Law Information System CIELA

LAW OF THE FORESTS

Prom. SG. 125/29 Dec 1997, amend. SG. 79/10 Jul 1998, suppl. SG. 133/11 Nov 1998, suppl. SG. 26/23 Mar 1999, amend. SG. 29/7 Apr 2000, amend. SG. 78/26 Sep 2000, amend. SG. 77/9 Aug 2002, amend. SG. 79/16 Aug 2002, amend. SG. 99/22 Oct 2002, amend. SG. 16/18 Feb 2003, amend. SG. 107/9 Dec 2003, amend. SG. 72/2 Sep 2005, amend. SG. 105/29 Dec 2005, amend. SG. 29/7 Apr 2006, amend. SG. 30/11 Apr 2006, amend. SG. 34/25 Apr 2006, amend. SG. 36/2 May 2006, amend. SG. 82/10 Oct 2006, amend. SG. 102/19 Dec 2006

Chapter one.

GENERAL PROVISIONS

Section I.

Forests and forest fund

Art. 1. (1) This law settles the relations in connection with the ownership and tenure - management, reproduction, use and protection of the forests in the Republic of Bulgaria.

(2) The purpose of the law is the preservation of the Bulgarian forests as national wealth - main environment forming factor through the reproduction and their steady development and multi-purpose use to the interest of the owners and the society.

Art. 2. (1) (amend. SG 16/03) Forest, in the context of this law is the land occupied by forest ligneous plants with area not less than 1 decare.

(2) (amend. SG 16/03) Forest fund, in the context of this law is the territory designated mainly for forests and comprising forests and bushes as well as the lands for afforestation and not timber production lands, pointed out in the cadastre.

(3) (amend. SG 16/03) The urbanised lands, the separate regulated properties under the Law of spatial planning as well as the farm lands shall not be included in the forest fund.

Art. 3. (1) The provisions of this law shall apply for all forests, as well as for the lands of the forest fund regardless of their ownership.

(2) (new - SG 133/98; Suppl., SG 77/02) The provisions of this law shall not refer to the forests and the land from the forest fund in the protected territories - exclusive state ownership, except in the cases of art. 67, para 3 of the Law for the protected territories.

(3) (new – SG 16/03) The management, the reproduction, the use and the preservation of the forests of art. 2, para 1 shall be order of this law and the Law of protected territories.

Art. 4. (1) The forests, according to their functions, are divided into lands with basic lumber production and environment forming functions, protective and recreational forests in protected territories.

(2) The protective and recreational forests fulfil basically water feeding, anti-erosion, meliorate, recreational and other functions and are subdivided into:

1. water feeding - water supply zones, water collectors of water basins and water streams and regional around separate springs;

2. (suppl. SG 16/03) into-erosion - eroded forest lands; precipice and stone terrains; the zone of the upper limit of the forest, the dwarf pine plantations; the coastal strips of Black Sea, the river Danube and the big rivers; areas unfit for forests, planted with tree and bush plants; torrential forest lands and forests created according to technical projects for fighting erosion;

3. (amend. SG 16/03) meliorate – protection forest belts, forests for protection of engineering installations and forests around the centres of industrial pollution;

4. (amend. SG 16/03) recreational - resort forests and localities, caves, forest parks and green zones out of the urbanised territories (settlements and settlement formations);

5. (amend. SG 16/03) other - seed production plantations and gardens; forest nurseries; geographic forests; dendrariums; forests within the territorial range of single and group cultural monuments and their protective zones; scientific and research and study - trial forests, bird mating areas; up to 200 m around tourist chalets and monasteries; the buffer zones of the reserves; bases for intensive breeding of game.

(3) (amend. SG 16/03) Forests in protected territories are the forests and the lands of the forest entirety being in the protected areas, announced by the order of the Law of the protected territories and in the protected zones, announced by the order of the Law of the biological diversity.

Art. 4a. (new – SG 16/03) The Minister of Agriculture and Forests shall submit every year report to the National Assembly about the status, the reproduction, the using and the preservation of the forests and the lands of the forest entirety.

Art. 5. (amend. SG 16/03) (1) The categorisation and re-categorisation of the forests and of the lands of the forest entirety shall be carried out by the chief of the National Department of Forests upon proposal by departments, municipalities, corporate bodies and individuals after co-ordination with the chiefs of the interested central and territorial bodies and with the consent of the owners.

(2) The conditions and the order for categorisation and re-categorisation of the forests and of the lands of the forest entirety shall be determined with the regulation for implementation of the law.

Section II.

Ownership

Art. 6. The right of ownership of the forests and the lands of the forest fund belongs to corporate bodies and physical persons, to the state and the municipalities.

Art. 7. (1) Sate-owned are all forests and lands of the forest fund which do not belong to physical persons and corporate bodies and the municipalities.

(2) Forests - exceptional state property are:

1. (amend. SG 16/03) the forests in the protected territories, determined as exclusive state property with the Law of the protected territories;

2. (amend. SG 16/03) the isles in the border rivers;

3. (amend. SG 16/03) the forests in the zones of strict guard of the water and the water supply installations, the seed production gardens, the geographic forests and dendrariums.

(3) (amend. SG 16/03) Public state property shall be:

1. the forests and the lands of the forest entirety, conceded for management to departments for fulfilment of their functions or in connection with the defence and the security of the country, or for implementing of health, education and humanitarian activities;

2. the forests and the lands of the forest entirety – state property, in the protected territories in the sense of the Law of the protected territories;

3. the forests and the lands of the state forest entirety, included in territories for cultural – historic protection under the Law of the culture monuments and museums, which designation is determined with a detailed development plan;

4. the forests in the territories of the 200 m strip along the border of the Republic of Bulgaria except the islands in the border rivers, including the 200 m strip along the bank terrace of the Danube river;

5. the protection forest belts;

6. the forests for protection of engineering – technical facilities.

(4) (new – SG 16/03) Private state property shall be all other forests and lands of the state forest entirety.

(5) (new – SG 16/03) The forests and the lands of the state forest entirety shall be managed as national treasure in the interest of the whole society.

Art. 8. (1) (prev. art. 1 – SG 16/03) Municipal property are the forests and the lands of the forest fund, whose right of ownership has been reinstated to the municipalities, as well as those acquired by the order of the Law for the municipal property.

(2) (new – SG 16/03) Forests – public municipal property, shall be:

1. the forests and the lands of the municipal forest entirety, conceded for management to departments for fulfilment of their functions or in connection with the defence and the security of the country, or for i9mplementing of health, education and humanitarian activities;

2. the forests and the lands of the forest entirety in the protected territories in the sense of the Law of the protected territories – municipal property;

3. the forests and the lands of the municipal forest entirety, included in the territories for culture – historic protection under the law of the culture monuments and museums;

4. the forests for protection of engineering – technical facilities.

Art. 9. Private property are the forests and the lands of the forest fund, whose right of ownership has been reinstated to physical persons and corporate bodies, as well as those acquired through a legal transaction, by prescription or other methods of acquisition and do not represent state or municipal property.

Art. 10. (1) Political parties, organisations, movements and coalitions with political purposes cannot have right of ownership of forests and lands of the forest fund.

(2) Foreign states, foreign citizens and foreign corporate bodies cannot have right of ownership of forests and lands of the forest fund.

(3) Foreign citizens can acquire forests and lands of the forest fund only through inheritance by law. They shall be obliged, within three years from disclosure of the inheritance, to transfer it to the persons under Art. 6.

(4) Upon expiration of the term under para 3 the state shall acquire the forests and the lands of the forest fund at prices determined by an ordinance of the Council of Ministers.

Art. 11. The owners of forests and lands of the forest fund must exercise their right of ownership of them in a way which does not deteriorate their condition and does not cause damage to other owners of forests and lands of the forest fund or the society.

Section III.

 Changes in the forest fund and disposing with forests and lands of the forest fund (title amend. SG 16/03)

Art. 12. (amend. SG 16/03) The changes in the forest fund represent including or excluding of forests and lands of the forest fund.

Art. 13. The inclusion in the forest fund of land unfit for agricultural purposes or less production lands shall be carried out by the order of the Law for protection of the agricultural lands.

Art. 14. (amend. SG 16/03) (1) Forests and lands of the forest fund shall be excluded at change of their designation for:

1. plots for construction of power plants, dams and other hydro-technical and electric-technical facilities, obtaining of underground resources, graveyard parks, waste depots, re-loading stations;

2. tracks for linear sites;

a) located on the surface of the terrain – roads, railways, water canals, cable cars, draglifts and other facilities for technical infrastructure;

b) located under the surface of the terrain – oil pipelines, gas pipelines, heat conduits and water supply pipeline with cross section over 1500 mm;

3. creating of new or expansion of the construction boundaries of existing urbanised territories (settlements and settlement formations), as well as creating or expanding of the boundaries of separate regulated landed properties out of them;

4. creating of new or expanding of the construction boundaries of existing urbanised territories (settlements and settlement formations), as well as creating or expanding of the boundaries of separate regulated landed properties out of them in the cases when the Minister of Agriculture and Forests has implemented disposing actions with payment with forests and lands of the state forest fund, in which till March 1, 2003 construction has been implemented in the sense of art. 12 of the Law of spatial planing;

5. creating of lands for agricultural use from land not producing timber in the state forest fund;

6. sites, connected with the national security, the defence of the country, the preservation and the reproduction of environment.

(2) The exclusion of forests and lands from the forest fund after fire shall be prohibited for a term of 20 years.

(3) Para 2 shall not be applied in the several cases:

1. when the change of the designation is connected with the defence or the security of the country;

2. when the change of the designation is connected with the fulfilment of investment projects, approved by the Council of Ministers.

Art. 14a. (new – SG 16/03) (1) The excluding of forests and lands from the forest fund – public state property, as well as private state property with area bigger than 100 decares shall be implemented by the Council of Ministers on proposal by the Minister of Agriculture and Forests, and with area up to 100 decares – private state property – by the Minister of Agriculture and Forests on proposal by the chief of the National Department of Forests.

(2) The excluding of forests and lands from the forest fund – property of individuals and corporate bodies and of municipalities with area bigger than 100 decares shall be implemented by the Council of Ministers on proposal by the Minister of Agriculture and Forests, and up to 100 decares – by the Minister of Agriculture and Forests on proposal by the chief of the National Department of Forests. The excluding of forests and lands from the forest fund – property of municipalities, shall be implemented after decision of the municipal council.

Art. 14b. (new – SG 16/03) (1) For construction of sites under art. 14, para 1, items 1 and 2 as well as for creating of new or expanding of the boundaries of existing separate regulated landed properties out of the urbanised territories (settlements and settlement formations) the owner or the interested person shall make request to the chief of the National Department of Forests for preliminary co-ordination of the excluding of the lands from the forest fund.

(2) For excluding of forests and lands from the forest fund and for including them in the construction boundaries of the urbanised territories (settlements and settlement formations) the mayor of the municipality shall make request to the chief of the National Department of Forests for preliminary co-ordination.

(3) For preliminary co-ordination for excluding of forests and lands from the forest fund terms of reference shall be presented, prepared in compliance with the provisions of the Law of the spatial planing. The chief of the National Department of Forests shall decide with a motivated statement in one month term after receiving of the request.

Art. 14c. (new – SG 16/03) (1) Application for excluding of forests and lands from the forest fund shall be submitted by the owner or by the interested person to the chief of the National Department of Forests if there is acting detailed development plan of landed property or parcel plan for the determined track.

(2) To the application of para 1 shall be attached:

1. (suppl. – SG 34/06, in force from 01.10.2006) copy of identity document, current certificate of registration in the commercial register or certificate for updated status of the court registration and copy of code BULSTAT of the applicant;

2. document for ownership or document, certifying the right to build in other’s property;

3. sketch of the track or the plot with marked co-ordinate points;

4. acting detailed development plan or parcel plan;

5. report and certificate for valuation of the forests and the lands form the forest fund;

6. decision for assessment of the environmental impact, issued by the order of the Law of preservation of environment;

7. written statements by the structures and the territorial units of the National Department of Forests, in which territorial range of activity the properties are located.

(3) The application for excluding shall be considered by permanent commission, appointed with an order by the chief of the National Department of Forests, which in one month term after the date of its submitting shall take motivated decision for change of the designation of the forests and the lands from the forest fund.

Art. 14d. (new – SG 16/03) (1) (amend. - SG 30/06, in force from 12.07.2006) The Minister of Agriculture and Forests shall issue an order for excluding of the forests and the lands from the forest fund or propose to the Council of Ministers to take decision. The order of the Minister of Agriculture and Forests, respectively the decision of the Council of Ministers, for excluding or refusal shall be subject to judicial appeal by the order of the Administrative procedure code.

(2) On proposal by the Minister of Agriculture and Forests the regional governor shall sell, exchange or establish limited real rights in the forests and the lands of the forest fund of para 1 by the order of the Law of state ownership for the person on which request the excluding has taken place.

Art. 14e. (new – SG 16/03) (1) The agricultural territories, afforested or self afforested after March 1, 2003 can be included in the forest fund and shall be managed according to this law.

(2) The forests of para 1, included in the forest fund, can be used again as farm land after written notification to the state forestry.

Art. 15. (1) The owners of forests cannot change their purpose except in the cases under Art. 14.

(2) (revoked – SG 16/03).

Art. 15a. (new – SG 16/03) (1) The state can buy forests and lands from the forest fund – ownership of individuals and corporate bodies and of municipalities, on prices, determined with the ordinance of art. 19, para 1.

(2) With priority shall be bought out forests and lands, located in protected territories, as well as forests with protection and recreation functions.

Art. 15b. (new – SG 16/03) (1) Exchange of forests and lands from the forest fund – private state property, with forests and lands – ownership of individuals, corporate bodies and municipalities, shall be implemented with an order by the Minister of Agriculture and Forests.

(2) The exchange of para 1 shall be implemented on proposal by the National Department of Forests after submitting of written application, accompanied by:

1. report and certificate for valuation of the forests and the lands of the forest fund;

2. written statements by the structures and the territorial divisions of the National Department of Forests, in which territorial range of activity the properties are located;

3. sketches of the properties with marked co-ordination points;

4. document for ownership.

(3) On the basis of the achieved preliminary agreements the chief of the National Department of Forests shall prepare draft order for exchange, in which shall be determined:

1. the price of each of the properties;

2. description of the properties and the documents, certifying the right of ownership;

3. the difference in the value of the properties and the way of its payment;

4. the extent of the overhead expenses, the state fee and the due tax, which are paid by the person, with whom the exchange is implemented.

(4) The person – party in the exchange, shall declare in writing consent under the conditions of para 3.

(5) The order for exchange shall be handed over to the person of para 4.

(6) In one month term after the handing over of the order the person shall pay the due taxes. fees, expenses, as well as the difference in the value of the properties, if the state property is more expensive.

(7) O the basis of the order, entered into force and the implemented payments the chief of the National Department of Forests shall conclude contract for exchange, which shall enter into force from the day of its concluding.

(8) The contract for exchange shall be entered by the applicant at the services for entering for his account.

(9) High stem forests – state property, shall be exchanged with forests equal in origin.

Art. 15c. (new – SG 16/03) The immovable properties – private state property, located in the forest fund, shall be kept and managed by the National Department of Forests and its structures and territorial units, except the properties, for which other ministries and departments have acts for state property.

Art. 15d. (new – SG 16/03) Lands from the state forest fund, being space between rows in newly created forests and not renovated felling grounds, can be conceded for agricultural use for a term not longer than 12 months by the director of the state forestry without conducting of tender or competition, against payment of a fee, determined in a tariff, approved by the Council of Ministers. After payment of the due fees the director of the state forestry shall conclude contract.

(2) The period, for which the space between the rows of para 1 is conceded cannot be bigger than 3 years assumed after the date of creating of the forest.

(3) The period, for which the space between the rows of para 1 is conceded cannot be bigger than 3 years assumed after the date of the felling.

(4) The conditions and the order for determining of the person with whom is concluded the contract of para 1 shall be determined with the regulation for implementation of the law.

(5) The provision of para 1 shall not be applied for lands, being between rows in newly created forests – exclusive state property.

Art. 15e. (new – SG 16/03) (1) The disposing, the letting for rent and the establishing of limited real rights in properties, which are not forests and lands from the state forest fund and are managed by the National Department of Forests and by its structures and territorial units, shall be implemented by the Minister of Agriculture and Forests under the Law of the state property.

(2) Land producing no timber in the forest fund – private state property, shall be let for rent by the Minister of Agriculture and Forests with a tender or a competition, under conditions and by order, determined in the regulation for implementation of the law. On the basis of the results of the tender or the competition a contract for rent shall be concluded by the chief of the National Department of Forests.

(3) Land producing no timber in the forest fund – private state property, shall be let for rent without a tender or a competition for health, education and humanitarian activities for social satisfaction of the respective needs of the population by the Minister of Agriculture and Forests under conditions and by order, determined in the regulation for implementation of the law.

(4) The management and the disposing against payment with chattels – ownership of the National Department of Forests and its structures and territorial units, shall be implemented by the chief of the National Department of Forests by the order of the Law of the state property.

(5) The gratuitous disposing and conceding for management of chattels shall be admitted only when it is implemented between the National Department of Forests and its structures and territorial units.

Art. 16. (amend. SG 16/03; amend. - SG 36/06, in force from 01.07.2006) (1) Establishing right to use and easements in forests and lands from the forest fund – private state property, with area over 100 decares, shall be implemented by the Council of Ministers on proposal by the Minister of Agriculture and Forests, and up to 100 decares - by the Minister of Agriculture and Forests on proposal by the chairman of the National Department of Forests. The proposals shall be coordinated with the Minister of Environment and Water. The right to use shall be established for a term not longer than 30 years.

(2) Establishing easements for fulfilment of technical infrastructure projects in forests and lands from the forest fund – public state property, shall be implemented by the Council of Ministers on proposal by the Minister of Agriculture and Forests for the term of exploitation of the infrastructure object.

(3) Gratuitous right of use under para 1 can be instituted by an order of the Council of Ministers at the proposal of the Minister of Agriculture and Forests only for sites, directly connected with the national security and with the defence of the country, or for other especially important state needs.

(4) Gratuitous right of use as referred to in para 1 shall be ceded with an order by the Council of Ministers on the proposal by the Minister of Agriculture and Forests and the Minister of Education and Science to state schools, to scientific institutes and to corporate bodies at budget maintenance, conducting education or implementing scientific activity, related to management, using, development and preservation of forests.

(5) Right of use of forests and lands from the forest fund may be instituted for:

1. implementing activities concerning prospecting and investigation of underground resources by the order of the Law of the underground resources;

2. disposition of movable objects, not permanently bound with the land, for implementation of commercial and other servicing activities;

3. implementation of activities, connected with long term and short term recreation, physical exercises, sport and tourism, for which construction is not required in the sense of art. 12, para 1 of the Law of Spatial Planning.

(6) Easements on forests and lands of the forest fund may be instituted for:

1. laying telephone, telegraph, radio communication and other lines;

2. underground water pipes of up to 1500 mm section, sewerage, cables and other components of the technical infrastructure.

(7) The municipal council can establish with a decision right of use and easements on areas of the municipal forest fund.

(8) The owner shall retain his right of ownership of the wood of the ceded areas inasmuch as the act for instituting the right of use does not stipulate otherwise.

Art. 16a. (new – SG 16/03) (1) For establishing of right of use and easements in forests and lands from the state forest fund a written application shall be submitted to the National Department of Forests.

(2) To the application of para 1 shall be attached:

1. (suppl. – SG 34/06, in force from 01.10.2006) a copy of identity document, current certificate of registration in the commercial register or certificate for updated status of the judicial registration and copy of BULSTAT code of the applicant;

2. sketch of the route or the area with marked co-ordination points;

3. scheme, approved by the chief architect of the municipality, approved record for choice of route, permission for prospecting and investigation of underground resources or other document, certifying the need of establishing;

4. report and certificate for valuation of the forests and the lands of the forest fund;

5. decision about assessment of the impact on the environment, issued by the order of the Law of preservation of environment;

6. written statements by the structures and the territorial units of the National Department of Forests, in which territorial range of activity the properties are located.

(3) Upon positive statement by the National Department of Forests for conceding of areas up to 100 decares from the state forest fund the Minister of Agriculture and Forests can issue an order.

(4) Upon positive statement by the National Department of Forests for establishing of right of use and easements in areas of the state forest fund over 100 decares, as well as for establishing of right of use and easements for fulfilment of infrastructure projects in forests and lands from the forest fund – public state property, the Minister of Agriculture and Forests shall prepare draft decision of the Council of Ministers for which the latter can take decision.

(5) Upon negative statement the National Department of Forests shall terminate the procedure and notify in writing the applicant in one month term.

Art. 16b. (new, SG 107/03) (1) For easement around air and underground power lines, heat pipelines and gas pipelines shall apply the provisions of Chapter Five of the Law of the energy sector.

(2) The easement around the energy sites located on forests and lands of the forest fund shall be coordinated by the energy enterprises with the National Department of Forests.

(3) The determination of the size of the indemnification for easement on forests and lands of the forest fund under para 2 shall be carried out by the order of the ordinance under art. 19.

Art. 17. (new – SG 16/03) The reduction of the forests, existing on the territory of the country by March 1, 2003 shall not be admitted.

Art. 18. (revoked – SG 16/03).

Art. 19. (amend. – SG 16/03) (1) For the excluded areas the established right of use and easements in forests and lands from the state forest fund price shall be paid, determined with an ordinance, approved by the Council of Ministers.

(2) The sum under para 1 shall be paid to the budget of the Ministry of Agriculture and Forests.

(3) The price for the excluded and the conceded areas from the municipal forest fund shall be in extent, determined by the municipal councils, but not less tan the price, determined under para 1 for the state forest fund. The sum shall be paid to the municipal budgets.

(4) The price for the excluded areas from the forest fund – property of individuals and corporate bodies, shall be in extent, determined under the conditions and by the order of para 1 for the state forest fund. The sums shall be paid to the budget of the Ministry of Agriculture and Forests.

(5) The excluded areas shall be occupied after payment of the due price.

(6) The areas of the forest fund, on which right of use and easements have been established, shall be occupied after payment of the due price.

(7) The rights of the persons, in favour of whom is decreed excluding or right of use or easement has been established, shall be extinguished in case they do not pay the due sums in three months term after handing over of the acts of art. 14d, para 1 and art. 16a, para and 4.

(8) The excluding of forests and lands from the forest fund shall be implemented gratuitously by the body of art. 14a for creating of lands for agricultural use from no timber producing lands in the state forest fund.

(9) The excluding of forests and lands from the forest fund shall be implemented gratuitously by the Council of Ministers on proposal by the Minister of Agriculture and Forests, for construction of sites, connected with the national security and with the defence of the country, for reproduction of environment, as well as for realising of international ecological and social projects of national or regional importance.

Chapter two.

ORGANISATION OF THE FOREST FUND

Section I.

Management of the forest fund

Art. 20. (1) (prev. art. 20 – SG 16/03) The management of the state forest fund and the control over all forests and lands of the forest fund shall be carried out by the National Department of Forests at the Ministry of Agriculture and Forests as a corporate body at budget support.

(2) (new – SG 16/03) The National Department of Forests shall be managed by a chief.

(3) (new – SG 16/03) National council for forests shall be established at the Minister of Agriculture and Forests as consultative body for discussing of basic issues of the management of the forests.

(4) (new – SG 16/03) The Minister of Agriculture and Forests shall determine with an order the members of the National council for forests with chairman deputy Minister of Agriculture and Forests.

(5) (new – SG 16/03) The members of the National council for forests shall include representatives of the Ministry of Agriculture and Forests, the Ministry of Environment and Waters, the Ministry of Interior, the Ministry of Regional Development and Public Works, the Ministry of Finance, the Ministry of Justice, the National Department of Forests, the Institute for forests at the Bulgarian Academy of Science, the Forestry University, the Union of the foresters in Bulgaria and other non profit corporate bodies, which activity is connected with management, preservation and guarding of the forests.

(6) (new – SG 16/03) The organisation of work of the National council for forests shall be determined with the regulation for implementation of the law.

Art. 21. (amend. SG 16/03) The National Department of Forests, in compliance with its functions and tasks, shall manage and control:

1. the development and the accounting of the forest fund;

2. the preservation of forests and lands from the forest fund;

3. the reproduction of the forests in the forest fund;

4. the benefits from the forests and the lands of the forest fund;

5. the construction in the forest fund;

6. the financing of the activities in the state forest fund;

7. the hunting farms.

At. 22. (amend. SG 16/03) (1) The regional departments of the forests and the state forestries are corporate bodies - structures of the National Department of Forests.

(2) (amend. SG 16/03) The chief of the National Department of Forests can establish specialised territorial units – corporate bodies for protection and preservation of the forests, for forests seeds control, for inventory and development of the forest fund, for scientific research and engineering – introduction activity, for fulfilment of the plans for management of the natural parks and for other specialised activities.

(3) (amend. SG 16/03) The chief of the National Department of Forests shall determine the territorial range of activity of the structures and the territorial units of the National Department of Forests.

(4) (amend. SG 16/03) The functions and the tasks of the directorates of natural parks shall be determined with forest development regulations, approved by the chief of the National Department of Forests.

(5) The directorates of natural parks according to their functions and tasks, can implement the organisation, the co-ordination and the control of the activities, pointed out in art. 23, para 2 at the regions, determined for them, according to the structural regulations of para 4.

(6) The directorates of natural parks shall be independent corporate bodies and subordinated to the chief of the National Department of Forests.

Art. 23. (1) (amend. SG 16/03) The regional departments of forests shall carry out the management of the state forest fund and the control over the forests and the lands of the forest fund and the forests under art. 14e, as well as over the forestries in their region.

(2) The regional departments of forests, in compliance with their functions and tasks, shall carry out the organisation, the co-ordination and the control over the activities on:

1. the reproduction of the forests of the forest fund;

2. the benefits from the forests and the lands of the forest fund;

3. the preservation of the forests and the lands of the forest fund;

4. the designing and the construction in the forest fund.

5. (new – SG 78/00) the hunting farm.

(3) The regional departments of forests are subordinated directly to the National department of forests.

(4) (new – SG 16/03) The regional departments of forests shall be managed by a chief. They shall implement their authorities within the territorial range of activity, determined for them.

Art. 24. (1) (amend. SG 16/03) The state forestries shall carry out the management of the state forest fund, the guarding and the control over the forests and the lands of the forest fund and the forests under art. 14e their region.

(2) The state forestries, in compliance with their functions and tasks, shall carry out the organisation and the control over the activities under Art. 23, para 2 in their region.

(3) The state forestries are subordinated to the National and to the regional departments of forests.

(4) (new – SG 16/03) The state forestries shall be managed by a chief. They shall implement their authorities within the territorial range of activity, determined for them.

Section II.

Structure and account of the forests

Art. 25. (1) (amend. SG 16/03) The forests and the lands of the forest fund shall be constructed, managed and used according to forest development projects, plans and programmes.

(2) (amend. SG 16/03) The forest development projects, plans and programmes shall be made for kinds of ownership by an order and for a period according to ordinance for the structure of the forests and the lands of the forest fund and of the hunting economic regions in the Republic of Bulgaria, issued by the Minister of Agriculture and Forests at the proposal of the chief of the National Department of Forests.

(3) (amend. SG 16/03) The forest development projects shall be approved by the chief of the National Department of Forests upon co-ordination with the interested ministries and administrative bodies.

(4) (amend. SG 16/03) The inventory of the forests and lands from the forest fund shall be for the account of the state budget.

(5) (Amend SG 99 2002) The forest development plans shall be approved by the chief of the regional department of forests and the forest development programmes - by the director of the state forestry after co-ordination with the interested persons.

(6) (new – SG 16/03; amend. - SG 82/06) The bodies of para 3 and 5 shall notify the bodies of the Ministry of Environment and Waters, the Ministry of Regional Development and Public Works, the National service "Fire Safety and Public Protection" and the respective municipal administration by the order of the Civil Procedure Code, that the forest development projects, plans and programmes have been prepared, which should be co-ordinated in 14 days term after receiving of the notification. The not pronouncing shall be considered silent consent.

(7) (new – SG 16/03) The resources, necessary for working out of the forest development projects, plans and programmes shall be for the account of the owners of forests and lands from the forest fund. The working out of the forest development projects, plans and programmes for the forests and lands from the forest fund with total area over 500 decares, which owners have united for joint management, shall be for the account of the state budget.

(8) (new – SG 16/03) For the forests and lands from the forest fund with area up to 20 decares – ownership of individuals and corporate bodies, shall not be obligatory the working out of the forest development projects, plans and programmes.

(9) (new – SG 16/03) The owners of forests and lands from the forest fund shall mark the boundaries of their property with clearly visible and durable signs by an order, determined with the regulation for implementation of the law.

(10) (new – SG 16/03) For limited territories of the forest fund, comprising regions of activity of more than one state forestry, shall be worked out framework forest development projects in compliance with the development schemes in the sense of the Law of spatial planing. In the framework projects shall be determined the basic objectives for reproduction, using and preservation of forests.

Art. 26. (1) The forests and the lands of the forest fund within the limits of one land area - property of physical persons, corporate bodies or municipalities, less than 500 decares, can be grouped if possible by the consent of the owners in massifs for joint structure, under the conditions and by an order determined by the regulations for implementation of the law.

(2) (suppl. SG 16/03) The owners of forests and lands of the forest fund shall have the right to cede them for management to the respective state forestry or to the persons, registered by the order of art. 39, para 2 or art. 57a under conditions and by an order determined by the regulations for implementation of the law.

Art. 27. The National department of forests shall keep account and shall indicate all occurred changes of all forests, as well as of the lands of the forest fund and shall create and maintain the national data base for them.

Art. 28. (amend. SG 16/03) (1) The forests and the lands of the forest fund shall be subject to valuation in the following cases:

1. determining of market price at the transactions with forests and lands from the forest fund;

2. including or excluding of forests and lands from the forest fund;

3. consolidation;

4. other cases for which a normative act requires market valuation of the property.

(2) The owners of forests and lands of the forest fund shall be obliged to cede gratuitously information for implementing of the valuation when it is for the needs of the National Department of Forests.

(3) The assessment shall be made by individuals with higher forestry education, having certificate for finished course for valuation of forests and lands from the forest fund.

(4) The implementing of the valuation can be assigned to corporate bodies and sole traders. On their behalf the valuation shall be implemented by a person, acquired right to assess forests and lands from the forest fund.

(5) The courses for valuation shall be conducted by the Institute for forests at the Bulgarian Academy of Science and by the Forestry University according to a programme, approved with an order by the chief of the National Department of Forests.

(6) The chief of the National Department of Forests or an official, authorised by him shall appoint a commission for carrying out of exam for the persons, graduated the course for valuation. In 7 days term after the exam the commission shall present to the chief of the National Department of Forests the record about it.

(7) In 7 days term after receiving of the record of the exam commission the chief of the National Department of Forests shall issue certificate for the persons, passing successfully the exam of para 6.

(8) The certificate of para 7 shall be without termless and for its issuing a fee shall be paid in extent, determined with a tariff by the Council of Ministers.

(9) The basic prices of the forests and lands from the forest fund as well as the conditions and the order for implementing of the valuation shall be determined with the ordinance of art. 19, para 1.

Art. (1) The National Department of Forests shall keep a register of all forests and of the lands of the forest fund which shall contain data about the owner, the area and the kind of the forests, as well as the changes occurring in them.

(2) (amend. SG 16/03) The register shall be public and shall be kept in a form approved by the chief of the National department of forests.

(3)For change of the ownership the new owner shall be obliged to inform, within 14 days, the respective state forestry.

Section III.

Forest employees

Art. 30. (amend. SG 16/03) The forest employees shall be:

1. the persons, who implement their activity with official or employment legal terms in the National Department of Forests, in its structures and specialised territorial units and take positions for which forestry education is necessary;

2. the directors of the state game breeding stations;

3. the persons, who implement activity with employment legal terms in the state game breeding stations and study trial forest farms and take positions for which forestry education is necessary.

Art. 31. (amend. SG 16/03) (1) The chief of the National Department of Forests shall appoint after conducting of competition the chiefs of the regional departments of forests and the directors of the state forestries and the natural parks, who must have higher forestry education with educational degree "master". As director of natural park can be appointed also a person with finished higher education in the speciality "Ecology and protection of environment in the field of the forest ecosystems" with educational degree "master".

(2) The chief of the National Department of Forests shall appoint after conducting of competition the chiefs of the specialised territorial units under art. 22, para 2, who must have higher education, corresponding to the subject of activity of the division.

(3) The owners of forests and lands of the forest fund – private and municipal property, with total area larger than 500 hectares, shall be obliged to conclude employment or civil contract with persons, registered by the order of art. 39, para 2 for implementing of the management, the using and the renewal of the forests.

(4) Para 3 shall not be applied in the cases when the owners have conceded their forests and lands for management to the state forestry under the conditions and by the order of art. 26, para 2.

(5) The chiefs of the regional departments of forests must have practice in the speciality not less than five years. The deputy chiefs of the regional departments of forests, the directors of the state forestries, of the natural parks and of the specialised territorial units of art. 22, para 2 must have practice in the speciality not less than three years.

Art. 32. The guarding of the forests shall be carried out by forest guards who must have education and qualification determined by the regulations for implementation of the law.

Art. 33. (1) (suppl. SG 16/03) The forest guards shall be forest employees and in fulfilment of their obligations shall wear obligatorily uniforms with the respective distinctive signs and firearms.

(2) The uniforms of the forest guards cannot be used and submitted to other persons.

(3) The forest guard shall be responsible for the guarding in the sector or territory assigned to him.

Art. 34. The forest guards shall:

1. guard the protected sectors assigned to them against illegal use and damage;

2. require the compliance with the rules for felling and other benefits from the forests, the protection of the forests in the protected territories and sites, the border and other signs in the forests, installations and buildings in the forest fund and other sites within the limits of the sectors assigned to them;

3. check up all documents for felling, pasture, hunting, fishing and other benefits from the forests;

4. protect the game and the fish in the sectors assigned to them and intercept the offenders;

5. control the observation of the fire protection rules and in cases of fire, take measures for its restriction and extinguishing;

6. (amend. SG 16/03) stop the vehicles transporting timber and other forest products for check of their origin;

7. control the health condition and the hygiene of the forests in the sectors assigned to them and, if necessary, signal the state forestry;

8. do not admit illegal construction and working lands in the forest fund; if such violations are established they shall, within 3 days, inform the director of the state forestry who shall be obliged to inform the bodies under the Law for the territorial and urban development;

9. (amend. SG 16/03) compile acts for established violations of this law by the order of the Law for the administrative violations and penalties;

10. detain the objects - subject of the violation, as well as the objects which have served for its perpetration;

11. (new – SG 16/03) check storehouses and timber processing enterprises for the origin of the round and the processed timber materials and side uses;

12. (new – SG 16/03) guard the protected species animals and plants and follow the observing of the regimes of the protected territories and the protected zones in the region of activity, determined for them;

13. (new – SG 16/03) compulsory take the offenders with unknown identity to the nearest division of the Ministry of Interior;

14. (new – SG 16/03; amend. - SG 82/06) have rights and the obligations of art. 72, para 1, items 1, 2 and 3 of the Law of the Ministry of Interior.

Art. 35. (1) (amend. SG 16/03) The structures of the National Department of Forests shall obligatorily insure the forest guards for "Life and accident".

(2) To forest guards who have suffered proprietary damages during or on occasion of fulfilment of their duties shall be paid one-time compensation amounting to 10 gross monthly salaries for severe physical injury and 6 gross monthly salaries for average physical injury.

(3) To the spouse, the children and the parents of perished forest guard during or on occasion of fulfilment of his duties shall be paid one-time compensation amounting to 12 gross monthly salaries to every entitled person.

Art. 36. (amend. SG 16/03) The forest employees shall have the rights and the obligations under art. 34. and art. 35, para 1.

(2) The forest employees shall support the owners of forests with consulting and implementing of administrative and technical services at the management of their forests and on occasion of fulfilment of obligations, determined with the law.

(3) For the administrative and the technical services, implemented by the National Department of Forests, its structures and territorial units fees shall be paid in extent, determined with a tariff of the Council of Ministers.

Art. 37. (1) (new – SG 16/03) The employees of the National Department of Forests, its structures and territorial units shall have right to receive for each 10 years of practice up to 5 cubic meters timber construction material from the state forest fund against payment.

(2) (prev. (1), amend. SG 16/03) The forest employees shall wear uniforms under conditions and by an order determined with an ordinance by the Minister of Agriculture and Forests.

(3) (prev. (2) – SG 16/03) The forest employees shall have the right to carry firearms according to the provisions of the Law for control over the explosives, weapons and munitions under conditions and by an order determined by the regulations for implementation of the law.

Art. 38. (1) (amend. SG 16/03) The employees of the state forestries, living in the forests, shall have the right to use housing premises provided by the National department of forests and by its structures and specialised territorial units under conditions and by an order determined by the regulations for implementation of the law.

(2) The employees under para 1 shall have the right to use for their own needs, without paying taxes, up to 5 decares arable land, meadow in the forest fund and, annually, up to 10 cubic metres firewood under conditions and by an order determined by the regulations for implementation of the law.

Art. 39. (amend. SG 16/03) (1) Exercising of private forestry practice shall be:

1. marking of trees, subject to felling, growing of young forests without material yield, trimming of trees and preparing of the account documents, accompanying the activity;

2. collecting and obtaining of seeds, production of saplings and other reproduction materials of forest – tree and bush species, creating of forest stands and preparing of the account documents, accompanying the activity;

3. working out of terms of reference and forest development projects, plans and programmes for forests and lands from the forest fund;

4. working out of terms of reference and projects, plans and programmes for soil conservation and biological reclamation of damaged terrains;

5. organisation of obtaining of timber and working out of transport – technological projects, plans and schemes for using of forests and lands from the forest fund and preparing of the account documents, accompanying this activity;

6. valuation of forests and lands from the forest fund;

7. management of forests and lands from the forest fund, property of individuals and corporate bodies and of municipalities;

8. expertise and consultations for forestry activities;

9. working out of designs for forest roads and facilities.

(2) The activities of para 1 shall be implemented by individuals, who are entered I a public register of the National Department of Forests. The order and the criteria for registration shall be determined in an ordinance, issued by the Minister of Agriculture and Forests.

(3) For implementing of the activities of para 1, items 3, 4, 7, 8 and 9 in the register of para 2 shall be entered a person, who has higher forestry education and for the activities of para 1, items 1, 2 and 5 – higher or secondary forestry education. For implementing of the activities of para 1, item 9 in the register of para 2 can be entered also a person, who has higher education in the speciality "Transport construction".

Art. 39a. (new – SG 16/03) (1) For implementing of the registration of art. 39, para 2 the person shall submit application to the National Department of Forests, to which shall be attached a copy of diploma for graduated forestry education and document for paid fee for considering of the application and for registration, and in the cases of art. 39, para 1, item 6 – also certificate of art. 28, para 7.

(2) The application of para 1 shall be considered by a commission, appointed with an order by the chief of the National Department of Forests, which shall in one month term after the date of submitting it prepare a motivated proposal to the chief of the National Department of Forests.

(3) The chief of the National Department of Forests shall decide on the proposal of the commission in 7 days term after its preparation. The applicant shall be notified by the order of the Civil Procedure Code.

(4) (amend. - SG 30/06, in force from 12.07.2006) The body of para 3 shall pronounce a motivated refusal to the application when the person has not presented some of the documents of para 1 and/or does not meet the requirements of art. 39, para 3. The refusal can be appealed by the order of the Administrative procedure code.

(5) The entering in the register shall be implemented in 3 days term after the decision of the body of para 3 and a certificate shall be issued to the applicant.

Art. 39b. (new – SG 16/03) (1) A person, entered in the register for exercising of the activities of art. 39, para 1, shall be written off in the following cases:

1. on application by the person;

2. upon death;

3. at placing of the person under interdict;

4. when he concedes control forest mark to third person;

5. at violating of art. 39, para 1.

(2) The fee of art. 39a, para 1 shall be determined with a tariff by the Council of Ministers.

(3) The implementing of the activities of art. 39, para 1 can be assigned also to traders, who have concluded employment contract with at least one person, registered for implementing of the respective activity.

(4) The employees of the National Department of Forests, its structures and the specialised territorial units cannot implement private forestry practice in the forests and lands from the forest fund.

(5) The provision of para 4 shall not be applied in the cases when the activities of art. 39, para 1 are implemented in forests, property of the registered forester, as well as his relatives in direct line without restriction, of relatives of lateral line up to third degree inclusive and of relatives by law up to second degree inclusive.

Chapter three.

REPRODUCTION OF THE FORESTS

Section I.

Planting new forests and fight against erosion

Art. 40. (1) (amend. SG 16/03) The creating of new forests shall include the activities of collecting, obtaining and producing forest reproduction material, afforestation, growing, stock taking of the forests, support of the natural renewal and soil conservation.

(2) The reproduction of the forest comprises the activities on planting new forests, carrying out growing, sanitary and restoration felling.

Art. 41. (amend. SG 16/03) The National Department of Forests, its structure and the specialised territorial units shall control the activities for creating of new forests in the forest fund and on farm lands, used for forestry objectives.

(2) The fulfilment of the activities for reproduction of the forests in the state forest fund shall be assigned under conditions and by order, determined in an ordinance by the Minister of Agriculture and Forests.

(3) The reproduction of the forests as well as the development of the forests – state and municipal property, can be implemented by the state forestry or by traders, registered in the public register of art. 57a.

Art. 41a. (new – SG 16/03) (1) The determining of the sources from forest seed production base, the collecting and the obtaining of reproduction materials, designated for forestry purposes, and their grading, including from import, shall be implemented under conditions and by order, determined with an ordinance by the Minister of Agriculture and Forests.

(2) The forest nurseries, where saplings are produced for forestry needs, shall be registered at the state forestries after submitting of written application by their owner. The registration shall be implemented in 14 days term after the submitting of the application by the official, determined by the director of the state forestry.

(3) The Minister of Agriculture and Forests shall determine with an ordinance the conditions and the order for production of saplings for afforesting in the state forestries – state property.

(4) The production and the trade of forest reproduction materials, used for forestry purposes, shall be implemented under conditions and by order, determined with an ordinance by the Minister of Agriculture and Forests.

(5) The trial and the determining of the sowing and the planting qualities of the forest reproduction materials shall be implemented by specialised territorial units of the National Department of Forests under the conditions and by the order of the ordinance of para 1.

Art. 42. (amend. SG 16/03) (1) The afforestation in the forest fund shall be carried out according to the forest development projects, technical projects for fighting with the erosion and landslides, plans and programmes under the conditions and by the order, determined with ordinance by the Minister of Agriculture and Forests.

(2) Not renewed felling grounds and fire plots from the forest fund shall be afforested by their owner up to two years after felling or fire. If there are objective reasons the term can be extended by the chief of the regional department of forests with one year.

(3) For creating of protective forests, for development of apiculture and sericulture, for trial and scientific purposes, for implementing afforestation with voluntary labour, for training of students, as well as for ecological purposes, the National Department of Forests can concede gratuitously reproduction materials and technological plans for afforestation under conditions and by order, determined with the regulation for implementation of the law.

(4) The reproduction materials and technological plans for afforestation of para 3 shall be ensured by the state forestry, on which territory is implemented the afforestation, after submitting of written application till November 30 for the provided spring afforestation and till April 15 for the autumn afforestation. Applications can submit:

1. the owners and the users of forests and farm lands – for creating of protective forests;

2. apiculture associations - for the needs of apiculture;

3. the Association of the sericulturists in Bulgaria – for the needs of sericulture;

4. (suppl. - SG 102/06) the ecological associations, organisations and unions, the high schools and the higher schools, the mayoralties and the municipalities, the structures and the divisions of the Ministry of Defence, the Ministry of Interior, the territorial units of the Ministry of State Policy for Disasters and Accidents and the Union of hunters and fishermen in Bulgaria – at organising and implementing of afforestation with voluntary labour;

5. The Forestry University, the Institute for forest at the Bulgarian Academy of Science and the high schools, educating cadres for the needs of the forestry – for trial and scientific purposes and for sport of the education of the students.

(5) The state forestries can organise with the consent of the owners the creating of forests of fast growing species (poplars, willows etc.) on not afforested lands of individuals and corporate bodies and of municipalities with resources from the budget of the Ministry of Agriculture and Forests.

(6) The conditions and the order for organising of the activity for creating of new forests of para 5 shall be determined with the regulation for implementation of the law.

(7) Not afforested lands and forests with degraded status from the state forest fund can be conceded for afforestation to individuals and corporate bodies and to municipalities by the order of art. 16. The afforestation shall be implemented for the account of the person, to whom the forests and the lands have been conceded.

(8) The resources for restoration of forests destroyed by natural disasters and major production accidents shall be for the account of the state budget.

Art. 43. (revoked – SG 16/03).

Art. 44. (1) Owners or users of forests who, by their activity or inactivity have lead to damages of the forests or erosion of the soil, shall be obliged to recultivate and afforest them.

(2) (amend. SG 16/03) The restoration works on the areas of para 1 shall be implemented according to a project and within term, approved by the chief of the National Department of Forests and shall be for the account of the owner or the user.

(3) (revoked – SG 16/03).

(4) (revoked – SG 16/03).

Art. 45. (revoked – SG 16/03).

Art. 46. (1) (prev. art. 46 – SG 16/03) The National department of forests shall organise, manage and control the fight against erosion in the forests and in the lands of the forest fund.

(2) (new – SG 16/03) The fight with erosion and landslides in the forest fund and the construction of fortification facilities shall be for the account of the owners and shall be implemented under conditions and by order, determined with an ordinance by the Minister of Agriculture and Forests.

(3) (new – SG 16/03) The constructions and the maintenance of the technical – fortification facilities in forests and lands from the forest fund can be financed by the budget of the Ministry of Agriculture and Forests when it is included in technical projects and programmes for fight with erosion, approved by the National Department of Forests.

Section II.

Carrying out growing, sanitary and restoration felling

Art. 47. (amend. SG 16/03) (1) The felling shall be conducted according to the provisions of the forestry projects, plans and programmes.

(2) The owners of forests shall obligatory carry out sanitary felling according to prescriptions of the respective state forestry in term not later than two years after establishing of the damages.

(3) The kinds of felling and the methods of conducting them shall be determined with an ordinance, issued by the Minister of Agriculture and Forests.

(4) The growing of young plantations without obtaining timber, the trimming, the fencing of renewal and renovated sections and young forests and the marking of the forests for felling can be organised by the state forestries or by persons, registered by the order of art. 29, para 2.

(5) In forests, ownership of individuals and corporate bodies, with area of each separate landed property under 20 decares, the conducting of felling shall be carried out without observing the requirements of para 1 and under conditions and by order, determined in the ordinance of para 3.

Art. 48. (1) For providing the restoration of the forests restoration felling shall be carried out in them.

(2) The basic requirement for planting new forests and for the correct restoration and use of the existing ones shall be the principles of their steady development.

Art. 49. (amend. SG 16/03) (1) The change of the kind and/or the intensity of the felling, provided in the forest development projects, plans and programmes, shall be implemented upon proven need with a record by a commission, appointed by the chief of the National Department of Forests or by persons, authorised by him by an order, determined with the regulation for implementation of the law.

(2) The changes of para 1 in the protected territories shall be implemented after co-ordination with the Minister of Environment and Waters.

Art. 50. (1) The forests shall be managed and used as high-stem, offshoot, mixed seed-sucker and low-stem.

(2) The high-stem forests shall be managed and used in a way preserving their seed origin.

(3) (amend. SG 16/03) The offshoot and the mixed seed-coppice state and municipal forests shall be managed and used mainly in a way providing their transformation into seed ones.

(4) The low-stem forests shall be managed and used in a way providing their offshoot restoration.

(5) (amend. SG 16/03) The renewal felling in high-stem forests except poplar and acacia, as well as in areas for creating feeding base for the game in the state game breeding stations shall be carried out at age not less than 60 years and for the low-stem – not less than 15 years. The artificially created forests shall be managed under scientifically and practically substantiated felling age, certified with a record by a commission, appointed by the chief of the National Department of Forests.

Art. 51. (1) The felling in the high-stem forests shall be carried out throughout the whole year and in the low-stem forests - from September 1 through April 1.

(2) In cases of late vegetation of the low-stem forests the term of felling can be extended by April 30.

(3) The low-stem forests for obtaining leaf fodder shall be felled from August 1 and those for bark and bast - by May 31.

(4) In high-stem forests for preservation of the growth the felling can be prohibited from April 1 through October 1.

Art. 52. (1) Prohibited is the clear felling in the high-stem forests with area over 50 decares or the merging of clear cutting areas with total area over 50 decares, with the exception of poplar, acacia and other fast-growing kinds.

(2) Prohibited is the felling in the dwarf pine and black fir forests with the exception of the sanitary.

Chapter four.

BENEFITS FROM THE FORESTS AND THE LANDS OF THE FOREST FUND

Section I.

General Provisions

Art. 53. (amend. SG 16/03) (1) The use of forests and lands in the forest fund in the context of the law represents the obtaining of timber and/or side uses, as well as the disposing with them.

(2) The using of timber from forests and lands in the state forest fund shall be carried out in some of the following ways:

1. by taxes per tree;

2. by assigning of the obtaining and selling of the obtained timber from storehouse;

3. by tender, competition or negotiations for conceding of felling grounds;

4. by tender, competition or negotiations for conceding of the fulfilment of the activities, provided in the forest development projects for whole forestries or parts from them;

5. through concession;

6. by the state forestries, which independently organise and fulfil the activities for obtaining and transportation.

(3) The using of the side forest products shall be implemented after the payment of fees, determined with a tariff of the Council of Ministers or with a concession.

(4) The using of forests and lands in the forest fund – municipal property, shall be implemented in the ways, pointed out in para 2 and 3 after decision of the municipal council.

(5) Individuals and corporate bodies – owners of forests, shall dispose with the timber and the products, obtained from their properties, observing the requirements of the law.

(6) At carrying out activity in the forests it shall be prohibited to use equipment and technologies leading to development of erosion processes, to mass destruction of the undergrowth to incurring damages to the remaining forest stand.

Section II.

Concessions</p>

Art. 54. (1) (amend. SG 16/03) Concession for forests - state or municipal property shall be granted by the order of the Law for the concessions, respectively the Law for the municipal property, in compliance with the requirements of the forest development projects, admitting the use of wood only in plantations where the forest development project provides for restoration felling with subsequent artificial or offshoot restoration.

(2) (amend. SG 16/03) Until the conclusion of the concession contract the fulfilment of the measures provided by the forest development projects shall not stop.

Art. 55. (amend. SG 16/03) The benefits, which are not comprised by granted concession right, shall be obtained under conditions and by an order stipulated by the law.

Art. 56. (amend. SG 16/03) Proposal for granting concessions for forests shall be made by the Minister of Agriculture and Forests by the order of the Law for the concessions.

Section III.

Using wood

Art. 57. (amend. SG 16/03) (1) The using of timber from the forests regardless of their ownership shall be implemented according to the forest development projects, plans and programmes, except these of art. 47, para 5.

(2) The conditions and the order for use of timber from the state and the municipal forest fund under art. 53, para 2, items 3 and 4 as well the order for sale of timber, obtained by the order of art. 53, para 2, items 2 and 6, shall be determined with the regulation for implementation of the law.

(3) In the cases of art. 53, para 2, items 1 and 3 the state forestry shall concede the using of timber and the user shall acquire the right of ownership in the obtained timber after its payment.

(4) In the cases of art. 53, para 2, item 2 the state forestry shall assign the obtaining of the timber under the conditions and by the order of the Law of public procurement, preserving the ownership in the obtained timber.

(5) The timber from the forests – ownership of the state, shall be used by the state game breeding stations in the region, determined for them against payment of percentage of the sale price, determined with the tariff of art. 15d, para 1.

(6) The state forestries and the municipalities shall determine in extent up to one third of the approved annual use of the timber for timber obtaining and timber processing enterprises, which are with headquarters and address of management on the territory of the respective state forestry and implement their activity on the same territory.

(7) The timber of para 6 shall be conceded under conditions and by order, determined in the regulation for implementation of the law.

(8) In the cases of art. 53, para 2, item 4 the state forestry shall assign the fulfilment of all the measures and activities, provided in the forest development projects. The assigning shall be implemented for a term not longer than the term of action of the project.

(9) An individual can for its own needs use timber with fees per tree in forest – property of the municipality, where is his permanent address, and when this is not possible - from the respective state forests under conditions and by order, determined in the regulation for implementation of the law. The timber cannot be transferred. In this case registration by the order of art. 39, para 2 is not required for the individual.

(10) The right of para 9 shall also have: the monasteries, then churches, the mosques and the other religious institutions, the municipal and the state schools and the units servicing them, the social homes, the places for deprivation from liberty, the military divisions, the culture institutes at budget maintenance and the employees and the workers of the National Department of Forests, of its structures and the specialised territorial units. The timber, obtained by this order cannot be transferred.

(11) The amount of the annual use of para 9 and 10 shall be determined:

1. with a decision of the municipal council – for the forests – municipal property;

2. by the chief of the respective regional department of forests on proposal by the director of the state forestry – for the forests – state property.

(12) Upon damages of the infrastructure and at occurred danger for its normal and safe functioning, as well as at trials on trial areas the state forestry shall implement or concede the using by the order of art. 53, para 2, item 1. In this case the user shall have the right to dispose freely with the timber.

Art. 57a. (new – SG 16/03) (1) In the procedures for conceding of te use by the order of art. 53, para 2, items 2, 3 and 4 can participate traders, registered in public register at the National Department of Forests.

(2) In the register of para 1 shall be entered traders meeting the following requirements:

1. to have concluded employment contract with at least one person, registered for exercising of private forestry practice for the activity of art. 39, para 1, item 5;

2. to be not in procedure of liquidation;

3. to be not announced insolvent and to be not in procedure of announcing insolvent;

4. to be not deprived from the right to exercise commercial activity;

5. to have no pecuniary liabilities to the state, established with an act, entered into force, by a competent body or liabilities to insurance funds. unless the competent body has admitted deferring or postponement of the liability;

6. to have positive reputation for the last three sites, in which they have implemented activity for using of timber from the forests – state property – for traders, implemented such activity.

(3) The order and the criteria for registering of the traders shall be determined with the ordinance of art. 39, para 2

(4) For implementing of the registration the trader shall submit application to the chief of the National Department of Forests, to which shall be attached documents, certifying the circumstances of para 2.

(5) The trader shall attach to the application a declaration about the circumstances of para 2, item 6, in which are pointed out the last three sites, in which he has used timber, or declaration, that he has not implemented activity for using of timber from the forests – state property.

(6) The application shall be considered by a commission, appointed with an order by the chief of the National Department of Forests, which in one month term from the date of submitting it shall prepare motivated proposal to the chief of the National Department of Forests.

(7) The chief of the National Department of Forests shall decide about the proposal of the commission in 7 days term after its preparation. The applicant shall be notified by the order of the Civil Procedure Code.

(8) (amend. - SG 30/06, in force from 12.07.2006) The body of para 7 shall decide with motivated refusal to the application when the person does not meet the requirements of para 2 and/or has not presented some of the documents of para 4. The refusal shall be appealed by the order of the Administrative procedure code.

(9) The entering in the register shall be implemented in 3 days term after the decision of the body of para 7, about which a certificate shall be issued to the applicant.

(10) A trader, entered in the register of para 1 shall be written off:

1. on application by the trader;

2. at death of the individual or at placing under full interdict;

3. at termination of the corporate body;

4. when as result of a change of the circumstances he does not meet the requirements of para 2;

5. when with two or more acts of competent state bodies, entered into force, it has been established, that the trader has systematically violated the provisions of the law.

(11) The traders shall be obliged to inform the National Department of Forests about all occurred changes in the circumstances of para 2 in 7 days term after their occurrence.

(12) For considering of the application and for the entering in the register a fee shall be paid, determined with a tariff by the Council of Ministers.

Art. 58. (amend. SG 16/03) (1) The trees determined for felling shall be marked with durable mark at height 130 cm.

(2) The trees, determined for felling with diameter 14 and more cm – for the high stem and 10 and more cm – for the coppice woods, measured at height 130 cm, shall be marked by the order of para 1 as well as with control forest mark at the base of the stem at the lower part of the slope.

(3) Felling of not marked trees, except the cases when is permitted full felling of the forest on restricted area, as well as for prevention of fires.

Art. 59. (amend. SG 16/03) (1) Felling and hauling of the timber to temporary storage shall be carried out after issuing of a permit by the director of the state forestry or by official , authorised by him.

(2) Permit for felling and hauling of timber materials to temporary storage for the forests – state property, shall be issued on the basis of one of the following documents:

1. approved annual plan for use;

2. approved plan – excerpt for change or the kind and/or the intensity of the felling;

3. approved list of the inventoried and fallen timber.

(3) Permit for felling and hauling of timber materials to temporary storage for the forests – property of individuals and corporate bodies or of municipalities, shall be issued only for forests, which are registered by the order of art. 18 of the Law of restoration of the ownership in forests and lands of forests entirety and which boundaries are durably marked on the terrain according to art. 25, para 9.

(4) Permit for felling and hauling of timber materials to temporary storage for the forests – municipal property, shall be issued on the basis of application by the mayor or by authorised official, to which shall be attached:

1. decision of the municipal council for implementing of the use;

2. one of the documents of para 2.

(5) Permit for felling and hauling of timber materials to temporary storage for forests – property of individuals and corporate bodies, shall be issued on the basis of an application by the owner or a person, authorised by him.

(6) The permit for felling and hauling of timber materials to temporary storage of para 4 and 5 shall be issued in 7 days term after the date of submitting of the application.

(7) The director of the state forestry or the official, authorised by him, shall refuse with motives to issue permit within the term of para 6 when to the application is not attached some of the required documents.

(8) (amend. - SG 30/06, in force from 12.07.2006) The refusals of para 7 can be appealed by the order of the Administrative procedure code.

(9) The term of effect of the permit for felling and hauling of timber materials to temporary storage shall be determined by the director of the state forestry or official, authorised by him under conditions and by order, determined with the regulation for implementation of the law and it cannot be longer than the end of the calendar year, in which it has been issued.

(10) The director of the state forestry shall withdraw with a motivated order te issued permit for felling and stop the felling and the hauling of the timber materials to temporary storage, when the permit has been issued on the basis of a document, which by the due judicial order has been recognised as forged.

(11) The conditions and the order for approval of the annual plan for using of the plan – excerpt for change of the kind and/or the intensity of the felling and of list of the inventoried dry and fallen timber shall be determined with the regulation for implementation of the law.

(12) The transportation from temporary storage of timber, obtained by the order of art. 53, para 2, item 1, shall be implemented with a permit for hauling, issued by an employee of the state forestry. The permit for hauling shall be issued on the day of the payment of the timber.

(13) The transportation from temporary storage of timber, obtained by individuals from their own forests for own needs, shall be implemented with a permit for haling, issued by an employee of the state forestry after payment of fee for issuing of the permit.

(14) The transportation from temporary storage of timber, obtained by the order of art. 53, para 2, items 2, 3, 4 and 6 shall be implemented with a permit for transportation, issued by the director of the state forestry or an official, authorised by him in seven working days after the payment of the timber.

(15) out of the cases of para 12 the round timber and the firewood shall be transported from temporary storage, accompanied with transport ticket, issued by the owner of the timber materials, according to a model, approved by the Minister of Agriculture and Forests or by an official authorised by him.

(16) The transport ticket shall certify the origin and the quality of the assortments of timber and it is issued for each separate vehicle.

(17) The director of the state forestry or officials, determined by him, shall concede transport vehicles to the owners of the round timber and the firewood at temporary storage. the transport tickets shall be conceded against payment of their value.

(18) The terms for felling and hauling of timber from the state and the municipal forests shall be determined with the permit of para 1.

(19) The state forestries and the municipalities shall have right from November 1 of the current year to implement the using of timber in forests from the felling fund for the following calendar year.

(20) When due to objective reasons the felling and the hauling of timber from the state and the municipal forests cannot finish till the end of the calendar year, the term for felling and hauling can be extended during the following calendar year.

(21) The total term for felling and hauling for one forest from the state and the municipal forests cannot be longer than 18 months.

(22) The conditions and the order for issuing of the documents of para 1, 12, 13, 14 and 15 shall be determined with the regulation for implementation of the law.

Art. 60. (amend. SG 16/03) Prohibited is the exceeding of the annual use from renewal felling, determined in the forest development projects, plans and programmes, except due to natural disasters, calamities and change of the designation of forests and lands from the forest fund.

Art. 61. (1) (amend. SG 16/03) The timber materials and the firewood, necessary for implementing of the functions and the tasks of the structures and the specialised territorial units of the National Department of Forests for construction of forest buildings, telephone trunks, shelters, drinking pools, fore observation towers and water dams, for hunting farm and fishery farm buildings and facilities, for scientific and research and other similar purposes, from forests - property of the state, shall be ceded without payment of fees per root under conditions and by an order determined by the regulations for implementation of the law.

(2) (amend. SG 16/03) The timber materials necessary for making triangular and other geodesic signs in the forests, for geological and mine prospecting, for hunting farm and fishery farm facilities and for construction of facilities for preventing of damages from the game, for restoration of road constructions damaged or destroyed by natural calamities, telephone trunks and others, when the sites are located in the forests, shall be ceded against payment of fee per root.

Art. 62. (revoked – SG 16/03).

Section IV.

Offering on the market of unprocessed timber with the description "classified according to the rules of the European economic community" (new – SG 72/05)

Art. 62a. (new – SG 72/05) Unprocessed timber may be offered on the market with the description "classified according to the rules of the European economic community" when it is classified according to dimensions and/or quality and meets the criteria for classification for the respective class determined with the regulation for implementation of the law.

(2) The classes for dimensions and quality of the unprocessed timber shall be divided into subclasses according to the regulation for implementation of the law.

(3) In the cases defined with the regulation for implementation of the law unprocessed timber may be offered on the market with the description "classified according to the rules of the European economic community" when besides meeting the requirements of para 1 it is also marked with sign of the class or the subclass for quality.

(4) Unprocessed timber may be offered on the market with the description "classified according to the rules of the European economic community" also without classification in subclasses to have been implemented.

Art. 62b. (new – SG 72/05) The marking of unprocessed timber classified according to its quality shall be implemented by putting on the material undeletable sign for the class or the subclass.

(2) The chief of the National department of forests shall approve with an order models of the signs for the class and the subclass of the timber of para 1. The order shall be promulgated in State Gazette .

(3) The marking of the unprocessed timber classified according to its quality shall be implemented under conditions and by order determined with the regulation for implementation of the law.

(4) The persons offering on the market unprocessed timber with the description "classified according to the rules of the European economic community" shall for their account and on their responsibility classify and mark the material with sign for the class and the subclass for quality.

Section V.

Secondary use (prev. IV – SG 72/05)

Art. 63. (1) (amend. SG 29/00, amend. SG 16/03) The benefits from the forests and the lands of the forest fund, such as production of resin, kindling, hey, leaf fodder, bast, bark, seeds, filling materials, picking mushrooms, forest fruits, other plants and parts from them, catching of animals, which are not game, pasture of agricultural animals, apiculture etc., without using of timber, are secondary use.

(2) (new - SG 29/2000) The use of medical plants shall be provided in a separate law.

(3) (previous para 2 - SG 29/200) The secondary use, when representing economic activity, shall be carried out under the conditions and by the order indicated in a written permit. The permits for the municipal and state forests shall be issued upon payment of taxes. The amount of the taxes for the side use in forest - municipal property, shall be determined by the municipal councils in amounts not later than the amount determined by a tariff of the Council of ministers for using the state forest fund.

(4) (previous para 3 - SG 29/2000) The secondary use of forests - private property of physical persons and corporate bodies, shall be carried out by their owners, fully free, by not violating the rights of third persons and the provisions of this law. When the side use is an economic activity to the owners shall be issued written permit by the state forestry without paying taxes.

(5) (previous para 4 - SG 29/2000) The conditions and order of issuing the written permits for side use which is economic activity shall be settled by the regulations for implementation of the law.

Art. 64. (amend. SG 29/00, amend. SG 16/03) (1) In coniferous plantations or forests where renewal felling is to be carried out, obtaining of resin shall take place. For the obtaining fee shall be paid according to a tariff of the Council of Ministers.

(2) Application for obtaining of resin shall be submitted to the director of the state forestry, who shall in 14 days term notify the applicant about the plantations or the forests, where it can be implemented.

(3) The director of the state forestry shall refuse to issue permit for obtaining of resin in the following cases:

1. according to the forest development project there are no coniferous plantations or forests where renewal felling is to be carried out;

2. in coniferous plantations or forests where no renewal felling is forthcoming;

3. in coniferous plantations or forests where obtaining of resin is implemented by the moment of submitting of the application of para 2.

(4) (amend. - SG 30/06, in force from 12.07.2006) The refusal of the director can be appealed by the order of the Administrative procedure code.

(5) Permit for obtaining of resin shall be issued after payment of the fee of para 1.

(6) The obtaining of bark from standing trees, not subject to felling, shall be prohibited except the obtaining of bark from cork oak.

Art. 65. (amend. SG 29/00) (1) (amend. SG 16/03) The secondary uses from the forests and lands from the forest fund shall be implemented in a way and with means, which do not lead to damaging or destroying of the populations of the species and their habitats.

(2) Side use shall not be admitted if they regard vegetal and animal kinds protected by law.

Art. 66. (amend. SG 16/03) The side use under Art. 63 shall be controlled by the National Department of Forests and its structures.

Art. 67. Prohibited is to physical persons and corporate bodies to purchase the subject of the side use by persons who have no written permit.

Art. 68. (amend. SG 16/03) (1) The pasture of agricultural animals in the forests and lands of the forest fund shall be implemented according to an annual pasture plan, approved by the chief of the regional department of forests.

(2) The plan of para 1 shall be prepared by the state forestries, for the forests and the lands – municipal property, being presented for approval after co-ordination with the mayor of the municipality.

(3) The pasture in the forests and lands from the state forest fund shall be permitted with annual permit, issued by the state forestry after payment of a fee in extent, corresponding to the value of the expenses, necessary for the restoration of the destroyed forest – tree vegetation on the areas, determined for pasture for a term of one year.

(4) The pasture in the forests and lands from the forest fund – property of the municipalities, shall be permitted with annual permit, issued by the state forestry. For the issuing of the permit a fee shall be paid, determined with a tariff by the Council of Ministers.

(5) The pasture of agricultural animals in the forests and lands from the forest fund – private property, shall be permitted with annual permit, issued by the state forestry, after written consent by the owner. For the issuing of the permit a fee shall be paid, determined with a tariff by the Council of Ministers.

(6) In the cases of para 5 the permit shall be issued on the basis of written consent by the owner of the forests, where the pasture is implemented.

(7) The cattle tracks for agricultural animals to the places for pasture and the drinking pools shall be determined in the plan of para 1.

(8) the conditions and the order for determining of the number of the agricultural animals, admitted to pasture in the forests and the lands – state and municipal property, shall be determined with the regulation for implementation of the law.

(9) The night pasture in the forests and lands from the forest fund shall be prohibited.

(10) The pasture of goats in the forests and lands from the forest fund shall be prohibited except in forests, provided for clear felling, with following artificial renewal.

(11) The pasture in torrential forest lands, seed production plantations and gardens, in the forests and young plantations of seed origin and in the coppice plantations shall be prohibited till they reach 3 m as well as in the renewal sections in the high stem forests and the fire areas, where natural renovation has started or is possible, in the dendrariums and in the forests in protected territories, unless this is explicitly instructed in the order for announcing of the protected territories.

(12) The permit for pasture shall be issued on the basis of submitted application to the director of the state forestry.

(13) The director of the state forestry shall decide about the application in 3 days term after submitting it. The applicant shall be notified by the order of the Civil Procedure Code.

(14) (amend. - SG 30/06, in force from 12.07.2006) The body of para 13 shall decide with motivated refusal about the application upon not compliance of the application with the provisions of the plan for pasture. The refusal can be appealed by the order of the Administrative procedure code.

(15) The term of effect of the permit for pasture shall be till the end of the calendar year, unless on request by the applicant a shorter term is entered into it.

(16) The conditions and the order for preparing of the plan of para 1 and for issuing of the permits for pasture, as well as the models of the permits shall be determined with the regulation for implementation of the law.

Section VI.

 Export and import (new – SG 16/0; prev. V – SG 72/05)

Art. 68a. (new – SG 16/03) (1) The export of round timber materials and firewood shall be implemented after issuing of certificate by the Minister of Agriculture and Forests or officials, authorised by him.

(2) The export shall be permitted after presenting of the following documents:

1. certificate for export according to a model;

2. contract with the owner of the forest for using of the timber and/or invoice for purchase of timber;

3. foreign trade contract and/or invoice;

4. (amend. - SG 105/05, in force from 01.01.2006, amend. - SG 34/06, in force from 01.10.2006) current certificate of registration in the commercial register, respectively certificate for updated status of the court registration and a copy of BULSTAT code of the exporter;

5. (amend. - SG 34/06, in force from 01.10.2006) current certificate of registration in the commercial register, respectively document for paid fee for issuing of the certificate.

(3) The body of para 1 shall refuse or permit the export on the day of presenting of the certificate of para 2, item 1.

(4) (amend. - SG 30/06, in force from 12.07.2006) The body of para 1 shall refuse to permit the export when some of the documents of para 2 is not presented. The refusal can be appealed by the order of the Administrative procedure code.

(5) The Council of Ministers can prohibit the export of round timber materials and/or firewood on proposal by the Minister of Agriculture and Forests.

Art. 68b. (new – SG 16/03) (1) For export of wild growing mushrooms a certificate shall be issued by the Minister of Agriculture and Forests or an official authorised by him.

(2) For the issuing of the certificate of para 1 the following documents shall be presented;

1. permit for implementing of secondary use;

2. form of the certificate for export according to a model, filled in with the data of the exporter;

3. foreign trade contract and/or invoice;

4. invoice, issued by the state forestry on which territory have been collected the mushrooms, for paid fee according to a tariff of the Council of Ministers;

5. (amend. - SG 105/05, in force from 01.01.2006, amend. - SG 34/06, in force from 01.10.2006) current certificate of registration in the commercial register, respectively certificate for updated status of the judicial registration and a copy of the BULSTAT code of the exporter;

6. analysis record according to a model, issued by the central laboratory for veterinary – sanitary expertise and ecology at the National veterinary – medical service – for mushrooms Cautharellus;

7. sanitary permit for exploitation of the sites for processing and treatment of mushrooms or concluded contract with a person, having permit, issued according to the regulation for implementation of the Law of the public health;

8. document for paid fee for issuing of certificate for export.

(3) The body of para 1 shall issue the certificate for export on the day of presenting of the documents of para 2.

(4) (amend. - SG 30/06, in force from 12.07.2006) The body of para 1 shall refuse to issue certificate for export when some of the documents of para 2 is not presented. The refusal can be appealed by the order of the Administrative procedure code.

(5) The term of validity of the certificate for export shall be determined with an act of the Council of Ministers.

Art. 68c. (new – SG 16/03) (1) For the issuing of certificate of art. 68b, para 1 fees shall be collected, determined with a tariff of the Council of Ministers.

(2) The fees of para 1 shall be paid to the budget of the Ministry of Agriculture and Forests.

Chapter five.

PROTECTION OF THE FORESTS AND LANDS OF THE FOREST FUND

Section I.

General Provisions

Art. 69. The protection of the forests and the lands of the forest fund includes protection, guarding and control.

Art. 70. (1) (prev. art. 70 – SG 16/03) The bodies of the state and the local authority, the organisations and the persons shall be obliged to render assistance to the forest employees in fulfilment of their official duties for protection of the forests and the lands of the forest fund.

(2) (new – SG 16/03) The owners and the possessors of storehouses for timber or side uses from the forests and of timber processing enterprises shall be obliged to admit the forest employees for implementing of checks.

Section II.

Protection

Art. 71. The protection of the forests and the lands of the forest fund comprises the measures for their protection against diseases, insects, weeds, parasitic plants, rodents and other pests, abiotic effects and the fight against them.

Art. 72. (1) (amend. SG 16/03) The protection of the forests and the lands of the forest fund shall be organised by the state forestries and by the specialised territorial units for protection of forests.

(2) (amend. SG 16/03) The protection of the forests, property of physical persons, shall be carried out by the state forestries and by the specialised territorial units for protection of the forests.

(3) (amend. SG 16/03) The protection of the forests, property of the municipalities and other corporate bodies, shall be carried out by them or, against payment, by the state forestries and the specialised territorial units for protection of the forests.

(4) (suppl. SG 16/03) The protection of the forests shall be organised and carried out under conditions and by an order determined by the regulations for implementation of the law and ordinance for protection of forests from pests, diseases and other damages, issued by the Minister of Agriculture and Forests.

Art. 73. (1) The protection of the forests shall be carried out with means and preparations permitted and registered under the Law for protection of the plants.

(2) (amend. SG 16/03) The application of the protective means and preparations shall be carried out under conditions and in a way determined by an ordinance of the Minister of Agriculture and Forests, in co-ordination with the Minister of environment and waters and with the Minister of health.

Section III.

Guarding

Art. 74. (1) The guarding of the forests and the lands of the forest fund comprises the activities of the forest employees, complied with the law, for prevention of all violations related to the reproduction, the use and preservation of the forests.

(2) The guarding also comprises the activities for protection the forests against fire and illegal construction.

Art. 75. (amend. SG 16/03) Guarded sectors of up to 15 000 decares shall be determined in the forests and the lands of the forest fund.

Art. 76. (amend. SG 16/03) (1) The guarding of the forests and the lands of the forest fund shall be carried out by forest guards.

(2) The number of the forest guards in the state forestries shall correspond to the to the total number of the forest economic and guarding sections, determined in the forest development projects.

(3) The number of the forest guards in the directorates of the natural parks shall be determined as follows: up to 5000 hectares – 2 guards, but not more than 8 – for each separate specialised unit.

(4) The number of the forest guards, who implement their activity with legal relation of employment with the regional departments of forests, cannot be less than the number of the state forestries being in their territorial range.

(5) The owners of forests can ensure for their account guarding in co-ordination with state forestry.

Art. 76a. (new – SG 16/03) The owners of immovable properties, being in the forest fund or on its boundary, shall be obliged to implement anti-fire measures in them for their account. The conditions and the order for implementing of the measures shall be determined with an ordinance by the Minister of Agriculture and Forests.

Art. 76b. (new – SG 16/03) (1) Road vehicles cannot move in the forest fund on the forest roads and places, marked with prohibition sign.

(2) The conditions and the order for placing of the sign of para 1 and their models shall be determined with an ordinance by the Minister of Agriculture and Forests and the Minister of interior.

Art. 77. (1) (amend. SG 16/03) The fire hazard season in the forests shall be determined annually by an order of the chief of the National department of forests.

(2) (amend. SG 16/03)When the fire hazard season for some regions does not coincide with the periods under para 1 the chiefs of the regional departments of forests shall issue orders for change of the period, in co-ordination with the chief of the National department of forests.

(3) (amend. SG 16/03) The setting of fire in the forests and lands from the forest fund shall be implemented only at the places determined for this with the forest development projects or with the plans for management of the natural parks. The places shall be made safe and marked with instruction plates.

(4) (amend. SG 16/03) The burning of plant remains in the forests and lands from the forest fund after the carrying out of sanitary felling or reconstruction shall be implemented according to the provisions of the technological plan for implementing of the felling.

(5) (new – SG 16/03) Prohibited shall be the burning down of forests, bushes and grass in the forests as well as in the lands of the forest fund, as well as at 500 m from their boundary.

(6) (prev. (5) – SG 16/03) The mayors of municipalities and populated areas shall organise groups for extinguishing forest fires.

(7) (prev. (6), amend. SG 16/03) In the extinguishing of forest fire shall obligatorily participate the groups under para 6, the specialised fire fighting bodies and the forest employees.

(8) (prev. (7) – SG 16/03) The military men from the neighbouring detachments and formations of the Civil protection shall participate in extinguishing forest fires upon co-ordination with the commander of the respective detachment.

(9) (prev. (8), amend. SG 16/03) The order for preserving of the forests from fires shall be determined with the ordinance of art. 76a.

Section IV.

Control

Art. 78. (amend. SG 16/03) The control over the reproduction, the use and protection of the forests and the lands of the forest fund shall be carried out by the National department of forests and by its structures and specialised territorial units.

Art. 79. (1) The state forestries shall organise control forest points.

(2) The drivers of vehicles who transport wood material and products from side use shall be obliged to stop for inspection at the control forest point.

(3) At the control forest points shall be inspected the legal origin of the transported wood material and products from side use in the forests.

(4) (new – SG 16/03) The drivers of vehicles shall be obliged to stop upon signal with a truncheon by the forest employees.

Art. 80. (1) (amend. SG 16/03) The trees for felling shall be marked by the order of art. 58.

(2) (amend. SG 16/03) Right to possess control forest mark shall have the forest employees and the persons exercising private forestry practice.

(3) (amend. SG 16/03) The timber, obtained by the order of art. 53, para 2, item 1, shall be marked by forest employee with a control forest mark. In the other cases the timber shall be marked with a control forest mark by forest employee and with expedition mark.

(4) (amend. SG 16/03) Right to possess expedition forest mark shall have the state forestries.

(5) (new – SG 16/03) The director of the state forestry or officials, authorised by him shall concede for use expedition forest mark to the users of timber after issuing of permit for felling.

(6) (new – SG 16/03) The origin of the timber from export shall be proved with the documents, with which the import is implemented.

(7) (new – SG 16/03) At import of timber the importer shall be obliged to mark it. The state forestry, in which region of activity the import is implemented, shall concede on re3quest to the importer expedition forest mark for marking of the imported timber at transporting it on the territory of the country.

(8) (prev (5) – SG 16/03) The sided wood material shall be marked by production mark.

(9) (prev (6), amend. SG 16/03) All owners of timber processing enterprises shall be obliged to have production marks.

(10) (prev (7) – SG 16/03) The sample of the marks, the conditions and the order of their obtaining and use shall be determined by the regulations for implementation of the law.

(11) (prev (8) – SG 16/03) The National department of forests shall keep a unified register of the forest marks and the state forestry shall keep register of the production marks of owners of sow-mills on its territory.

(12) (prev (9) – SG 16/03) Prohibited is the ceding of the forest and production marks.

(13) (prev (10), amend. SG 16/03) Prohibited shall be the sale and the other disposing transactions, the obtaining, the loading, the transportation, the unloading, the acquisition, the preservation and the processing of:

1. round timber materials and firewood, not marked with control, respectively expedition forest mark;

2. sided timber materials, not marked with production mark.

(14) (new – SG 16/03) The sale and the other disposing transactions, the felling, the obtaining, the loading, the transporting, the unloading, the acquisition, the preservation and the processing of timber materials, not accompanied with documents, proving their lawful origin, shall be prohibited.

(15) (new – SG 16/03) A person, having a forest mark, shall be obliged upon damage or losing in 24 hours to notify the body, who has conceded the mark.

Chapter six.

CONSTRUCTION IN THE FORESTS

Art. 81. (amend. SG 16/03) (1) The construction in the forests and in the lands of the forest fund, related to the management, reproduction, use and protection of the forests, regardless of their ownership, without changing the designation of the property, shall comprise the construction of:

1. forest roads and ropeways;

2. buildings for permanent or temporary dwelling – forest and hunting lodges, control forest points, fire observing towers, stationary buildings, huts, repair workshops and storehouses, sheds, farms for breeding of game, fish nurseries and fish farms, household and economic buildings;

3. communication lines, power lines and their facilities.

(2) The construction of para 1 shall be permitted under the conditions and by the order of the Law of spatial planing and on the basis of normatives, determined in ordinances by the Minister of Regional Development and Public Works, the Minister of Agriculture and Forests and the Minister of Environment and Waters.

(3) The investment projects for construction of art. 1 shall be co-ordinated by the order of the ordinance of para 2.

(4) As construction shall not be considered the building of:

1. temporary forest roads, temporary ropeways and stores;

2. technical – fortification facilities for fight with erosion;

3. temporary fire observation towers;

4. hunting economic and fishery economic facilities;

5. architectural elements for servicing of recreation and tourism;

6. facilities, ensuring the preservation of cultural monuments.

(5) The construction of the buildings and the facilities of para 4 shall be implemented under conditions and by order, determined with the ordinance of para 2.

(6) Other kinds of constructions shall be permitted after change of the designation of the forests and lands from the forest fund.

Art. 82. (revoked – SG 16/03).

Art. 83 (revoked – SG 16/03).

Art. 84 (revoked – SG 16/03).

Art. 85 (revoked – SG 16/03).

Art. 86. (amend. SG 16/03) (1) The construction of lime furnaces, furnaces for coal etc. in the forest fund or at a distance less than 100 m out of its boundaries shall be implemented only on bare areas with a permit by the director of the state forestry on the basis of application, submitted by the interested person.

(2) To the application of para 1 shall be attached co-ordination letter by the regional inspectorate for environment and waters.

(3) The director of the state forestry shall decide about the application in 14 days term from submitting it. The applicant shall be notified by the order of the Civil Procedure Code.

(4) The body of para 1 shall decide with refusal about the application when:

1. to the application has not been attached co-ordination letter by the regional inspectorate for environment and waters;

2. the application has been submitted for bare areas, provided in the forest development project for afforestation.

(5) (amend. - SG 30/06, in force from 12.07.2006) The refusal can be appealed by the order of Administrative procedure code.

(6) The term of effect of the permit shall be three years unless on request by the applicant a shorter term is entered in it.

(7) For construction of furnaces for lime, coal etc. of para 1 a fee shall be paid, equal to the price for establishing of right of use under art. 19, para 1. The fee shall be paid to the budget of the Ministry of Agriculture and Forests.

(8) The construction of furnaces for lime, coal etc. shall be implemented after the payment of the due fees of para 7.

(9) The placing of apiaries in the state forest fund shall be implemented after notifying of the director of the state forestry

(10) The dumping of industrial, household and other waste in the forest fund and at a distance of 100 m from it shall be prohibited.

Art. 87. (1) The marking of limits of forests and lands of the forest fund must not be made by fences or in other way restricting the free movement of people, wild animals and waters, with the exception of sites directly related to the national security.

(2) The owners of forests and lands of the forest fund can, by proving their special needs, fence a part of their territory only by permit of the respective state forestry.

Art. 88. (revoked – SG 16/03).

Art. 89. The use of forest roads shall be free, regardless of the ownership of the forests and the lands of the forest fund, without damaging the roads and the constructions.

Art. 90. (revoked – SG 16/03).

Chapter seven.

FINANCING OF THE FORESTRY

Section I.

General Provisions

Art. 91. (amend. SG 16/03) (1) The activities for management, reproduction, using and preservation of the forests and lands from the forest fund as well as the maintenance of the National Department of Forests, its structures and specialised territorial units shall be financed by the Ministry of Agriculture and Forests.

(2) The National Department of Forests, its structures and specialised territorial units can implement the activities of para 1 in forests and lands – property of individuals, corporate bodies and municipalities, when resources are provided for this activities with the Law of the state budget for the respective year or with a contract for management under art. 26, para 2.

Art. 92. (amend. SG 16/03) (1) The municipal councils shall determine fees for the using in the forests and lands from the forest fund according to art. 9 of the Law of the local taxes and fees, which cannot be less than the fees, determined by the Council of Ministers for the state forest fund.

(2) The fees of para 1 and the revenues from the activities, connected with te using of the forests and the lands – municipal property, shall be revenue for the municipal budgets.

Section II.

Revenue in Fund "Bulgarian forest"(title of section deleted – SG 16/03)

Art. 93. (amend. and suppl. SG 79/98, amend. SG 16/03) The National Department of Forests shall be administrator of the of the following revenues:

1. for excluded areas of the state forest fund;

2. fees for all uses and services, including fees for use of wild growing herbs in the state forest fund;

3. the resources from using of the timber from the state forest fund;

4. the fees for issuance of permits and certificates and for co-ordination of projects, plans, programmes and other written documents under this law;

5. for establishing of right of use and easements in the state forest fund;

6. the fees for right to hunt, for issuance and certifying of hunting tickets, for issuance of certificates for selection shooting, hunting guides and others, according to art. 28, para 2 of the Law of the hunting and preservation of the game;

7. fees for issuance and co-ordination of certificates, permits, allowing and other written documents according to the Law of the hunting and preservation of the game;

8. fines, proprietary sanctions and indemnification for implemented violations in the forest fund;

9. the resources from the sale of chattels, confiscated in favour of the state under chapter eight;

10. the resources from the sale of properties and chattels - private state property, managed and used by the National Department of Forests and by its structures and specialised territorial units, as well as resources from renting and establishing of limited real rights on them;

11. the resources from the sale of seeds and planting material produced by the state forestries;

12. the interests and the sums from the financial operations;

13. donations, wills, sponsorship, etc.;

14. the resources from contracts for management of forests and lands from the forest fund;

15. resources amounting to 5 percent of the sum of the concession contract for ceded special right of use of forests - state property;

16. the resources from Bulgarian and foreign government institutions, non-government organisations and persons, conceded for improvement of the consumer's, the protective, the environment forming and the recreational function of the forests and scientific and research and applied activity in the forests;

17. the credits for the reproduction of the forests of the state forest fund;

18. the fees under art. 86, para 7;

19. the fines and the proprietary sanctions under chapter seven of the Law of registration and control of the agricultural and forestry machinery;

20. the fees for registration and assessment of the hunting trophies of art. 62 and the fees for fallen game horns of art. 63 of the Law of the hunting and preservation of the game;

21. the fines for offences according to the Law of the hunting and preservation of the game;

22. the resources from the sale of chattels, expropriated in favour of the state according to the Law of the hunting and preservation of the game;

23. the fees according to art. 53, para 1 of the Law of the hunting and preservation of the game;

24. the resources from Bulgarian and foreign individuals and corporate bodies and non government organisations for the development of the hunting farms, scientific and research and applied activity.

Art. 94. (amend. SG 16/03) Every year with the Law of the state budget of the Republic of Bulgaria shall be ensured resources in the budget of the Ministry of Agriculture and Forests for:

1. the maintenance of the National Department of Forests, of its structures and the specialised territorial units;

2. inventory of the forests and lands from the forest fund;

3. development of the forests and lands from the state forest fund and the forests and lands from the forest fund with area over 500 decares, which owners have united for joint management;

4. support of individuals and corporate bodies, united for joint management and use of the forests and lands from the forest fund with area over 500 decares;

5. support of individuals – owners of forests and lands from the forest fund with area up to 20 decares, upon renewal of their own forests;

6. support of individuals in afforestation of deserted lands out of the forest fund;

7. constructing of forest roads, anti-erosion and anti-fire facilities;

8. acquisition by the state of forests and lands from the forest fund – property of individuals and corporate bodies;

9. regulating of the number of some kinds of game at occurred epizootic situation;

10. restoration of forests, damaged by natural disasters and major industrial accidents;

11. creating of forests and fight with erosion in the forest fund;

12. conducting of selection, sanitary and renewal felling in the state forest fund;

13. protection of forests – property of the state and individuals, and supply of the preparations and materials, instruments and protection means, necessary for this purpose;

14. measures for the guarding of the forests and lands from the forest fund;

15. growing of the forests in the state forest fund;

16. measures for preservation of the biological diversity;

17. other measures of art. 21.

Section III.

Expenses of Fund "Bulgarian forest"(title of section deleted – SG 16/03)

Art. 95. (1) (new, prev., art. 95 - SG 78/00, amend. SG 16/03) The resources of the budget of the Ministry of Agriculture and Forests shall be spent for:

1. planting forests and fighting the erosion in the state forest fund;

2. (amend. SG 16/03) support of the management, the reproduction, the using and the preservation of the forests and the lands from the forest fund – property of individuals and corporate bodies;

3. support to physical persons in planting uncultivated lands outside the state forest fund;

4. carrying out growth, sanitary and restoration felling in the state forest fund;

5. (amend. SG 16/03) cleaning of areas for afforestation in the state forest fund;

6. protection of forests, property of the state and of physical persons and supply of the necessary for the purpose preparations and materials, instruments and protective means;

7. guarding the forests and the lands of the forest fund;

8. growing the forests in the state forest fund;

9. (amend. SG 16/03) construction of forest roads, dams and other fortification facilities, necessary for the fulfilment of the functions and the tasks of the structures and the specialised territorial units of the National Department of Forests;

10. Measures related to the use and protection of the forests in the protected territories;

11. (amend., SG 78/00; revoked, SG 79/02)

12. forest nurseries, educational and experimental fields, sort testing sectors, seed producing and vegetative gardens and uterine collections;

13. (amend. SG 16/03) construction, acquisition, maintenance, repair and other related expenses for long-term assets property of the National department of forests and its structures and specialised territorial units;

14. supply of materials, fertilisers, instruments and equipment for the activities in the state forests;

15. (amend. SG 16/03) uniform, working and protection clothing for the forest employees;

16. (amend. SG 16/03) maintenance of the National Department of Forests , its structures and specialised territorial units;

17. (amend. SG 16/03) support of the construction of forest roads, anti-erosion and anti-fire facilities – property of individuals and corporate bodies and municipalities;

18. (amend. SG 16/03) management of forests and lands from the forest fund, conceded under art. 26, para 2;

19. (amend. SG 16/03) inventory of the forests and lands from the forest fund and working out of forest development projects, plans and programmes for the state forest fund and for the forests and lands from the forest fund with area over 500 decares, which owners have united for joint management;

20. (suppl. SG 16/03) scientific servicing, research and implementation activity of the forest, hunting and non-industrial fishery;

21. international activity related to the forests;

22. publication of printed matters, promotional and advertising activity, visual aids and education;

23. payment of interest on used credits;

24. insurance and compensations;

25. (new - SG 26/99) financing for projects and activities determined in the plans for regional development.

26. (new-SG 29/00) activities for restoration, maintenance and cultivation of medical plants and their fields in the state forest entirety;

27. (new-SG 29/00) monitoring and assessment of the medical plants in the state forest entirety;

28. (new-SG 29/00) establishing and maintenance of the cadastre of the medical plants.

29. (new, SG 78/00) reproduction of the game;

30. (new, SG 78/00) construction, maintenance and repair of hunting farm installations and buildings;

31. (new, SG 78/00) acclimatisation, re-acclimatisation and resettlement of the game;

32. (new, SG 78/00) creation and maintenance of specialised fodder base;

33. (new, SG 78/00) payment of remuneration for regulation of the number of the predators;

34. (new, SG 78/00) protection and guarding of the game in the hunting farm regions;

35. (new, SG 78/00) support of hunting museums and organisation of hunting exhibitions;

36. (new, SG 78/00) issuance of publications, propaganda and advertising activity, illustrating aids and training;

37. (new, SG 78/00) support, insurance and indemnification for the hunting guards;

38. (new, SG 78/00) working out hunting structuring projects;

39. (new, SG 78/00) supply of materials, instruments, weapons and equipment for the state game breeding stations and state forestries.

40. (new, SG 78/00) scientific services and implementation activity in the hunting farms;

41. (new, SG 78/00) carrying out international activity related to the hunting farming;

42. (new, SG 78/00) construction, acquisition, maintenance, repair and other inherent expenses for long-term material assets - property of the state game breeding farms;

43. (new, SG 78/00) assessment of the hunting trophies;

44. (new, SG 78/00; amend., SG 79/02, amend. SG 16/03) additional material stimulation amounting to 30 percent of the sums received in the budget of the Ministry of Agriculture and Forests sums from enacted penalty decrees by an order determined by the chief of the National Department of Forests;

45. (new, SG 78/00; revoked, SG 79/02)

46. (new, SG 78/00; revoked, SG 79/02)

47. (new, SG 78/00; amend., SG 79/02) indemnification for damages caused by the game in the hunting regions of the state game breeding farms, game breeding sectors and bases of intensive management of the game managed by the state forestry;

48. (new, SG 78/00) purchasing lands by individuals and corporate bodies for game fields;

49. (new, SG 16/03) expenses for cases, in which party is the National Department of Forests, its structures and specialised territorial units.

(2) (new, SG 78/00) The resources under para 1, item 45 and 46 shall be distributed by the commissions for hunting farms at the state forestries in the following way: 30 percent for the owners of lands and forests and 70 percent - for hunting events and indemnification for caused damages by the game for the hunting farm region where they have been received from.

Art. 96. (amend. SG 16/03) The revenues of art. 92, para 2 shall be spent only for activities for management of the municipal forests on decision by the municipal council.

Chapter eight.

ADMINISTRATIVE AND PUNITIVE PROVISIONS

Art. 97. (1) Who violates the provisions of Art. 15 by changing the purpose of forests and lands of the forest fund by an order not established for that, if harmful consequences have not occurred, shall be fined from 100 to 500 levs.

(2) The penalty under para 1 shall also be imposed on those who do not fulfil their obligations under Art. 72 and 73.

Art. 97a. (new – SG 16/03) (1) Who violates the provision of art. 17, shall be punished with fine from 100 to 2000 levs.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur proprietary sanction shall be imposed in extent from 2000 to 10000 levs.

Art. 98. (amend. SG 16/03) Who, in violation of the provisions of art. 39, para 2 implements the activities of art. 39, para 1, shall be punished with fine in extent from 100 to 1000 levs.

Art. 98a. (new – SG 16/03) To a corporate body or sole entrepreneur, who in violation of art. 39b para 3 implements the activities of art. 39, para 1, shall be imposed proprietary sanction in extent from 500 to 5000 levs.

Art. 98b. (new – SG 16/03) To a corporate body or sole entrepreneur, who in violation of art. 57a, para 1 implements the activities of art. 53, para 2, items 2, 3 and 4, shall be imposed proprietary sanction in extent from 1000 to 5000 levs.

Art. 98c. (new – SG 16/03) Who violates the provision of art. 39b, para 4, shall be punished with fine from 100 to 1000 levs.

Art. 99. (amend. SG 16/03) Who does not fulfil his obligations under art. 41a, para 1, 2 and 4, art. 42, para 1 and 2, art. 44, para 1 and 2, art. 46, para 2 and art. 47, para 2, in connection with the reproduction of the forests of the forest fund shall be punished with fine from 100 to 1000 levs.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur proprietary sanction shall be imposed in extent from 500 to 2000 levs.

Art. 100. (amend. SG 16/03) Who violates the provisions of art. 52 and art. 53, para 6 shall be fined with 50 to 5000 levs.

Art. 100a. (new – SG 16/03) Who disposes against payment or gratuitously with timber, obtained for own neds with fees per root, shall be punished with fine from 50 to 2000 levs.

Art. 101. (amend. SG 16/03) Who, in violation of the provisions under art. 58, para 3 and art. 80, pra 13 obtains, loads, transports, unloads, acquires, preserves, processes or disposes with unmarked timber materials shall be fined with 50 to 3000 levs if he is not subject to graver penalty.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur proprietary sanction shall be imposed in extent from 100 to 5000 levs.

Art. 101a. (new – SG 16/03) Who, exercising private forestry practice, does not mark the trees,, determined for felling according to the provisions of art. 58, para 1 and 2 or concedes the control forest mark to third person, shall be punished with deprivation from right to exercise private forestry practice fro a term from one month to two years.

Art. 101b. (new – SG 72/05) (1) Who offers on the market unprocessed timber with the description "classified according to the rules of the European economic community" or with put mark for the class or the subclass for quality in breach of the provisions of art. 62a or 62b shall be punished with fine from 200 to 1000 levs.

(2) When the breach of para 1 is implemented by corporate body or sole entrepreneur proprietary sanction shall be imposed to him in extent from 400 to 1500 levs.

Art. 102. (amend. SG 16/03) (1) Who violates the provision of art. 80, para 14 shall be punished with fine from 50 to 3000 levs if he is not subject to graver penalty.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur proprietary sanction shall be imposed in extent from 100 to 5000 levs.

Art. 102a. (new – SG 16/03) (1) Who in violation of art. 63, para 3 and 4 and art. 67 implements side uses or buys out their subject without written permit shall be punished with fine from 10 to 2000 levs.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur proprietary sanction shall be imposed in extent from 50 to 3000 levs.

Art. 102b. (new – SG 16/03) Who in violation of the provision of art. 80, para 15 does not notify about lost or damaged forest mark, shall be punished with fine from 50 to 500 levs.

Art. 103. (amend. SG 16/03) Who violates the provisions of Art. 60, first sentence, by exceeding the use of forests, determined by the forest development projects, plans and programmes, shall be fined by 100 to 5 000 levs if the perpetration does not constitute a crime.

Art. 104. (amend. SG 16/03) Who violates the requirements of Art. 64 and 65, by which he carries out activities for obtaining side benefits under the above provisions, not in the indicated places, ways and means, shall be fined by 100 to 2 000 levs if the perpetration does not constitute a crime.

Art. 105. Who, in violation of the provisions of Art. 68, admits or carries out pasture of farm animals outside the indicated places, number or kind of animals, or time or kind of forests, shall be fined with 20 to 2 000 levs.

Art. 105a. (new – SG 16/03) Who violates the provisions of art. 76b, para 1, art. 79, para 2 or 4, shall be punished with fine from 50 to 200 levs.

Art. 106. (amend. SG 16/03) (1) A person, who violates the provision of art. 76a, art. 77, para 3, 4 or 5 or does not fulfil his obligations under art. 77, para 7 or 9, shall be punished with fine from 100 to 3000 levs, if he is not subject to graver punishment.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur, a proprietary sanction shall be imposed in extent from 200 to 5000 levs.

Art. 106a. (new – SG ) (1) Who violates the provisions of art. 80, para 12 shall be punished with fine from 50 to 5000 levs.

(2) Who marks trees for felling and timber with forged forest mark or production mark, shall be punished with fine from 2000 to 5000 levs.

Art. 107. (amend. SG 16/03) Who, in violation of the provisions under art. 81, para 2, carries out constructions on the sites indicated in the preceding articles, shall be fined with 500 to 10 000 levs.

Art. 107a. (new - SG 16/03) (1) Who violates the provision of art. 86, para 1, 8 or 9 shall be punished with fine from 20 to 2000 levs.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur, a proprietary sanction shall be imposed in extent from 50 to 3000 levs.

Art. 107b. (new - SG 16/03) (1) Who violates the provision of art. 86, para 10, shall be punished with fine from 30 to 3000 levs.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur, a proprietary sanction shall be imposed in extent from 100 to 5000 levs.

Art. 107c. (new - SG 16/03) (1) Who violates the provision of art. 14, para 1 and 2 and art. 81, para 6 by using forests and lands from the forest fund not for their designation, shall be punished with fine from 50 to 2000 levs.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur, a proprietary sanction shall be imposed in extent from 100 to 5000 levs.

Art. 108. Who, in violation of the provisions of Art. 87 erects fences not by the determined order shall be fined with 100 to 500 levs and the fence shall be subject to removal.

Art. 109. (amend. SG 16/03) To a corporate body or a sole entrepreneur, who with their activity damage the forests and lands from the forest fund, shall be imposed proprietary sanction in extent from 500 to 10 000 levs. For a second violation the proprietary sanction shall be in extent from 10 000 to 50 000 levs.

Art. 110. The amount of the fines under this chapter for offences, perpetrated in forests in protected territories shall be doubled.

Art. 111. (amend. SG 16/03) Who does not fulfil orders of a forest employee, given within the circle of his official authorities, shall be punished with fine from 10 to 200 levs, if he is not subject to a graver penalty.

Art. 111a. (new - SG 16/03) (1) Who violates the provision of art. 70, para 2, shall be punished with fine from 100 to 1000 levs.

(2) When the violation of para 1 is implemented by a corporate body or sole entrepreneur, the proprietary sanction shall be in extent from 200 to 3000 levs.

Art. 111b. (new - SG 16/03, suppl. SG 72/05) When the violations of art. 101, 101a, 101b, 102, 102a, 102b, 106, 106a and art 112, para 5 and 6 are implemented for second time, the fine or the proprietary sanction shall be in double extent.

Art. 112. (1) (prev. art. 112, amend. SG 16/03) The belongings, served for implementing of violation, as well as the belongings – subject to the violation, shall be taken in favour of the state, regardless of which order they are, unless it is established, that they are used independently or against the will of their owner. For timber from forests – private or municipal property, divested in favour of the state, the owners shall have right to indemnification in extent of the value of the sold timber after deducting the expenses, incurred by the state forestry for the sale.

(2) (new – SG 16/03; amend. - SG 105/05, in force from 01.01.2006) The timber, divested by the order of this law in favour of the state, shall be sold by the chief of the National Department of Forests or official, authorised by him by the order of the Law of the state property. For the disposing with this timber the provisions of the Tax – insurance Procedure Code and the Law of collecting of the state receivables, shall not be applied.

(3) (new – SG 16/03) The chief of the National Department of Forests shall determine with an order the timber with quality, kind and category, taken in favour of the state, which is used by the National Department of Forests , by its structures and specialised territorial units for construction of forest buildings, telephone lines, huts, water pools, for hunting and fishery economic buildings and facilities for scientific and research and other similar purposes.

(4) (new – SG 16/03) At establishing of violations under art. 80, para 14in timber processing workshops and storehouses for sale of timber, they shall be sealed for a term up to 6 months upon order by the chief of the National Department of Forests or an official, authorised by him. The order shall be fulfilled immediately.

(5) (new – SG 16/03) A person, who unseals or orders to be unsealed the sites of para 4, shall be punished with fine from 1000 to 5000 levs.

(6) (new – SG 16/03) To corporate bodies and sole entrepreneurs, who in violation of the provision of para 4 implements activity in the sealed sites, shall be imposed proprietary sanction from 2000 to 10 000 levs.

Art. 113. (amend. SG 16/03) (1) The violations under the law shall be established with acts issued by the forest employees or employees of the Ministry of interior, authorised by the Minister of interior after co-ordination with the Minister of Agriculture and Forests and the penalty decrees shall be issued by the Minister of Agriculture and Forests or by officials appointed by him.

(2) The fines, the proprietary sanctions and the sums received from the sale of confiscated chattels in favour of the state or the pecuniary equivalent of the missing belongings – subject and/or means of the violation, shall be paid to the budget of the Ministry of Agriculture and Forests.

(3) The amount of the indemnification for damages on forests and lands from the forest fund shall be determined with an ordinance by the Council of Ministers.

(4) Punitive decrees, with which are imposed fines up to 100 levs inclusive or divesting of belongings with value up to 1000 levs is decreed in favour of the state, or the indemnification for caused damages is with the same value, shall not be subject to appeal.

Additional provisions

§ 1. (1) (amend. SG 16/03) The forest development projects for the forests and the lands of the forest fund shall contain studies and decisions for the territorial structure, stock taking of the forest fund, complex of forestry measures for providing an optimal regime of using and reproduction of the forests and the game, protection of the biological variety and abiotic components of the natural complex, the recreational use of the forests, substantiation of the economic, ecological and social effect of the fulfilment of the project.

(2) (amend. SG 16/03) The forest development plan shall be worked out in digital and graphic form on the basis of the specialised map of the forests and the lands of the forest fund and it shall contain data about the location of the forest, disposition, soil, hydrographic, petrographic and climatic characteristics. It shall include data about the grass and tree vegetation, the game, the administrative belonging, the obligatory forestry measures and substantiation for their implementation.

(3) (amend. SG 16/03) The forest development programme shall contain precise enumeration and indication in years of the obligatory forestry measures which must be implemented in each sector of the forest, regardless of its ownership.

(4) (amend. SG 16/03) The forest development projects, plans and programmes shall be made for the different kinds of ownership.

(5) (amend. SG 16/03) Structuring is the activity on making forest development projects, plans and programmes.

§ 2. In the context of this law:

1. "lands for afforestation in the forest fund" are: barrens, unrestored clearings and burnt out areas;

2. "lands of the forest fund not producing timber" are: glades, meadows, fields, erosion soil, forest roads and rides, rocks, areas occupied by buildings in the forests and yards, places for temporary warehouses, forest nurseries, as well as water streams and areas;

3. "geographic forest" is artificially created plantation of valuable local or foreign tree or bush species of different geographic origin;

4. (amend. SG 16/03) "obtaining of timber" is felling and hauling of timber to temporary store;

5. (new – SG 16/03) "felling fund" is description of marked forests, approved for felling during the respective year;

6. (new – SG 16/03) "reproduction materials" are seeds. parts of plants (grafts, cuttings, tissues, branches etc.), pollen, saplings of tree and bush species;

7. (new – SG 16/03) "eroded lands" are the lands and the forest of the forest fund, on which is established third and forth degree of erosion;

8. (new – SG 16/03) "calamity" are mass appearances of pests, connected with administering of significant damages of the forests;

9. (new – SG 16/03) "forestry education" is secondary or higher education, acquired in compliance with the requirements of the Law of the public education, the Law of the professional education and training, the Law of the degree of education, the general education minimum and the study plan and the Law of the higher education;

10. (new – SG 16/03) "forest crops" are forests, created or renewed in artificial way;

11. (new – SG 16/03) "second" is the violation, implemented in one year term after the punitive decree has entered into force, with which to the offender has been imposed penalty for the same in kind violation;

12. (new – SG 16/03) "positive commercial reputation" has a trader, who presents reference letters about his work from the last three sites according to art. 57a, para 2, item 6 from the state forestries and/or the state game breeding stations, in which region of activity the sites are located; in the recommendation letters must be pointed out that the trader has observed the conditions and the terms of the signed contracts;

13. (new – SG 16/03) "night pasture" is the pasture between 23.00 and 04.00 hours;

14. (new – SG 16/03) "temporary store" is a terrain, approved with the technological plan for felling and hauling, appropriate for storing of the timber, obtained from the felling ground before its transportation.

15. (new – SG 72/05) "unprocessed timber" are brought down and pruned trees with separated top part, with or without bark, cut out or chopped;

16. (new – SG 72/05) "offering on the market of unprocessed timber with the description "classified according to the rules of the European economic community" is each conceding in the country, against payment or gratuitously, of unprocessed timber with the description "classified according to the rules of the European economic community" or with sign for the class for quality as well as its preservation with objective concluding of transactions.

Transitional and concluding provisions

§ 3. (revoked – SG 16/03)

§ 4. (amend. SG 16/03) The state forestries shall carry out the activities provided by the forest development projects until entering into possession by the owners to whom the right of ownership of forests and lands of the forest fund has been reinstated.

§ 5. (amend. SG 16/03) The Minister of Agriculture and Forests shall restructure the existing forestries.

§ 6. Fund "Forestry measures and construction of forest roads" is closed considered from the enactment of the law and the available resources and the due amounts under the closed fund shall be transferred to the National fund "Bulgarian forest".

§ 7. (amend. SG 16/03) Forests, conceded from the state forest fund to agricultural organisations (CAF, LCAF, MTS, AIC, SAF etc.), excluded from the state forest fund for uprooting, but not uprooted and not indicated in the forest development projects until the enactment of the law, shall be included in the state forest fund when the right of ownership of them has not been reinstated or is not subject to reinstatement under the Law of restoration of the ownership of the forests and the lands of the forest fund.

§ 8. This law revokes the Law for the forests (prom., Izvestiya, No 89 of 1958; amend., SG, No 26 of 1968, No 44 of 1977, No 36 of 1979, No 55 of 1994 and No 13 of 1997).

§ 9. The Council of Ministers shall adopt regulations for implementation of the law.

§ 10. (amend. SG 16/03) The fulfilment of the law is assigned to the Minister of Agriculture and Forests.

 

The law was adopted by the 38th National Assembly on December 18, 1997 and was affixed with the state seal…

Transitional and concluding provisions

 of the Law of amendment and supplement of the Law of the forests - SG 16/03

§ 123. (1) A person, who has constructed building, structures, networks and facilities in state forest fund – private state property, till this law enters into force, or has acquired ownership in such, can buy the built and the normatively adjacent area, if the constructions have been admissible under the acting detailed urban development plans and the rules and the normatives, acted during their construction or according to the Law of spatial planing are tolerable constructions and are not subject to destroying.

(2) Application for buying shall be submitted to the Minister of Agriculture and Forests in one year term after this law enters into force. To the application shall be attached:

1. (suppl. – SG 34/06, in force from 01.10.2006) copy of identification document, current certificate of registration in the commercial register or certificate for updated status of the court registration and copy of BULSTAT code of the applicant;

2. documents, certifying the ownership of the building;

3. co-ordination letters of design – surveying for legalisation by the specialised control bodies in the cases of legalisation;

4. (amend. - SG 29/06) certificate from the Agency for geodesy, cartography and cadastre about observed requirements of Ordinance No 14 of 2001 about the content, the creating and the maintaining of the cadastral map and the cadastral registers;

5. certificate from the bodies, authorised to approve the respective investment projects, that the constructions can be legalised;

6. sketch of the track or the plot with marked co-ordinate points;

7. document, determining the normatively adjacent terrain;

8. report and certificate for valuation of the forests and lands from the forest fund;

9. decision about environmental impact assessment, issued by the order of the Law of protection of environment;

10. written statements by the structures and the territorial units of the National Department of Forests, in which territorial range of activity the properties are located.

(3) The Minister of Agriculture and Forests shall issue or refuse to issue order on the basis of the application of para 2. In one month term after the order enters into force the person shall pay the due prices, taxes, fees and expenses.

(4) On the basis of the order and due document for paid price, presented by the buyer, the chief of the National Department of Forests shall conclude sale contract.

(5) The sale contract shall be entered by the buyer at the service for entering at the location of the property for his account.

(6) If the person does not submit application within the term of para 2 or does not pay the due sums within the term of para 3, art. 74, para 1 of the Law of ownership shall be applied.

(7) In the cases of para 6 the right of ownership in the buildings, the constructions, the networks and the facilities shall be exercised by the Minister of Agriculture and Forests.

(8) The owners of other sites in the state forest fund, acquired till this law enters into force, which do not meet the requirements of para 1, can use the biult and the normatively determined adjacent area to the sites by the order of art. 16, para 5, items 4 and 5 or of art. 15e, para 3.

(9) The refusal of the Minister of Agriculture and Forests of para 3 shall be subject to appeal by the order of the Law of the administrative procedures.

§ 124. (1) In one month term after this law enters into force, the persons, received expedition forest mark before it enters into force, shall return it to the respective state forestry except when:

1. the term of validity of the permit for felling, issued to the persons before this law enters into force, has not elapsed;

2. the term of validity of the permit for felling, issued to the persons before this law enters into force, has elapsed, but at the temporary store there is not transported timber.

(2) In the cases of para 1, item 1 in three months term after the elapse of the term of validity of the permit for felling the persons, received expedition forest mark before this law enters into force, shall return it to the respective state forestry.

(3) In the cases of para 1, item 2 in three months term after this law enters into force the persons, received expedition forest mark before this law enters into force, shall return it to the respective state forestry.

(4) The circumstances of para 1, 2 and 3 shall be reflected in the register of the

§ 125. The applications for excluding and conceding of right of use in forests and lands from the forest fund, submitted till this law enters into force, shall be considered by the previous order. Till the ordinance of art. 19, para 1 enters into force a fee shall be paid, determined with the Tariff for the fees for excluded or conceded for use areas from the state forest fund, approved with Decree No 266 of the Council of Ministers of December 3, 1998 (prom. SG 146/98; amend. SG 56/99, SG 46/00, SG 101/01, SG 46/02, corr. SG 48/02).

§ 126. (1) In two years term after this law enters into force the chief of the National Department of Forests shall announce the competitions for taking of the positions of art. 31, para 1 and 2, for which competition has not been conducted.

(2) The employment contracts with the persons of art. 31, para 1 and 2 shall be terminated when the employee, won the competition starts to work.

§ 127. The state game breeding stations shall implement the activities, pointed out in art. 21 in the region of activity, determined for them, observing the requirements of this law.

§ 128. The by-law normative acts, issued pursuant to the provisions, revoked with this law, shall be applied till the issuing of the respective new by-law by-normative acts, as far as they do not contradict with the law.

 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 133. Paragraph 130, item 2 a) and §131, item 1 a) shall enter into force from October 26, 2002.

 

The law was passed by the 39th National Assembly on February 4, 2003 and is affixed with the official seal of the National Assembly.

Transitional and concluding provisions

TO THE TAX-INSURANCE PROCEDURE CODE

(PROM. – SG 105/05, IN FORCE FROM 01.01.2006)

 

§ 88. The code shall enter in force from the 1st of January 2006, except Art. 179, Para 3, Art. 183, Para 9, § 10, item 1, letter "e" and item 4, letter "c", § 11, item 1, letter "b" and § 14, item 12 of the transitional and concluding provisions which shall enter in force from the day of promulgation of the code in the State Gazette.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

(PROM. – SG. 30/06, IN FORCE FROM 12.07.2006)

 

§ 37. In the Law of the waters (prom. SG – 125/99; amend. – SG 79 and 133/98, 26/99, 29 and 78/00, 77, 79, 99/02 and 16 and 107/03, 72 and 105/05) the words "Law of the administrative procedure" shall be replaced by "Administrative procedure code".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into forcefrom the day of the promulgation of the code in State Gazette.

Transitional and concluding provisions

TO THE LAW OF THE COMMERCIAL REGISTER

(PROM. – SG 34/06, IN FORCE FROM 01.10.2006)

 

§ 56. This law shall enter into force from the 1st of October, with the exception of § 2 and § 3, which shall enter into force from the day of the promulgation of the law in State Gazette.

Transitional and concluding provisions

TO THE LAW FOR THE CONCESSIONS

(PROM. – SG 36/06, in force from 01.07.2006)

 

§ 23. The law shall enter into force from 1 July 2006 except Art. 42, para 3 and Art. 58, para 4 which shall enter into force from the date of accession of the Republic of Bulgaria to the European Union.




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