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Law No. 289 Of 15 May 2002 (Republished) On Windbreaks

Original Language Title:  LEGE nr. 289 din 15 mai 2002 (*republicată*) privind perdelele forestiere de protecţie

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LEGE no. 289 289 of 15 February 2002 (** republished) (* updated *) on protective forest curtains *) ((updated until 1 March 2015 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, as amended, giving the texts a new numbering. Law no. 289/2002 on the protective forest curtains was republished in the Official Gazette of Romania, Part I, no. 928 928 of 28 December 2011. + Chapter I General provisions + Article 1 The provisions of this law apply to protective forest curtains, as defined in section 23 23 of the Annex to Law no. 46/2008 -Forest Code, with subsequent amendments and completions. + Article 2 According to this law, the protective forest curtains are of the following types: a) for the protection of agricultural land against harmful climatic factors and for the improvement of climatic conditions in the perimeter of the apparatus; b) anti-erosion, soil protection subject to erosion phenomena; c) for the protection of communication and transport routes, in particular against snowfall; d) for the protection of levees and banks against currents, floods, ice and others; e) for the protection of localities and various economic and social objectives. + Article 3 (1) Forest protection curtains may, where appropriate, be public or private property and constitute good of national interest. (2) The right of ownership of land with protective forest curtains shall be exercised in accordance with the provisions of this law. + Article 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 the implementation of the national system of protective forest curtains. (4) Within the national system of forest protection curtains is approved the National Program for the realization of forest curtains for the protection of national highways and roads, hereinafter referred to as the Program, provided in the annex that makes integral part of the present law. -------- Alin. ((4) of art. 4 4 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 38 38 of 18 June 2014 , published in MONITORUL OFFICIAL no. 461 461 of 24 June 2014. ((5) The achievement of the investment objectives of the Programme shall be made by: a) National Forest Regia-Romsilva, as contracting authority for the investment objectives related to the Program for land in the public or private domain of the state and for all land included in an objective of investments, regardless of the form of ownership, in the situation where land in the public or private domain of the state is included in the investment objective. The National Forest Administration-Romsilva organizes the procedures for the award of service contracts having as its object the preparation of cadastral documentations in the stereographic projection system 1970 and ensures the performance of service contracts for all land within the investment objective; the topographic plan with the location of the investment objective shall comprise both the land that is expropriated and those that remain private property of natural and legal persons, or public or private property of administrative-territorial units, identified with cadastral number/land registry number; ---------- Lit. a) a par. ((5) of art. 4 4 has been amended by section 4.2 1 1 of art. unique from LAW no. 14 14 of 24 February 2015 , published in MONITORUL OFFICIAL no. 144 144 of 26 February 2015, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 38 38 of 18 June 2014 , published in MONITORUL OFFICIAL no. 461 461 of 24 June 2014. b) the specialized territorial structures of the central public authority responsible for forestry, which are contracting authorities for the land included in an investment objective, which are not found in the situations referred to in lett. a). -------- Alin. ((5) of art. 4 4 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 38 38 of 18 June 2014 , published in MONITORUL OFFICIAL no. 461 461 of 24 June 2014. ((6) Financing of the investment objectives related to the Program shall be provided from non-reimbursable external funds, from the state budget, within the limits of the funds approved annually with this destination in the budget of the Department for Ape, Forests and Fish farming. -------- Alin. ((6) of art. 4 4 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 38 38 of 18 June 2014 , published in MONITORUL OFFICIAL no. 461 461 of 24 June 2014. + Article 5 (1) The provisions of this Law shall also apply to the creation of forest cords. (2) Forest cords are made up of tree plantations and forest shrubs, which unite forest bodies or networks of protective forest curtains, at distances of up to 10 km from each other. They can have widths of up to 30 m and are located at the edge of farmed tarlals, along existing roads, levees and banks or around the localities. In these cases forest cords constitute themselves protective forest curtains and take over their protective functions. + Chapter II Identification of areas where protective forest curtains are required, their location and establishment + Article 6 (1) Forest land protection curtains are established in the areas of the Romanian Plain, the Tisza Plain, the Danube Meadow and the Dobrogea Plateau, frequently affected by drought phenomena. The location is based on technical documentation, as a rule in rectangular networks, staggered, in the order of emergencies, priority having the lands located in the most arid areas. (2) Anti-erosion forest curtains are carried out in all areas of the country, on land in different degrees of degradation. The procedure for the identification and afforestation of degraded land is provided for in Government Ordinance no. 81/1998 ** **) on certain measures to improve the afforestation of degraded land, approved with amendments and additions by Law no. 107/1999 . In this category also falls land with mobile sands, which require afforestation works for their fixation. Note
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** **) Government Ordinance no. 81/1998 on certain measures to improve the afforestation of degraded land, approved with amendments and additions by Law no. 107/1999 ,, was repealed by the provisions of art. 139 lit. c) of Law no. 46/2008 -Forest Code, published in the Official Gazette of Romania, Part I, no. 238 of 27 March 2008, with subsequent amendments and completions.
---------- (3) Forest curtains for the protection of communication and transport routes shall be set up on one side or another on the frequently affected portions of heavy snow deposits. (4) Forest curtains for the protection of levees and banks against currents, floods and ice floes are carried out along them in rectangular alignments, on different widths and lengths, depending on the orography of the land, the speed of the water current, the wave height and the pushing force of the ice. (5) Forest curtains for the protection of localities and various economic and social objectives are carried out around urban and rural communities, polluting industrial units, economic, social, cultural and strategic objectives. (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. + Article 7 (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. + Article 8 (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. 7 7 para. ((2). (2) Forest protection curtains, established with the acceptance of owners of agricultural land and financed with the sources provided in art. 31, remain in their property. + Article 9 (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 for in art. 101 101 of Law no. 46/2008 , with subsequent amendments and completions. (2) In the situation referred to in par. (1), 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 20 days from the date of their notification, by the procedure provided in par. ((2). ---------- Alin. ((4) of art. 9 9 has been amended by section 2 2 of art. unique from LAW no. 14 14 of 24 February 2015 , published in MONITORUL OFFICIAL no. 144 144 of 26 February 2015, which introduces the item 1 1 ^ 1 al art. I of EMERGENCY ORDINANCE no. 38 38 of 18 June 2014 , published in MONITORUL OFFICIAL no. 461 461 of 24 June 2014. (5) The written agreement is accompanied by a document proving the right to property. Art. 7 7 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. + Article 10 The lands on which the protective forest curtains are installed have forestry destination and are introduced into forest facilities within 90 days of the reception of afforestation works. + Article 11 The reception of the national system of the forest protection 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. + Chapter III Expropriation procedure + Article 12 (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 9 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. 15 15 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. + Article 13 ((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 by the state budget, by the budget of the central public authority responsible for forestry. + Article 14 (1) Based on the documentation provided in art. 12 12 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 15 (1) Within 5 days from the date of entry into force of the Government decision provided for in art. 14 14 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 12 12 para. (5) shall be brought to the public knowledge by the commission. + Article 16 (1) In order to obtain compensation, the owners on 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 of 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 17 (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. 15 15 para. ((1) or, as the case may be, the court decision establishing the amount of compensation, final and irrevocable. + Article 18 (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. 17 17 para. ((1), (4) and (7). + Article 19 (1) Expropriate dissatisfied with the amount of compensation recorded under the conditions of art. 17 17 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 18 18 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. + Article 20 (1) Legal acts ending after the date of communication of the commission decision provided for in art. 18 18 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. + Article 21 After the procedures provided for in art. 16, owners on buildings are obliged to allow the access of the expropriator for the realization of protective forest curtains. + Article 22 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 an act more serious punishable by law as offense. + Article 23 (1) The finding of the contravention and the application of the sanction provided in art. 22 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. 22 regarding the 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. 22 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 + Chapter IV Management of protective forest curtains + Article 24 Protective forest curtains are subject to forestry technical norms, developed under the conditions of art. 44, with the purpose of ensuring their sustainable management, in order to exercise the protection functions for which they were established. + Article 25 ((1) Holders with any protection of forest protection 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. (2) Forest bodies, prefects, county and local councils, police units, gendarmerie, fire units and formations, units of the Ministry of National Defence, according to their duties by law, will support holders of protective forest curtains in the actions of guarding the forest vegetation and extinguishing forest fires. (3) At the request of the owners of protective forest curtains, the National Forest Regia-Romsilva, through its territorial units, will take over to guard and manage the respective forest vegetation, based on contracts or conventions concluded with applicants. (4) The protective forest curtains are administered by forest ocoals, which have the obligation to ensure their security against theft and unauthorized grazing. + Article 26 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 , with subsequent amendments and completions, remain applicable. + Article 27 The valorization of wood material from the protective forest curtains is made by the persons referred to in art. 25 25 para. ((1). + Article 28 (1) The harvesting of wood material from the protective forest curtains is allowed only with the prior marking, for a fee, by the forest detour of the extract trees. (2) The thin wood material, diameter less than 10 cm, will be extracted under the guidance of the forestry personnel, without its prior marking. + Article 29 The central public authority responsible for forestry, through the forestry and cinegetic regime commissaries and the forestry ocoals on whose radius it is located, organizes control over how forest and vegetation guard rules apply. forestry from protective forest curtains, as well as those relating to the movement of wood material resulting from these lands. + Article 30 Grazing is prohibited in protective forest curtains. Provisions art. 53 53 of Law no. 46/2008 , with subsequent amendments and completions, remain applicable. + Chapter V Financing of works for the national system of forest protection curtains + Article 31 ((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) the environmental fund; d) allowances from the local budgets of communes, towns, municipalities and counties; e) sponsorships from companies regulated by Company law no. 31/1990 , republished, with subsequent amendments and completions, 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. + Article 32 Preparation of studies and technical-economic documentation for the realization of the protective forest curtains provided in art. 7 is financed from the sources provided in art. 31. + Article 33 (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. 31 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. 31 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. (4) Annually, by order of the head of the central public authority responsible for forestry, the list of investment objectives proposed for funding under the Program is approved. -------- Alin. ((4) of art. 33 33 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 38 38 of 18 June 2014 , published in MONITORUL OFFICIAL no. 461 461 of 24 June 2014. + Article 34 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. + Chapter VI Liabilities and penalties + Article 35 Violation of the provisions of this law attracts, as the case may be, the disciplinary, material, civil, contravention or criminal liability of the guilty person, according to + Article 36 (1) The provisions of this Law shall be supplemented by provisions art. 106-115 of the Land Fund Law no. 18/1991 , republished, with subsequent amendments and completions, of art. 98-100 98-100, 102 and 104-107 of Law no. 26/1996 * *) as well as with the provisions Law no. 31/2000 on the establishment and sanctioning of forest contraventions * *). Note
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* *) Law no. 26/1996 -The Forest Code was repealed by the provisions art. 139 lit. a) of Law no. 46/2008 -Forest Code, published in the Official Gazette of Romania, Part I, no. 238 238 of 27 March 2008, as amended.
** **) Law no. 31/2000 on the establishment and sanctioning of forest contraventions, with subsequent amendments and completions, was repealed by the provisions art. 46 46 of Law no. 171/2010 on the establishment and sanctioning of forest contraventions, published in the Official Gazette of Romania, Part I, no. 513 513 of 23 July 2010, as amended.
---------- ((2) Contraventions provided for in Law no. 31/2000 The provisions of the Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. (3) The fines are made to the state budget. + Chapter VII Final provisions + Article 37 (1) The central public authority responsible for forestry is the coordinator of the Program for the realization of the National System of Forest Protection Performer 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. Note
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*** ***) See the provisions art. 32 32 para. (1) of Government Emergency Ordinance no. 96/2012 , published in the Official Gazette of Romania, Part I, no. 884 of 22 December 2012, approved with amendments and additions by Law no. 71/2013 , with subsequent amendments and completions.
---------- (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. + Article 38 At the level of the counties where networks of protective forest curtains are to be created, county commands are established under the direct responsibility of the prefects, made up of the heads of the county agriculture directorates and the city of Bucharest, the county forestry directorates, other interested institutions, as well as the mayors of the localities, who will periodically analyze the state of implementation of the annual program for the establishment of forest protection curtains at the level of Locality, respectively at the county level. + Article 39 Composition, operation and attributions of the structures provided in art. 37 and 38 will be determined by Government decision * ***), within 60 days from the date of entry into force of this Law. Note
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**** ****) See Government Decision no. 548/2003 on the duties of the Ministry of Agriculture, Food and Forestry as the coordinating ministry of the Program for the realization of the national system of forest protection curtains and the composition, operation and duties of the commands county of analysis of the implementation of the annual program for the establishment of forest protection curtains, published in the Official Gazette of Romania, Part I, no. 365 365 of 29 May 2003.
---------- + Article 40 The government, at the proposal of the Ministry of Environment and Climate Change, will take measures to adapt the structure and activity of the National Forest Regia-Romsilva in the territory, in order to achieve the National Forest curtains protection. + Article 41 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 + Article 42 For land on which protective forest curtains are carried out their holders do not owe the taxes and fees provided by law. + Article 43 Holders of forested land, under the conditions of this law, will ensure with continuity, after the closure of the state of massive, at their own expense, the care, security and protection works of forest vegetation, in compliance with the technical norms Forestry for this category. + Article 44 The central public authority responsible for forestry will develop within 60 days from the date of entry into force of this law forest technical norms for the establishment, care and management of forest vegetation in forest curtains. protection * ****). Note
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***** *****) See Order of the Minister of Agriculture, Food and Forestry no. 636/2002 on the approval of the forestry technical guidelines for the establishment, care and management of forest vegetation in the forest protection curtains, published in the Official Gazette of Romania, Part I, no. 104 104 of 19 February 2003.
---------- + Article 45 This law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I. --------