Advanced Search

Law No. 167 Of 2 October 2008 Amending Law No Land Improvements. 138/2004

Original Language Title:  LEGE nr. 167 din 2 octombrie 2008 pentru modificarea şi completarea Legii îmbunătăţirilor funciare nr. 138/2004

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 167 167 of 2 October 2008 to amend and supplement Land improvements law no. 138/2004
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 699 699 of 14 October 2008



The Romanian Parliament adopts this law + Article I Land Improvement Law no. 138/2004 , published in the Official Gazette of Romania, Part I, no. 369 of 28 April 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2, paragraphs 2 to 4 shall be amended and shall read as follows: " (2) The land improvement measures include the following categories of works: a) indiguirs and regularizations of watercourses through which the protection of land and any categories of construction against floods, local sources of water and emissaries for water drainage are mainly ensured; b) irrigation and rice through which the controlled supply of soil and plants is ensured with the quantities of water necessary for the development of crops and the increase of agricultural production. These facilities include works of capture, pumping, transport, distribution and evacuation of water and, as the case may be, land levelling works; c) dissecting and drainage, aimed at preventing and removing excess moisture from the surface of the land and from the soil, in order to ensure favorable conditions of land use. These facilities include collection, transport and evacuation works in the emissary of excess water; d) Combating soil erosion and improvement of landslides, which prevent, diminish or stop land degradation processes. These facilities include works for soil protection, regularization of water drainage on slopes, extinguishing torrential formations, stabilization of moving sands; e) paedoamelioratives on the salt, acidic and sands fields, on polluted land, including with oil residues, with halde from mining operations, on other non-productive land, including levelling-modeling, scarification, deep afanching, gullies and drains of water, ploughing in strips with frames, salt-washing watering, application of amendments, as well as fertilisers, for the purpose of recovery for agriculture and, where appropriate, forestry; f) forest curtains for the protection of agricultural land and plantations to combat soil erosion; g) other works carried out through technical solutions and new technologies; h) protection zones of the works provided in lett. a)-g). (3) The land improvement facilities take over from authorized sources the water requirements for irrigation of agricultural and forestry crops and water supply of some localities, fish facilities, agricultural and industrial premises and provide protection localities and any categories of construction against the effects of landslides and floods, as well as the protection of reservoirs against warping. (4) The realization of land improvement facilities at national level takes place on the basis of sectoral programs and strategy, and at local level, according to the needs of local public authorities, legal or physical persons interested, on the basis of zoning and local land-use programmes and in conjunction with the sectoral strategy. " 2. In Article 4, letter c) is amended and shall read as follows: " c) the realization by the land owners of the exploitation, maintenance and repairs of land improvement facilities located on the land they own, including rehabilitation works, investment execution and cost support. these activities. The state intervenes through the Administration and the allocation of funds from the state budget in addition to the own sources of the Administration or beneficiaries constituted in land improvement organizations or federations of organizations land improvements, in cases where land owners cannot carry out land improvement activities by their own effort; '. 3. In Article 6, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) Owners or other land holders who intend to make a new land improvement arrangement may be constituted in organizations. " 4. In Article 8, letter e) is amended and shall read as follows: "e) acquires, leases from third parties, exploits, maintains and repairs the machinery and installations necessary for the provision of land improvement services and other equipment necessary to carry out its own activities;". 5. In Article 10, paragraph 3 shall be amended and shall read as follows: " (3) The tariffs for the provision of land improvement services, other than irrigation services, can be collected through the specialized compartments of the local public administration. The mechanism for collecting these tariffs and settlement of expenses incurred for carrying out this activity will be regulated by a framework protocol, approved by joint order of the Minister of Agriculture and Rural Development and the Minister of Internal Affairs and Administrative Reform, on the basis of which protocols can be concluded at local level between organisations and local councils on whose territorial area the territory of the organisation is located. " 6. Article 12 is amended and shall read as follows: "" Art. 12. --(1) Any natural person or legal person, who holds on the basis of a valid title of property or use a land located on the territory of his organization that has, under the conditions Law no. 213/1998 on public property and its legal regime, with subsequent amendments and completions, in administration or in use such land under public or private property of the state or administrative-territorial units, can be a member of an organization. (2) The land improvement infrastructure owned by a natural or legal person, other than the Administration, located on the territory of the organization, can be taken into use by the organization, during its existence, in the basis of a written, authenticated understanding ' 7. In Article 13, after paragraph (1 ^ 1), a new paragraph (1 ^ 2) is inserted, with the following contents: "(1 ^ 2) In the case of organizations that have as their object of activity the irrigation works, the condition that the members hold more than half of the land area must also be fulfilled on each irrigation plot or representation area, according to the law." 8. After Article 23, a new article is inserted, Article 23 ^ 1, with the following contents: "" Art. 23 23 ^ 1. -In carrying out activities of public interest, the federations have the following tasks: a) the conclusion of contracts with the Administration or with other suppliers, for the delivery of water for irrigation and the provision of other services of land improvement; b) the conclusion of contracts with the electricity or heat supplier for the supply of energy necessary for the operation of a functional autonomous part or of the entire land improvement arrangement under its administration; c) the provision of land improvement services to the member organizations and other beneficiaries, on the basis of tariffs; d) hiring qualified personnel; e) the purchase, rental, replacement, operation and maintenance of land improvement facilities and equipment; f) ensuring the security and protection of the land improvement infrastructure within the land improvement arrangement or the landscaped part, maintained and repaired by the federation; g) opening bank accounts and carrying out financial operations through these accounts; h) organization of trainings of representatives of member organizations, through their own specialists or through services provided by third parties; i) approval of the mandatory internal regulations for the member organizations, for the representatives of the member organizations participating in the activity of the federation, as well as for the j) the submission of proposals on the rehabilitation and modernization of the land improvement infrastructure within its territory; k) employment of experts and consultants to ensure the efficiency of the functioning of the federation or of the member organizations; l) contracting of research and field studies for the extension of the existing land improvement arrangement, the realization of new systems, works or facilities and the development of the federation's activity. " 9. In Article 25, letter b) is amended and shall read as follows: " b) the right of use held by the association of water users for irrigation on irrigation infrastructure belonging to the private domain of the state, administrative-territorial units or natural or legal persons, consisting of stations pumping pressure and hydrotechnical construction, together with related facilities and land, underground pipes, as well as other such goods located on the territory of the organization. " 10. In Article 26, after paragraph 3, three new paragraphs are inserted, paragraphs 4 to 7, with the following contents: " (4) The transmission of the right of use or ownership of the land improvement infrastructure under the administration of the Administration is made on the basis of pre-takeover protocol approved by order of the Minister of Agriculture and rural development, specifying the obligations regarding the operation, maintenance, repairs and security of the integrity of the goods. (5) The commissioning of the irrigation infrastructure that is the subject of transmission on request, without payment, in use or in the property of an organization is carried out from funds fully insured from the state budget. (6) The transmission of the right of use or ownership of the land improvement infrastructure owned by natural or legal persons shall be made in compliance with the legal provisions in force regarding advertising and registration Immovable property ((7) Within 30 days from the date of acquisition of the legal personality, the organization has the obligation to conclude with the water supplier multiannual contract for a period of at least 3 years. " 11. in Article 27, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The commissioning of the irrigation infrastructure that is the subject of transmission on request, without payment, in the use of a federation, is carried out from funds fully insured from the state budget." 12. Article 31 is amended and shall read as follows: "" Art. 31. -The goods that make up the land improvement infrastructure belonging to the public domain of the state are transmitted in the administration of the Administration, through the protocol of surrender-takeover approved by order of the Minister of Agriculture and Rural Development specifying its obligations regarding the operation, maintenance, repairs and security of the integrity of these goods. " 13. Article 34 is amended and shall read as follows: "" Art. 34. -For the realization of any investment, the Administration, organizations and federations issue, as the case may be, on request, opinions for the removal from the agricultural circuit of land served by the land improvement infrastructure in their area of responsibility. The approval of the removal from the agricultural land circuit is made according to the legal provisions in force. 14. In Article 35, paragraph 5 shall be amended and shall read as follows: "(5) The administration has in its structure territorial branches without legal personality, which have in their composition units of administration organized at the level of land improvement facilities or land improvement facilities." 15. In Article 36, paragraph 1 shall be amended and shall read as follows: "" Art. 36. -(1) The administration carries out the following activities a) the operation, maintenance and repairs of the land improvement facilities declared by the public utility, except for the facilities or parts of the arrangement taken over by the federations, as well as the facilities to which the recognition of public utility and within which organisations have been established; b) the execution of works for the preservation of land improvement facilities or of the landscaping parts to which the recognition of public utility has been withdrawn; c) the removal from operation of works from land improvement facilities or landscaping parts that have been withdrawn the recognition of public utility and the valorization of the resulting materials, in accordance with the provisions of this law; d) the setting up of the agricultural land resulting from the decommissioning of the land improvement works; e) the realization of investments for the rehabilitation of existing land improvement facilities and the execution of new facilities; f) information and training in the field of land improvements; g) realization and assurance of the functioning of the national system of surveillance, evaluation, forecasting and warning regarding the economic and ecological effects of the land improvement activities; h) ensuring the water supply of some localities, fish facilities, agricultural and industrial premises, through the land improvement facilities under its administration, under the law; i) provision of land improvement services to organizations, federations and other natural and legal persons; j) international cooperation, within the limits of the power granted by the ministry; k) conduct of other activities of public interest, provided by this law. " 16. In Article 37, paragraphs 1 and 4 shall be amended and shall read as follows: "" Art. 37. -(1) The administration operates, manages, maintains and repairs the land improvement facilities in the public or private domain of the state, declared by public utility, with the exceptions provided by this law. ......................................................................... (4) The costs of carrying out the activities provided in par. (1) shall be covered by the tariffs for services provided in accordance with the provisions of this law and, in addition, from the state budget or other public funds. " 17. Article 38 is amended and shall read as follows: "" Art. 38. -(1) If a land improvement arrangement or part of a land improvement arrangement no longer meets the criteria provided for in art. 37 37 para. (3), by decision of the Government, the recognition of public utility and, as the case may be, shall be passed from the public domain in the private domain of the state or administrative-territorial units. (2) Fines of land improvement or parts of land improvement facilities, provided in par. ((1), shall be passed into conservation for a period of up to 5 years, during which they may be: a) transmitted in property or data in free use to an organization or federations, according to the law; b) sold to a private buyer according to the law; c) leased or rented, according to the law; d) decommissioned, according to the law; e) recovered, according to the law. (3) The preservation of a land improvement arrangement or part of a land improvement arrangement is carried out by ensuring its security and by decommissioning and proper storage of the related equipment and facilities. (4) Within 90 days from the transition into conservation of the land improvement arrangement or of the land improvement arrangement part, provided in par. (1), the Administration will advertise, in order to apply the measures provided in par. ((2) lit. a)-c). (5) The removal from operation of a land improvement arrangement or part of it is approved by order of the Minister of Agriculture and Rural Development, on the proposal of the Administration. (6) In the period between the entry into force of the Government's decision to withdraw the public utility recognition of a land improvement arrangement or a land improvement arrangement and until the completion of one of the the measures provided in par. ((2) lit. a)-c), the Administration ensures the operation, maintenance and repairs of that arrangement or parts of arrangement, the financing of these activities being carried out under the conditions of this law. " 18. in Article 39, points c)-e) shall be amended and shall read as follows: " c) annually inventory the irrigation facilities, with the distinct highlighting of the functional ones; d) develop tariffs for land improvement services; e) develop studies, projects, research programs and annual proposals for investments in the rehabilitation of existing land improvement facilities or execute new facilities and supervise the realization of these investment works, as well as proposals for elements of strategy and sectoral policies; '. 19. In Article 39, after letter q) two new letters, letters r) and s) are inserted, with the following contents: " r) organize and participate in international technical-economic cooperation activities in the field of land improvements, water management and environmental protection; s) verifies and orders measures on the organization of accounting for own income and subsidies allocated from the state budget in addition to them, for irrigation activity, and, separately, for other land improvement activities. " 20. In Article 40, paragraph 2 shall be amended and shall read as follows: " (2) They are exempted from the provisions of par. (1) the current maintenance works in the land improvement facilities of public utility, other than irrigation, which will be executed by the Administration. " 21. in Article 40, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) Until the transmission to organizations and federations of the land improvement infrastructure, the Administration contracts its services of operation, maintenance and repairs with third party service providers." 22. In Article 41 (2), points c) and e) shall be amended and shall read as follows: " c) technological equipment related to land improvement facilities in the public domain of the state, total from the state budget; .......................................................................... e) other investment expenses, according to the provisions art. 46 46 of Law no. 500/2002 on public finances, as amended, total from the state budget. " 23. In Article 41 (3), after letter e) two new letters are inserted, letters e ^ 1) and e ^ 2), with the following contents: " e ^ 1) the amounts collected from the rental of private assets of the state, which are in the patrimony of the e ^ 2) the pass rates on the levees under the administration of the Administration, charged for the maintenance of their section and the access ramps; ". 24. In Article 41 (3), after letter h) two new letters, letters i) and j) are inserted, with the following contents: "" i) amounts resulting from the recovery of the grassy mass, obtained from the maintenance of the dikes and the network of channels; j) amounts collected from the rental of some goods, public property of the state, under the administration of the Administration and which will be approved by Government decision. " 25. In Article 41 (4), after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: " a ^ 1) maintenance and repair works of the nature of investments at water sockets for irrigation, dredging/fading of fairways, docking and repairs specific to floating pumping stations, accidental repairs, interventions for removing the effects of natural calamities on irrigation infrastructure, totally from the state budget; ". 26. In Article 41 (4), points e) and i) shall be amended and shall read as follows: " e) environmental protection, through works of land improvement and monitoring of the effects of these works, including forestry works, total from the state budget; ........................................................................... i) the salary of the personnel provided in the central unit, the territorial branches and administration units of the Administration, other personnel expenses, as well as the current expenses necessary for their operation, partially from the state budget; ". 27. in Article 43, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) In the first 5 years after its establishment, the Administration will carry out the reassessment of tangible assets taken over, provided in par. ((1), reflecting the differences resulting from capital and reserve accounts. " 28. In Article 46 (1), points a), b) and d) shall be amended and shall read as follows: " a) 3 specialists from the Ministry; b) a specialist appointed by the central authority to manage public finances; ............................................................................ d) 2 specialists recognized nationally in the field of land improvements. " 29. In Article 49, paragraph 2 shall be amended and shall read as follows: " (2) The Board of Directors may confer representation powers on the directors of territorial branches for the performance of their duties and may also resort to experts for the study and resolution of certain complex technical problems. " 30. In Article 51 (4), after letter i) a new letter, letter i ^ 1) is inserted, with the following contents: "" i ^ 1) ensures the organization of accounting for own income and subsidies allocated from the state budget in addition to them, as well as for irrigation activity and, separately, for other land improvement activities; ". 31. In Article 51 (4), the letter j) shall be amended and shall read as follows: " j) delegate to the directors of the territorial branches the duties on the hiring and firing of personnel, with the exception of the management and representation staff in relations with third parties, within the limits set out in the organizing regulation and operation; '. 32. in Article 52, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) In order to attract young specialists, the Administration can provide service housing to its staff in existing spaces and/or newly-built spaces. The necessary funds can be, as the case may be, allowances from the State budget and own revenues of the Administration. " 33. In Article 53, paragraphs 1, 3, 4 and 5 shall be amended and shall read as follows: "" Art. 53. -(1) The administration operates at territorial level, through its territorial branches, and at the level of arrangement of land improvements or group of land improvement facilities through the management units in the composition. territorial branches. .......................................................................... (3) Territorial branches and management units exploit, maintain, repair and manage land improvement facilities and carry out land improvement activities within a demarcated area, based on the functional structure of the operation. furnishings or groups of furnishings that they administer. (4) The number of branches, their territorial competence and functional relations with the Administration shall be established by the Regulation on organization and functioning of the Administration. (5) The directors of the Administration's branches are employed under the law and are appointed by decision of the Director General, with the approval of the board of directors. The duties of the branch directors shall be established by the Regulation on the organization and functioning of the Administration and by individual employment contracts. 34. In Article 55, letter b) is amended and shall read as follows: "" b) on the basis of service contracts for an irrigation season, hereinafter referred to as seasonal contracts; '; 35. In Article 55, after letter b) a new letter, letter c) is inserted, with the following contents: "c) on the basis of service contracts in irrigation facilities or parts of irrigation facilities whose infrastructure has not been transmitted to organizations, according to the law." 36. Article 56 is amended and shall read as follows: "" Art. 56. -(1) The multiannual contract shall be concluded by the water supplier with organizations or federations for a period of 5 years, with the obligation for each year the beneficiary to pay his own contribution to the annual tariff. ((2) According to the seasonal contract, the beneficiary shall pay a seasonal price for irrigation. " 37. Article 59 is amended and shall read as follows: "" Art. 59. -The structure of the annual tariff, the tariff for the delivery of water for irrigation and seasonal tariff, the method of periodic adjustment thereof, the deadline for bringing to the attention of the beneficiaries of the amount of these tariffs, the deadline multiannual contracts and the payment term by beneficiaries of the annual tariff shall be determined by the methodological rules on the calculation and payment of tariffs for land improvement services, approved by order of the Minister of Agriculture and rural development, with the opinion of the Ministry of Economy and Finance 38. In Article 60, paragraph 2 shall read as follows: " (2) The beneficiary whose multiannual contract was terminated under the conditions of par. ((1) may request the conclusion of a new multiannual contract in the following years, provided that any outstanding amounts due to the Administration are paid. 39. Article 61 is amended and shall read as follows: "" Art. 61. -(1) Beneficiaries may renew the multiannual contract, provided that the Administration is notified by July 31 of the year in which the contract expires. (2) The administration shall conclude new multiannual contracts or renew those in force only if the request for service provision, which is the subject of multiannual contracts, involves the irrigation of at least 20% of the area served by the points of water delivery for irrigation, as well as from the surface of the entire arrangement or the fitting part under its administration. " 40. In Article 62, paragraph 1 shall be amended and shall read as follows: "" Art. 62. -(1) The water delivery tariff for irrigation is calculated on the water volume unit delivered by the supplier at the water delivery point for irrigation. The water delivery tariff for irrigation includes fixed expenses and variable expenses for the irrigation season. " 41. in Article 62, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The water supply tariff for irrigation from rice shall be calculated according to the provisions of par. ((2), plus the costs of water discharge from the rice. " 42. In Article 63, paragraph 1 shall be amended and shall read as follows: "" Art. 63. -(1) The administration shall develop the proposals for annual tariffs and water delivery rates for irrigation, which it shall submit to the approval of the management board. Until transmission to organizations and federations of infrastructure in irrigation systems, the Administration calculates tariffs for the services of operation, maintenance and repairs of this infrastructure, which it subjects to council approval. of administration. " 43. In Article 63, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The tariffs for the services of exploitation, maintenance and repair of the infrastructure in the irrigation systems of the Administration, which have not been transmitted to organizations and federations, shall not be included in the multiannual contracts. " 44. In Article 64, paragraph 2 shall be amended and shall read as follows: "(2) The beneficiary who concluded a seasonal contract shall pay to the Administration a seasonal tariff according to the volume of water consumed, according to the contractual conditions, which may provide for the payment to be made before the delivery of the water." 45. Article 65 is amended and shall read as follows: "" Art. 65. -The administration can charge the beneficiaries of the systems and facilities for dissecting and drainage and defense works against floods and combating the erosion of the soil under its administration. The tariffs shall be calculated separately for each arrangement or work, on the basis of fixed costs and variable costs, as the case may be, of operation, maintenance and repair of that arrangement or works. " 46. Article 67 (1), (c) and (2) and (3) shall be amended and shall read as follows: " c) the payment to the electricity supplier of the cost of electricity, the penalties invoiced by the electricity supplier and the settlement of the expenses with the thermal energy pumping water for irrigation through the delivery points the water provided for in the multiannual (2) The subsidies for the irrigation season of each year shall be granted only to organizations and federations that have paid their own contributions at the annual rates until November 30 of the previous year. Organizations and federations newly constituted after this date can benefit from subsidies if they pay their own contribution at the annual rates, within 30 days from the date of establishment. (3) The subsidies from the state budget for the fulfilment of the payment obligations of the organizations and federations, provided in par. ((1) lit. a) and b), shall be granted at their request and shall be assigned to the Administration or to another supplier of water for irrigation, staggered, based on the reception of the services provided for in the multiannual contract. " 47. In Article 67, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "" (3 ^ 1) At the request of organizations and federations, subsidies may be allocated in advance on the basis of the estimated need for each of the activities referred to in par. ((1) lit. b) and c). " 48. In Article 68, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The mode of allocation and granting of subsidies from the state budget for the coverage of some categories of expenses necessary to carry out land improvement activities is established by methodological norms that are approved by order of Minister for Agriculture and Rural Development " 49. Article 69 is amended and shall read as follows: "" Art. 69. -For the realization of new facilities or irrigation works or for the rehabilitation of the existing ones, the beneficiaries can receive subsidies from the state budget or other public funds, covering totally or partially the expenses incurred with the realization 50. Article 70 (2) shall be repealed. 51. in Article 73, points d), n) and o) shall be amended and shall read as follows: " d) attest to natural and legal persons who show their intention to carry out activities of land improvement, studies, design, execution of works and services and/or manufacturing and use of specific installations and equipment these activities, according to the methodological norms that are approved by order of the Minister; ............................................................................. n) approve the rehabilitation and modernization of existing land improvement facilities and the execution of new facilities, at the proposal of the Administration, organizations and federations; o) apply the measures provided in art. 38 38 para. ((2) lit. b) and c) through the State Domains Agency, and those provided in lett. a), d) and e) and in art. 38 38 para. ((3) by Administration. " 52. In Article 75, letter c) is amended and shall read as follows: "c) endorses the establishment of organizations and federations, including their proposed territories, on the basis of the technical reference drawn up by the Administration;". 53. In Article 81, after letter d) a new letter, letter e) is inserted, with the following contents: " e) the destruction, degradation or non-use of works of land improvement or preventing the taking of measures to preserve such works, as well as the removal of these measures, constitutes the crime of destruction and punishment according to the provisions of the Criminal Code. " 54. In Article 82 (1), the letters d-g) shall be amended and shall read as follows: " d) the execution of constructions or the establishment of plantations in the protection zone within the land improvement facilities, without the prior opinion and agreement of the Administration, of the organizations or federations or, as the case may be, of legal entities or physical exploiting these works; e) the cutting of trees, shrubs and seedlings from the curtains and forest plantations of anti-erosion protection, in violation of forestry norms, as well as grazing on embankments, dams and anti-erosion forest plantations; f) pollution of the area of land improvement facilities and related technical spaces, of the area of protection of works or land within the land improvement facilities, the evacuation of stormwater, housekeepers and from the activity industrial in the channels in the land improvement facilities, as well as the traffic with the vehicles on embankments and dams, without the prior consent of the Administration; g) construction execution or modification or extension of constructions in land improvement facilities, without the prior approval and agreement of the Administration, organizations or federations or of the owner of these facilities or with violation of the conditions laid down in the 55. in Article 82 (1), after letter i), two new letters, j) and k) shall be inserted, with the following contents: " j) discharge of waste and domestic water, sewerage networks of localities or industrial objectives, natural or legal persons, land improvement infrastructure, failure to comply with the conditions laid down by its administrator; k) carrying out excavations, loan pits or ditches in dams, embankments or in areas of protection of these works, as well as extracting the earth or other materials from the defense works, without the prior consent of the Administration. " 56. In Article 82 (2), points a)-d) shall read as follows: "" a) those referred to in lett. c) and d), with a fine of 700 lei to 1,500 lei; b) those referred to in lett. a), with a fine of 1,500 lei to 3,000 lei; c) those referred to in lett. b), e) and f), with a fine of 3,000 lei to 7,000 lei; d) those referred to in lett. g)-k), with a fine of 7,000 lei to 15,000 lei. " 57. In Article 82, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The contravention sanctions provided in par. (2) shall also apply to legal persons; in this case the minimum and maximum limits of fines shall be increased by 100%. " 58. In Article 82, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) A share of 75% of the amount of contravention fines imposed and collected under this law shall remain available to the Administration and shall be distributed as follows: a) 60% for the Land Improvement Fund; b) 40% for the purpose of creating a staff incentive fund. ((5) The methodology for granting incentives for own staff is approved by order of the Minister of Agriculture and Rural Development. " 59. Article 86 is amended and shall read as follows: "" Art. 86. -In the first 3 years of its establishment the Administration will contract the purchase of maintenance and repair services with SNIF, through negotiation with a single source, according to the law. In cases where SNIF cannot provide these services, the Administration will assign the service contracts to third parties suppliers, under the conditions of art. 40 40 para. ((1). The list of current maintenance works in public utility land improvement facilities, other than irrigation, which is executed by the Administration with its own staff, is approved by order of the Minister of Agriculture and rural development. (2) After the expiry of the period of 3 years of direct entrustment to the SNIF, the Administration will contract the works of operation, maintenance and repair of the infrastructure in the interior irrigation facilities that are not on the territory of a organizations or federations, with third-party service providers. " 60. Article 89 is amended and shall read as follows: "" Art. 89. -Until December 31, 2009, the Administration is reorganized and will have in the structure territorial branches with legal personality, which have subordinated units of administration at the level of land improvement facilities or land improvement facilities. " 61 articles 93 and 94 shall be repealed. 62. Article 95 shall read as follows: "" Art. 95. -2 years after the date of establishment of the Administration, Government Emergency Ordinance no. 23/2000 on the establishment of the National Society "Land Improvement"-S.A. by reorganizing the Autonomous Regia of Land Improvement, approved with amendments and completions by Law no. 440/2001 , as amended and supplemented, shall be repealed. After this date, SNIF will be subject to the privatization procedure, in accordance with the plan of global reorganization of the SNIF, approved by Government decision. " 63. Annex no. 1, the meaning of the third term, "Desecation and drainage arrangement", will be as follows: " Drainage and drainage arrangement-a large scale network of structures, pumps, canals and pipes, which can be used to transport water from one or more dissecting and drainage systems to a natural water or emissary course and which can be used. includes the land, buildings, access roads and related infrastructure, necessary to exploit, maintain and repair the component design and systems. " 64. Annex no. 1, the meaning of the seventh term, "Beneficiaries", will be as follows: " Beneficiaries-any natural or legal person holding land located within the framework of a land improvement arrangement and benefiting from land improvement services. In the case of irrigation facilities, the beneficiaries are the organizations and federations that have concluded with the Administration or other water suppliers for irrigation a multi-annual contract, as well as the other land owners or people who own land in administration or in use according to the law and which have concluded with water suppliers for irrigation a seasonal contract and, as the case may be, a service contract. " 65. Annex no. 1, after the twentieth term, "System of irrigation", a new term is introduced, "Season of irrigation of each year", with the following contents: "Season of irrigation of each year-the period of time between October 1 of this year and September 30 of the following year." + Article II Within 30 days of the entry into force of this Law, the National Society "Land Improvement"-S.A. and the National Administration of Land Enhancements will proceed to the conclusion of a protocol amending the Protocol. Initial pre-takeover, provided for in art. 44 of the Land Improvement Law no. 138/2004 , with subsequent amendments and completions. The transfer of goods between the parties will be made respecting the methodology for the implementation of the initial takeover-takeover protocol and will be approved by Government decision. + Article III Land Improvement Law no. 138/2004 , published in the Official Gazette of Romania, Part I, no. 369 of April 28, 2004, with subsequent amendments and completions, as well as 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 Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. THE PRESIDENT OF THE CHAMBER OF BOGDAN OLTEANU SENATE PRESIDENT, NICOLAE VACAROIU Bucharest, October 2, 2008. No. 167. -------