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Forest Code (Law No. 26 of 1996).

Country
Type of law
Legislation
Source


Abstract
This basic law on forestry is structured as follows: Common provisions with reference to the forest fund (domain) and the forest vegetation outside it (Title I); Public forest domain (Title II): Administration of the State's public forest domain (chapter 1), Administration of the public forest domain (chapter 2), Ensurance of the integrity and development of the forest domain (chapter 3); Private property forest fund (Title III); Provisions common to public and private property forest fund (Title IV): Control over the circulation of wooden materials and of installations for converting round wood into timber (Chap. 1), The game and fisheries domains from mountain waters (Chap. 2); Forest vegetation outside the forest domain (Title V); Responsibilities and sanctions (Title VI); Final provisions (Title VII).
The Code governs the legal, organizational, economic and technical aspects of hunting, piscicultural and forest resources, including forest areas outside the national forest fund (domain). The latter is composed of forests (larger than 0,25 ha), afforestation, timber culture and production lands, ponds, brook beds as well as unproductive plots of land included in forest planning, in private and public forests. The National Self-Managed Forest Company (NSFC) is responsible for the administration of the State's public forest fund and for the provision of specialized services for a fee to private forest owners. On the basis of periodic resource inventories, forest districts and production units shall elaborate forestry plans which shall take into account socio-economic and ecological objectives. Forests are broadly grouped into protection and production forests (art. 20). Rules for the ecological regeneration and protection of forest biodiversity shall be elaborated, with priority given to the regeneration of species from the "basic natural type". Tree felling is regulated according to species, and afforestation requirements are imposed, among others. Forest protection includes pest and disease control measures and the obligation on legal persons causing damage to the forest domain to make repair (art. 32). The NSFC is responsible, together with prefects, local and county councils, police, etc., for policing forests against illegal felling, grazing, poaching, etc. Forest products are defined in section 5, Chapter 2, Title II which also subjects the exploitation of forest wood, game and fish resources from mountain waters to authorization. Annual maximum harvests of wood products shall be determined by the Government. The exploitation of wood resources is governed in detail in section 6.
Private forestry is managed individually or through associations and in conformity with forestry and environmental laws. Management plans shall be drawn up by forest bodies and localities at the expense of the State (art. 66). Private forest owners are subject to afforestation requirements as well as other general health and upkeeping requirements. Private forest owners or exploiters are obliged to comply with Government harvesting limits.
Provisions common to forestry resources, whether public or private include the requirement that transport of "wooden material" (round or cut wood for processing or fire), be accompanied by documentation indicating its legal origin, penalty the seizure of the goods; technical rules and regulations for the protection of game and fisheries resources from mountain waters, including restrictions on sport hunting and fishing shall be issued by the central authority responsible for forestry.
Forest vegetation outside the national forest domain shall be managed by individual owners, subject to the environmental and other requirements of this Law. The cutting, burning or destruction of Alpine Juniper trees is prohibited.
Among the final provisions, the Code provides for the creation of national parks for the conservation of biodiversity and scenic resources.
Date of text
Notes
This Law abrogates art. 18 of Law No. 8/1971 on the organization, administration and use of lawns, zootechnical and seedling lots as well as communal covering stations; Chapters I-III and parts of chapter V on responsibilities and sanctions of Decree No. 257/1982 on rules governing forest vegetation on lands outside the national forest domain..; Law No. 2/1987 on the conservation, protection and development of forests..., except arts. 9, 35-39 and appendix 2.
Repealed
Yes
Serial Imprint
Parliament of Romania, Chamber of Deputies, The Forest Code - Law on Hunting Fund and Protection of Game, Regia Autonoma, Monitorul Oficial, Bucarest, 1998.
Source language

English

Legislation Amendment
No
Repeals
Repealed by