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Law No. 100 Of 3 June 2010 On Afforestation Of Degraded Lands

Original Language Title:  LEGE nr. 100 din 3 iunie 2010 privind împădurirea terenurilor degradate

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LEGE no. 100 100 of 3 June 2010 on afforestation of degraded land
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 376 376 of 7 June 2010



The Romanian Parliament adopts this law + Article 1 They are subject to the provisions of this law degraded land, regardless of the form of property, which can be improved by afforestation works, in order to protect the soil, restore the hydrological balance and improve environmental conditions. + Article 2 The object of this law is the afforestation of degraded land, as defined in section 48 48 of the Annex to Law no. 46/2008 - Forest code , with subsequent amendments and completions. + Article 3 It shall be constituted in the areas of improvement as defined in point (a). 24 24 of the Annex to Law no. 46/2008 , with subsequent amendments and completions, the degraded land provided in art. 2, which can be improved by afforestation. + Article 4 (1) The inventory of the degraded land covered by the breeding action by afforestation shall be made by the commission provided for in art. 5, in compliance with the provisions of the regulation on the establishment of land groups entering the breeding perimeters, the operation and the duties of the specialists commissions, constituted for the delimitation of the breeding perimeters, which shall be approve by decision of the Government within 90 days from the entry into force of this Law. (2) Inventory of degraded land provided in par. ((1) constitutes a permanent obligation. (3) Until the entry into force of the regulation provided in par. (1) the provisions apply Government Decision no. 786/1993 for the approval of the Regulation on the establishment of land groups entering the breeding grounds, as well as the competence, operation and duties of the committees of specialists established for the delimitation of the breeding perimeters. + Article 5 (1) The identification, delimitation and constitution of the breeding perimeters at the level of the localities shall be made by a commission established by order of the prefect, at the proposal of the executive director of the department for agriculture and rural development. The Commission shall be constituted within 30 days of the entry into force of this Law and shall consist of: a) the mayor of the commune, the city or municipality, as the case may be, as chairman of the commission; b) the representative of the Department for Agriculture and Rural Development c) representative of the office of cadastre and real estate advertising; d) representative of the county office of pedological and agrochemical studies; e) representative of the territorial inspectorate of forestry and hunting regime; f) representative of the county environmental protection agency; g) the representative of the forestry directorate or of the senior forestry structure and of the state or private forest district, as the case may be, as secretary; h) the representative of the land improvement sector at the local level; i) specialists from the research and design units and subunits in the fields of land improvement for agriculture, forestry, degraded land afforestation, agrochemical and pedological research; j) specialists from the Ministry of Environment and Forestry, in the case of areas with a special interest to improve environmental conditions or to protect them through afforestation actions. (2) I take exception to the provisions of par. (1) lands that are included on the List of contaminated sites that are in the preliminary or detailed investigation phase, according to the provisions Government Decision no. 1.408/2007 on the methods of investigation and evaluation of soil and subsoil pollution, or which are subject to projects for the restoration of the geological environment and terrestrial ecosystems, according to the provisions Government Decision no. 1.403/2007 on the restoration of areas where soil, subsoil and terrestrial ecosystems have been affected. (3) In the case of identification of degraded land within a protected natural area, the legal provisions on the regime of protected natural areas, the conservation of natural habitats, flora and wildlife will be observed. + Article 6 (1) The documentation drawn up by the commission provided for in art. 5 5 is approved according to the provisions art. 82 82 para. ((4) of the Land Fund Law no. 18/1991 , republished, with subsequent amendments and completions. (2) The feasibility study includes in the annex the cadastral documentation drawn up in the stereographic projection system 1970, received by the cadastre and real estate advertising office in whose territorial area the buildings are located, with the award of Cadastral numbers. At the request of the owners, land books are opened for the respective buildings, according to the regulations in force. (3) At the request of the central public authority responsible for forestry, through its territorial forestry units, it is noted in the land book that the building is subject to the afforestation procedure according to the provisions of this law. (4) The cancellation of the notation from the land register shall be made at the request of the central public authority responsible for forestry, through the territorial structures, following the completion of the procedure or the waiver of investments. + Article 7 (1) The degraded land, fit for afforestation, set up in breeding grounds, shall be included in the national forest fund within a maximum of 30 days from the date of their transmission in the administration of the National Forest Regia-Romsilva, for the public lands of the state, and to the establishment of the breeding perimeters, for the other lands. (2) The land referred to in par. ((1) shall be included in existing forestry facilities. (3) The conclusion of the management or forestry service contracts, as the case may be, of the land referred to in par. (1) is carried out on the date of their passage in the administration of the National Forest Regia-Romsilva, for the public property land of the state, and within a maximum of 30 days from the reception of afforestation works, for the stands of Breeding perimeters installed on land other than those of the State. + Article 8 Technical-economic documentation and works necessary for the improvement by afforestation of the degraded land provided in art. 2, constituted in the perimeters of breeding, shall be executed by specialized units, attested by the central public authority responsible for forestry, under the law. + Article 9 (1) The degraded land public property of the state, constituted in the areas of improvement, shall be transmitted by Government decision in the administration of the National Forest Regia-Romsilva, in order to improve through afforestation, and shall be included in national forest fund. (2) The transmission provided in par. (1) can be done if the land area is at least 0.25 ha, in the case of isolated land, and regardless of the surface, in the case of land bordering the public property forest fund of the state. + Article 10 (1) In the case of the donation of degraded land privately owned to the state, in order to execute the improvement works by afforestation, these lands are taken into administration by the National Forest Regia-Romsilva and are included in the fund forest public property of the state. (2) The notarial fee regarding the donation documents for the land provided in par. (1) shall be borne by the National Forest Regia-Romsilva. + Article 11 The central public authority responsible for forestry mandates the National Forest Regia-Romsilva to buy, on behalf of the state, from natural or legal persons, degraded land, for afforestation, under the law, within the limits of annual funds allocated from the state budget. + Article 12 The prevention in any form by the natural and legal persons of the execution of works of improvement by afforestation of degraded land constitutes contravention and is sanctioned with a fine of 300 lei to 1,200 lei. + Article 13 (1) The grazing on degraded land improved by afforestation is prohibited. (2) Failure to comply with par. (1) constitutes a contravention and is sanctioned with a fine of 1,000 lei to 5,000 lei. + Article 14 (1) The finding of contraventions and the application of sanctions provided in art. 12 and 13 are made by the empowered forestry personnel, by the police officers and agents, as well as by the officers and subofficers of the Romanian Gendarmerie. ((2) Contraventions provided for in art. 12 and 13 are applicable to the provisions of 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. + Article 15 The technical-economic documentation necessary to carry out the afforestation works of the degraded land shall be elaborated, Law no. 500/2002 on public finances, with subsequent amendments and completions, and of the other regulatory acts applicable to public investment. + Article 16 The reception of degraded land afforestation works is carried out with the mandatory participation of: a) the land owner; b) representative of the forestry territorial unit of the central public authority responsible for forestry; c) representative of the specialized unit for the execution of afforestation works. + Article 17 For the degraded land set up in breeding grounds, other than those in public property of the state, the security of the works shall be carried out in accordance with the provisions Law no. 46/2008 , with subsequent amendments and completions. + Article 18 (1) Financing sources for the purchase of land according to the provisions of art. 11, for the preparation of technical-economic documentation, for the afforestation of degraded land, for the maintenance and security of these works, until the declaration of closure of the state of massive, are as follows a) the fund for the improvement of the land fund, Law no. 18/1991 , republished, with subsequent amendments and completions; b) the annual environmental fund; c) allowances from the state budget; d) sponsorships from companies, foundations and the like; e) non-reimbursable external financial sources or long-term external credits; f) voluntary contribution of natural or legal persons, interested in the execution of improvement works; g) the forest conservation and regeneration fund, constituted according to the provisions art. 33 33 of Law no. 46/2008 , with subsequent amendments and completions; h) other legal sources. (2) The central public authority responsible for forestry, as the technical coordinator of the degraded land afforestation actions, annually requests the inclusion in the state budget of the funds necessary for their afforestation in the year Next. + Article 19 Art. 12 and 13 shall enter into force 30 days after 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 art. 75 and ale art. 76 76 para. (2) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, June 3, 2010. No. 100. --------