Law No. 106 Of 9 May 2008 On Expropriation For Public Utility Land Required For Mining Exploitation Of Lignite Deposits

Original Language Title:  LEGE nr. 106 din 9 mai 2008 privind exproprierea pentru cauză de utilitate publică a terenurilor necesare lucrărilor miniere pentru exploatarea zăcămintelor de lignit

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LAW no.
106 of 9 May 2008 on expropriation for public utility land required for mining exploitation of lignite deposits
Issued



PARLIAMENT Published


Official Gazette no. 369 of 14 May 2008

Romanian Parliament adopts this law.

Article 1


This law establishes the legal framework for measures to ensure the land necessary to conduct mining exploitation of lignite deposits.

Article 2


(1) For purposes of this law, shall be declared public utility for exploiting mining deposits of lignite, which is running under an operating license.


(2) For the purposes of this law, mining for lignite deposits exploitation means all works on the exploitation, commercialization of mining products, conservation and closure, including related works, restoration and rehabilitation of the environment and work preparation of access roads, bridges, hydraulic structures and other facilities necessary for the protection of special deposit.


Article 3


(1) For public works declared under art. 2 para. (1) expropriator is the Romanian State by licensees operating operators.


(2) buildings expropriated enter into state ownership.


Article 4


(1) Title Holder must prepare technical-economic documentation for each mining work that meets the requirements of Art. 2 para. (1) in accordance with Law no cadastre and real estate advertising. 7/1996, republished.


(2) economic and technical documentation under par. (1) covers data on mineral resources and reserves obtained from mining, geological fund data and information on the mining site and plans of the situation with the location of mining, containing demarcation of land and construction of the proposed expropriation with giving the names and owners for compensation by type of property, established by authorized persons in the evaluation.


(3) Plans situation mining site and buildings to be expropriated for unchanging aim of the National Agency for Cadastre and Land.


Article 5


(1) initiation of the expropriation of properties that are to be executed and mining ministry evaluated the overall amount of compensation shall be approved by Government decision, based on technical and economic documentation referred to in art. 4 para. (2).


(2) the location of the work plan drawn up according to Art. 4 para. (2) each administrative area, bring to public knowledge by posting at the headquarters of the local council of the village, town or city in which are located buildings that are subject to approval for expropriation, and will wait until the conclusion of compensation.


(3) Within 30 days of the entry into force of the Government decision on the approval of their initiation of expropriation under par. (1) holders of exploitation licenses will notify individuals or legal holders of real rights and demand compensation procedure.


Article 6


(1) In addition to the compensation granted mining license holder, if unleashed the expropriation procedure buildings are going to run mining is obliged to organize their own expense, hearth village utilities necessary to develop community living in newly established at the request of local public administration.


(2) Furthermore, the license holder will ensure the replenishment operation entirely new locations acquired conditions laid down by the civil law, targets to replace those affected by mining - schools, churches, cemeteries, food water, gas, street lighting.


(3) Title Holder will transfer, free of charge, local authorities and public utilities buildings made on new sites, in para. (2) under the law.


Article 7


(1) referred to works of art. 6 para. (1) and (2) will be made until the actual commencement of expropriation works.


(2) If the work will not be executed by the date specified in par. (1) expropriation procedure may be initiated.


Article 8



(1) Payment of compensation for the buildings to be expropriated pursuant to Art. 5 paragraph. (1) is directly actual rights holders, in cash or by record amounts in a bank account available to them.


(2) Proof of ownership and other real rights on real estate to be expropriated is the evidence allowed by law, depending on how the acquisition of rights - conventional, judicial, legal, succession, understanding through the acquisition and creation or restoration of property rights under special laws.


(3) If the compensation on the same estate are required adversarial contest or several persons entitled, compensation shall be registered in the name of all, to be divided according to civil law. Compensation shall be issued only to holders of rights proven through final and irrevocable.


(4) If the real estate to be expropriated subject to inheritance and successors are not known or can not present certificates of inheritance, if the succession procedure is opened, the compensation will be recorded on behalf of the estate. If the succession procedure is not open, a representative of the operating license holder shall request information on the opening of the succession and the amount of compensation will be recorded in a separate account, on behalf of the estate. The compensation will be paid only successors will prove their capacity as heir certificate.


(5) Secretaries administrative-territorial units where the buildings are located to be subject to expropriation and public notaries are obliged to communicate within 5 days from the request of the holder of mining license information on opening succession procedure.


(6) After the expiration of the legal acceptance of inheritance, operating licensee is entitled to demand issuance of the holiday succession, unless the tacit acceptance of the succession.


(7) For other contentious situations than those provided in par. (4) - (6) Figures for expropriation shall be recorded on behalf of the persons in question, to be paid under this law.


Article 9


(1) Within 5 days from the date of entry into force of the Government decision referred to in Art. 5 paragraph. (1), under which a notification was issued by the holder of mining license verification commission designating ownership and any other real rights and negotiating the amount of compensation.


(2) Commission under par. (1) will be composed of 3 experts appointed by the licensee operating 3 owners whose buildings are proposed for expropriation, the town where they are located buildings proposed for expropriation, chosen by lot from a list of at least 25 owners and the mayor. The management board shall be appointed by the licensee.


(3) The Commission provided in par. (1) fix the amount of compensation negotiated with the owners of natural or legal persons or other real rights holders.


(4) of the Commission, notified people are required to complete the documentation submitted by the holder of the right quality for real damages claimant within 15 days. Otherwise, the commission will record compensation on behalf expropriated, but payment will be made only after the expropriated will prove its right under this law.


Article 10


Committee's decision on the amount of compensation established under the terms of art. 9 communicated expropriated and displays the extract at the headquarters of the local council in whose area the property is located to be expropriated, and the office of the holder of the exploitation license.

Article 11


Later than 15 days from the date of the meeting of the committee referred to in art. 9 paragraph. (1) for cases in which it was recorded in the minutes of the parties' agreement, which is signed by both parties, expropriator shall pay compensation for the buildings to be expropriated in any way agreed by the parties.

Article 12


(1) For all cases where, after meeting the committee referred to in art. 9 paragraph. (1) covenant not reached between the parties on the amount of compensation for cases where persons have not notified presented for negotiation expropriator addresses the courts, according to Law no. 33/1994 on expropriation for public utility.



(2) The trial of cases that concern turned expropriations under this Act is the priority, and the deadlines set out in the judgment by the competent courts can not be longer than 7 days.


Article 13


(1) application to the court to establish, in the Romanian state, the right to compensation for the expropriation and the amount shall be exempt from judicial tax.


(2) Para. (1) do not apply to disputes having as object the establishment of ownership or other real right over the buildings subject to expropriation.


Article 14


Legal documents concluded after the date the decision of the committee referred to in art. 9 paragraph. (1) or after recording the amounts set as compensation for the establishment or transferring interests covering buildings affected by expropriation, are null and void.

Article 15


(1) For the definitive removal of national forest land required for mining operations, calculation of amounts due is done in accordance with the methodology set out in the annex part of this law.


(2) Removing final of national forest land is public property by clearing land only able to be forested, equivalent in size and creditworthiness and the surrounding national forest.


(3) The land offered in compensation shall be registered in forest lands with public property, managed by the National Forest Kerslake, fall into forest and are subject to forestry regime.


(4) The payment of the costs of installation and maintenance of forest vegetation to achieve its solid state by the license holder, beneficiary of the definitive removal of the forested land in para. (2) is expected to issue its approval. The equivalent costs of installation and maintenance of forest vegetation to its pending status massive flows to fund conservation and regeneration of forests, up to National Forest - Kerslake.


(5) The costs referred to in para. (4) shall have the character of operating costs. Notwithstanding the provisions of paragraph. (4) depending on the financial possibilities of the licensee may incur expenses shall be partly staggered Scheduled for a period of 1-5 years, by highlighting them in the account "prepaid expenses".


Article 16


Ownership transfer operating as the date of payment of compensation determined by the final decision of the committee referred to in art. 9 paragraph. (1) or, where applicable, the final judgment.

Article 17


(1) The buildings acquired under this law are contained in the investment programs of the operating license holder and will be covered from own sources or taken from the capital market.


(2) The removal from accounts of the amount referred to in paragraph buildings. (1) acquisition costs are tax deductible.


(3) The buildings acquired under this law licensee operating in the accounts is recorded at acquisition value, as a tangible asset that is not depreciated.


Article 18


Services on the approval and registration of cadastral documentation, fees related to the registration procedure for land needed for the mining, to the state budget or local budgets for the realization of the expropriation shall be exempt from payment.

Article 19


Provisions of this Law shall be supplemented by Law no. 33/1994 on expropriation for public utility of the Mining Law no. 85/2003, as amended and supplemented, the Civil Code, as well as those of the Code of Civil Procedure, in so far as they provide otherwise.

Article 20


Within 30 days from the date of entry into force of this law, Ministry of Finance and State Assets Recovery Agency will develop rules for the implementation thereof, which shall be approved by Government decision.
This law was adopted by the Parliament of Romania, in compliance with art. 75 and Art. 76 para. (1) of the Romanian Constitution.

Chamber of Deputies Bogdan Olteanu SENATE


Nicolae Vacaroiu Bucharest, May 9, 2008.
No. 106.

Appendix


METHODOLOGY

Calculation of financial obligations payable for definite removal of forest land

private or public property necessary for the operation of mining deposits of lignite

1. The fee for definite removal of national forest land:
Tx = S x x PML VEXP x Tp

Where: S
land surface is permanently removed from the forest fund, expressed in hectares to four decimal places;
VEXP is the volume reached the age exploitability of wood expressed in cubic meters / ha, provided in Annex. 1, which is part of this methodology and settled on the main species corresponding base class stationary conditions and its production;
PML represents the average price of a cubic meter of standing timber, expressed in lei / mc established periodically by order of the head of the central public authority responsible for forestry, taking into account the market price corrected by the coefficient mentioned in Annex no. 2, which is part of this methodology, the main species for the corresponding base stationary conditions;
Tp is the tax percentage determined in accordance with Annex no. 2 Land Law no. 18/1991, republished, as amended and supplemented. If the beneficiary provides clearing land equivalent in size and creditworthiness, Tp = 1.
If definitive occupation of lands that have national forest, according to forest management, category of use other than forest species and class main base its production will be set according to the type species of the main natural fundamental forest resort for the type of forest.
If definitive occupation of lands in the national forest into forest areas which are recorded as non-productive species will be considered as the main base, according to physio-climatic floor where the land is located, one of the following species to class and the consistency of production will stand 0.4:

A) grouse - the mountain forest floor (FM1-FM3);


B) hornbeam - in hilly forest floor (FD1-FD4);


C) willow - in lowland forest floor, forest steppe and steppe (CF, SS).


2. The equivalent land permanently removed from the national forest is given by:
VT = S x Cr x xnx PML N,

Where: VT is
land value, expressed in lei;
S is the area of ​​land that is removed permanently from the national forest, expressed in hectares to four decimal places;
PML represents the average price of a cubic meter of standing timber, expressed in lei / mc established periodically by order of the head of the central public authority responsible for forestry, taking into account the market price corrected by the coefficient mentioned in Annex no. 2 main species for the corresponding base stationary conditions;
N is the coefficient of the combined notes provided in Appendix. 3, which is an integral part of this methodology, assigned land in question;
Cr represents the average increase in exploitability, expressed in cubic meters / ha, the main species associated corresponding base class stationary conditions and its production according to appendix. 4, which is an integral part of this methodology. If national forest land who uses different woods or registered in silviculture as unproductive species and class main base its production will be established as stated in letter A;
N is the number of years required for the establishment of a stand until the first harvest byproducts that can be realized. This indicator has the following values:
- 10 years for quickly increasing species: willow and poplar;
- 30 years for species of oaks;
- 20 years for other species.
March. The equivalent growth loss caused by wood exploitation before age exploitability
This consideration is calculated using the formula:
TVD = S x x PML (VEXP-VA) x N1

Wherein the equivalent loss
TVD growth, namely the difference between the timber reached the age of exploitability and timber value on the date of the national forest land take, expressed in lei;
S is the area of ​​land that is removed permanently from the national forest, expressed in hectares to four decimal places;

PML represents the average price of a cubic meter of standing timber, expressed in lei / mc established periodically by order of the head of the central public authority responsible for forestry, taking into account the market price corrected by the coefficient mentioned in Annex no. 2 for the main species composition majority of existing stands;
VEXP is the volume reached the age exploitability of wood expressed in cubic meters / ha according to appendix. 1 for the main species composition majority of existing stands and its corresponding class production;
VA represents actual volume of wood expressed in cubic meters / ha, equal to the volume taken from forest land plus the corresponding increase in the number of years since the date of the arrangement and minus the volume extracted in the same period;
N1 coefficient is equal to the mark given for the criterion laid down in point. 1 of Annex. 3 (functional type of the existing stands of forest land permanently removed).
4. Goal Value (fixed assets) which have been decommissioned following the removal of national forest land
This value is determined as the replacement value targets (fixed assets) which dispose calculated and corrected estimate based on the amortization of those objectives.
May. Installation costs and maintenance of forest vegetation to achieve its solid state lands taken over compensation

Annex 1

VOLUME


methodology timber reached the age exploitability
production classes for main tree species *) ____________


Note


*) Volumes are set according to "biometrics trees and stands of Romania", edition 1972 exploitability ages, provided the technical rules for setting forests. These volumes may be revised in case of change exploitability age and tables production stands.

N.

CLASS OF PRODUCTION

Crt.
SPECIES

I

II III IV


V
1.
Spruce


1039
859

668

507

350


2.
Brad

986

838

672

508

386


March.
Scotch Pine

695

531

360

209

96


4.
Black pine

553

427

283

190

93


May.
Larch

953

796

602

395

252


June.
Beech seed

813

652

492

355

259


July.
Birch

352

294

195

141

94


August.
Gorun seed

768

600

453

335

232


September.
Gorun shoots
of
533

448

343

238

164


10.
Oak seed

875

733

584

447

346


11.
Oak
of
shoots 565

462

375

283

201


12.
Heaven seed

516

405

321

255

183


13.
Garneau seed

498

418

332

250

193


14.


Gray oak 334

292

208

113

81


15.
Oak fluffy

261

188

141

99

65


16.
Hornbeam seed

334

291

217

145

108


17.
Tei seed

518

449

356

256

163


18.
Acacia plantations

495

331

192

116

48


19.
Acacia shoots
of
333

224

128

63

34


20.


Black and white poplar 529

405

272

155

92


21.

Willow in Renis (and plantation)
534

391

295

172

107


22.
Willow shoots
of
360

289

209

153

73


23.


Willow in Sulinar 360

289

209

153

73


24.
Anin

483

415

325

233

163


25.
Plop selected

629

407

310

207

114


Annex 2

BREAKDOWN


methodology species and groups of species

Correction coefficient average price of a cubic meter of standing timber
established periodically by order of the head

central public authority responsible for forestry, the National Administration of proposal
forests - Romsilva

N.
Crt.

Species or group of species


Coefficient applicable average price of a cubic meter of standing timber table


1.
Softwood



1.20
2.
Beech



1.30
March.

Oaks, ash


1.70
4.
Various hardwood



1.10
May.
Various redwood



1.00
NOTE:
PML indicator species or species groups in column no. 2 is determined by multiplying the column no. March average price of a cubic meter of standing timber, set periodically by the Minister in charge of forests, taking into account the market price.

Annex 3

CRITERIA


methodology on which determines the coefficients N and N1
used in calculating the value of land (VT)
of rent (CHA), respectively, of the counter || | loss of growth caused by wood exploitation before age
exploitability (TVD)

N.
Crt.

criteria

Mark given

Categories bushes or wooded land on functional types


Stands are prohibited from any intervention
keep extracting wood or other non-wood went pro
(functional type TI) national parks, nature reserves and scientific
, monuments nature.

15

Stands which is not permitted or not possible execution
than cutting hygiene or special conservation works
(functional T type II)

10

1.

Stands that allowed intensive treatments, such as those
forest gardening or cvasigrădinărit
(functional T type III)

5

Stands where treatments are allowed during normal regeneration
or more, but with restrictions on logging
execution (functional T type IV)

3

Stands with production functions and protection
not applied restrictions on treatments
(type functional TV and T VI)

2

Note: For land without forest cover note
will be zero
Location of the land to settlements


A. In town and up to 2 km from the boundary
built area

- Bucharest and resorts, weather or travel


12

-
County capital
8

-
Municipalities
6

-
Cities
4

-
Villages common residence
2

-
Villages
1

B. Outside town

1. Location between 2 and 5 km from the boundary of the perimeter
buildable

- Bucharest and resorts, weather or travel


10

-
County capital
6

-
Municipalities
4

-
Cities
2

-
Villages common residence
1

-
Villages
0

2. Between 5 and 10 km from the boundary perimeter built

- Bucharest and resorts, weather or travel


9

-
County capital
5

-
Municipalities
3

-
Cities
1

-
Villages common residence
0

-
Villages
0

March. More than 10 km from the boundary of the built area

- Bucharest and resorts, weather or travel


8

-
County capital
4

-
Municipalities
2

-
Cities
0

-
Villages common residence
0

-
Villages
0

Note: It takes into account the distance from the town
The largest category


Location of the land to transport networks

A. Transport (land is located at a distance of 1 km
to transport route)

-
European Motorways and National Roads
3.0

-
Other roads
0.8

-
County roads
0.6

-
Public Roads
0.4

- Forest roads, industrial and the like

0.2

Note: consider only road access to the
largest category

B. Rail (where land is
at a distance of 5 km from the station)

0.5

C. Inland waterways transport (where land is
at a distance of 5 km from the port)

0.5

D. Shipping (where land is
at a distance of 5 km from the port)

0.5
Other utilities


0.5

Water utilities networks up to 500 m

0.5

Electricity distribution networks up to 500 m

0.5

Natural gas distribution networks up to 1000 m

0.5

Share of the national forest area
county in whose land lies in the county's total area

Up to 10%


2

May.


10-20%
1.5


20-30%
1.0


30-40%
0.5


40%
0

NOTE:
- N ratio is calculated as the sum of the grades given to fulfill all the criteria listed in column no. 2.
- coefficient N1 is the mark given only to fulfill the criteria in no. crt. 1 (de stands on functional types).

Annex 4

GROWTH


methodology average annual total exploitability
stand for the main forest species *)

- Cm / year / ha -

N.

CLASS OF PRODUCTION

Crt.
SPECIES



I II III IV


V
1.
Spruce

13.8

12.2

10.5

8.1

5.7


2.
Brad

12.7

10.8

9.4

7.8

5.9


March.
Scotch Pine

12.1

9.4

7.4

5.2

3.0


4.
Black pine

10.9

8.6

6.6

4.6

2.8


May.
Beech

11.0

9.1

7.6

6.0

4.4


June.
Birch

9.4

7.9

6.4

4.8

3.2


July.
Gorun seed

7.5

7.0

5.5

4.7

3.3


August.
Gorun shoots
of
8.6

7.2

5.7

4.4

3.1


September.
Oak seed

10.6

8.8

7.6

6.2

4.7


10.
Oak
of
shoots 9.2

7.5

5.9

4.9

3.9


11.
Tei

12.7

10.8

9.1

7.2

5.2


12.
Heaven

8.8

7.8

6.3

4.9

3.9


13.
Garneau

6.8

5.9

5.2

4.4

3.5


14.
Carpen

10.2

8.8

7.5

5.9

4.6


15.

Acacia (plantations)
18.7

14.7

10.3

6.4

3.3


16.

Acacia (shoots)
16.5

13.2

9.3

5.7

3.1


17.


Black and white poplar 19.5

15.0

11.6

7.8

4.8


18.


Willow seed 27.5

23.9

19.2

14.2

9.5


19.


Willow in Sulinar 20.8

18.9

16.5

12.4

8.2


20.
Plop selected

30.1

23.7

18.0

13.0

8.2


21.
Larch **
)
10.5

8.9

7.5

5.7

3.6

_____________


Note


*) According to the "biometrics trees and stands of Romania", 1972 edition

Note

**
) Main stand.

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