Concerning the land
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LAWNo. 7929 dated 11. 05. 1995CONCERNING PROTECTION OF FRUIT TREESBased on Article 16 of the law no. 7491 dated 29.04.1991 “On basic Constitutional Provisions”, upon proposal from the Council of Ministers, The People’s Assembly of the Republic of Albania HAS DECIDED AS FOLLOWS: CHAPTER I GENERAL STIPULATIONS Article 1 The purpose of this law is to protect fruit trees from mechanic damage, advertent or inadvertent, that may be caused by physical and legal entities, national or foreign. CHAPTER IIDEFINITIONSArticle 2 For the purposes of this law: “Territory of fruit trees” means arable land cultivated with fruit trees, citruses, olives and vines registered as such in the cadastre. “Orchard” means land sown with fruit trees and citruses, which in accordance with established standards, contains over 50 per cent of the minimum number of plants per unit of land. “Olive grove” means land sown with olive trees containing over 50 per cent of the minimum number of trees per unit of land. “Vineyard” means land sown with vine trees with over 50 per cent of the minimum number of trees per unit of land. “Degraded orchard” means orchard, olives grove and vineyard in which, due to lack of human care, climatological and biological factors, the trees are seriously damaged and no agro technical measures that may be taken can make them recover to levels of profitable productivity. CHAPTER IIITHE STOCK OF FRUIT TREES AND THEIR REGISTRATIONThe fruit tree stock is made up of fruit trees, vines in vineyards, citruses and olives growing in blocks or in scattered way. Article 4The inventory and registration in the cadastre of fruit trees and recording of change that may happen to their condition, is governed by specific regulation worked out by the Ministry of Agriculture and Food. CHAPTER IV PROTECTION OF FRUIT TREESArticle 5Fruit trees, vine trees, citrus trees and olive trees, notwithstanding individual ownership, classify as national wealth and are protected by law. Article 6Physical or legal entities, national or foreign, owners or leaseholders of fruit trees, in blocks or scattered, are obligated to guarantee the stock’s protection from felling or other physical damage. They may do this jointly or individually. Article 7The felling of fruit trees and change of the destination of land from orchard into arable land may be lawful only in the following cases: 1 – Due to physical or biological causes, the orchard may be degraded and potential investment to revive the trees does not stand the cost benefit analysis. 2 – For economic reasons, the owner desires to change the orchard into arable land. In both cases, the respective owner must submit a request, which is subject to review by the competent agriculture authorities at region level in accordance with article 8 below. 3 – The plants are severely damaged or have dried out as e result of biological, climate or aging factors. 4 – Public objects, governmental or private, will be built on the orchard land. Article 8The felling of fruit trees in accordance with points 1, 2, 3 and 4 of article 7 of this law is subject to permission by the competent agriculture authorities. More specifically: 1 – For sporadic trees and for orchard trees, as well as for vineyards of up to 0.1 ha authority is vested with the agricultural specialist at the commune. For over 0.1 ha, the Directorate of Agriculture and Food at region level issue felling permissions. 2 – For scattered olives, permission is given by the respective Directorate at the Ministry of Agriculture and Food, upon request from the Agricultural Directorate at Region level. 3 – Collections of fruit trees, citruses, olives and vines, as well as individual trees with special genetic value, are felled only with the approval of the Directorate for Plant Production at the Ministry of Agriculture and Food and the Institute of Arboriculture and Vines. 4 – For individual vines in household ownership used for sunshine protection no permission from state authorities is required.
Article 9Criteria and requirements for obtaining permission from the specialists at commune, region and Ministry level are defined in the regulations of the Ministry of Agriculture and Food. Administrative or criminal provisions apply in circumstances of abuse of power and non- compliance with criteria and rules. Article 10Physical or legal entities possessing title or lease over a stock of fruit trees, applying for conditional felling in accordance with Article 7 of this Law, must submit a written request to the agriculture authority at commune level. The agricultural authority is obligated within 15 days to dispatch to the site of fruit trees an expert to verify the condition of trees and take subsequent steps to permit or refuse the felling. Article 11 Appraisal of fruit treesFruit trees are appraised for purposes of compensating owners when fruit trees are felled for reasons relating to public interest, or for indemnifying damage caused advertently or inadvertently. The appraisal is the competence of the agriculture specialist at the commune level or the team of specialists of the Directorate of Agriculture and Food at region level. Boundaries of competences and appraisal criteria are defined in the regulations of the Ministry of Agriculture and Food.
Article 12The felling of fruit trees in orchards, vineyards or olive groves after permission for felling has been refused by the competent authorities, is an administrative breach and is punishable by fines up to 5 times the estimated value of the damage, or by imprisonment up to 30 days. Fines are administered by specialists of agriculture at commune level or at region level, or any other authority designated by the Ministry of Agriculture and Food. Review of administrative breaches and appeal against administrative punishment is subject to Law No. 7697, dated 7. 04.1993 “Concerning administrative breaches”.
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