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Proposals to modify the existing Spanish Forest Law (Ley 43/2003 de Montes) Articles 33 (forest management plans) and 50 (land use change) Barcelona, March.

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Presentation on theme: "Proposals to modify the existing Spanish Forest Law (Ley 43/2003 de Montes) Articles 33 (forest management plans) and 50 (land use change) Barcelona, March."— Presentation transcript:

1 Proposals to modify the existing Spanish Forest Law (Ley 43/2003 de Montes) Articles 33 (forest management plans) and 50 (land use change) Barcelona, March 2015

2 Current provisions of Spanish Forest Law Art. 33: – Forest Administrations will promote forest management from a technical and economical point of view. – Both public and private forest shall have a forest management plan (FMP) or equivalent instrument. – But forest with an area below a threshold, to be set up by the Forest Administration, will be exempted from the former obligation. 2 nd transitional provision: – Forest falling under this obligation are given 15 years (up to 2018) to have a FMP.

3 Proposal to modify Spanish Forest Law New Art. 33: – Provision to promote SFM by the Administrations is kept. – Only public forests included in the Spanish catalogue (CMUP) and private “protective” forests are required to be managed through a FMP or equivalent instrument – New provision: regional forest Administrations will legislate when it may be mandatory for the remaining forests (public but not catalogued forests and private non- protective forests) to arrange a FMP. New 2 nd transitional provision: – Forest falling under this new obligation are given 25 years (up to 2028) to have a FMP.

4 Current provisions of Spanish Forest Law Art. 50: – It is prohibited to change the land use of a forest after 30 years since a forest fire occurred. – After the fire it is also forbidden, during the timeframe set up by the regional Forest Administration, to perform any activity which might hinder the regeneration of the forest area (trees, shrubs, etc.) affected by the fire. – Exceptions to this general prohibition are: When a planning instrument was previously approved by the competent Authority or, at least, the former has been undergone a public consultation process. When there are existing instruments that make possible to carry out grazing or extensive livestock activities in the forest affected area.

5 Proposal to modify Spanish Forest Law New Art. 50: – General provision to forbid land use change of a forest affected area by a fire after 30 years is kept. – The former exceptions laid down in this article are also maintained. – An additional exception is proposed: A land use change of a forest area affected by a fire will made possible within the 30 years framework when there are compelling reasons, which will have to be set up by law. By doing that, compensatory measures will have to be taken to make up for the forest damaged area. This new exception shall not be applied, in any case, in forest belonging to the Spanish catalogue of relevant public forests (CMUP).


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