Advanced Search

Order Of 20 November 1995 That Enacting Provisions For The Development Of Royal Decree-Law 9/1995, 8 September, By Which Adopt Urgent Measures To Repair The Damage Caused By The Recent Floods In The Provin...

Original Language Title: Orden de 20 de noviembre de 1995 por la que se dictan disposiciones para el desarrollo del Real Decreto-ley 9/1995, de 8 de septiembre, por el que se adoptan medidas urgentes para reparar los daƱos causados por las recientes inundaciones en la provin...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

By Royal Decree-Law 9/1995 of 8 September, urgent measures are taken to repair the damage caused by the recent floods in the province of Guadalajara.

In Article 3.2 of the Royal Decree-Law, the Ministry of Agriculture, Fisheries and Food is empowered to declare special areas of action to the affected areas, in order to ensure that the bodies dependent on the the department can restore as far as possible the situation prior to the disaster and to dictate the necessary implementing rules for the implementation of the benefits provided for in the Law of Reform and Agrarian Development, being introduced into the classification of the works provided for in Title II of Book III of that Law, the amendments imposed by the peculiar characteristics of the damage suffered.

In addition, in this article, the Ministry of Agriculture, Fisheries and Food is empowered to declare, in the affected river basins, the hydrological restoration works, including the repairs of the damage caused to the forest road network necessary to enable such restoration, and the soil conservation works in the aforementioned basins.

Article 7 of the Royal Decree-Law determines that, for the purposes set out in Article 73 of Law 13/1995, of 18 May, of contracts of public administrations and concordant with the General Regulations of Contracting the consideration of works, services, acquisitions or emergency supplies, those for the repair of infrastructure and equipment, whatever their value.

According to article 1.1 of the aforementioned Royal Decree-Law, the determination of the municipal terms to which the measures provided for in the law are applicable, will be done by the Ministry of Justice and Interior, which has had place by the Order of 28 September 1995 of that department.

In the preparation of this provision the project has been submitted to the Inter-Ministerial Commission created by Article 11 of Royal Decree-Law 9/1995, for the purposes provided for in paragraph 2 of the aforementioned article.

In its virtue, I have:

Article 1. Scope of application.

In accordance with the provisions of Article 3.2 of Royal Decree-Law 9/1995 of 8 September, special areas of action are declared by the Ministry of Agriculture, Fisheries and Food in the territories of the municipalities. listed in Article 1 of the Order of the Ministry of Justice and Home Affairs of 28 September 1995, subject to the conditions laid down in Article 3 thereof. In addition, water-forest restoration works and works, including repairs to the damage caused to the forest road network necessary to carry out such work, are declared emergency in the affected river basins. restoration, and the conservation of soils in the aforementioned basins.

Article 2. Classification of works. For the implementation by the General Secretariat of Rural Development and Conservation of the Nature of the actions established by the Law of Agrarian Reform and Development, in the areas referred to in the previous article, the works of the next way:

Works of general interest: Encaument, defense and correction of public channels, irrigation works, drainage, repair and replacement of rural roads with common use and replacement of general use equipment.

Also, the restoration works of farms will be considered when the loss of the agricultural area is greater than 50 per 100 of the total area.

These works will be of an emergency nature for the purposes of Article 73 of Law 13/1995 of May 18, of public administration contracts and concordant with the General Contract Regulations.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 20 November 1995.

SERNA AGENT

Ilmos. Mr Deputy Secretary and Secretary General of Rural Development and Conservation of Nature.