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Law No. 120 Of 19 April 2004 On The Amendment Of The Government Ordinance No. 96/1998 On Regulating And Managing Forestry Regime National Forest Fund

Original Language Title:  LEGE nr. 120 din 19 aprilie 2004 pentru modificarea şi completarea Ordonanţei Guvernului nr. 96/1998 privind reglementarea regimului silvic şi administrarea fondului forestier naţional

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LEGE no. 120 120 of 19 April 2004 to amend and supplement Government Ordinance no. 96/1998 on the regulation of the forestry regime and the administration of the
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 408 408 of 6 May 2004



The Romanian Parliament adopts this law + Article I Government Ordinance no. 96 96 of 27 August 1998 on the regulation of the forestry regime and administration of the national forest fund, republished in the Official Gazette of Romania, Part I, no. 122 of 26 February 2003, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. -The forests, through the ecological, protective and socio-economic functions they perform, constitute, regardless of the form of ownership, a wealth of national interest that benefits the whole of society. To this end, it is necessary to ensure sustainable forest management by establishing concrete measures of administration, regeneration, care and exploitation. " 2 2. The letter c) of Article 3 shall read as follows: "c) private property forest fund of cult units (parishes, hermitages, monasteries), educational institutions, Romanian Academy or other persons of private law;" 3. in Article 4, paragraphs 3, 4 and 5 shall be inserted as follows: "" (3) At the request of the majority owner of the forest fund, private property of natural or legal persons, the forest roads and their land pass, by Government decision, from the public domain of the state and from administration of the National Forest Regia-Romsilva in the public domain of administrative-territorial units. (4) The maintenance and maintenance at all times of the operation of the forest roads shall return to their owners. (5) Construction and nurseries serving, on the date of entry into force of this ordinance, forest land subject to full restitution may be rented or sold, according to the law, with the agreement of the current holder of the structure forestry that manages the respective forest fund. " 4. Article 8 shall read as follows: "" Art. 8. -(1) In order to comply with the regulations relating to the forestry regime, forest owners and holders of any title shall have the following obligations: a) to develop, through specialized units authorized by the central public authority responsible for forestry, forestry facilities or, for forest land in the area of up to 30 ha, summary studies of arrangement. The method of elaboration and their content are those provided by the technical norms for the arrangement of forests, approved by order of the Minister of Agriculture, Forestry and Rural Development. The financial means necessary for the elaboration shall be ensured from the state budget for individuals who manage the forest individually or in associations. For private or public property forests, with areas over 30 ha, forest facilities are drawn up on the owner, association, individual property or production unit, as the case may be. The rules on insurance and settlement of funds necessary for the elaboration of forestry facilities or summary studies shall be issued by the central public authority responsible for forestry and approved by order of the Minister of Agriculture, forests and rural development; b) ensure the protection of forests in order to prevent illegal logging, destruction or degradation of forest vegetation, abusive grazing, poaching and other criminal or contravention acts. Forest owners referred to in art. 12 12 para. (1) will provide security through the forestry structures of administration, state or private, as the case may be. Failure to provide security through authorized forestry structures attracts contravention liability; c) to execute the necessary works for the prevention and control of diseases and pests of forests, established by the bodies of the public authority for forestry, with its own means or for a fee, through authorized forestry structures; d) ensure compliance with fire prevention and extinguishing measures and, as the case may be, the endowment with means of first intervention; e) to carry out the afforestation and relief works of natural regeneration, according to the provisions of the forestry facilities and the specific technical norms. The afforestation works will be carried out no later than 2 years after the exploitation of the wood mass. Otherwise the measures provided for in the art. 67 67 of Law no. 26/1996 -Forest Code; f) to carry out the maintenance of natural plantations and regenerations until the state of mass is realized; g) to execute on time, in accordance with the provisions of the forestry arrangements and the specific technical norms, the works of tree care-releases, cleanings, rarity, hygiene cuts; h) to execute tree pruning only after the enhancement and issuance of specific documents by the authorized forestry personnel; i) to ensure, in accordance with the provisions of the forestry arrangements and the normative acts in force, the maintenance and repair of forest roads in the property. (2) In situations where forest management, private property, belonging to natural or legal persons, is provided on contractual basis by the National Forest Regia-Romsilva or by authorized forestry structures, the obligations mentioned in para. (1) shall be found as such in the contracts concluded. " 5. Article 8 (1) shall be inserted after Article 8: "" Art. 8 8 ^ 1. -(1) Forest owners have the obligation to establish a forest conservation and regeneration fund, interest bearing, at the disposal and on the manager's account, respectively in the account of the forestry structure that provides the public service with forestry specific from the resources provided for in art. 63 63 of Law no. 26/1996 --Forest code. (2) If the harvested wood mass is granted in kind, the contribution to the conservation and regeneration fund constituted according to par. ((1) is calculated on the basis of the average price of one cubic meter of wood mass per foot, in force. (3) The forest conservation and regeneration fund is used for the afforestation of empty land, for the regeneration of areas covered with cuts, the management of forests with special protection functions and the coverage of occasional expenses of calamities on forests. (4) The supply of the conservation and regeneration fund is made until 31 December, the fund has the tax reserves regime and is tax deductible. Its record is held on the owner, and his non-supply at the legal deadline, according to the resources of par. (1), constitutes contravention and the sanction applies to the owners. The application of the sanction does not exonerate the owner from the obligation provided ((1). ((. The remaining amounts available from this fund at the end of the year shall be used in the financial year of the following year for the same purpose, except for public funds. " 6 6. The letter a) of paragraph 1 of Article 9 shall read as follows: "a) the deforestation of the forest vegetation, namely its removal and the change of use or destination of the land, without the approval of the central public authority responsible for forestry;" 7 paragraphs 1, 2, 4 and 5 of Article 10 shall read as follows: "" Art. 10. -(1) The exploitation of the wood mass is made only in accordance with the provisions of the forestry arrangements, the summary studies of the arrangement and in compliance with the instructions on the deadlines, modalities and times of harvesting and transport of the material wood wood, issued by the central public authority responsible for forestry. (2) For the wood mass intended to be exploited, the owners or holders of any title shall draw up acts of value, in accordance with the technical rules in force, with the prior inventory of the trees intended for the cutting, by Forestry personnel delegated to use the marked forest hammer. The public service with forestry specific for forest owners in each locality is provided on the authorized forestry structure that manages the majority of the forest fund within the respective locality. .................................................................... (4) The wood mass that is exploited, transported, stored, processed or sold will be accompanied, regardless of where it is located, by documents provided for in the regulations on the control of movement, storage, the marketing of wood materials and the operation of round wood cutting plants, approved by Government decision. (5) The typified forms of the accompanying documents necessary to justify the provenance of the wood materials shall be executed centrally, through the care of the central public authority responsible for forestry, and shall be distributed for a fee to legal entities authorized to use them, through the territorial inspectorates of forestry and moviegoing regime. " 8 paragraphs 1, 3 and 4 of Article 12 shall read as follows: "" Art. 12. -(1) Public property forests belonging to communes, towns and municipalities, as well as those privately owned by individuals or associations formed by them shall be administered by the owners, through their authorized forestry structures, similar to those of the state or, on request, through existing forestry structures authorized, on the basis of contracts agreed between the parties. The entire responsibility for compliance with the forestry regime is taken by the administrator. For the management of forests through their own forestry structures, the above-mentioned holders employ specialized personnel, authorized under the law. ................................................................. (3) The forestry structures referred to in par. (1) meet, under the law, attributions of public service with forestry specific. (4) The authorized own forestry structures, constituted by the administrative-territorial units or associations consisting exclusively of administrative-territorial units, have legal personality and function as local public kings with specific exclusively forestry. " 9. Article 13 shall read as follows: "" Art. 13. -The concrete ways of distribution of material resources and financial sources due to natural and legal persons for the forests they have in the property and managed through the state forestry structures, as well as the obligations of the parties it is regulated by regulation approved by Government decision, at the proposal of the central public authority responsible for forestry. " 10. Article 14 shall read as follows: "" Art. 14. -The owners of forests to which this section refers can manage their forests belonging to them under the conditions of art. 12 12 para. ((1) or on a contractual basis by the National Forest Regia-Romsilva. " 11 paragraphs 2 and 3 of Article 15 shall read as follows: " (2) In order to comply with the obligation provided in par (1), owners of individual forests or constituted in associations can manage forests on a contractual basis through authorized forestry structures. (3) Technical supervision, forestry public services and application of forest facilities, summary studies will be provided by authorized forestry structures in the area, on the principle of territoriality, on the contractual basis. " 12. Article 16 shall read as follows: "" Art. 16. -(1) The administration of privately owned forests belonging to parishes, skiers, monasteries, educational establishments, administrative-territorial units or other legal entities is made by authorized or based forestry structures contract, through authorized forestry structures. (2) For the fulfilment of the obligations provided in par ((1), the owners of those forests may associate with other holders in order to manage them. " 13 paragraphs 2, 3 and 4 of Article 17 shall read as follows: " (2) Contracts provided in par. (1) shall be concluded by the legal representatives of the parties in the presence of the authorized representative of the structures subordinated to the public authority responsible for forestry, with the obligation to certify under the signature the legality of the clauses contract which refers to the forestry regime. These contracts shall be registered with the structures subordinated to the public authority responsible for forestry, institutions defined according to art. 19 and 21, in whose territorial area the forest fund under the contract is located. (3) The termination of the contract on the initiative of a party shall be settled according to civil law and under the conditions of compulsory insurance by the owner of the forest management, hereinafter, in forestry by authorized forestry structures. (4) The activity of the forestry personnel employed by the own forestry structures that execute the security and management of the public property forests belonging to the administrative-territorial units and private property is controlled, under the regime report forestry, by the forestry technical staff of the central public authority responsible for forestry and the National Control Authority, through the forestry territorial structures subordinated to them. " 14. Article 18 shall read as follows: "" Art. 18. -(1) Until the restitution of some forest land from the administration of the National Forest Regia-Romsilva in the public property of the administrative-territorial units or in private property, respectively until the possession according to provisions Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 , with subsequent amendments and completions, the National Forest Regia-Romsilva has the obligation to execute the forestry technical works according to the provisions of the forestry arrangements and the regulations imposed by the forestry regime, granting the owners the profit resulting from the use of the respective wood mass. The resulting profit is granted in money or in kind at the request of the owner. (2) The forest areas on which the wood mass has been exploited, following sharp, definitive or accidental cuts, and unforested at the time of possession by the National Forest Regia-Romsilva will be pushed at its expense. The areas shall be considered afforested to the declaration of final success 15. Article 19 (1) shall be inserted after Article 19: "" Art. 19 19 ^ 1. -The national forest fund is being put on forest coals as basic functional structures for the application of the forestry regime. " 16. Article 20 shall read as follows: "" Art. 20. --(1) The control of compliance with the forestry regime for the entire national forest fund shall be exercised by the central public authority responsible for forestry and the National Control Authority, through the forestry territorial structures, with personality legal, subordinated to them. ((2) The organization and functioning of the control of the application of the forestry regime at central and local level, as well as the related administrative structures, under the conditions provided in par. (1), shall be established by regulation approved by Government decision, at the proposal of the central public authority responsible for forestry. " 17 17. The letter b) of Article 21 shall read as follows: "b) analyze and control the compliance with the provisions of the forestry arrangements, of the summary studies of arrangement for all forests, regardless of the nature of the property;" 18. After letter h) of Article 21, insert letter h ^ 1) with the following contents: " h ^ 1) organizes, supervises and coordinates public services with forestry specific, the administration of the forest fund, other than the state public property, and performs duties of approval, approval, record, according to the competences received by specific regulations; ' 19. in Article 21, paragraphs 2 and 3 shall be inserted as follows: " (2) The salaries of legal persons subject to control are obliged to allow access and exercise of control by the control personnel. ((3) During the exercise of control the forestry personnel with attributions in this regard shall be obliged to carry out the service and the order of service or delegation. " 20. Paragraph 3 of Article 22 shall read as follows: "(3) The territorial inspectorates of forestry and moviegoing regime, as well as other structures subordinated to the central public authority responsible for forestry shall be constituted by Government decision." 21 21. The letter a) of paragraph 2 of Article 24 shall read as follows: " a) the tax for the final occupation of forest land, according to the provisions of 92 92 para. (4), with the exceptions provided by par. ((6), of Law of Land Fund no. 18/1991 , republished, which will be poured into the Fund for the improvement of the land fund with forestry destination, a fund at the disposal of the central public authority responsible for forestry; " 22. in Article 24, paragraph 5 is inserted as follows: " (5) For the change of the category of forest use of land with forest destination from the use of lt; lt; gt forest; gt; in other category of forestry use, except for land intended for the construction of forest roads, the applicant it is obliged to pay a tax calculated according to the provisions of ((2) lit. a), which flows into the Fund for the improvement of the land fund with forestry destination. " 23 23. The letter d) of paragraph 1 of Article 25 shall read as follows: "d) the expenses of resettlement of the forest vegetation and its maintenance, until the state of mass is realized, for the occupied land, public or private property, which shall be paid in advance to their administrator;" 24 paragraphs 2 and 4 of Article 25 shall read as follows: " (2) If the temporary occupation of the land does not involve the clearing of wood forest vegetation, the beneficiary does not pay the owner or administrator of the land the amounts provided in par. ((1) lit. c) and d). ................................................................. (4) The average price of one cubic meter of wood mass per foot, which is used for the calculation of money obligations related to the occupation of land from the national forest fund, provided in art. 24 24 and in this Article, it shall be established by order of the central public authority responsible for forestry, taking into account market prices. " 25. After letter b) of Article 28, insert letter b ^ 1) with the following contents: "b ^ 1) local budgets." 26. Letters d) and h) of paragraph 1 of Article 29 shall read as follows: " d) the arrangement of privately owned forests of natural persons constituted or not in associations; ................................................................. h) the financing, where appropriate, of the expenses for the regeneration of forests, which exceed the conservation and regeneration fund, at the disposal of authorized forestry structures; " 27. After the letter h) of paragraph 1 of Article 29, the following shall be inserted: "" i) support the establishment and development of forest owners ' associations. " 28 paragraphs 1, 2 and 3 of Article 32 shall read as follows: "" Art. 32. --(1) Cutting, destruction or removal from roots, without right, of trees, seedlings or shoots from the national forest fund or forest vegetation located on land outside it, by the owners or keepers, if the value trees, seedlings or shoots is more than 5 times the average price of one cubic meter of wood per foot or if the value is below this limit, but the act has been committed at least twice in the span of two years, constitutes offence and is punishable by imprisonment from 6 months to 4 years or a fine. (2) If the value of trees, seedlings or shoots cut, destroyed or removed from the root is more than 20 times the average price of one cubic meter of wood mass per foot, the sentence is imprisonment from one to 5 years. (3) When the value of trees, seedlings or pruned shoots, destroyed or removed from the root is more than 50 times the average price of one cubic meter of wood mass per foot, the sentence is imprisonment from 2 to 7 years. " 29. After the letter c) of paragraph 1 of Article 34, the letters d) and e) shall be inserted as follows: " d) the establishment of the possibility of forests within the forestry facilities in violation of the provisions of the technical rules of arrangement shall be sanctioned with the withdrawal of the operating authorization for the respective specialized unit and the fine between 50,000,000 lei and 100,000,000 lei; e) the acceptance by the members of the technical-economic commission, which authorizes the solutions proposed in the respective forestry facilities, in violation of the provisions of lett. d) is sanctioned with a fine of between 25,000,000 lei and 50,000,000 lei. " 30. Article 36 shall read as follows: "" Art. 36. -Finding the crimes provided in art. 31 31-33 shall be made by the forestry personnel referred to in art. 105 105 of Law no. 26/1996 -Forest Code, by forestry personnel from the forestry structures authorized by the central public authority responsible for forestry, by the forestry personnel of the National Control Authority and the forestry territorial structures in subordinated to them, as well as by the criminal investigation bodies. " 31. Article 39 shall read as follows: "" Art. 39. -Police units, together with those of the gendarmerie, as well as local public administration bodies or, as the case may be, military fire bodies have an obligation to support the forestry organs or, as the case may be, to provide them with technical assistance, according to competences, in the organization and conduct of actions to prevent and combat the criminal and contravention phenomenon and, respectively, for the prevention and extinction of fires, both in public property and in property private. " 32. Article 40 shall read as follows: "" Art. 40. -The marking and evaluation of trees intended for cutting and issuing legal documents for the exploitation and transport of wood materials for forest land owners who manage their own forests shall be made, upon request, by forestry personnel from forestry ocoals, authorized according to the law, which provide public services with forestry specific, according to the provisions of art. 10 10 para. ((4). ' 33. Article 41 shall read as follows: "" Art. 41. -Within the meaning of the present ordinance, the private or state forestry structure is the authorized forest detour, where districts and forest cantons operate. " 34. Article 42 shall read as follows: "" Art. 42. -The forestry structures similar to those of the state, as well as the staff employed will be authorized by the central public authority responsible for forestry, within 60 days from the date of submission of the documents necessary for the authorization. " 35. After Article 43, Articles 43 ^ 1, 43 ^ 2 and 43 ^ 3 are inserted with the following contents: "" Art. 43 43 ^ 1. -(1) By order of the Minister of Agriculture, Forestry and Rural Development, at the request of the holders, land with forest vegetation outside it, as well as other land, may pass into the national forest fund. ((2) The change of destination of agricultural land in land with forest destination is exempt from taxes and those lands are exempt from taxes. Art. 43 ^ 2. -The destination of the volume of wood mass on the foot of public property forests is established by Government decision. Art. 43 ^ 3. -The special law will regulate the management of forest vegetation outside the national forest fund. " + Article II Within 60 days from the date of entry into force of this law, the Ministry of Agriculture, Forestry and Rural Development will approve the order provided for in art. 8 8 para. ((1) lit. a) of Government Ordinance no. 96/1998 , republished. + Article III Government Ordinance no. 96/1998 , republished, 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 Senate at its meeting on March 25, 2004, in compliance with the provisions of art 76 76 para. (1) of the Romanian Constitution, republished. SENATE PRESIDENT NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at the meeting of March 30, 2004, in compliance with the provisions of 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, April 19, 2004. No. 120. -------------