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Law No. 47 Of 19 March 2012 For The Modification And Completion Of The Law #. 24/2007 On The Regulation And Management Of Green Spaces From Built-Up Area Localities

Original Language Title:  LEGE nr. 47 din 19 martie 2012 pentru modificarea şi completarea Legii nr. 24/2007 privind reglementarea şi administrarea spaţiilor verzi din intravilanul localităţilor

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LEGE no. 47 47 of 19 March 2012 to amend and supplement Law no. 24/2007 on the regulation and administration of green spaces in the localities
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 185 185 of 22 March 2012



The Romanian Parliament adopts this law + Article I Law no. 24/2007 on the regulation and administration of green spaces in the localities, republished in the Official Gazette of Romania, Part I, no. 764 of 10 November 2009, shall be amended and supplemented as follows: 1. In Article 3, after letter f) a new letter, letter g) is inserted, with the following contents: "" g) nurseries and greenhouses. ' 2. In Article 4, after letter m) two new letters, letters n) and one are inserted, with the following contents: "" n) the nursery-land on which herbaceous and woody plants are grown and multiplied until the planting for final planting; o) greenhouses-land covered by light constructions for the cultivation of plants. " 3. Article 5 is amended and shall read as follows: "" Art. 5. -For the protection and preservation of green spaces, individuals and legal entities have the following obligations: a) not to dispose of any waste in the territory of green spaces; b) comply with the rules of defense against fires on green spaces; c) not to produce unauthorized cuts or injuries of trees and shrubs, damage to floral and lawn arrangements, destruction of natural musuroses, bird nests and animal shelters, construction and animal shelters. existing utility and ornamental facilities on green spaces; d) not to occupy with provisional constructions the green spaces; e) not to occupy with permanent constructions the green spaces; f) to ensure the integrity, restoration and care of the green spaces in their property; g) to cooperate with the territorial and central authorities for the protection of the environment, with the central authorities for spatial planning and with the local public administration authorities in all the works envisaged in green spaces and to do proposals to improve their design; h) not to reduce the areas of green spaces. " 4. Article 6 shall be repealed. 5. Article 9 is amended and shall read as follows: "" Art. 9. -(1) Unauthorized constructions on green spaces shall be demolished and the land shall be brought to the original state, the total expenses for carrying out these works being borne by the owner of the (2) The planting of trees and shrubs shall be done only with the consent of the local public administration and the territorial authorities for the protection of the environment. " 6. In Article 10, paragraph 3 shall be amended and shall read as follows: "" (3) The extension of the intravilan of the localities, the transformation of the areas with other functions in residential areas and the construction on land of over 3,000 my owned by the state, the administrative-territorial units, the central authorities and local areas can be carried out exclusively on the basis of urban planning documentation providing for a minimum of 20 my green space per capita and a minimum of 5% public green spaces. " 7. Article 18 is amended and shall read as follows: "" Art. 18. --(1) The responsibility for reducing the areas of green spaces lies with the central and local public administration authorities, as well as all natural and legal persons. (2) The central and local public administration authorities shall provide in their own budgets funds for the fulfilment of obligations regarding green spaces (3) The alienation and assignment of land with green spaces is carried out under the conditions provided by law, with the preservation of the destination of green space. (4) The change of the destination of the land registered in the local register of green spaces can be made only for public utility works, established on the basis of urban planning documentation, approved according to the legislation in force. (5) It is forbidden to change the destination, reduce the surfaces or displacement of the green spaces defined by this law. (6) By exception to the provisions of par. (5), it is allowed to change the destination of green spaces in order to carry out public utility works, as provided by Law no. 33/1994 on expropriation for the cause of public utility, republished, other than those on social housing constructions, social objectives of education, health, protection and social assistance, non-governmental organizations, as well as public administration and judicial authorities. (7) By exception to the provisions of par. (5), can be placed on a green space: pedestrian alleys, urban furniture, facilities for sports, play and rest, construction for exhibitions and cultural activities, temporary constructions of a provisional nature for trade and food activities public, sanitary groups, spaces for maintenance, but only on the basis of an urban planning documentation for the entire area of the green space and with the obligation that the cumulative area of these objectives does not exceed 10% of the total area of green space. (8) By exception to the provisions of par. ((5), nurseries that are not public property, greenhouses and land set up as zoos may change their destination, provided that they are transformed into other types of green spaces. " 8. In Article 23, paragraph 1 shall be amended and shall read as follows: "" Art. 23. -(1) Failure to comply with the provisions of this law constitutes contravention and is sanctioned with contravention fine as follows: a) from 100 lei to 200 lei for individuals and from 1,000 lei to 10,000 lei for legal entities, for violation of the provisions of art. 5 lit. a), f) and g), of art. 9 9 para. ((2) and art. 21 lit. a), f), g), h), i), k) and l); b) from 200 lei to 1,000 lei for individuals and from 1,000 lei to 5,000 lei for legal entities, for violation of the provisions of art. 5 lit. b) and c) and art. 21 lit. b), c), d), e), j), m) and n); c) from 5,000 lei to 30,000 lei, for violation of the provisions of art. 11 11 para. ((1); d) from 20,000 lei to 40,000 lei for individuals and from 40,000 lei to 70,000 lei for legal entities, for violation of the provisions of art. 12 12 para. ((5); e) from 100.000 lei to 200,000 lei, for non-compliance with art. 10 10 para. ((1) and of art. 16 16 para. ((1); f) from 1,000 lei to 2,000 lei, for each square meter occupied by provisional constructions, by non-compliance with the provisions of art. 5 lit. d); g) from 10,000 lei to 20,000 lei, for each square meter of green space affected, in violation of the provisions of art. 5 lit. e) and h), art. 10 10 para. ((3) and art. 18 18 para. ((3), (4) and (5); h) from 10,000 lei to 20,000 lei, for each square meter of green space affected, for the non-disposition by the competent public authority of the demolition measure provided in art. 9 9 para. ((1). ' + Article II Percentage of 10% provided for in art. 18 18 para. ((7) of Law no. 24/2007 on the regulation and administration of green spaces in the intravilan of the localities, republished, as amended and supplemented by this law, shall also apply to the total areas of the green spaces existing on the date of entry into force of this law. 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. p. CHAMBER OF DEPUTIES PRESIDENT, IOAN OLTEAN SENATE PRESIDENT VASILE BLAGA Bucharest, March 19, 2012. No. 47. --------