LAW OF THE REPUBLIC OF MOLDOVA

of June 15, 2000 No. 1041-XIV

About forest improvement of the degraded lands

The Parliament adopts this organic law.

This law determines the legal basis of forest improvement of the degraded lands, the procedure of identification of such lands, and also sources of financing of the corresponding works.

Chapter I General provisions

Art. 1. - The degraded lands, irrespective of pattern of ownership on them which can be subjected to the forest improvement directed to protection of soils, recovery of hydrological balance, environmental improvement fall under operation of this law.

Art. 2. - Under degraded in this law lands which as a result of erosion, pollution or negative anthropogenous impact finally lost agricultural productivity are understood, but can be improved by means of afforestation and other works on recovery of ecosystem. Treat them:

a) the lands subject to the strengthened and excessive superficial erosion;

b) the lands subject to deep erosion (vodoroina, ravines, the dried beds);

c) the lands broken by active landslides, collapses, breaks, mud drains;

d) lands with the sandy soil subject to wind and water erosion;

e) lands with impurity of pebble, boulders, alluvial breed, fragments of rocks and rain alluviums;

f) lands with permanent excess of moisture;

g) saline soils;

h) the lands contaminated by chemicals, oil products or harmful production emissions;

i) the lands occupied with open pits, dumps, dumps of production and household waste;

j) lands with the broken or destroyed biocenoses;

k) unproductive lands.

Art. 3. - According to Articles 1 and 2 the degraded lands which are are subject to afforestation:

a) the public property belonging to the state;

b) the public property belonging to administrative and territorial units (communes, the cities, municipiums);

c) private property.

Art. 4. - Based on availability of the lands listed in Article 2, the territories which are subject to forest improvement are determined.

Chapter II the Procedure of identification of the degraded lands which are subject to afforestation

Art. 5. No. 69 voided according to the Forest code of the Republic of Moldova of 28.03.2024

Art. 6. - (1) Inventory count of the degraded lands which can be improved by means of afforestation and determination of the territories which are subject to forest improvement are performed according to Articles 2 and 3.

(2) Extremely degraded lands threatening safety of settlements and social and economic objects are subject to inventory count no more than 90 days from the date of establishment of the phenomenon in time.

(3) Inventory count of the lands specified in part (1), it is carried out constantly, without fail - for their identification and determination of all territories which are subject to forest improvement.

Art. 7. - No. 69 voided according to the Forest code of the Republic of Moldova of 28.03.2024

Art. 8. - No. 69 voided according to the Forest code of the Republic of Moldova of 28.03.2024

Art. 9. - In case of donation of the degraded lands which are in private property, to the state for their afforestation the established duties on registration and registration of the deed of gift, entering of the corresponding records into land cadastre and the register of the real estate is not levied, and the fee is paid to the notary for the account of means of the central governing body of forestry.

Art. 10. - (1) the Central governing body of forestry has the right to buy on behalf of the state at physical persons the degraded lands included according to the law in the territories which are subject to forest improvement for the purpose of their afforestation. The redemption of such lands is performed by fund of the public forest service.

(2) In this case the established duties on the notarial certificate of documents on purchase and sale and registration of the property right to the earth are not levied, and the fee is paid to the notary for the account of means of the central governing body of forestry.

Chapter III Financing of works on afforestation of the degraded lands

Art. 11. - (1) Afforestation of the degraded lands is performed by their owners at the expense of own means, and also it can be financed by specialized bodies from the sources specified in Article 12. Biological material in such cases is delivered on contractual basis by the central governing body of forestry or other producers, and technical assistance of specialists in the field of forestry is provided free of charge.

(2) If strengthening of the broken lands and change русл flows requires implementation of construction works, technical and economic documentation for forest melioration works is constituted for a fee by specialists of the forestry and landscape companies or other specialized organizations authorized on that by the central governing body of forestry.

Art. 12. - (1) Creation of the technical and economic documentation provided by part (2) Articles 11, forest improvement of the degraded lands and other related works, and also security actions are financed for the account:

a) funds for improvement of the degraded and contaminated land, stipulated in Article 85 Land codes;

b) assignments from local budgets of communes, the cities, municipiums, areas, autonomous territorial education Gagauzia;

c) assignments from the government budget;

d) fees of National fund of the environment;

e) sponsor's receipts from business entities, different funds, other donations;

f) free financial aid from abroad and long-term external credits;

g) the voluntary financial investments of the physical persons and legal entities interested in carrying out forest melioration works;

h) fund of preserving and development of the woods (for lands of the forest fund run by the central governing body of forestry), stipulated in Article 46 Forests codes;

i) funds deposited on account of compensation of the damage caused by the physical persons and legal entities guilty of degradation of soils based on adoption of the relevant decision by degrees of jurisdiction according to the statement of local or central governing bodies of agricultural industry, forestry local or central bodies for environmental protection;

j) other legal sources.

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