Constraints On Forestry

Original Language Title: Sui Vincoli Forestali

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009707.html

Ranked # 1 Forest Law We the Captains Regent of the Republic of San Marino promulgate and publish the following law approved by the Great and General Council in His Returning models January 15, 1925; Art. 1 are subjected to forest protection under the provisions of this Act, the land stripped of trees on the tops and slopes of the mountains, and those who through their species and situation, can disboscandosi, or dissodandosi, lead to sc scendimenti, landslides , landfills, landslides, and, with public harm, cluttering the course of the water and alter the texture of the soil, or damage to the hygienic conditions. Art. 2 The constraint will be imposed by special resolution approved by the Agriculture and Forestry Congress. Voted against it may be filed to the Council of Twelve will decide in accordance with Law 5 June 1923 No. 13 and after, if necessary, the opinion of a technical person. The complaint must, under penalty of forfeiture, be brought within sixty days from that in which the person concerned has received the notification of the bond delibrazione helpless. The Forestry Congress may at any time "or on its own initiative or at the request of the data subject" remove, in whole or in part, unless the bond has more 'reason to exist. Art. 3 The land shall be bound "and will last until the bond" exempt from tax under the Law of 16 March 1922 No. 10. Art. 4 The restriction referred to in the art. 1 produces the following effects: 1.) prohibition of all logging and clearing of all: 2) limitation in the plants cut: 3.) placing the obligation of reforestation: 4.) pasture limitation: 5.) observance of special precautionary rules. Art. 5 In the constrained land is prohibited deforestation each and every tillage. It will, however, granted permission to reduce those to land and agrarian culture to manufacture on them with the obligation to observe reasonable means to prevent the damage of which the art. 1. These means will have to be approved by the Forestry Congress. Art. 6 In the land bound coupage, whether periodic or occasional, of plantations of any species without prior permission of the Forestry Congress and observe the rules the same in each case, fixed. It 'however, allowed to collect the leaves and fruits in the customary times, mow the grass, to run at the appropriate time the usual scapezzatura where it was not, in particular, it prohibited by the Forest Congress. Art. 7 In bound land, on which there is not enough plantation will be carried out reforestation. The Forestry Congress in placing the bond declare whether it should be no 'or to operate the reforestation. It reforestation will be performed by the owners and, failing that, by the government or directly to the middle of proprii organs or indirectly through authorized bodies or consortia. In the event that afforestation is done by the owners they will be entitled: 1.) the exemption of taxes as the art. 3 as well as the exemption of all other levies present and future for a period of forty years to reforested land with tall trees and fifteen years for land with coppice plants: 2.) a contribution from the State to the extent not exceeding the half its spending insidacabilmente determined by the Congress of Agriculture. Should the government provide free seeds or seedlings needed: their cost will be calculated in the contribution predicted. In the event that afforestation should be run by the state these may: a) or expropriate the land bound by paying a sum corresponding to the annual income resulting from capitalized land registry to five percent: b) occupy temporarily, and for a period not exceeding ten years , the ground directly bound, accomplishing the reforestation efforts without changing your destination. In this case before the employment it will be made the estimate of land in the state in which it resides. During the occupation it will be paid to the owner an annual fee corresponding to the annual income scored at Land Registry. When, the land will be returned it will be re-estimated: the owner will have to pay to the State the greater value acquired as a result of reforestation paying the sum due or immediately or in equal installments over three years; in this case the state will compete, and until full payment, legal mortgage on the land. Glue delivery ceases exemption of tax at the art. 3; but it remains constrained. If the owner, for whatever reason, does not accept returns or executes the total payment of the amount due, the State may (even if the land was alienated by the owner to others) expropriate pursuant to No. 1 of this Article and according to catastato income
at the beginning of the occupation. The estimates mentioned in this article will be combined amicably and, failing agreement, determined by an expert appointed by the Law Commissioner. Art. 8. In the land constrained the exercise of the pasture will be subject to the following restrictions: a) in the plantations of new facility or undergo general or partial garlic, or destroyed by fire, can not be admitted to the pasture before the development of youth plants and new sprouts is likely to avoid any possibility of damage: b) in adult plantations too sparse and decaying is also prohibited grazing until the reconstitution of them is not ensured: c) in the bushes covered with protective functions of land is prohibited grazing of goats and sheep. Art. 9. In land will be bound in the maximum - and unless otherwise specifically authorized by the Agriculture Congress - forbidden: a) the power on fires: b) training of debbii, stoves, or mottere: c) digging and grubbing the ground dried stumps, stones, sand, earth, sod, heather, gorse: d) your violation of all those particular standards that the Forestry Congress will establish for each ground or at the time of the bond taxation or by subsequent resolution. Art. 10. Those who transgress the provisions of this Act or any special conditions imposed by the Forest Congress, will be punished by fine of LIT glue twenty to five hundred pounds. Who in the land bound cuts, damage plants or doing other damage will be punished with a fine of between two and four times the value of the plants cut or harm committed. If the offense is committed by anyone who is not owner of the land it will be punished not only glue that penalties but also glues penis from stbilite Penal Code for criminal damage. The assessment of the value of the plants and the damage will be done by the forest guards. Interested parties may appeal the assessment to the courts by providing proof to the contrary. Art. 11. The Congress of Law March 21, 1908 Agriculture is called "Woodland Congress and Agriculture". To that Act are taken the following changes: 1.) the members are appointed by the Great and General Council and so is the President and Vice President. They remain in office lasts until the Council legislature that appointed them; 2.) The Congress shall be gathered together and also chaired by Ecc.ma Regency like any other Congress. Art. 12. The Forestry Congress will have to make the list of land for which is more 'urgent imposition of the bond, within six months from the entry into force of this Act. The owners, within three months of being notified of the final decision imposing the lien or obligation to reforest, must declare to isc itto to the Forestry Congress if they intend to carry out reforestation directly. If so, will have to start its work by the April 1926 and continue periodically to finish the book before the April 1931. Art. 13. The Forestry Congress for the investigations about the places will delegate a Commission composed of the President or the Vice President, a member and an Office Clerk. This Special Commission will be entitled only to reimbursement of expenses. Art. 14. All acts that could occur for the enforcement of this Act shall be exempt from stamp duty and registration fees. Our Residence, on 15 January 1925 THE CAPTAINS REGENT Francesco Morrison Jerome Gozi THE SECRETARY OF STATE ff. FOR INTERNAL AFFAIRS Giuliano Gozi