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Decree Law No. 12/2019


Publication: Republic Diary No. 14/2019, Series I of 2019-01-21
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 12/2019
  • Pages: 398 - 408

Summary in plain english

What is it?

This decree-law amends the rules regarding the planting and replanting of forest species in the national territory.

What is going to change? The rules on the proceeding and formalities to which the plantings and replantings are subject are amended.

The submission and consultation of the authorization and prior communication requests are carried out on the Single Electronic Desk, available on the Citizen Portal and on the ICNF’s website.

To access this information system, you must carry out the digital sign in through the Citizen Card and the Digital Mobile Key.

The decision period for the restoration of the previous situation is amended.

If the plantings and replantings are not carried out as set out, the ICNF may order the restoration of the previous situation. The ICNF may decide if there is a restoration or not within 6 months (the previous period was 1 year).

The individual responsible for the land (owner or tenant, for instance) must remove the plants illegally placed within 180 days.

These rules also also applied with the necessary adaptations if there is a recovery plan instead of a restoration (instead of removing the plants, the law adapts to what has been done).

The system of penalties in the case of non-compliance is amended.

The individuals who carry out plantations or replantings are now subject to the application of a penalty (between 1000 and 3740.98€) in the case of:

    • Non-compliance with the rules regarding the removal of illegal plants;
    • Lack of authorization and prior communication by the plantation or replantation act’s executor regardless of them being the owner, except when exempt pursuant to the diploma.
What advantages does it bring?

This decree-law aims to:

    • Stop the illegal tree planting and replanting actions;
    • Clarify the liabilities of the individuals who commit these illegal actions.
When does it enter into force?

This decree-law enters into force on the day following its publication.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.