LAW OF THE REPUBLIC OF MOLDOVA

of September 23, 1999 No. 591-XIV

About green plantings of city and rural settlements

The Parliament adopts this organic law.

This law governs the relations in the field of development and protection of green plantings of city and rural settlements for the purpose of providing the right of each person to healthy and esthetically pleasant environment.

Chapter I General provisions

Article 1. Legal basis

Development and protection of green plantings of city and rural settlements (further - green plantings) are performed on the basis of the Constitution, the Law on environmental protection N 1515-XII of June 16, 1993, the Forest code N 887-XIII of June 21, 1996, this law and other regulations.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are used:

green plantings - architecturally harmonized systems formed of elements of landscape complex within and behind line of city and rural settlements (natural landscapes, sites of water currents and reservoirs, road, garden and residential constructions) having esthetic, biological and ecological value and including, as a rule, communities of plants (wood, shrubby, flower and grassy) and animals;

the park - the green plantings more than 20 hectares providing possibility of rest and entertainments in rich and various green space and also possibility of combination active (sport, games on air) and passive types of rest and cultural actions (representation, etc.);

forest park - the green plantings which are result of arrangement of the green arrays existing in radius of city use under the rest and entertainments having pavilions, campings, sports grounds, water constructions, etc.;

garden - the green plantings from 3 to 20 hectares which are serving for daily rest and entertainments of inhabitants of adjacent zones, including the sites occupied with ornamental wood, shrubby, flower and grassy plants;

the square - the green plantings up to 3 hectares located usually between streets and used for rest and simplification to pedestrians of transition from one street on another;

green plantings along road highways - the wayside and group landings of green plantings of different width depending on nature and value of highways promoting improvement of microclimate of the urban environment and esthetic expressiveness of streets;

zone of recreation of water objects - the parcel of land located in borders of water object or its part, adjacent to the coast, which are used for rest of the population.

Article 3. Purpose and value of green plantings

(1) Green plantings, irrespective of their accessory and appointment, serve improvement of quality of the environment, maintenance of ecological equilibrium and preserving local gene pool, enrichment of range of ornamental plants, harmonious combination of artificial and natural landscapes, protection of valuable natural objects for the purpose of creating favorable conditions for life activity of people.

(2) Value of green plantings is caused by their following functions:

a) improvement of quality of the environment by decrease in concentration of pollutants and saturation of the atmosphere oxygen;

b) preserving water resources, fight against erosion of soils and landslides;

c) noise reduction;

d) positive influence on physical and mental human health;

e) harmonization of artificial and natural landscapes;

f) improvement of the architectural and esthetic layout of settlements;

g) creation of conditions for sports, tourism and for other types of carrying out leisure.

Article 4. Territories of green plantings

The territories of green plantings include:

a) the parcels of land public in city line and beyond its limits, the cities which are in managerial control;

b) territories of green plantings of rural settlements;

c) territories of rest areas and tourism;

d) the territories of green plantings with road and footpath network, marking lines, power lines, lakes and ponds;

e) nurseries and decorative wood and shrubby plantations;

f) the territories occupied with the constructions and constructions belonging to green economy;

g) unproductive lands: swamps, rocks, krutosklona, landslides, solonetzic soils.

Article 5. The vegetation which is not entering green plantings

Do not join in green plantings and are not subject of this law the vegetation entering into forest fund, protective zones and strips of the rivers and reservoirs, the forest shelter belts located on lands of agricultural purpose, both the forest shelter belts and wood and shrubby plantings located along means of communication, fund of the natural territories protected by the state, forest shelter zones of hydrometeorological stations and posts, and also water intakes.

Article 6. Property right to green plantings

(1) the Green plantings used in public concerns are object of exclusively public property and cannot be privatized or leased.

(2) the Green plantings located on the lands which are in frequent property are property of owners of these lands. The relations of the last with bodies, authorized to manage green plantings, are regulated by this law.

Chapter II Competence of the public authorities

Article 7. Competence of Parliament

Parliament:

a) develops and approves the main directions of state policy in the field of development and protection of green plantings;

b) performs legislative regulation of the relations in the field of development and protection of green plantings.

Article 8. Competence of the Government

Government:

a) represents to Parliament of the program and drafts of legal acts in the field of development and protection of green plantings;

b) resolves the issues connected with provision of the parcels of land which are in the radius of the territory of green plantings for social needs;

c) establishes single procedure for accounting of green plantings.

Article 9. Competence of the central body of the environment

Central body of the environment:

a) develops together with bodies of local public authority legal and other regulations in the field of development and protection of green plantings;

b) it is excluded

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