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.
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.
Art. 5. - Identification, otgranicheniye of the degraded lands and determination of the territories which are subject to forest improvement at the local level are performed by the commissions formed based on the decision of regional council, council of autonomous territorial education Gagauzia or council of municipium of Chisinau on the proposal of the head of department (department) of environmental protection and natural resources. The commissions are created in 30-day time after entry into force of this law in structure:
primara of the commune, the city or municipium (his deputy) as the commission chairman;
the engineer land surveyor of primeriya as the secretary;
representative of forestry or forest area;
representative of the territorial ecological agency;
representative of the central governing body of forestry;
representative of the central body for environmental protection;
representative of security service of soils;
representative of management (department) of environmental protection and natural resources;
employees of research and project institutovspetsialist in the field of land management, forest management, agrochemistry and soil science;
representatives of owners of the earth (if necessary).
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. - The degraded lands included in fund of the lands which are subject to forest improvement with the consent of the Government are withdrawn from economic use and are registered as "the lands which are subject to afforestation".
Art. 8. - If the degraded lands included in the territories which are subject to forest improvement are the public property belonging to administrative and territorial units (communes, the cities, municipiums), and their legal owners have no necessary means for forest improvement, by agreement of the parties these lands can be non-paid are transferred to the control to the central governing body of forestry. Such transfer affirms the order of the Government based on the conclusions of the central governing body of agricultural industry and the central body for environmental protection if the area of each of the transferred sites constitutes at least five hectares or if such lands, irrespective of their area, border on the forest fund which is the public property belonging to the state.
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.
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.
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