As a general rule, the draft provides that it is prohibited to remove permanent or temporary grassland from the agricultural circuit, but there are listed a number of exceptions to this rule.
The draft stipulates that removing permanently or temporarily meadows from the agricultural circuit can be done, with the MARD approval, among others "for the establishment of new renewable energy capacity that would not affect the proper operation of grassland declared a public utility for works of national, county or local interest, in accordance with Law no. 33/1994 on expropriation for public use, re".
Law 33/1994 listed among works of public utility which may be expropriated -power production facilities.
"The methodology of removing permanent or temporary grassland from the agricultural circuit (…) is approved by the Minister of Agriculture and Rural Development, within 60 days of the date of entry into force of this law," reads the project.
Government justifies its initiative in that current law 214/2011 for the organization, administration and operation of grasslands, in effect, is contradictory and interpretable.
The removal from the agricultural circuit wasn't stipulated
The law requires, on one hand, that "communal and urban lawns are used exclusively for grazing, hay and to grow herbaceous plants of the area, in order to obtain green mass, hay or grains" and, on the other hand, that "activities occurring on grasslands are only those for increasing the potential production of the soil and can achieve protection curtains, buildings for the animals, sources of drinking water, regulation of waterways, improving land works and investment projects involving the production and use of renewable energy. "
Government shows in the explanatory memorandum of the law draft, that "these provisions have created confusion at the local level, from the appearance of the law, many requests being for the permanent removal of grasslands from the agricultural circuit in order to achieve the investment objectives similar to those set by law, but which can not lead to the goal ordered by the legislature, to increase the potential production of the soil, although the Law no. 214/2011 does not regulate the removal from the agricultural circuit".
"We mention that the problems for law enforcement and the existing legislative inconsistencies were found also by the Constitutional Court, according to Decision no. 733 of 10 July 2012 of the Constitutional Court concerning the exception of unconstitutionality of the Law provisions no. 214/2011 for the organization, administration and operation of grasslands (…) ", said the Government.
Free from expropriation
The draft law elaborated by the Gouvernment through MADR also provides that grasslands will be set aside for "placing national, county or local interest objectives, declared for public utility, under Law no. 255/2010 on expropriation for public utility (…) ".
That law present as works of public utility, for which can be made expropriations, all transport infrastructure works and water management, those related to generation, transmission and distribution of electricity and gas, and coal exploatation, works at infrastructure necessary for winter sports (ski slopes, ice rinks, etc.), works to achieve national system of forest belts protection and afforestation of degraded land works.
According to the draft law quoted, grasslands will be set aside for building location serving agricultural activities, infrastructures for radio, TV or mobile communication and mountain refuges in case of emergency.
Removing grasslands from the agricultural circuit to achieve the investment objectives mentioned can be made only by providing anticipated reallocation and / or compensation of the areas, for the moved lands will be made specific agricultural vegetal soil regeneration.
The draft law also stipulates that it is forbidden to include grasslands in built up areas.
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