Concerning the land
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CHAPTER IIFORESTRY STOCK – ADMINISTRATION, DEVELOPMENT, TREATMENTArticle 2 The forest stock is made up of forests and forest vegetation lands. It involves the state owned, communal and private forests. The forest stock is made up of forest economies in accordance with multiplication and inventorying plans. The Ministry of Agriculture and Food has the authority to endorse the transition of arable land into forestry stock, while the local governments may endorse the passage into forestland of non-agricultural land unrecorded in the cadastre as part of any land stock. In special cases, the passage of parts of the forest stock into lease title for scientific and didactic purposes to the Ministries and other central institutions is subject to approval by the Ministry of Agriculture and Food for surfaces under 100 ha and by the Council of Ministers for surfaces above 100 ha.
Article 3Forest is a body of dense trees extending over surfaces bigger than one tenth of a hectare with no less than 30 per cent productive plants growing on it and producing an impact on the surrounding environment. Ground with forest vegetation means surface with forest trees with coverage from 5-30 per cent unrecorded in the cadastre as part of any stock of land. Also, part of the forest stock are divested surfaces like: clearances, rocks and sandbanks up to 2 ha in the forests, surfaces planted with protective forest belts, isolated groups of trees and bushy surfaces. Article 4The forest stock is made up of state owned, communal and private forests. a) Sate owned forest is forest in ownership of the state. b) Communal forests are forests owned by the state but given for communal to one village, several villages or the commune. In accordance with criteria developed by the minister of Agriculture and Food, pieces of communal forest from 0.4 to 1 ha per family may be given for use to households of permanent residence in the village subject to agreement between the local government and the forest authority. c) Private forest is any body of trees and any forest created within the boundaries of land recognised as private property. The Governments provides investment and technical assistance for purposes of creation of private forests and development of agro forestry. Technical criteria for definition of communal and private forests, as well as rules for their administration are contained in special regulation of the Ministry of Agriculture and Food.
Article 5Scattered trees within or around agricultural land, pastures and stables; around monuments, institutions, cemeteries; on the banks of irrigation and watering canals and other bodies of water; on the sideways of roads and railways, as well as trees in parks, populated centres and peripheral areas do not form part of the forests stock. Article 6Administration, development, protection and treatment of forest stock, state owned, communal or private, are regulated in accordance with the provisions of this law. The state owned and communal forest stock is administrated by the General Directorate of Forests through its affiliates of local directories for forest service. Article 7Grounds covered with forest vegetation and shrubs up to 5 ha are written off the forest stock by the General Director of Forests, while in the case of surfaces over 5 ha, the competent authority is the Minister of Agriculture and Food. The Minister of Agriculture and Food ha writes forests of up to 50 off the forest stock, whereas for surfaces above 50 ha the decision is taken by the Council of Ministers. Deforestation or change of destination of parts of the forest stock may only be effectuated if competent authorities have given permission for write off and after the established tariff has been paid. Revenue from such payment is used for forestation of surfaces of the same proportions. The wood material resulting from deforestation passes into the possession of the physical or legal entity owning the land. Article 8Change or replacement of forest cultures with other forest varieties in plots that form part to the state owned or communal stock is only done upon approval of the General Directorate of Forests. Article 9It is prohibited to occupy or utilise forests or forest vegetation lands belonging to the forest stock without the prior approval of the competent authorities; to occupy surfaces bigger than those approved; to deploy any type of object in sites other than the designated ones; to not return the leased forest stock land: and to destroy or degrade forests by extensive means. Article 10Forest service structures, employees, as well as their competences, duties and rights are defined by special regulation of the Minister of Agriculture and Food. Article 11Administration, proliferation and scientific treatment of trees, special shrubs, medicinal and tanniferous plants inside the state owned and communal stock is the competence of the Forest Service Directorates at the local level. Industrial woods of special value, inside and outside the forest stock, are protected by forest authorities as prescribed in the list attached to the special regulation drafted for this purpose by the Minister of Agriculture and Food. Municipal and communal authorities administrate Woods, wood and shrub collections, parks and gardens in the towns and inhabited centres. Article 12National Forest Parks and natural reservoirs are approved by the Council of Ministers, whereas the General Forest Directorate designates scientific reservoirs, natural monuments, landscapes and industrial woods. Article 13Forest authorities designate the seed stock and body of trees or separate trees to ensure the sowing material for the proliferation and revival of the forest stock in accordance with criteria set by the Institute for Forest and Pasture Research. |