Post by muntahabin on Feb 14, 2024 4:26:46 GMT
Law better known as the Forest Code, regulated forests and other forms of vegetation for decades. Rural landowners, unhappy with their provisions, which became more effective following court decisions, sought to change it. presented Bill 1,876, proposing a new Forestry Law. Only 13 years later, after intense discussions, amendments, vetoes, Provisional Measures, the PL was approved, becoming Law . In order for the new Forest Code to be understood, it is necessary to remember that Law 9,605/98, which deals with environmental crimes and administrative infractions, was regulated by Decree 6,514, of July 22, 1998. In this decree, the article imposed 55 that the owners of a Legal Reserve (RL) area, intended for the protection of fauna and biodiversity and which varied depending on the region of the country (20% in the south/southeast), were obliged to register it in the Property Registry, under penalty of fine. Throughout Brazil, most owners did not respect the RL area, using it for agriculture or other activities. They did not comply with the imposition and therefore managed to postpone the imposition of fines.
Furthermore, many properties with Permanent Preservation Areas (APPs), which are located in more sensitive locations n mountain slopes), also had situations consolidated by human intervention. For example, corn, coffee or banana plantations on hillsides. The aim of the new forestry law was to regularize the situation of these owners or possessors. However, strong opposition stated, in my Venezuela Phone Number List Venezuela Phone Number List opinion with reason, that this would be rewarding offenders to the detriment of those who complied with the law. But, the law was approved. Please note that it is for rural properties, there is no provision for urban properties. The legal text lacks clarity. It even has an expression in Latin (art. 62, maximum quota, contravening the principle that laws must be clear and accessible to everyone. Let’s look at some of the most relevant aspects. In article 3, definitions are given for several technical terms of interest. For example, section IV defines a consolidated rural area as “the area of rural property with pre-existing human occupation on July 22, 2008, with buildings, improvements or agroforestry activities, with, in the latter case, the adoption of the fallow regime permitted.
Thus anthropic occupation is that which was carried out with the intervention of man. The mention of July 22, 2008 is motivated by the fact that, on that date, Decree 6,514 came into force, creating several obligations for rural landowners, including the registration of legal reserve areas. Agroforestry activities mean using the same area for livestock, agriculture and forestry, alternately. Fallow regime means using part of the area for agriculture, leaving another part unused for a certain period of time, so that the soil can recover. The APPs, provided for in article 4, continue to be almost the same as those provided for in the 1965 Forest Code. And here the first question to be clarified arises. The new forestry law only gives different treatment to consolidated areas, that is, those that were already used by man before July 22, 2008. For example, a property built on the banks of a river (ranch) before July 22 2008 may be regularized before the environmental agency. After that date, construction may be embargoed, with fines and other sanctions imposed. In order to control all properties and possessions in rural areas, the new Code has an ambitious project, that is, to create a Rural Environmental Registry (CRA). They must be identified in a nationwide electronic public registry, which is mandatory for all rural properties.