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Order Of 7 December 1994 That Enacting Provisions For The Development Of The Royal Decree-Law 11/1994, Of October 28, By Which Adopt Urgent Measures To Repair The Damage Caused By Recent Torrential Rains, And The...

Original Language Title: Orden de 7 de diciembre de 1994 por la que se dictan disposiciones para el desarrollo del Real Decreto-ley 11/1994, de 28 de octubre, por el que se adoptan medidas urgentes para reparar los daƱos causados por las recientes lluvias torrenciales, y del...

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TEXT

By Royal Decree-Law 11/1994, of October 28, urgent measures are taken to repair the damage caused by the recent torrential rains,

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 Department can restore as far as possible the situation prior to the catastrophe and to dictate the necessary implementing rules for the application of the benefits established in the Law of Reform and Agrarian Development, being introduced in the classification of the works, as provided for in Title II of book III of that Law, the amendments imposed for the peculiar characteristics of the damage suffered. In addition, the Ministry of Agriculture, Fisheries and Food is empowered to declare, in the affected river basins, the hydrological restoration works, including repairs to the damage, to the Ministry of Agriculture, Fisheries and Food. (a) the forest road network required to be able to carry out such restoration, and the soil conservation works in the aforementioned basins.

According to article 1.1 of the aforementioned Royal Decree-Law, the determination of the municipal terms, or the areas thereof, will be done by the Ministry of Justice and Interior.

By Royal Decree-Law 12/1994, of 25 November, the territorial scope of application of the measures included in the Royal Decree-Law 11/1994, of October 28, is extended.

In your virtue I have:

Article 1.

In accordance with Article 3.2 of Royal Decree-Law 11/1994 of 28 October, special areas of action are declared by the Ministry of Agriculture, Fisheries and Food and the autonomous bodies of the Ministry of Agriculture. dependent, the municipal terms or areas thereof, as defined in the Annex to the Order of the Ministry of Justice and Home Affairs of 2 December 1994, affected by the recent torrential rains and floods in the Autonomous Communities Andalusia, Balearic Islands, Cantabria, Catalonia, Galicia and the Valencian Community, with a view to that they can restore the situation before the disaster as far as possible. In addition, water-forest restoration works and works, including repairs to the damage caused to the forest road network needed to be able 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.

For the implementation by the National Institute of Reform and Agrarian Development of the actions established by the Law of Agrarian Reform and Development, in the areas referred to in the previous article, the works are classified, as as provided for in Title II of book III of that Law, as follows:

Works of general interest. -Encautionation, defense and correction of public channels, irrigation works, drainage, repair and replacement of rural roads of common use.

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.

Final disposition first.

The Presidents and Directors of the autonomous agencies of the Department, within the scope of their respective powers, will dictate the Resolutions and adopt the necessary measures for the implementation of this Order.

Final disposition second.

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

Madrid, 7 December 1994.

SERNA AGENT

Ilmos. Mr Deputy Secretary General of Agricultural Structures and Presidents and Directors of the autonomous agencies of the Ministry of Agriculture, Fisheries and Food.