Decree-Law No. 16/2009 approving the legal regime for Forestry Management Planning and Intervention.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Decree-Law approves the Legal Regime for Forestry Management Planning and Intervention. This Legal Regime, consisting of 26 articles divided into eight Chapters, establishes Forestry Management Plans (PROFs); Forest Protective Measures, Reforestation Measures, Forest Control, Composition and competencies of authorities entitled to carry out plans on reforestation and other related activities.
PROFs are the programmatic instrument for the implementation of sector-wide policy in the region, which establishes the specific norms for forestry exploitation, in accordance with the objectives set forth in the National Forestry Strategy. PROFs establish the specific rules for intervention and exploitation of forestry areas in order to promote and guarantee the sustained production, and to safeguard the objectives of the National Forestry Strategy.
PROFs develop the options and objectives of the National Forestry Strategy at regional level, define the respective implementing rules and are articulated with other applicable territorial management instruments. PROFs are constituted by a strategic document and by a regulation. The strategic document includes: a) Socioeconomic and biophysical characterization of the related area; b) Identification of production, protection and conservation of soil, water resources and biodiversity, silvo-pastoralism, hunting and fishing in inland waters, geological resources and renewable energies, recreation and landscaping, climate regulation and carbon sequestration; c) Indication of the general forestry models and management of the most adequate forest resources; d) Mechanisms for internalizing the benefits of forestry ecosystem and environmental services; e) Definition and delimitation of forestry areas; f) Strategic analysis, with technical basis and established objectives. Its Regulation contains: a) management and intervention guidelines; b) burden on territories included in the total and partial forestry regime; c) rules for forestry development, including limitations on the use of forest lands; d) technical circumstances under which forestry and agroforestry operations are subject to the existence of a Forestry Management Plans (PGF).
The Forestry Management Plan (PGF) is an instrument aimed at managing forestry areas which, according to the guidelines defined in the PROF, determines cultural interventions and exploitation of forestry resources, aiming at sustainable production of goods and services they provide. This Decree-Law also establishes offences and penalties to be paid for illegal activities.
PROFs are the programmatic instrument for the implementation of sector-wide policy in the region, which establishes the specific norms for forestry exploitation, in accordance with the objectives set forth in the National Forestry Strategy. PROFs establish the specific rules for intervention and exploitation of forestry areas in order to promote and guarantee the sustained production, and to safeguard the objectives of the National Forestry Strategy.
PROFs develop the options and objectives of the National Forestry Strategy at regional level, define the respective implementing rules and are articulated with other applicable territorial management instruments. PROFs are constituted by a strategic document and by a regulation. The strategic document includes: a) Socioeconomic and biophysical characterization of the related area; b) Identification of production, protection and conservation of soil, water resources and biodiversity, silvo-pastoralism, hunting and fishing in inland waters, geological resources and renewable energies, recreation and landscaping, climate regulation and carbon sequestration; c) Indication of the general forestry models and management of the most adequate forest resources; d) Mechanisms for internalizing the benefits of forestry ecosystem and environmental services; e) Definition and delimitation of forestry areas; f) Strategic analysis, with technical basis and established objectives. Its Regulation contains: a) management and intervention guidelines; b) burden on territories included in the total and partial forestry regime; c) rules for forestry development, including limitations on the use of forest lands; d) technical circumstances under which forestry and agroforestry operations are subject to the existence of a Forestry Management Plans (PGF).
The Forestry Management Plan (PGF) is an instrument aimed at managing forestry areas which, according to the guidelines defined in the PROF, determines cultural interventions and exploitation of forestry resources, aiming at sustainable production of goods and services they provide. This Decree-Law also establishes offences and penalties to be paid for illegal activities.
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Entry into force notes
This Decree-Law enters into force on the day afer its publication.
Notes
This Decree-Law repeals Order No. 1139/2006.Last amended and republished by Decree-Law No. 65/2017 of 12 June.
Repealed
No
Serial Imprint
Diário da República, Series I, No. 9 of 14 January 2009, pp. 268-273.
Source language
English
Legislation Amendment
No
Original title
Decreto‑Lei n. 16/2009 - Aprova o regime jurídico dos programas e planos de ordenamento, de gestão e de intervenção de âmbito florestal.
Amended by
Implemented by