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Law No. 30 modifying and amending Laws No. 135 of 1961, 1a of 1968, and 4a of 1973 and conferring certain competencies on the President of the Republic, 18 March 1988.

This Law and regulatory Decree No. 2017 of 12 October 1988 (Diario Oficial, No. 38531, 12 October 1988, pp. 1-7) establish new procedures for the distribution of rural land in Colombia. A major aspect of these laws is the incorporation of the National Council of Economic and Social Policy (CONPES) into the planning and control of the agriculture reform scheme. According to these regulations, the Colombian Institute for Agriculture Reform (INCORA) will be in charge of the creation of the Annual Plan of Activities which establishes the regions subject to a land distribution plan under the supervision of CONPES. Once the Annual Plan of Activities is formulated, the regulations authorize INCORA to negotiate directly with the owners of the lands covered by the regional plan. For this purpose, the land is subject to technical analysis consisting of an on-site visit during which the quality, improvement, and value of the machinery attached to the land are assessed. After the analysis is completed, an offer will be made to the owner, who has a period of 15 days to accept or reject it. If the offer is rejected, INCORA will initiate an expropriation proceeding. Payment will be made in government bonds, maturing in five years. The owners have a right to seek the exclusion of their lots from regional plans. A second major aspect of these laws is that their objectives include not only the redistribution of the land but also the creation of adequate infrastructure for the development of regions subject to agrarian reform. Projects for the construction of railroads or other means of transportation, public service facilities, and cultural centers will be carried out keeping in mind the principle that respect for environmental concerns be maintained.

Americas↗

Law No. 109/88, 26 September 1988.

This Law establishes agrarian reform policy in Portugal. Its main goals are the improvement of the conditions of exploitation of the land; the economic, social, and cultural promotion of farmers and agricultural workers; the protection of their rights; the use of resources to increase agricultural production and productivity; and the protection of the environment, including the fertility of land. Special emphasis is given to consideration of regional ecological characteristics in efforts to maximize agricultural productivity. The Law also has as a goal the promotion of associational agricultural practices. To attain these goals, the Law provides for the expropriation and redistribution of land and introduces incentives designed to provide wide-ranging material support of agricultural activity and integrative measures, which deal with infrastructural development. Expropriation and redistribution of land are to be carried out according to procedures set forth in the Code of Expropriation. The Law, however, introduces the landowner's "right of reserve." Under this right, landowners may apply for the devolution of expropriated land, subject to the limit of 60 hectares per "right of reserve" or, alternately, to the limit of 91,000 productivity points, measured according to criteria of a land productivity schedule, regardless of the physical size of the area subject to expropriation. The "right of reserve" shall be apportioned among co-owners and legal successors of expropriated land. Procedures to be followed in determining the "right of reserve" are set forth in Regulating Decree No. 44/88, 14 December 1988 (Diario da Republica, Series I, No. 287, 14 December 1988, pp. 4915-6).

Agriculture↗

Decree No. 96.943 on official incentives and credits for agricultural and livestock projects in the Amazon area, 12 October 1988.

This Decree suspends for a period of 90 days 1) the approval of agricultural and livestock projects in the Amazon area in places covered with tropical forests for the purpose of granting incentives related to the Brazilian Investment Fund for the Amazon; 2) the granting of official credits for livestock projects in the same areas; and 3) the granting of official incentives and credits for agricultural and livestock projects in "Mata Atlantica" in areas covered with native forests, including those in the process of regeneration. This suspension includes projects to enlarge, modernize, make technically fit, or reformulate undertakings already approved. Within the 90-day period, new criteria and rules for the granting of official credits and incentives are to be devised.

Agriculture↗

Regulations on the application of the Forestry Law, 10 May 1986.

Among other things, these Regulations provide that the protection of the forests in China is the responsibility of local governments, which are to issue cutting permits to groups and individuals. An Order of 10 September 1987 on the felling of trees and reforestation sets forth conditions for felling trees and methods of reforestation. See Annuaire de legislation francaise et etrangere, Vol. 34, 1987, p. 127.

Asia↗

Order defining the jurisdiction of the forestry guard, 30 December 1987.

This Order defines the jurisdiction of the Haitian forestry guard in order better to protect the State's hydrographic basins and national forest resources. It provides that the forestry guard is to have the following functions: 1) to oversee in general the application of forestry legislation; 2) to stop all forms of agricultural or forestry exploitation that harm state lands; 3) to confiscate all illicitly exploited forestry resources; 4) to inspect regularly the parts of the forest or parks assigned to its care; and 5) to control the circulation of wood and wood products, documents, and freight. In collaboration with other interested state agencies, the forestry guard is also to prevent forest fires and promote the natural and man-made generation of the forest.

Agriculture↗

Order No. 0020 for the establishment of methods of reforestation, 19 March 1987.

In light of the "Green Movement" policy and the development of the Colombia Major National Reforestation Plan, this Order establishes the following methods of promoting reforestation: 1) advice and guidance to those concerned with tree planting; 2) forestry planning for farms; and 3) grants of trees whenever possible in the proportions indicated in the Order. The Order classifies beneficiaries into small-size tree farmers (up to 20 hectares, and 80% of whose income derives from that activity); and medium- and large-scale tree farmers (more than 20 hectares). Other provisions of the Order deal with applications, dates of completion of requirements, and the actual methods of promoting reforestation.

Americas↗

Law No. 7032 of 1986.

This Law sets forth a new version of the Costa Rica Forestry Law of 25 December 1969. Among other things, it gives added importance to the policy of reforestation and includes in its general principles the provision that the General Forestry Directorate will periodically establish a national plan of forestry development. This plan will recommend and grant incentives aimed at reforestation and the regeneration of species of trees, which will be considered a primary goal of the Law.

Americas↗

Order No. 87-03/MINIPROD, 7 July 1987.

This Order suspends the cutting of trees and the exploitation of forests throughout Comoros until a new forest code is established. Exceptions can be authorized by the Ministry of Economics and Finances.

Africa↗

Decree No. 88-103 setting the functions of the Minister of Waters and Forests, 27 January 1988.

This Decree sets forth the functions of the Minister of Waters and Forest of the Ivory Coast. Among other things, the Minister is to take the initiative in developing activities relating to the conservation, renewal, and management of the State's forests; defining a national reforestation plan; controlling the exploitation of forest products; and protecting the soil, water, and vegetation by using rational methods to preserve the climate, to fight erosion and fires, to restore natural vegetal cover, and to ensure that natural resources last. Decree No. 88-104 of 27 January 1988 sets forth the organization of the Ministry of Waters and Forests. Among the divisions of the Ministry are the Directorate for Conservation of the State Forests and for Reforestation and the National Committee to Defend and Fight against Fires (Journal Officiel de la Republique de Cote d'Ivoire, No. 7, 18 February 1988, pp. 62-64).

Africa↗

National Environmental Management Act, 1987 (No. 4 of 1987), 10 March 1987.

This Act gives effect in Gambia to the African Convention on the Conservation of Nature and Natural Resources. Among its provisions are the following relating to the protection of flora and forests: "The contracting States shall take all necessary measures for the protection of flora and to ensure its best utilization and development. To this end the Contracting States shall: 1) adopt scientifically-based conservation, utilization, and plans of forests and range land, taking into account the social and economic needs of the States concerned, the importance of the vegetation cover for the maintenance of the water balance of any area, the productivity of soils and the habitat requirements of the fauna; 2) observe section 1) above by paying particular attention to controlling bush fires, forest exploitation, land clearing for cultivation, and overgrazing by domestic and wild animals; 3) set aside areas for forest reserves and carry out afforestation programs where necessary; 4) [limit] forest grazing to season and intensities that will not prevent forest regeneration; and 5) establish botanical gardens to perpetuate plant species of particular interest."

Africa↗

Decree No. 18105-RENEM-H of 28 April 1988.

This Decree amends certain articles of Decree No. 16986-MAG of 7 May 1986 to regulate more adequately all reforestation activities and to develop them through state incentives. Modified sections establish payments that can be solicited by persons after presenting a reforestation plan for land that they own. They also describe application procedures, steps that the Government of Costa Rica must take before approving plans, the manner in which payments are made on a yearly basis, amounts to be paid per hectare per year, requirements of compliance with general forestry laws, and special payments that can be made to the owners of small parcels of land whose income does not exceed a certain level.

Americas↗

Decree No. 39-88, 25 March 1988.

This Decree declares the preservation of forests, reforestation, and the protection of drainage areas of rivers, lakes, and lagoons to be of national interest to Honduras. It requires the Executive to review contracts and authorizations for cutting wood in the 90 days after approval of the Decree and establishes a National Commission for the Preservation of Forests, Reforestation, and the Protection of the Drainage Areas of Rivers, Lakes, and Lagoons, composed of representatives of various agencies.

Americas↗