders to execute the works to prevent and combat pests and diseases of forests, according to the provision of art. 8 8 para. ((1) lit. c), or to execute the tree care works, provided in art. 8 8 para. ((1) lit. g), with a fine of 5,000,000 lei to 25,000,000 lei. " 20. Article 35 shall read as follows: "" Art. 35. -Finding the crimes provided in art. 30 30-32 and the contraventions provided in art. 33 33 shall be made by the forestry personnel referred to in art. 105 105 of Law no. 26/1996 -The Forest Code and by the forestry personnel from the newly established forestry structures, as well as by the criminal investigation bodies, in the case of crimes, and by the mayors, in the case of contraventions. " 21. After Article 39, Articles 39 ^ 1 and 39 ^ 2 are inserted with the following contents: "" Art. 39 39 ^ 1. -Within the meaning of this ordinance, by private or state forestry structures, considered as a whole, it is understood: cantons, brigades or forest districts and ocoals. Article 39 ^ 2. -Private forestry structures, similar to state ones, legally constituted, as well as employed forestry personnel will be authorized by the central public authority responsible for forestry, within 60 days of the submission of the necessary documents. authorization. " + Article 2 The central public authority responsible for forestry will establish, within 60 days from the date of entry into force of this law, the maximum areas that can be deforested to achieve the objectives provided in art. 23 23 para. ((1) lit. b), c) and d). + Article 3 Government Ordinance no. 96/1998 , approved by Law no. 141/1998 , republished, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 12 December 2001, in compliance with the provisions of art. 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU --------