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Law No. 56 Of 19 March 2010 On The Accessibility Of The National Forest Fund

Original Language Title:  LEGE nr. 56 din 19 martie 2010 privind accesibilizarea fondului forestier naţional

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LEGE no. 56 56 of 19 March 2010 (* updated *) on the accessibility of the national forest fund ((updated until 15 December 2011 *)
ISSUER PARLIAMENT




------------ The Romanian Parliament adopts this law + Chapter I General provisions General provisions + Article 1 ((. The desensitisation of the national forest fund shall contribute to its sustainable management and shall be achieved by: a) road building works; b) works of interventions of the nature of investments on existing roads, in order to maintain their integrity and functionality, including provisional repositions in operation. (2) The works of interventions of the nature of the investments provided in ((1) lit. b) include: reconstitution, consolidation, rehabilitation, transformation and extension works. + Article 2 (1) Based on the analysis of how the current network of roads and forest railways ensure the accessibility of forests for the execution of forestry works, for the prevention and extinction of fires and for the exploitation of forests under conditions ecological and profitability are established annually, on river basins, the priorities of road realization, on physical units and estimated costs within the annual program of accessibility of the forest fund public property of the state. (2) The annual program of accessibility of the forest fund public property of the state, provided in par. ((1), shall be approved by order of the head of the central public authority responsible for forestry. + Article 3 (1) Contracting of the design and execution of works provided for in art. 2 shall be provided by the administrators provided by the legislation in force, for the publicly owned forest fund of the state, and by the forest detour that ensures the administration or forestry services, for the other lands of the national forest fund, in the law. (2) The roads that are carried out under the present law are, as the case may be, public property of the state, public property of administrative-territorial units or private property. + Chapter II Financing of forest accessibility Financing of forest accessibility + Article 4 (1) In order to ensure the accessibility of the national forest fund, the administrators provided by the legislation in force for the forest fund public property of the state and for the administrative-territorial units set up the forest accessibility fund. (2) The forest accessibility fund, provided in par. (1), may also be constituted by the owners of privately owned forest fund. The decision of establishment-decision of the local council, decision of the general meeting, decision of the sole owner, as the case may be-shall be communicated annually, from 1 to 31 December, for the following year, to the forestry district that ensures its administration Forestry services. (3) If the forest fund owners opt for the establishment of the accessibility fund, the forest fields that ensure the administration and the owners for whose forest fund are provided forestry services are obliged to supply the account in which the accessibility fund was established, under the conditions provided by this law. (4) I am an exception to the provisions of para. (1) the administrative-territorial units holding forest fund that is not crossed by forest roads nor require their construction, the accessibility being ensured by the existence of public roads or roads of public utility. (5) The exception provided in par. (4) shall be found by the forestry territorial structures of the central public authority responsible for forestry, at the request of the owner or administrator, as the case may be. + Article 5 (1) The forest accessibility fund provided for in art. 4 4 para. (1) shall be the following resources: a) up to 10% of the value of the wood mass sold and collected under the law of the main and incidental products I, approved by order of the head of the central public authority responsible for forestry; ----------- Letter a) of art. 5 5 has been amended by art. unique from LAW no. 282 282 of 12 December 2011 published in MONITORUL OFFICIAL no. 882 882 of 13 December 2011. b) the amount due to the administrator of the publicly owned forest fund of the state, established art. 42 42 para. ((1) lit. b) of Law no. 46/2008 on the Forest Code, with subsequent amendments and completions. (2) The forest accessibility fund is an interest-bearing fund. The remaining amounts available from this fund at the end of the calendar year shall be carried over to the following year with the same (3) The fund for the accessibility of public property forests of the state shall be constituted in a special account on behalf of the administrators provided by the legislation in force for the publicly owned forest fund of the state and shall be used only by they, under the law. (4) The accessibility fund for the public and private property forests of the administrative-territorial and private property units shall be constituted in a special account and shall be at the disposal of the forest district which ensures the administration or forestry services. (5) The supply of the forest accessibility fund shall be made no later than 15 working days from the date of collection of the value of the resources provided in par. ((1). (6) In the case of the privately owned forest fund, the unused amounts from the forest accessibility fund shall be returned to the owner, upon request. + Article 6 The forest accessibility fund shall be used for: a) design of construction works of forest roads; b) design of intervention works of the nature of investments on existing forest roads; c) execution of works for the construction of new forest roads; d) execution of intervention works of the nature of investments on existing forest roads. + Article 7 The financing of forest roads shall be ensured from the following sources a) the forest accessibility fund; b) the state budget; c) other sources, according to law. + Chapter III Contraventions and penalties Contraventions and penalties + Article 8 (1) The following facts are contraventions: a) violation of art. 5 5 para. ((1) and art. 6 and is sanctioned with a fine of 15,000 lei to 30,000 lei; b) failure to supply the account for the forest accessibility fund within the period provided for in art. 5 5 para. (5) and is sanctioned with a fine of 20,000 lei to 40,000 lei. (2) The legal liability shall be presumed to the head of the forestry unit with legal personality or to the authorized persons with its delegation in the territory. + Article 9 The offender may pay on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of his communication half of the minimum fines provided for in art. 8, the ascertaining agent provided in art. 10 making mention of it in the minutes. + Article 10 Finding of contraventions and application of sanctions provided in art. 8 shall be made by the staff with control powers of the central public authority responsible for forestry and within its forestry territorial structures. + Article 11 The provisions on contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter IV Final provisions Final provisions + Article 12 The methodology for determining the degree of accessibility of the national forest fund and the rules for the construction and rehabilitation of forest roads is approved by order of the head of the central public authority responsible for forestry. + Article 13 Art. 8-11 shall enter into force 30 days from the date of publication of the present law in the Official Gazette of Romania, Part I. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, March 19, 2010. No. 56. --------------