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Law No. 213 On November 15, 2011 For The Modification And Completion Of The Law #. 289/2002 Concerning Forest Protection Curtains

Original Language Title:  LEGE nr. 213 din 15 noiembrie 2011 pentru modificarea şi completarea Legii nr. 289/2002 privind perdelele forestiere de protecţie

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LEGE no. 213 213 of 15 November 2011 to amend and supplement Law no. 289/2002 on protective forest curtains
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 825 825 of 22 November 2011



The Romanian Parliament adopts this law + Article I Law no. 289/2002 on protective forest curtains, published in the Official Gazette of Romania, Part I, no. 338 of 21 May 2002, shall be amended and supplemented as follows: 1. Article 1 is amended and shall read as follows: "" Art. 1. -The provisions of this law apply to protective forest curtains, as defined in section 4.2. 23 23 of the Annex to Law no. 46/2008 -Forest Code, with subsequent amendments and completions. " 2. Article 4 is amended and shall read as follows: "" Art. 4. -(1) The network of protective forest curtains forms the national system of protective forest curtains. (2) According to this law, the national system of forest protection curtains is declared by public utility. (3) The central public authority responsible for forestry shall ensure that the national system of protective forest curtains is carried out. " 3. Article 5 shall be repealed. 4. In Article 7, after paragraph 5, two new paragraphs are inserted, paragraphs 6 and 7, with the following contents: " (6) In case of establishment of protective forest curtains 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. (7) If the lands on which the protective forest curtains are installed are included on the list of contaminated sites, the legal provisions on soil and subsoil protection will be observed. " 5. Article 8 is amended and shall read as follows: "" Art. 8. -(1) The need to establish protective forest curtains shall be based on studies drawn up by forestry research institutes, the services of which are purchased under the conditions of public procurement legislation. The studies carried out are subject to the approval of the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sisesti" ". (2) The preparation of technical-economic documentation for the establishment of protective forest curtains is made by legal entities attested according to the law, whose services are purchased under the conditions of public procurement legislation. ((3) The execution of the protective forest curtains is based on the technical-economic studies that necessarily include: a) the technical elements necessary for the installation of protective forest curtains: orientation, width and distance between the protective forest curtains, planting schemes, species indicated for afforestation; b) maintenance work until the declaration of closure of the massive state; c) the specific investment for each type of forest curtain of protection, as well as other necessary data; d) identification of owners; e) plans for the placement of protective forest curtains; f) cadastral documentation drawn up in the stereographic system of projection 1970, endorsed by the cadastre and real estate advertising office in whose territorial area the buildings are located, with assignment of cadastral numbers. At the request of the owners, land books will be opened for the respective buildings, according to the regulations in force. (4) At the request of the central public authority responsible for forestry, through its territorial forestry structures, it will be noted in the land book that the building is subject to the afforestation procedure according to the provisions of this law. (5) By immovable, for the purposes of this law, it is understood the agricultural land on which protective forest curtains are established. (6) The cancellation of the notaries in the land register shall be made at the request of the central public authority responsible for forestry through the territorial forestry structures, following the completion of the procedure or the waiver of investments. (7) The approval of the technical-economic documentation for the establishment of forest protection curtains shall be made by the technical-economic commission established at the level of the central public authority responsible for forestry. (8) The execution of forest protection curtains in Natura 2000 sites shall be carried out after obtaining the regulatory act resulting from the appropriate assessment procedure. " 6. In Article 9, paragraph 1 shall be amended and shall read as follows: "" Art. 9. -(1) The establishment of protective forest curtains is mandatory for natural and legal persons whose areas have been included in the documentation provided in art. 8 8 para. ((2). ' 7. Article 9 (3) and (4) shall be repealed. 8. After Article 9 a new article is inserted, Article 9 ^ 1, with the following contents: "" Art. 9 9 ^ 1. --(1) The realization of the national system of protective forest curtains, regardless of the holders of the property right, shall be made with their written consent, under the conditions provided by art. 101 101 of Law no. 46/2008 , with subsequent amendments and completions. (2) In the situation referred to in par. (1), the holders of the right of ownership shall be notified by the specialized territorial structures of the central public authority responsible for forestry, regarding: a) the necessity, the public utility and the location of the protective forest curtains; b) the possibility to express their agreement for the establishment of the forest protection curtain, and will continue to remain owners and benefit from the compensation provided for in art. 101 101 of Law no. 46/2008 , with subsequent amendments and completions; c) the possibility of triggering the expropriation procedure for the cause of public utility, if they do not express their consent. (3) Titulation of the right of property shall be informed about the realization of the National System of Forest Protection Performer by the specialized territorial structures of the central public authority responsible for forestry, by display on the institution's website. (4) The written expression of the agreement by the holders of the property right shall be made within 45 days from the date of their notification, by the procedure provided in par. ((2). (5) The written agreement is accompanied by a document proving the right to property. Art. 8 8 para. ((2) shall apply accordingly. (6) If the holders of the property right do not express their consent to carry out the works provided in par. (3), the expropriation procedure for the cause of public utility is started, under the conditions of this law, expropriator being the Romanian state through the National Forest Regia-Romsilva. " 9. Article 10 is amended and shall read as follows: "" Art. 10. -The lands on which the protective forest curtains are installed have a forestry destination and are introduced into forest facilities within 90 days of the reception of afforestation works. " 10. After Article 10, a new article is inserted, Article 10 ^ 1, with the following contents: "" Art. 10 10 ^ 1. -The reception of the works of realization of the National System of Forest Protective Curtains is made with the mandatory participation of: a) the land owner; b) the representative of the forestry specialized territorial structure of the central public authority responsible for forestry; c) representative of the specialized unit for the execution of afforestation works. " 11. After Article 10 ^ 1, a new chapter is inserted, Chapter II ^ 1 "expropriation procedure", comprising Articles 10 ^ 2-10 ^ 13, with the following contents: "" CHAPTER II ^ 1 Expropriation procedure Article 10 ^ 2. -(1) For each building subject to expropriation, the expropriator shall draw up a technical-economic documentation comprising: a) cadastral documentation; b) confirmation that the holder of the property right has not expressed the agreement provided in art. 9 ^ 1 para. ((4). (2) At the level of the administrative-territorial unit, the plan is drawn up with the site of the work containing the expropriated buildings and the assigned cadastral numbers, endorsed by the cadastre office and real estate advertising. (3) The content of cadastral documentation shall be established on the basis of protocol between the central public authority responsible for forestry and the National Agency for Cadastre and Real Estate Advertising. (4) The plan with the site of the work shall be drawn up on each administrative-territorial unit and shall be endorsed by the National Agency for Cadastre and Real Estate Advertising, through its subordinate units. After assigning the cadastral numbers of all buildings subject to expropriation, the plan with the site of the work will contain the cadastral numbers allocated to the buildings in question. (5) The plan with the site of the work accompanied by a centralizer including the owners ' names, the address of the property, the area of the property, the cadastral number, the land book number and the offer of compensation is made public by the provided in art. 10 ^ 5 para. (1) by displaying at the premises of the respective local council, where it will remain displayed until the expropriation procedure is completed, as well as by displaying on the expropriator's own website. Art. 10 ^ 3. --(1) Imobiles subject to expropriation for the realization of protective forest curtains shall be evaluated by authorized assessor experts, whose services are purchased according to the legislation on public procurement. (2) All expenses for the acquisition of buildings provided in par. (1), including those before the courts, shall be borne from the state budget by the budget of the central public authority responsible for forestry. Article 10 ^ 4. -(1) Based on the documentation provided in art. 10 ^ 2 para. (1), the Government approves, by decision, the triggering of the expropriation procedure, the granting of the expropriator of all buildings delimited in the plan with the site of the work on each administrative-territorial unit, the global amount of compensation estimated by the expropriator on the basis of an evaluation report drawn up by expert assessors and the time limit for the expropriator. (2) It is forbidden to issue building permits and administrative acts on the buildings contained in the Government's decision provided in par. ((1), after its entry into force. (3) At the request of the expropriator, the cadastre and real estate advertising office will intabulate the ownership of the Romanian state, through the National Forest Regia-Romsilva, according to the regulations in force. (4) The amount provided in par. (1) may be supplemented, by Government decision, at the request of the expropriator, following the realization of the evaluation reports of the buildings subject to expropriation, for each administrative-territorial unit, as well as in any other situations, Thoroughly motivated. Article 10 ^ 5. -(1) Within 5 days from the date of entry into force of the Government decision provided for in art. 10 ^ 4 para. (1), the expropriator appoints, by decision of the head of the specialized territorial structure of the central public authority responsible for forestry, a commission to verify the ownership of the expropriated buildings and the expropriation at the level of each administrative-territorial unit within which expropriation is carried out, hereinafter referred to as the Commission. (2) Proof of ownership of expropriated buildings shall be made by any means of proof permitted by law, including in the areas in which it applies Decree-Law no. 115/1938 for the unification of the provisions on land books, depending on how to acquire the rights-conventional, judicial, legal, succession. (. The Commission shall be composed of 5 members, as follows: a) a legal adviser to the forestry territorial structure within the central public authority responsible for forestry-president; b) the mayor of the administrative-territorial unit; c) 3 representatives of the National Forest Regia-Romsilva, of which one with legal studies-members. (4) The Commission constituted according to paragraph 1. ((1) may work in the presence of at least 3 members. ((5) The decisions of the Commission shall be taken by the majority vote (6) The plan with the site of the work and the centralizer provided for in 10 ^ 2 para. (5) shall be brought to the public knowledge by the commission. Art. 10 ^ 6. -(1) In order to obtain compensation, the owners of the buildings subject to expropriation shall submit, within 10 days from the date of bringing to public knowledge, a written request and the authentic declaration of acceptance of the amount compensation. (2) Within 30 days from the submission of the documents provided in par. (1), the owners on the buildings are sent the due compensation, in the bank account indicated by them. (3) If the documents referred to in par. (1) or the owners cannot be identified, the compensation for the expropriated property shall be preserved in an interest-bearing account and will be issued to persons who prove the right of property. Article 10 ^ 7. -(1) If the compensation relating to the same building is required in the contest or in contradiction by several persons apparently entitled, the compensation will be recorded in the name of all, and will be divided according to the civil law. (2) The dismissal will be issued only to holders of property rights proven by genuine acts and/or final and irrevocable court decisions. (3) Any disputes postpone the payment of damages, but do not suspend the transfer of ownership to the expropriator. (4) If the buildings to be expropriated are the subject of a succession, and the successors are not known or cannot present a certificate of heir, if the succession procedure is opened, the compensation will be recorded on account of Apparent heirs. (5) In the event that the succession procedure is not open, a representative of the expropriator is entitled to request the opening of the succession, and the amount representing the compensation will be recorded in a separate account on the heirs Appearances. (6) The compensation will be issued only to the successors who will prove their quality with the certificate of heir or with the final and irrevocable court decision. (7) If the holder or one of the holders of the actual right in the contest does not agree with the established compensation, the amount representing the compensation shall be recorded in the name of the holder or, as the case may be, of the holders. ((8) The separation will be issued on the basis of the request made in this regard, accompanied by the authentic declaration of acceptance of the amount of compensation established by the decision of the commission provided for in art. 10 ^ 5 para. ((1) or, as the case may be, the court decision establishing the amount of compensation, final and irrevocable. Art. 10 ^ 8. -(1) The identification of the buildings subject to the expropriation in dispute is made only on the basis of a cadastral documentation, drawn up according to the legal regulations in force. (2) At the request of the commission, the applicant is required to complete the submitted documentation on the status of holder of the real right for which he requests the compensation within 15 days from the date of receipt of the notice (3) Otherwise, the commission will record the compensation in the name of the applicant, but its release will be made only on the date on which the applicant will prove his right under the conditions of this law. (4) The decision establishing the compensation shall be communicated to the applicant, as well as to the other holders or, as the case may be, to the apparent holders, shall be displayed, in the extract, at the premises of the local council within whose radius the expropriated property is located and displays, in the extract, on the website of the expropriator. (5) Within no more than 90 days from the date of issue of the commission's decision, the expropriator shall make, by bank transfer or cash, the payment of compensation to the holders of real rights on the expropriated buildings or their record, in Art. 10 ^ 7 para. ((1), (4) and (7). Art. 10 ^ 9. -(1) Expropriate dissatisfied with the amount of compensation recorded under the conditions of art. 10 ^ 7 para. ((1), (4) and (7) may be addressed to the competent court within 30 days of the date on which the decision of the commission was communicated. (2) Any person who considers himself entitled to compensation for the expropriation of the property may apply to the competent court within 3 years from the date of displaying the judgment establishing compensation at the premises of the local council, under the conditions of 10 ^ 8 para. ((4). (3) In calculating the amount of compensation, experts and the court will report at the time of transfer of ownership. (4) In the case provided in par. (3), the release of the compensation shall be made by the expropriator within 90 days from the date of the request, on the basis of the final and irrevocable court decision establishing its amount. Art. 10 ^ 10. -(1) Legal acts ending after the date of communication of the decision of the commission provided for in art. 10 ^ 8 para. (4) or after the date of payment or, as the case may be, of the record of the amounts established as compensation, for the constitution or transfer of real rights having as object the buildings affected by expropriation, are hit by absolute nullity. (2) The transfer of buildings from private property to public property of the state shall operate by right on the date of payment of compensation for expropriation or, as the case may be, on the date of their record, under the conditions of this law. Art. 10 ^ 11. -After the procedures provided for in art. 10 ^ 6, owners on buildings are obliged to allow the access of the expropriator for the realization of protective forest curtains. Article 10 ^ 12. -The facts of natural and legal persons by which they prevent the realization of forest protection curtains constitute contravention and are sanctioned with a fine of 300 lei up to 1,200 lei, if the form in which it takes place does not constitute a The more serious act punishable by the law Art. 10 ^ 13. -(1) The finding of the contravention and the application of the sanction provided in art. 10 ^ 12 are made by the empowered forestry personnel, the police officers and agents and the officers and subofficers of the Romanian Gendarmerie. (2) The provisions of art. 10 ^ 12 relating to 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. ((3) By way of derogation from provisions art. 8 8 para. (3) and (4) of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, the fines established according to this law are made income to the state budget. (4) If the act provided for in art. 10 ^ 12 constitutes a crime, the provisions of criminal law apply. The competence of finding the crime belongs to the specialized structures of the state, according to the legislation in 12. In Article 12, paragraphs 1 and 4 shall be amended and shall read as follows: "" Art. 12. --(1) Holders with any title of protective forest curtains are required to take measures to prevent and extinguish fires, comply with the provisions on forest protection and the movement of wood materials, provided for in Law no. 46/2008 , with subsequent amendments and completions, and in other domain-specific regulations, and to execute care works, according to technical norms. ..................................................................... (4) The protective forest curtains shall be administered by forest ocoals, which shall ensure their security against theft and unauthorised grazing. " 13. Article 13 shall be amended and shall read as follows: "" Art. 13. -The reduction of the surface of the protective forest curtains, regardless of the form of property, is prohibited. Provisions art. 35 35-37 of Law no. 46/2008 , as amended and supplemented, shall remain applicable. '; 14. Article 17 is amended and shall read as follows: "" Art. 17. -The grazing is prohibited in the protective forest curtains. Provisions art. 53 53 of Law no. 46/2008 , as amended and supplemented, shall remain applicable. '; 15. Article 18 is amended and shall read as follows: "" Art. 18. -(1) The sources of financing for the preparation of technical-economic documentation for the realization of protective forest curtains, as well as for the realization of these works are as follows: a) fund to improve the land fund and allowances from the state budget, according to art. 91 91 of Law no. 46/2008 , with subsequent amendments and completions; b) the forest conservation and regeneration fund, constituted according to art. 33 33 of Law no. 46/2008 , with subsequent amendments and completions; c) environmental fund; d) allowances from the local budgets of communes, towns, municipalities and counties; e) sponsorships from companies, foundations and others; f) non-reimbursable external financial sources or long-term external credits; g) voluntary contribution of natural or legal persons, interested in the execution of improvement works; h) other legal sources. (2) The central public authority responsible for forestry, as technical coordinator of the actions for the implementation of the national system of forest protection curtains, will request annually the inclusion in the state budget of the necessary funds for their afforestation in the following year. ((3) The financing of the management of forest protection curtains and their security against theft and unauthorized grazing shall be ensured from the state budget, through the budget of the central public authority responsible for forestry, within the limit budget appropriations approved with this destination. ' 16. Article 20 is amended and shall read as follows: "" Art. 20. -(1) The central public authority responsible for forestry, together with the other ministries concerned in the creation of protective forest curtains, will draw up by 30 May each year the situation of the existing funds, according to sources provided in art. 18 intended for the realization of the National System of protective forest curtains, on each type, for the following year. (2) The funds necessary for the financing from the state budget of the protection forest curtains will be requested annually by the specialized department of the central public authority responsible for forestry until May 30, to be included in the state budget for the following year, with that destination. (3) The amounts set up under the conditions laid down in art. 18 18 will be deposited in interest-bearing bank accounts and will be used in the financial year of the following year, except for allowances from the state budget. " 17. Article 21 is amended and shall read as follows: "" Art. 21. -The central public authority responsible for forestry will allocate every year the funds necessary to carry out forest land protection curtains to prevent and combat the phenomenon of drought and desertification. " 18. In Article 25, paragraphs 1 and 4 shall be amended and shall read as follows: "" Art. 25. -(1) Cutting or removing from the roots, without right, of trees, seedlings or shoots from the protective forest curtains, regardless of the form of property, by the owners, keepers or by any other person, if the value of the damage is more than 5 times the average price of a cubic meter of wood on the foot or if the value is below this limit, but the act has been committed at least twice within 2 years, is punishable by imprisonment from 6 months to 4 years or with days of community service. ...................................................................... (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. " 19. Article 27 is amended and shall read as follows: "" Art. 27. -(1) The central public authority responsible for forestry is the coordinator of the Program for the realization of the National System of Forest Protection and collaborates with the Ministry of Agriculture and Rural Development, Administration and Interior, Ministry of Transport and Infrastructure, Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sisesti", as well as with other interested institutions and economic operators. (2) In the case of expropriated buildings, the central public authority responsible for forestry shall ensure the annual update of the centralized inventory of the public property of the state. " 20. Article 31 is amended and shall read as follows: "" Art. 31. -The central public authority responsible for forestry will report annually to the Government the situation of the identification of land intended for the realization of the National System of Forest Protection Curtains. " 21. Article 34 shall be repealed. + Article II Law no. 289/2002 on protective forest curtains, published in the Official Gazette of Romania, Part I, no. 338 of May 21, 2002, 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. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, November 15, 2011. No. 213. _________