Memorandum No. 7213
VALPARAISO, January 3, 2008
A PRESIDENT HE IS. CONSTITUTIONAL COURT
I have the honor to transcribe to you the draft law on recovery of native forests and forestry development, Bulletin No. 669-01.
BILL:
"PRELIMINARY TITLE
Article 1 .- This law aims at the protection, restoration and enhancement of native forests in order to ensure forest sustainability and environmental policy
Article 2 .- For the purposes of this law means:
1) tree: stem usually woody plant, which in its adult and normal habitat can achieve, at least five feet high, or a minor in environmental conditions that limit development.
2) Forest: place populated with vegetation in which trees predominate, occupying an area of \u200b\u200bat least 5,000 square meters, with a minimum width of 40 meters, with tree crown cover exceeding 10% of that area Total and semi-arid conditions and 25% in more favorable circumstances.
3) Native forest: forest composed of native species from natural generation, natural regeneration or planting under a canopy with the same species in the original range, which may have unintended presence of alien species distributed at random.
4) native forest preservation: that, whatever their surface, which currently makes up present or endangered plant species habitat or those legally classified category than "endangered", "vulnerable", "rare" "insufficiently known" or "safe" or environments corresponding to unique or representative of the diversity natural biodiversity of the country, which management can only be done with the objective of safeguarding diversity.
be considered in any case, included in this definition, the forests in the categories of management for preservation that make up the National System of Protected Areas of the State or that the legal regime of preservation, voluntary membership, which established.
5) Native forest conservation and protection: that, whatever their surface, which is located on slopes greater than or equal to 45% on fragile soils, or within two hundred yards from springs, bodies or natural watercourses, for the receipt of such soil and water resources.
6) Forest multiple-use native: the former, whose land and vegetation that do not correspond to the categories of preservation or conservation and protection, and that it mainly to obtain goods and services and non-timber.
7) Channel: watercourse forming a bed of silt, sand or rocks, bounded by defined banks, through which water drains into a temporary or permanent.
8) Corporation, the National Forestry Corporation.
9) Cuts of forest: the act of clearing, removing or capping one or more individuals of tree species forming part of a forest.
10) Short harvest: cut or intervention to remove the native forest, at the end of the rotation or in the cutting cycle, as appropriate, the volume defined in the forest management plan.
11) Cut healthcare: cutting trees at any stage of their development that are affected by pests or likely to be attacked, and whose stability is a threat to the stability of the forest.
12) unauthorized Short: Short made no forest management plan approved by the Corporation, as well, that short, with previously approved management plan, run contrary to the specifications techniques contained therein, especially for interventions in areas or species other than those authorized.
13) native or indigenous species: species of tree or shrub native to the country, which has been officially recognized as such by executive decree issued through the Ministry of Agriculture.
14) xerophytic Training: training plant, consisting of native species, mainly shrubs or succulents, with areas of arid or semiarid conditions located between Regions I and VI, including the Metropolitan and XV and in depressions within regions VII and VIII.
15) Interested: the owner or possessor in the process of clearing the property title, or owner of some of the duties listed in fourth and fifth paragraphs of Article 7.
16) Forest Management, hereinafter called "management" means a set of silvicultural interventions, organized in space and time, pursuing a forest structure that allows a sustained throughput, without adversely affecting productivity, or significant environmental features same, according to technical specifications contained in a forest management plan.
17) Small forest owners: the person who has title to one or more rural lands whose surface together do not exceed 200 hectares or 500 acres if they are located between Regions I and IV, including the fifteenth or 800 acres for properties located in the commune of Lonquimay in Region IX, in the province of Palena , in Region X, or XI and XII Regions, whose assets do not exceed the equivalent of building 3,500 units, that their income comes mainly from agriculture or forestry and working land directly on his property or other property of others. Be understood to include the owners of small farming communities covered by the decree with force of Law No. 5 of 1968, the Ministry of Agriculture, indigenous communities governed by Law No. 19,253, and communities on common property resulting from the agrarian reform process, the companies dry constituted in accordance with Article 1 of Decree Law No. 2,247, 1978 and the societies referred to in Article 6 of Law No. 19,118, provided that, at least 60% of the shares of such companies is held by the original partners or persons having the status of small forest owners, as certified by the Agriculture and Livestock.
only for purposes of the provisions in the third paragraph of Article 22 and the first paragraph of Article 25 shall read that small forest owner holder who meets the requirements of paragraph one and has acquired the status of regular keeper in accordance with the provisions of Decree Law No. 2,695 of 1979. This must be accredited by a copy of the entry of the decision granting a regular possession of the property of the Real Estate as appropriate.
18) Management Plan: instrument, meeting the requirements set forth in this legal, asset management planning and ecological sustainable use of forest resources in a particular field, protecting the water quality and avoiding soil deterioration.
management plan will preservation when you have as a fundamental objective to safeguard the biological diversity, ensuring the maintenance of conditions that enable the evolution and development of species and ecosystems contained in the target area of \u200b\u200baction.
forest management plan will be its objective is the exploitation of native forests to obtain wood and non wood goods, given the multifunctionality of forests and biodiversity.
19) Supplementary Plantation: that planting under tree canopy or side protection is done with native species specific to the site, or the same forest type that have existed before him, and is done as a complement to natural regeneration, to improve the quality of the native forest.
20) Non-timber forest Native: all goods and services that do not correspond to bring wood or timber and that there are or can be developed within a native forest from the native species that compose it. Means for these effects, but are not limited to, items such as fungi, plants for food purposes, wild fruit trees and shrubs of medicinal plants, chemical or drug, wildlife, plant fibers, and services tourism.
21) Natural regeneration of forest Native: process by which a forest is established through planting or regeneration of native tree seeds from the same stand or stands neighbors, which are spread by natural agents such as wind, water, mammals, birds or regrowth spontaneous existing strains.
22) new shoot: youth from state forest natural regeneration, consisting of native tree species, diameter and height for each forest type, does not exceed the limits prescribed by regulation.
23) Environmental services: those provided by native forests and plantations that directly affect the protection and enhancement of environment.
24) Controlled burning: the act of using fire to remove vegetation in a targeted, limited or limited to a predetermined area according to pre-established standards in order to keep the fire under control.
25) Wildfire: any destruction of vegetation through the fire and when it spreads freely and without control on forest called.
26) Forest type: cluster tree characterized by the dominant species in the upper strata of the forest. TITLE I
of forest types
Article 3 .- By decree issued through the Ministry of Agriculture, established forest types belonging to the country's native forests and regeneration methods applicable to them.
The procedure for setting rates and forest regeneration methods considered, at least, the following steps: development of scientific and technical studies to underpin the typology established, methods of feedback and consultation to public and private competition in the field.
Article 4 .- The Corporation shall maintain a permanent forest land register, which should identify and establish, at least cartographically forest types in each region of the country, their status and those areas where ecosystems exist in the presence of special interest forests for conservation or preservation, according to the criteria established in the regulations under this law.
The forest land register should be updated at least every ten years and shall be public information.
Consultative Council referred to Article 33 of this Act deemed the land forest, along with other relevant sources of information as a basis for proposing criteria for targeting, prioritization and allocation of land covered bonuses This law, which may be obtained using the competitions covered by this Code. PART II
MANAGEMENT PLAN
Article 5 .- Any action short of native forest, regardless of the type of land on which it is located, must be pre-approved management plan for the Corporation. Must also comply with the requirements of Decree Law No. 701 of 1974. Approved management plans should be public and available on the website of the Corporation upon request.
Article 6 .- The management plan shall contain an overview of the existing natural resources on the farm. For the area involved will be asked detailed information, as I indicated in the regulations.
Article 7 .- The management plan must be submitted by the applicant and prepared by one of the professionals mentioned in this article. In the case of forest management plan, it must be prepared by a forestry engineer, an agronomist specialized or professional related to forest science attesting also hold a postgraduate or graduate in the life sciences. In the case of a conservation management plan, it must be prepared by a forester, a conservation engineer natural resource, natural resource engineering or related professional certifying that, in addition, be in possession of a postgraduate or graduate in such areas of training.
In any case, the professionals referred to in this Article shall have completed a curriculum of at least ten semester, a race delivered by a state university or recognized by it.
The plan must have the signature of the individual and the practitioner has developed.
When the construction of roads, the exercise of mining concessions or easements, gas, power utility, other products regulated by law, as appropriate, involving short of native forest management plan need be submitted by the respective dealer or owner of the easement, as appropriate, who will be responsible for fulfilling all the obligations contained therein .
In the case of public forests, the management plan shall be signed by the licensee or lessee of the respective property tax, who will be responsible for meeting the obligations contained therein. It will also be signed by the respective Regional Ministerial Secretariat of National Property, which will certify that the applicant has any of those qualities and there is no opposition from the Ministry of National Heritage.
The management plan may include multiple parcels and owners.
Article 8 .- Presented a management plan to the Corporation, it shall approve or reject within ninety days from the date of entry of the request to the appropriate office.
If the Corporation does not act within the prescribed period, it shall be approved by the management plan proposed by the applicant, except for areas that include the situations listed in Article 17 of the Act.
The Corporation may reject a management plan only when it does not meet the requirements of this law.
In the event that the Corporation refuses all or part of the management plan, the applicant may appeal to the judge, according to the procedure laid down in Article 5 of Decree Law No. 701 of 1974. In this case, the final decision shall be final.
approved a management plan, the applicant must give notice to the Corporation when you start the execution of tasks and completed one year of start of its implementation, must certify annually to the Corporation, the degree of progress of it, when that happens , through a report prepared by the applicant.
Article 9 .- The Corporation shall maintain a record or information system, funded by provinces, both public, on record approved management plans, and certify its existence on a particular site on request.
Article 10 .- If, subsequent to the approval of the management plan is established that it was based upon false information, the Corporation may terminate, according to general rules, the administrative actions have been based on them, without prejudice to pursue civil or criminal liability arising therefrom. In
same shall apply when inaccurate and previous history, in terms that have substantially influenced the approval of the respective management plan.
The applicant may protest the decision to invalidate administrative acts as authorized in the preceding paragraphs, in accordance with the provisions of Article 5 of Decree Law No. 701 of 1974, but this claim suspend compliance with the resolution by Corporation.
Article 11 .- The Corporation may develop rules of general management and management plans, types which may benefit the owners. In this case, it will be fulfilled the obligation to submit a forest management plan establishing in this law, applying the general procedures that apply to them in the manner prescribed by the regulations. The Corporation shall encourage and facilitate the use of such general rules and management plans by type of small forest owners.
case of the requirements of Articles 7 and 19 of this Law may not replace the requirement to have the Forest Management Plan.
Article 12 .- The approved management plans may be amended during its term, upon submission and approval of a technical study prepared by one of the professionals listed in Article 7 of this law. The Corporation shall decide on modifications within 60 working days.
The change does not alter the management objective identified in the original plan, unless the proposed new system is likely to get from the state in which the forest is at the time of the proposition.
Govern for the changes, the same general rules established for the management plans, including rules on administrative silence referred to Article 8 of this law.
Delaying logging activities contained in the management plan and do not involve a deterioration of the forest will not be considered as an amendment to it, and only require prior notice to the Corporation, as determined by the regulations.
However, this change will not enable to increase the profits made by the competitions covered by Title IV of the Act.
Article 13 .- The management plan is approved, the applicant or the premises who subsequently acquires any title, is subject to compliance and other obligations under this law. For these purposes, shall be recorded outside the respective domain registration, the site concerned has an approved management plan. This entry will be free and comply with the single communication from the Corporation to the Real Estate as appropriate.
The Applicants may withdraw the approved management plan prior repayment in fiscal revenue of the sums that are no longer payable under tax breaks and subsidies granted by this Act, plus adjustments and statutory interest determined by Internal Revenue Service in accordance with the rules of the Tax Code, as appropriate.
withdrawal shall not be authorized when there are pending activities regeneration or reforestation. Tested
refund, the Corporation shall issue a resolution approving the withdrawal, which shall be recorded in registration referred to in Article 9, and report on the Real Estate, who shall note in the margins of the respective domain registration an extract of the resolution approving the withdrawal.
Article 14 .- The regeneration or reforestation commitments set out in management plans approved by the Corporation, or the compensation or reparation measures established by court order, shall be completed as verified in field survival was less than 75% of the number of individuals engaged in the respective management plans. This survival must be determined not by those individuals meet two years of life, from planting or natural regeneration.
TITLE III OF ENVIRONMENTAL PROTECTION RULES
Article 15 .- Cutting of forests should be done according to rules laid down in this Title, without prejudice to those established in Law No. 19,300, with objectives of protecting water quality, prevent soil degradation and biodiversity conservation.
Article 16 .- The forest management plan provided for in Article 5 will require further cuts for all native forest conservation and protection of a technical justification based methods short to be used, as well as the measures to be adopted with the objectives of protecting the soil, the quality and quantity of the flow of streams and conservation of biodiversity and measures to prevent and combat forest fires. Similarly, the management plan must respect the biological corridors that the Ministry of Agriculture has officially defined. Article 17 .- Prohibits
cutting, destruction, disposal or impairment of native trees and shrubs at a distance of 500 meters from the glaciers, measured in horizontal projection on the plane.
Regulation will regulate the protection of soils, bodies and natural water courses, having, at least, the following key criteria: the slope, rainfall, the fragility and erodibility of soils, the saturation level of the same and the flotation of logging equipment. For the protection of natural water courses will further consider the size of the basin, flow and timing.
Likewise, the Regulations shall determine the rules for the protection of wetlands conservation priority sites declared by the National Environment Commission, or Ramsar sites, should consider the criteria outlined in the preceding paragraph as well as protection requirements of the species that inhabit.
that legislation should also respond to regional specificities.
In developing those regulations shall apply in point b) of the fifth paragraph of Article 33 of this law.
Article 18 .- The rules mentioned in Articles 15, 16 and 17 of this title shall apply also to plantations benefiting from the provisions of paragraph two of Article 13 of Decree Law No. 701 of 1974. Article 19 .-
Prohibits cutting, removal, destruction or grubbing of individuals of native plant species classified in accordance with Article 37 of Law No. 19,300 and its regulation in the categories of "endangered", "vulnerable", "rare", "insufficiently known" or "clear", which are part of a native forest, as well as the alteration of their habitat. This prohibition does not affect individuals of those species planted by man, unless such plantations has been effected in compliance with compensation measures, repair or mitigation mandated by a resolution of environmental qualification or other competent authority.
may exceptionally be intercepted or altered the habitat of the individuals of these species, prior authorization Corporation, the award by a reasoned decision, provided that such interventions do not threaten the continuity of the species to the basin level or, exceptionally, elsewhere, they are necessary and aimed at carrying out scientific research medical purposes or are intended for execution of works or the development of the activities identified in the fourth paragraph of Article 7, provided that such works or activities are of national interest.
To authorize assistance referred to in the preceding paragraph, the Corporation shall request reports from experts on whether the intervention affects the continuity of the species and on measures to be taken to ensure their continuity.
To carry out the intervention, the applicant shall prepare a conservation management plan that considers, among other things, measures to bring the resolution referred founded the second paragraph above.
To qualify for the national interest, the Corporation may request any reports it deems necessary to other entities.
Article 20 .- The regulations shall determine the manner and conditions under which the Corporation shall authorize exceptional interventions referred to Articles 7, 17 and 19 of this law.
Article 21 .- When the short native forest is made with the change of rural land use established in the General Law on Urban Planning and Construction, construction works or the development of the activities in the fourth paragraph of Article 7 hereof, the applicant must submit a management plan containing the goals of the short, the definition of the layout of the work, the description of the area to intervene, the description of vegetation to remove, short programs, for mapping and reforestation programs , which must be conducted in the same forest type species involved.
PART IV CONSERVATION FUND
, RECOVERY SUSTAINABLE FOREST AND NATIVE
Article 22 .- There will be a contestable fund aimed at the conservation, restoration and sustainable management of native forests, hereinafter "the Fund", through which a bonus will be awarded to contribute to solving the cost of the activities under each of the following literals:
a) Activities that promote the regeneration, recovery or protection of xerophytic formations of high ecological value and preservation of native forests in order to achieve the maintenance of diversity biological, except those belonging to the National Wilderness Protected State. This bonus will reach up to 5 monthly tax units per hectare;
b) Silvicultural activities aimed at obtaining non-wood products. This bonus will reach up to 5 monthly tax units per hectare and
c) silvicultural activities designed to manage and restore native forests for timber production purposes. This bonus will reach up to 10 monthly tax units per hectare.
The maximum amount to reclaim, by literal, will be shown in each of them, and to reclaim the maximum amount of activity will be set on a table set by the maximum value of hardenable activities, expressed in monthly tax units, according to forest type, state of forest development and regions, as appropriate. This table is fixed by a decree issued through the Ministry of Agriculture, the report of the Corporation, which also must be signed by the Minister of Finance. This decree was issued during the month of August each year and will apply for the following season. If the Ministry of Agriculture does not set those values \u200b\u200bat the time indicated, shall, for purposes of calculation and payment of the bonus, the values \u200b\u200bcontained in the latest published value table.
In the case of small forest owners, the amount of the subsidies listed in subparagraphs of the first paragraph of this Article shall be increased by up to 15%, as provided in the rules of the Fund.
Applicants must submit their draft management plans in accordance with the regulations and bases. Stakeholders whose projects have been selected in competitions must submit the relevant management plan to the Corporation.
Article 23 .- The reduction can also developing forest management plans designed at the discretion of management, whose projects have been selected in competitions referred to the following article. The amount of this incentive will be up 0.3 tax units per hectare subject to be subsidized activities in subparagraph c) of Article 22. This incentive will be paid after credits the implementation of these activities. However, the applicant can not receive more than 700 tax units for this item, or to be benefited more than once.
Article 24 .- The Fund's resources will be allocated by open competition. To apply, interested parties must submit an application for bonus, accompanied by a draft management plan, which should detail the activity or activities to be accomplished and identify the area to intervene. An applicant may participate in new contests, in order to obtain a bonus, for the same surface, for forestry activities defined in the rules and correspond to the same literal, provided that the amount of the rebate to which posits, together with that of those obtained in other contests, not exceed the maximum amount subsidized by hectare indicated in subparagraphs of Article 22.
contest will not be accepted bonus applications in various activities including activities literal or reclaimed in previous contests for the same surface.
Article 25 .- The Fund's resources will be allocated through two contests, one of which must be used exclusively to small forest owners, as defined in Article 2 hereof.
The Budget Act each year, determine the amount of resources to be allocated to the Fund. The percentage of the Fund shall be allocated to each competition will be determined each year by decree of the Ministry of Agriculture, which must be signed by the Minister of Finance. In any case, the percentage allocated to each contest can not be less than 25%.
This decree shall be published during the month of January each year and will apply from 1 February of that year and January 31 next year. If the January 31 of each year has not determined the percentage allocated to each fund, governed for all legal purposes the decree is in effect last year.
Article 26 .- The rules of the Fund shall be subsidized activities that comprise each of the literals mentioned in the first paragraph of Article 22, the frequency of competitions and the requirements for developing the bases.
The regulations shall, in addition, criteria for prioritization of land, targeting and allocation of the subsidies contained in this law. These criteria should include, inter alia, the following variables: size of property considering the other properties of agroforestry character belonging to the person concerned, and amount requested be subsidized, part of the financing by the person concerned, and in the case of subsidized activities referred to in paragraph a) of paragraph one of Article 22, the contribution the conservation of ecological diversity of the country.
Article 27 .- The Ministry of Agriculture defines the criteria for prioritization of land, targeting and allocation of the subsidies contained in this Act, and the criteria of technical and environmental assessment, after consulting the Advisory Council of Forest according to the provisions of Article 33.
Article 28 .- The fund regulation should address the mechanisms to achieve equal participation in the competitions of the Fund, shall establish a simplified application for small forest owners.
bases contests must contain the criteria for technical and environmental assessment and will promote those projects whose purpose is the recovery, improvement and preservation of native forests, as appropriate, or the recovery and preservation of xerophytic formations; In both cases, when they present a clear social benefit and urgency.
Article 29 .- You can only receive bonuses awarded, subject to proof of the execution of the activities involved in the management plan approved.
Bonuses are paid on production of relevant reports, which must be approved by the Corporation.
These reports should be prepared by one of the professionals referred to the first paragraph of Article 7 hereof.
If you have not been carried out all activities involved, only pay the bonus amount for the work actually carried out, provided they do not constitute a breach of the management plan, according to as stated in this law.
Article 30 .- If during a contest requirieren resources projects submitted less than the amount asked for the competition concerned, they may be allocated directly provided such projects meet the criteria defined in the regulations and bases, unless reasonable grounds, the contest is declared wilderness.
Notwithstanding the preceding paragraph, once awarded the project the remainder of the funding allocated to one of the competitions will be assigned to another.
bases and the results of the competitions will have a public character.
Article 31 .- The Fund is managed by the Ministry of Agriculture, from its own resources. However, this Secretary of State may delegate all or part of the administration of the competitions in the National Forest.
Every three years, at least, there will be a public assessment of the Fund, considering both its administration and its territorial allocation and results achieved.
Article 32 .- The President, by executive decree issued through the Ministry of Agriculture, which also must be signed by the Minister of Finance, establish procedures for the fund, to which request the opinion Consultative Council referred to Article 33 of this law.
Article 33 .- Create the Forest Advisory Board, which will be chaired by the Minister of Agriculture and integrated addition, the following people representing the area they come from:
a) Two academics, one of the which must represent schools or faculties of forestry and the other schools or faculties of biology that have experience in the conservation and sustainable use of native forests;
b) Two persons nominated by non-governmental non-profit His experience in the conservation and sustainable use native forest;
c) Two persons nominated by organizations of medium and large landowners with native forests;
d) Two persons nominated by organizations of small landowners with native forests;
e) The President of the College of Foresters of Chile AG, or the person authorized on his behalf;
f) A person nominated by the owners of protected areas on private property;
g) The President of the Botanical Society of Chile, or the person designated on your behalf;
h) The Executive Director of the National Environment Commission;
i) The Executive Director of the Forestry Institute and
j) The Executive Director of the National Forestry Corporation, who will act as Executive Secretary.
The appointment of the Advisory Council members referred to in subparagraphs b), c), d) f) of this section shall be determined on the basis of shortlists concerned entities sent to the Minister of Agriculture, within to bring the call issued for the purpose; period of not less than 30 days. This meeting will be widely disseminated and published, in any case, the ministry's website.
Directors shall be appointed by the Minister of Agriculture and will last 3 years in office. In any case, the directors receive no compensation or any diet for their participation in the Council.
In case of absence or disability of the Minister, be replaced by Assistant Secretary of Agriculture.
is for the Advisory Council:
a) answer inquiries put by the Minister of Agriculture on matters covered by this Act;
b) Make decisions in advance about the draft regulations, as amended, to provide input on implementation of this Act and propose legislative and regulatory policy adjustments may be necessary;
c) Comment policies drawn up by the Ministry of Agriculture for the use of research resources listed in Title VI of this Act and proposed projects financed from these resources, and
d) To propose to the Minister of Agriculture criteria for prioritization of land, targeting and allocation of the subsidies contained in this Act as well as technical evaluation criteria and environmental.
The rules of this law shall establish rules of operation of the Advisory Council.
Article 34 .- The beneficiary of the subsidies referred to in Article 22 may be transferred by public or private instrument, signed before a notary public. These bonuses can be collected and paid to persons other than the subject, always accompanying document evidencing the transfer.
The Corporation may issue, upon request, a certificate of future bonus for those who do qualify for it, which may be established by endorsement as collateral for credit facilities to finance liaison activities to the bonus. This future bonus may also be transferred through the same certificate by endorsement, signed before a notary.
Article 35 .- The benefit referred to in Article 22 received or accrued, shall be considered as deferred income in current liabilities and shall not constitute income for any legal effect until the cut is made harvest or sale of forest resulting in the bonus, at which will be amortized, paying the operating costs and as the extent to which it or the sale of forest are made.
For the purposes set forth in the preceding paragraph, shall apply to annual bonuses payable or received, considered as deferred revenue in current liabilities, monetary correction rules set forth in Tax Law Income, readjusted in the same way that the costs incurred in the management of native forests included in the asset.
earnings resulting from the exploitation of native forests obtained by natural or legal persons will be affected to general of the Law on Income Tax.
However, those who exploit forests which are not qualifying for the benefits established by Legislative Decree No. 701 of 1974, and in this Act, shall declare the actual or presumed income for the purposes of the Act Income Tax in accordance with the provisions of Article 20, number 1, letter b) of the Act, with the exception of sales cap annual net which, in respect of forest products from the forest, will be 24,000 units per month considering the sales tax on a cumulative basis in a rolling three-year period.
People who, being under the presumptive income scheme for its agricultural activities in accordance with the Law on Income Tax, availing themselves of the benefits of this law, shall be taxed on the basis of actual income as of 1 January of the marketing year following that in which sales exceed the limit prescribed in the preceding paragraph. In any case, also be other rules in Article 20, number 1, letter b) of the Act Income tax when the taxpayer carries on other farms or meet other requirements, according to the legal requirement to make mandatory the tax return based on actual income.
Small forest owners will be affected in any case, the imputed income system laid down in Article 20 of the Law on Income Tax, and not subject to tax provisions contained in the first and second paragraphs of this article .
tax for all purposes related to this law, and without prejudice to the responsibilities and obligations of individuals, the Corporation shall make, in cases appropriate, relevant communications to the IRS.
native forests in this Law shall be exempt from land tax levied on agricultural land and should not be considered for the purposes of Inheritance Tax Law, Allocations and Grants. To make this exemption the owners of these forests must request the corresponding declaration of native forest, based on a technical study prepared by one of the professionals referred to the first paragraph of Article 7 of this law, according to the rules established by the regulations. The Corporation shall determine the application within within 60 days of its submission. If it does not act within the time specified, the request is deemed approved.
Internal Revenue Service, with the only merit of the certificate granted by the Corporation, order the immediate tax exemption mentioned in this article, which shall commence from the date of the relevant certificate, unless the exemption territorial governing effective 1 January of the year following certification.
Internal Revenue Service is authorized to divide the respective appraisal role, if appropriate and necessary for the Tax.
Article 36 .- The Finance Act contemplate resources to pay the bonuses to which this law. Payment thereof shall be made by the General Treasury of the Republic. TITLE V
of borrowers FOREST
Article 37 .- Without prejudice to the powers of certification and oversight that apply to the Corporation, there will be forest accreditation natural or legal persons who cooperate with it in the exercise of those tasks.
Article 38 .- Only carry on the business of professional forestry accreditation referred to in Article 7 of this law, are entered in the register of accredited forest for this purpose by the Corporation, which shall be considered public. The Corporation shall publish the register referred to in its website.
case of legal entities, they must consider in their statutes the rotation forestry accreditation. In addition, personnel allocated to these entities carrying out the forest certification activities must have the same professional quality as those indicated in the preceding paragraph.
forest Accreditors be empowered to certify:
a) That the information contained in management plans correspond to reality, and
b) The successful implementation of the activities involved in the management plan for the bonuses referred to in subparagraphs of Article 22 of this Law and Article 12 of Decree Law No. 701, 1974.
On the basis of the certificates referred to in letter a) of the preceding paragraph, the Corporation will assess the management plans, to ensure that they meet the objectives outlined at No. 18) of article 2 of this law.
With the certification referred to in point b) of the third paragraph of this Article, the Corporation may authorize the payment of subsidies which they relate, informing the Treasury Service, to proceed to pay the same.
Article 39 .- The regulations establish requirements for registration, content and operation of the register referred to in the preceding article, as well as other rules governing the activities of forestry accreditation. Also seek to ensure the availability of these remote communities in the country.
Article 40 .- The creditor that certificare a false fact or no punishment shall be punished under Article 193 of the Penal Code.
If the creditor has a legal personality, is punishable in the manner indicated in the previous paragraph who have provided bogus information that formed the basis for issuing the fake certificate and those who had consented to or acted in concert in the issuance of the license.
For this purpose only, it is understood that the certificates issued by the creditors are public instruments.
Since the formalization of the investigation, the creditor will be suspended from the respective record, if convicted, shall be disqualified in perpetuity to carry on the business of forestry accreditation. To this end, the trial judge shall notify the Corporation such decisions, so that appropriate to note in Forest Accreditors registration suspension or disqualification for life, as appropriate.
If the fact mentioned in paragraph one, we had participation any of the partners, general managers or administrators of certification authorities, they will be punished with the permanent cancellation of your Registration of accredited Forest referred to this law . Not entered in the Register new certification bodies that appear as partners who have been, in turn, of entities which are disenrolled been provided where it has been established in the respective procedure that such people had participation the fact that prompted the sanctions. This decision may be challenged in the manner prescribed in the second, third and fourth the following article.
Article 41 .- The violation or infringement of any other rule governing the activity of forest accreditation, shall be punished according to the seriousness of the offense, with one or more of the following administrative measures:
a) suspended for six months
b) suspension of their registration for up to two years and
c) cancellation for 5 years from registration in the registers, in case of relapse more than twice.
administrative measures will be implemented by decision of the Regional Director concerned, will always claim that, having submitted the application to the corresponding Regional Director to the Executive Director of the Corporation, within ten working days from notification, who must resolve brief summary setting forth the reasons for its decision.
The decision acquitting or apply a measure shall notify the affected home, or your agent, if any, by registered letter.
the order of the Executive Director to implement an administrative measure, it may appeal the individual judge in civil court of the territory they had searched his home the claimant, subject in all other respects with the provisions of Article 5 of Decree Law No. 701 of 1974.
TITLE VI OF RESOURCES FOR NATIVE FOREST RESEARCH
Article 42 .- The Finance Act contemplate an annual research fund for the native forest, whose purpose is to promote and increase knowledge in matters related to native forest ecosystems, their management, preservation, protection, enhancement and recovery, without prejudice to the private contributions to complement it.
The resources allocated by this procedure will be provided by public competition.
Article 43 .- These resources will be devoted specifically to encourage and support:
a) scientific and technological research related to the native forest and biodiversity protection;
b) research and technological development projects tending to the protection of soil, water, flora and fauna and ecosystems related to the forest;
c) the creation and establishment of training programs, education and technology transfer in rural areas, dedicated to teaching and improvement of rural people and communities whose livelihood is the native forests
d) evaluation of the effects of interventions in the native forest, according to this law, and
e) the development of complementary initiatives those intended to allow provide background, information dissemination, knowledge and resources aimed at meeting the objective of this law.
Article 44 .- The policies and guidelines for the use of research resources will be defined by the Ministry of Agriculture, at the suggestion of the Advisory Board referred to in Article 33. A regulation will regulate the details of the administration and destination of these funds, and the mechanisms for evaluating projects and programs being used.
TITLE VII OF THE PROCEDURE AND PENALTIES
Article 45 .- It shall apply sanctions and penalties set forth in this Act as a local police judge is a lawyer with expertise in the parish in which the offense was committed, you know in the first instance they make any claims that officials of the Corporation or of Carabineros de Chile.
However, those offenses which imported the application of fines of more than 5,000 units monthly tax and those that were committed within a municipality that has no police magistrate be local lawyer, will be resolved in the first instance by the local police magistrate seat in the provincial capital city.
courts referred to in the preceding paragraphs have jurisdiction over complaints that they make any in accordance with the provisions and procedures set out in Law No. 18,287, except as provided in Articles 19, 20 and 21 of the Act.
The Corporation is authorized to apply to the local police courts applying the constraints set out in the first paragraph of Article 23 of Law No. 18,287 and to perform executive actions referred to in paragraph two of this article, aimed to enforce payment of fines and penalties apply to violations set forth in this law. He shall also be entitled to collect and process the personal costs of the proceedings in which intervention, to the payment of which offenders are convicted.
crimes referred to in Articles 40, 49 and 50 of this law will be aware of the Judges of warranty or Oral Trial Courts, as appropriate, with jurisdiction over the territory in which the offense was committed.
Article 46 .- An infringement of the provisions of this Act or the regulations, officials of the Corporation shall compile a report which shall contain the facts constituting of the violation, indicating the date, place, date and time of the taking Inspect, the fact of being present or not the alleged offender or his legal representative and the individualization of it, home, if possible, and contravened laws.
With the merit of the act referred to in paragraph one, the respective Regional Director of the Corporation shall make the corresponding complaint with the court or the Attorney General, as appropriate, with a copy of the minutes.
Being a first offense and if they appeared favorable background, the court may reduce the penalty applicable to by 50%. He may acquit the offender in case of excusable ignorance or good faith tested.
Checks may be made by aerial photography or remote sensing, without prejudice to other evidence.
Article 47 .- The officers appointed by the Corporation for the control of this law and the police have the status of minister of faith in all actions to be carried out to fulfill this task.
Corporation officials can only enter the premises or storage facilities for the purpose of monitoring compliance with the law, prior approval of management responsible for them.
In case of refusal to authorize the entry, the Corporation may request the competent court the assistance of the police force, which, by resolution and merit of the information provided by the Corporation, may be granted immediately, unless resolved to hear the affected party, in which case it must appear within 48 hours from notification.
For the purposes indicated in the preceding paragraph shall be considered as competent local police judge stated in Article 45 above.
Article 48 .- The actions to prosecute violations of this law do not constitute prescribe a crime within five years and those that constitute criminal offenses shall prescribe in the manner and terms set forth in the Penal Code.
The limitation period shall run from which the offense was committed, except for those permanent, which will have ceased since the breach.
Any further infringement on the same site interrupted the requirements which are in progress.
Article 49 .- Any person who submitted or I will have a management plan based on false certificates or absent proof of a fact, knowing the circumstances, shall be punished with imprisonment within the maximum degree to prison mayor in its minimum degree.
If a person who has submitted the plan based on the certificates referred to in the preceding paragraph, he received a bonus of granting this law will be condemned also to pay a fine up to three times the amount of perceived bonus, which will be adjusted according to changes you've experienced the Consumer Price Index between the date of collection of the subsidy and the actual payment of the fine. Established
the falsity of a certificate based on false information or no, the Corporation shall render acts of an administrative nature which may have been based on it.
Article 50 .- Any person who, in order to benefit from subsidies provided in this Act, has submitted knowingly a management plan based on false information, other than those specified in Article 49, shall be punished with imprisonment minor in any degree. If he received a bonus, shall be punished as well, with fine, which is equivalent to twice the amount of subsidy received, adjusted by the change you've experienced the Consumer Price Index between the date of collection of the bonus and the actual payment of the fine. Established
the falsity of a certificate based on false information or no, the Corporation shall render administrative acts which may have been based on it.
Article 51 .- Any unauthorized cutting of forests will be incurred to the property owner, or who run in a fine equal to twice the market value of the products cut or operated with a minimum of 5 units per acre monthly tax . When products are found in the possession of the offender, will fall well be confiscated and will be sold by the Corporation. If products from unauthorized logging has been set aside in whole or in part of the property, the offender shall be punished with the fine specified above, increased by 200%.
Article 52 .- The short, removal, destruction or grubbing, or other form of killing individuals of species listed as endangered, vulnerable, rare, insufficiently known or out of danger, which does not correspond to operations authorized under Article 19 of this Act, shall be fined 5 to 50 monthly tax units per copy, if it does not have commercial value, otherwise, the fine shall be double the market value of each issue targeted by the intervention.
If the products of the infringement are held by the offender, be confiscated and will fall sold by the Corporation. If these products may have been removed in whole or in part of the site or distribution center, the appropriate penalty the offender shall be increased by 200%.
For samples without commercial value, the trial judge to impose the sanction specified in paragraph one, should take into consideration the number of copies seized, the scientific value of the data and the classification of the species for which request a report thereon to the Corporation.
Article 53 .- The unauthorized cutting of native forest in violation as stated in Articles 17 and 7 ° 8 ° transition of this Act, shall render the offender on the fine referred to in Article 52 increased by 100%.
Article 54 .- Establishes the following penalties for offenses listed below:
a) breach of security activities, a fine of 5 to 15 units per hectare monthly tax defaulted, according to the requirements contained in management plan;
b) failure to reforest the obligation referred to in the management plans, with a fine of 10 to 15 monthly tax units per hectare, meaning whenever a serious offense for purposes of applying the sanction
c) breach of any other obligation under the forest management plan, other than those mentioned in the preceding letter, with a fine of 2 to 5 units per hectare monthly tax unfulfilled unless it is established force majeure ;
d) not to accredit the request of the competent authority, that timber found in his possession from a short authorized by the Corporation referred to in Article 58, to a fine of up to 3 monthly tax units;
e) the cutting, destruction or grubbing of xerophytic formations without a work plan previously approved by the Corporation and the breach of the obligations in the plan, with a fine of 2 to 5 units per hectare defaulted monthly tax depending on their severity. Those were considered serious misconduct relating to breaches of the rules of environmental protection, and
f) breach of the obligations contained in the conservation management plan shall be punished by a fine whose amount is double the cost of the action breached .
Article 55 .- The payment of fines imposed for violations of provisions of this Act shall not exempt the offender's compliance with relevant obligations.
Article 56 .- The native forest, for which he had paid some of the bonuses of this Law may not be short crop in a different time limit set out in the forest management plan.
For advance or delay harvest short, the applicant must have prior to the relevant certificate of approval to amend the forest management plan. If the proposal is inconsistent with the objectives set out in the forest management plan, the Corporation will grant such approval once credited the return of all profits earned by the application of this law.
Without prejudice to the penalties for breach of forest management plans outlined in Article 54, in the case of forest management plans have been helped by the subsidies that are covered by this law, offenders must repay the amounts they would have received on account of these subsidies and lose the benefits they had won the contest.
TITLE VIII GENERAL PROVISIONS
Article 57 .- Notwithstanding the provisions of Article 5 of the Act, the Corporation may provide, upon request, short simple authorization in the case of use or a short small number of trees, whose number is fixed in each case, for own consumption or farm improvements, according to the rules established by the regulations, which will to discharge the obligation to submit a plan for forest management.
Article 58 .- Natural persons or legal entities participating in any stage of exploitation of native forests, including transportation covered in the guides to free transit, must certify, at the request of the authority, the primary products native forest in their possession from a short authorized by the Corporation.
Notwithstanding the provisions in paragraph one, to cover the transportation of primary products from isolated native trees, which are not part of a forest and do not require prior authorization for short, the Corporation guides may allow freedom of movement.
The regulations will establish the form and content of free transit guides issued by the Corporation.
Article 59 .- The credit provided under this Act is inconsistent with that given by Decree Law No. 701 of 1974 and its subsequent amendments.
Article 60 .- The short, destruction or grubbing of xerophytic formations require a work plan previously approved by the Corporation, which shall consider the environmental standards set forth in Title III of this law.
Article 61 .- The small forest owners may be arranged to qualify for the benefits contemplated in this law through collective nominations, made directly or through their organizations.
Article 62 .- In all matters not expressly regulated by this law, additionally apply the provisions of Law No. 19,880, which establishes the basis of administrative procedures governing the actions of administrative bodies State.
Article 63 .- replaced, in the second paragraph of Article 35 of Law No. 19,300, on General of the Environment, the phrase "the administering body of the National System of Protected Areas State "by" the National Forest. "
Article 64 .- Traspásanse the National Forestry Corporation or its Executive Director, as appropriate, the powers, functions and powers conferred on forestry Agriculture and Livestock Service or Director, for the rules listed below:
a) Articles 14 and 28 of the Forest Act, which current text is contained in Presidential Decree No. 4363, 1931, the Ministry of Lands and Settlement;
b) Articles 6, 7, 8, °, 9 and 10 of Decree with Force of Law No. 15 of 1968, the Ministry of Agriculture, and
c) The temporary article 3 of Law No. 18,378 and regulations issued pursuant to this Code.
Article 65 .- The following amendments to Decree Law No. 701 of 1974 on Forestry Development: 1 .- Add
, Article 17, second paragraph as follows:
"For public forests, responsibility for compliance with management plans and other obligations under this Act, shall be the licensees or lessees of property tax, or the person or entity authorized to perform civil works in these premises. ".
2 .- Collate, Article 24 bis A), between the word "estate" and the end point (.), The following: "except in the case of public forests, in which case the licensee or lessee answer the respective property tax or the person or entity authorized to perform civil works in those lands. " 3 .-
Incorpórase then article 24 bis B), the following article, again:
"Article 24 bis C) .- The management plans on public forests must be signed by the licensee or lessee of the respective property tax, or the person or entity authorized to perform civil works in those land. Will require further that the management plan is executed by the Regional Ministerial Secretary of the respective National Property, which is sufficient to prove that the forester or applicant has any of the qualities listed above and there is no opposition from the Ministry of National Assets.. "
TRANSITIONAL ARTICLES Article 1 .- As not inconsistent with the provisions of this law and until new regulations are issued, shall remain in force regulations issued on the subject.
Article 2 .- The prohibitions and other regulations of Article 19 of this Law may be applied before classification referred to that provision, for those living plant native to the date of enactment of this Act, are identified as endangered, vulnerable, rare or insufficiently known in the document entitled "Book Red National Forestry Corporation.
case of specimens planted by men belonging to the respective species, this prohibition applies only to plantations has been effected pursuant to compensation or reparation measures.
Article 3 .- In the time elapsing between the passage of this law and the Decree mentioned in the first paragraph of Article 3 of the same, shall, as such, the forest types identified in Article 19 of the Technical Regulations of Decree Law No. 701 of 1974, approved by Supreme Decree No. 259 of 1980, the Ministry of Agriculture .
Article 4 .- Within 90 days from the date of publication of this law in the Official Journal, the Corporation, as provided in Title IV, set the value of the activities to be subsidized the period from the effective date of this act and the date it takes effect the first time referred to the second paragraph of Article 22.
Article 5 .- The regulations of this law shall be passed within one hundred twenty days from the date of its publication in the Official Journal.
The appointment of the members of the Advisory Council shall be made within sixty days following the date indicated in the preceding paragraph.
Article 6 .- The rules of Regulation referred to in Article 17 of this Law shall be issued within two years from the date of publication of this law in the Official Journal.
Article 7 .- As current legislation is not protecting soils and bodies and courses natural water specified in Article 17, the short regeneration through protection method Lenga forest type, the short seedling thinning oak forest type-Raulí-Coihue and regeneration felling evergreen forest type, to be guided as regards the protection of such natural compounds for management standards established by the National Forestry Corporation.
Article 8 .- In cases not covered by the rules mentioned in the previous article and until legislation is in force for the protection of soils, wetlands and bodies of water and natural resources referred to in Article 17, interventions will be subject as provided in subsections below.
felling is prohibited forests located on slopes greater than 60%, more than 30 feet, except in the case of selective logging previously authorized by the Corporation.
Prohibits the operation of native trees and shrubs on the land near streams, bodies and natural water courses, at distances indicated below, measured in horizontal projection in the plane:
a) permanent channel in any area country's average annual flow greater than 0.14 cubic meters per second, 25 meters.
b) non-permanent river beds in arid or semiarid mean annual flow greater than 0.08 cubic meters per second, 15 meters.
In the channels referred to in paragraphs a) and b) whose flows are lower than those reported in the same, there will be an exclusion zone of 5 meters on each side of the channel, in the manner described in the preceding paragraph of this article.
In the case of springs, bodies and natural water courses are not permanently located in other parts of the country, establishing a buffer zone of 5 meters on each side in the areas surrounding them. In the protection zone, short interventions should ensure the maintenance of 60% coverage. The Corporation may
increase to double or halve the distances in the a) and b), the third paragraph of this article, depending on rainfall conditions, the size of the basin, the magnitude of flow and the fragility of soils.
Exceptionally, the Corporation may authorize the cutting of trees or shrubs in these conditions, in the case of the cases reported in the fourth paragraph of Article 7, as well as for the construction of civil works, management of channels and sanitary cuts . Prohibits
cutting, destruction, disposal or impairment of native trees and shrubs located 100 meters from the declared Ramsar wetland sites and those that have been declared priority conservation sites by the National Environment Commission, measured in horizontal projection on the plane.
The management plan must specify both the necessary measures to prevent erosion and mitigate the damage that can lead to soil quality and water quantity and the residual forest, and logging systems, machinery and implements be used, seasonality of fishing operations and waste treatment.
Similarly, determine the technical standards and protection measures to be used in the construction of roads and pathways logging.. "
*** According to what is established in the second paragraph of Article 93 of the Constitution of the Republic, I hereby inform you that the project was fully conducted by the National Congress today, realizing the trade No. 1290-355, by which HE the President of the Republic to this Corporation said it had decided not to use the power under the first paragraph of Article 73 of the Constitution.
*** Under the provisions of No. 1 of the first paragraph of Article 93 of the Constitution of the Republic corresponds to the Hon. Court exercise control of constitutionality with respect to Articles 4, 5, 8, 9, 10, 11, 12, 13, 17, 20, 21, 22, 28, 32, 34, 35, 38, 39, 42 , 45, 46, 47, 48, 50, 51, 52, 53, 58, 59, 60, 61 and 65 permanent, 4, 7 and 8 ° transition of the project.
For purposes that may be required, I would like to inform Your Excellency that:
The Chamber of Deputies, in its first constitutional, adopted articles 39, 42 and 46, usually with the 87-vote gentlemen, from 116 in fiscal year, while in particular, by the affirmative vote of 68 gentlemen, from 116 in fiscal year.
H. Senate, the second constitutional, approved the project in general, the affirmative vote of 28 senators, a total of 48 practitioners. In particular as follows: incorporated new articles 4, 5, 8, 10, 11, 12, 13, 20, 21, 28, 32, 34, 35, 38, 47, 50, 51, 52, 53 , 59, 60, 61 and 65 and 4 permanent transitory significantly altered the Articles 9, 17, 22, 45 and 58, which contained no organic constitutional law matters in the first stage of consideration and amended articles 39, 42 and 46, as attested by a vote of 35 senators, a total of 38 practitioners. Third Step
Constitution, the Chamber of Deputies approved the new articles and amendments proposed by H. Senate to vote for 96 deputies, out of 116 in earnings, except for the addition of new Article 11, and amendments to articles 17 and 22, which discarded.
The Joint Commission to resolve the differences arising during the processing of the project, proposed an alternative wording for articles 11, 17 and 22 and added Articles 7 and 8 ° new transient. The report of this was passed by the House of Representatives for 79 of 118 deputies in the exercise, being penalized in H. Senate by 28 senators, a total 36-in-Office. ***
In accordance with the second paragraph of Article 77 of the Constitution, under Article 16 of Law No. 18,918, Organic Constitutional Congress, the Corporation and the H. Senate sent in consultation with the Hon. Supreme Court project, which issued the opinion. VE Deputy
copies of the responses of the Hon. Supreme Court.
Finally, let me inform you that they are not accompanied by relevant certificates were not raised question of constitutionality. God preserve your Excellency
PATRICK WALKER PRIETO
President Chamber of Deputies
CARLOS LOYOLA OPAZO
Secretary General of the Chamber of Deputies
VALPARAISO, January 3, 2008
A PRESIDENT HE IS. CONSTITUTIONAL COURT
I have the honor to transcribe to you the draft law on recovery of native forests and forestry development, Bulletin No. 669-01.
BILL:
"PRELIMINARY TITLE
Article 1 .- This law aims at the protection, restoration and enhancement of native forests in order to ensure forest sustainability and environmental policy
Article 2 .- For the purposes of this law means:
1) tree: stem usually woody plant, which in its adult and normal habitat can achieve, at least five feet high, or a minor in environmental conditions that limit development.
2) Forest: place populated with vegetation in which trees predominate, occupying an area of \u200b\u200bat least 5,000 square meters, with a minimum width of 40 meters, with tree crown cover exceeding 10% of that area Total and semi-arid conditions and 25% in more favorable circumstances.
3) Native forest: forest composed of native species from natural generation, natural regeneration or planting under a canopy with the same species in the original range, which may have unintended presence of alien species distributed at random.
4) native forest preservation: that, whatever their surface, which currently makes up present or endangered plant species habitat or those legally classified category than "endangered", "vulnerable", "rare" "insufficiently known" or "safe" or environments corresponding to unique or representative of the diversity natural biodiversity of the country, which management can only be done with the objective of safeguarding diversity.
be considered in any case, included in this definition, the forests in the categories of management for preservation that make up the National System of Protected Areas of the State or that the legal regime of preservation, voluntary membership, which established.
5) Native forest conservation and protection: that, whatever their surface, which is located on slopes greater than or equal to 45% on fragile soils, or within two hundred yards from springs, bodies or natural watercourses, for the receipt of such soil and water resources.
6) Forest multiple-use native: the former, whose land and vegetation that do not correspond to the categories of preservation or conservation and protection, and that it mainly to obtain goods and services and non-timber.
7) Channel: watercourse forming a bed of silt, sand or rocks, bounded by defined banks, through which water drains into a temporary or permanent.
8) Corporation, the National Forestry Corporation.
9) Cuts of forest: the act of clearing, removing or capping one or more individuals of tree species forming part of a forest.
10) Short harvest: cut or intervention to remove the native forest, at the end of the rotation or in the cutting cycle, as appropriate, the volume defined in the forest management plan.
11) Cut healthcare: cutting trees at any stage of their development that are affected by pests or likely to be attacked, and whose stability is a threat to the stability of the forest.
12) unauthorized Short: Short made no forest management plan approved by the Corporation, as well, that short, with previously approved management plan, run contrary to the specifications techniques contained therein, especially for interventions in areas or species other than those authorized.
13) native or indigenous species: species of tree or shrub native to the country, which has been officially recognized as such by executive decree issued through the Ministry of Agriculture.
14) xerophytic Training: training plant, consisting of native species, mainly shrubs or succulents, with areas of arid or semiarid conditions located between Regions I and VI, including the Metropolitan and XV and in depressions within regions VII and VIII.
15) Interested: the owner or possessor in the process of clearing the property title, or owner of some of the duties listed in fourth and fifth paragraphs of Article 7.
16) Forest Management, hereinafter called "management" means a set of silvicultural interventions, organized in space and time, pursuing a forest structure that allows a sustained throughput, without adversely affecting productivity, or significant environmental features same, according to technical specifications contained in a forest management plan.
17) Small forest owners: the person who has title to one or more rural lands whose surface together do not exceed 200 hectares or 500 acres if they are located between Regions I and IV, including the fifteenth or 800 acres for properties located in the commune of Lonquimay in Region IX, in the province of Palena , in Region X, or XI and XII Regions, whose assets do not exceed the equivalent of building 3,500 units, that their income comes mainly from agriculture or forestry and working land directly on his property or other property of others. Be understood to include the owners of small farming communities covered by the decree with force of Law No. 5 of 1968, the Ministry of Agriculture, indigenous communities governed by Law No. 19,253, and communities on common property resulting from the agrarian reform process, the companies dry constituted in accordance with Article 1 of Decree Law No. 2,247, 1978 and the societies referred to in Article 6 of Law No. 19,118, provided that, at least 60% of the shares of such companies is held by the original partners or persons having the status of small forest owners, as certified by the Agriculture and Livestock.
only for purposes of the provisions in the third paragraph of Article 22 and the first paragraph of Article 25 shall read that small forest owner holder who meets the requirements of paragraph one and has acquired the status of regular keeper in accordance with the provisions of Decree Law No. 2,695 of 1979. This must be accredited by a copy of the entry of the decision granting a regular possession of the property of the Real Estate as appropriate.
18) Management Plan: instrument, meeting the requirements set forth in this legal, asset management planning and ecological sustainable use of forest resources in a particular field, protecting the water quality and avoiding soil deterioration.
management plan will preservation when you have as a fundamental objective to safeguard the biological diversity, ensuring the maintenance of conditions that enable the evolution and development of species and ecosystems contained in the target area of \u200b\u200baction.
forest management plan will be its objective is the exploitation of native forests to obtain wood and non wood goods, given the multifunctionality of forests and biodiversity.
19) Supplementary Plantation: that planting under tree canopy or side protection is done with native species specific to the site, or the same forest type that have existed before him, and is done as a complement to natural regeneration, to improve the quality of the native forest.
20) Non-timber forest Native: all goods and services that do not correspond to bring wood or timber and that there are or can be developed within a native forest from the native species that compose it. Means for these effects, but are not limited to, items such as fungi, plants for food purposes, wild fruit trees and shrubs of medicinal plants, chemical or drug, wildlife, plant fibers, and services tourism.
21) Natural regeneration of forest Native: process by which a forest is established through planting or regeneration of native tree seeds from the same stand or stands neighbors, which are spread by natural agents such as wind, water, mammals, birds or regrowth spontaneous existing strains.
22) new shoot: youth from state forest natural regeneration, consisting of native tree species, diameter and height for each forest type, does not exceed the limits prescribed by regulation.
23) Environmental services: those provided by native forests and plantations that directly affect the protection and enhancement of environment.
24) Controlled burning: the act of using fire to remove vegetation in a targeted, limited or limited to a predetermined area according to pre-established standards in order to keep the fire under control.
25) Wildfire: any destruction of vegetation through the fire and when it spreads freely and without control on forest called.
26) Forest type: cluster tree characterized by the dominant species in the upper strata of the forest. TITLE I
of forest types
Article 3 .- By decree issued through the Ministry of Agriculture, established forest types belonging to the country's native forests and regeneration methods applicable to them.
The procedure for setting rates and forest regeneration methods considered, at least, the following steps: development of scientific and technical studies to underpin the typology established, methods of feedback and consultation to public and private competition in the field.
Article 4 .- The Corporation shall maintain a permanent forest land register, which should identify and establish, at least cartographically forest types in each region of the country, their status and those areas where ecosystems exist in the presence of special interest forests for conservation or preservation, according to the criteria established in the regulations under this law.
The forest land register should be updated at least every ten years and shall be public information.
Consultative Council referred to Article 33 of this Act deemed the land forest, along with other relevant sources of information as a basis for proposing criteria for targeting, prioritization and allocation of land covered bonuses This law, which may be obtained using the competitions covered by this Code. PART II
MANAGEMENT PLAN
Article 5 .- Any action short of native forest, regardless of the type of land on which it is located, must be pre-approved management plan for the Corporation. Must also comply with the requirements of Decree Law No. 701 of 1974. Approved management plans should be public and available on the website of the Corporation upon request.
Article 6 .- The management plan shall contain an overview of the existing natural resources on the farm. For the area involved will be asked detailed information, as I indicated in the regulations.
Article 7 .- The management plan must be submitted by the applicant and prepared by one of the professionals mentioned in this article. In the case of forest management plan, it must be prepared by a forestry engineer, an agronomist specialized or professional related to forest science attesting also hold a postgraduate or graduate in the life sciences. In the case of a conservation management plan, it must be prepared by a forester, a conservation engineer natural resource, natural resource engineering or related professional certifying that, in addition, be in possession of a postgraduate or graduate in such areas of training.
In any case, the professionals referred to in this Article shall have completed a curriculum of at least ten semester, a race delivered by a state university or recognized by it.
The plan must have the signature of the individual and the practitioner has developed.
When the construction of roads, the exercise of mining concessions or easements, gas, power utility, other products regulated by law, as appropriate, involving short of native forest management plan need be submitted by the respective dealer or owner of the easement, as appropriate, who will be responsible for fulfilling all the obligations contained therein .
In the case of public forests, the management plan shall be signed by the licensee or lessee of the respective property tax, who will be responsible for meeting the obligations contained therein. It will also be signed by the respective Regional Ministerial Secretariat of National Property, which will certify that the applicant has any of those qualities and there is no opposition from the Ministry of National Heritage.
The management plan may include multiple parcels and owners.
Article 8 .- Presented a management plan to the Corporation, it shall approve or reject within ninety days from the date of entry of the request to the appropriate office.
If the Corporation does not act within the prescribed period, it shall be approved by the management plan proposed by the applicant, except for areas that include the situations listed in Article 17 of the Act.
The Corporation may reject a management plan only when it does not meet the requirements of this law.
In the event that the Corporation refuses all or part of the management plan, the applicant may appeal to the judge, according to the procedure laid down in Article 5 of Decree Law No. 701 of 1974. In this case, the final decision shall be final.
approved a management plan, the applicant must give notice to the Corporation when you start the execution of tasks and completed one year of start of its implementation, must certify annually to the Corporation, the degree of progress of it, when that happens , through a report prepared by the applicant.
Article 9 .- The Corporation shall maintain a record or information system, funded by provinces, both public, on record approved management plans, and certify its existence on a particular site on request.
Article 10 .- If, subsequent to the approval of the management plan is established that it was based upon false information, the Corporation may terminate, according to general rules, the administrative actions have been based on them, without prejudice to pursue civil or criminal liability arising therefrom. In
same shall apply when inaccurate and previous history, in terms that have substantially influenced the approval of the respective management plan.
The applicant may protest the decision to invalidate administrative acts as authorized in the preceding paragraphs, in accordance with the provisions of Article 5 of Decree Law No. 701 of 1974, but this claim suspend compliance with the resolution by Corporation.
Article 11 .- The Corporation may develop rules of general management and management plans, types which may benefit the owners. In this case, it will be fulfilled the obligation to submit a forest management plan establishing in this law, applying the general procedures that apply to them in the manner prescribed by the regulations. The Corporation shall encourage and facilitate the use of such general rules and management plans by type of small forest owners.
case of the requirements of Articles 7 and 19 of this Law may not replace the requirement to have the Forest Management Plan.
Article 12 .- The approved management plans may be amended during its term, upon submission and approval of a technical study prepared by one of the professionals listed in Article 7 of this law. The Corporation shall decide on modifications within 60 working days.
The change does not alter the management objective identified in the original plan, unless the proposed new system is likely to get from the state in which the forest is at the time of the proposition.
Govern for the changes, the same general rules established for the management plans, including rules on administrative silence referred to Article 8 of this law.
Delaying logging activities contained in the management plan and do not involve a deterioration of the forest will not be considered as an amendment to it, and only require prior notice to the Corporation, as determined by the regulations.
However, this change will not enable to increase the profits made by the competitions covered by Title IV of the Act.
Article 13 .- The management plan is approved, the applicant or the premises who subsequently acquires any title, is subject to compliance and other obligations under this law. For these purposes, shall be recorded outside the respective domain registration, the site concerned has an approved management plan. This entry will be free and comply with the single communication from the Corporation to the Real Estate as appropriate.
The Applicants may withdraw the approved management plan prior repayment in fiscal revenue of the sums that are no longer payable under tax breaks and subsidies granted by this Act, plus adjustments and statutory interest determined by Internal Revenue Service in accordance with the rules of the Tax Code, as appropriate.
withdrawal shall not be authorized when there are pending activities regeneration or reforestation. Tested
refund, the Corporation shall issue a resolution approving the withdrawal, which shall be recorded in registration referred to in Article 9, and report on the Real Estate, who shall note in the margins of the respective domain registration an extract of the resolution approving the withdrawal.
Article 14 .- The regeneration or reforestation commitments set out in management plans approved by the Corporation, or the compensation or reparation measures established by court order, shall be completed as verified in field survival was less than 75% of the number of individuals engaged in the respective management plans. This survival must be determined not by those individuals meet two years of life, from planting or natural regeneration.
TITLE III OF ENVIRONMENTAL PROTECTION RULES
Article 15 .- Cutting of forests should be done according to rules laid down in this Title, without prejudice to those established in Law No. 19,300, with objectives of protecting water quality, prevent soil degradation and biodiversity conservation.
Article 16 .- The forest management plan provided for in Article 5 will require further cuts for all native forest conservation and protection of a technical justification based methods short to be used, as well as the measures to be adopted with the objectives of protecting the soil, the quality and quantity of the flow of streams and conservation of biodiversity and measures to prevent and combat forest fires. Similarly, the management plan must respect the biological corridors that the Ministry of Agriculture has officially defined. Article 17 .- Prohibits
cutting, destruction, disposal or impairment of native trees and shrubs at a distance of 500 meters from the glaciers, measured in horizontal projection on the plane.
Regulation will regulate the protection of soils, bodies and natural water courses, having, at least, the following key criteria: the slope, rainfall, the fragility and erodibility of soils, the saturation level of the same and the flotation of logging equipment. For the protection of natural water courses will further consider the size of the basin, flow and timing.
Likewise, the Regulations shall determine the rules for the protection of wetlands conservation priority sites declared by the National Environment Commission, or Ramsar sites, should consider the criteria outlined in the preceding paragraph as well as protection requirements of the species that inhabit.
that legislation should also respond to regional specificities.
In developing those regulations shall apply in point b) of the fifth paragraph of Article 33 of this law.
Article 18 .- The rules mentioned in Articles 15, 16 and 17 of this title shall apply also to plantations benefiting from the provisions of paragraph two of Article 13 of Decree Law No. 701 of 1974. Article 19 .-
Prohibits cutting, removal, destruction or grubbing of individuals of native plant species classified in accordance with Article 37 of Law No. 19,300 and its regulation in the categories of "endangered", "vulnerable", "rare", "insufficiently known" or "clear", which are part of a native forest, as well as the alteration of their habitat. This prohibition does not affect individuals of those species planted by man, unless such plantations has been effected in compliance with compensation measures, repair or mitigation mandated by a resolution of environmental qualification or other competent authority.
may exceptionally be intercepted or altered the habitat of the individuals of these species, prior authorization Corporation, the award by a reasoned decision, provided that such interventions do not threaten the continuity of the species to the basin level or, exceptionally, elsewhere, they are necessary and aimed at carrying out scientific research medical purposes or are intended for execution of works or the development of the activities identified in the fourth paragraph of Article 7, provided that such works or activities are of national interest.
To authorize assistance referred to in the preceding paragraph, the Corporation shall request reports from experts on whether the intervention affects the continuity of the species and on measures to be taken to ensure their continuity.
To carry out the intervention, the applicant shall prepare a conservation management plan that considers, among other things, measures to bring the resolution referred founded the second paragraph above.
To qualify for the national interest, the Corporation may request any reports it deems necessary to other entities.
Article 20 .- The regulations shall determine the manner and conditions under which the Corporation shall authorize exceptional interventions referred to Articles 7, 17 and 19 of this law.
Article 21 .- When the short native forest is made with the change of rural land use established in the General Law on Urban Planning and Construction, construction works or the development of the activities in the fourth paragraph of Article 7 hereof, the applicant must submit a management plan containing the goals of the short, the definition of the layout of the work, the description of the area to intervene, the description of vegetation to remove, short programs, for mapping and reforestation programs , which must be conducted in the same forest type species involved.
PART IV CONSERVATION FUND
, RECOVERY SUSTAINABLE FOREST AND NATIVE
Article 22 .- There will be a contestable fund aimed at the conservation, restoration and sustainable management of native forests, hereinafter "the Fund", through which a bonus will be awarded to contribute to solving the cost of the activities under each of the following literals:
a) Activities that promote the regeneration, recovery or protection of xerophytic formations of high ecological value and preservation of native forests in order to achieve the maintenance of diversity biological, except those belonging to the National Wilderness Protected State. This bonus will reach up to 5 monthly tax units per hectare;
b) Silvicultural activities aimed at obtaining non-wood products. This bonus will reach up to 5 monthly tax units per hectare and
c) silvicultural activities designed to manage and restore native forests for timber production purposes. This bonus will reach up to 10 monthly tax units per hectare.
The maximum amount to reclaim, by literal, will be shown in each of them, and to reclaim the maximum amount of activity will be set on a table set by the maximum value of hardenable activities, expressed in monthly tax units, according to forest type, state of forest development and regions, as appropriate. This table is fixed by a decree issued through the Ministry of Agriculture, the report of the Corporation, which also must be signed by the Minister of Finance. This decree was issued during the month of August each year and will apply for the following season. If the Ministry of Agriculture does not set those values \u200b\u200bat the time indicated, shall, for purposes of calculation and payment of the bonus, the values \u200b\u200bcontained in the latest published value table.
In the case of small forest owners, the amount of the subsidies listed in subparagraphs of the first paragraph of this Article shall be increased by up to 15%, as provided in the rules of the Fund.
Applicants must submit their draft management plans in accordance with the regulations and bases. Stakeholders whose projects have been selected in competitions must submit the relevant management plan to the Corporation.
Article 23 .- The reduction can also developing forest management plans designed at the discretion of management, whose projects have been selected in competitions referred to the following article. The amount of this incentive will be up 0.3 tax units per hectare subject to be subsidized activities in subparagraph c) of Article 22. This incentive will be paid after credits the implementation of these activities. However, the applicant can not receive more than 700 tax units for this item, or to be benefited more than once.
Article 24 .- The Fund's resources will be allocated by open competition. To apply, interested parties must submit an application for bonus, accompanied by a draft management plan, which should detail the activity or activities to be accomplished and identify the area to intervene. An applicant may participate in new contests, in order to obtain a bonus, for the same surface, for forestry activities defined in the rules and correspond to the same literal, provided that the amount of the rebate to which posits, together with that of those obtained in other contests, not exceed the maximum amount subsidized by hectare indicated in subparagraphs of Article 22.
contest will not be accepted bonus applications in various activities including activities literal or reclaimed in previous contests for the same surface.
Article 25 .- The Fund's resources will be allocated through two contests, one of which must be used exclusively to small forest owners, as defined in Article 2 hereof.
The Budget Act each year, determine the amount of resources to be allocated to the Fund. The percentage of the Fund shall be allocated to each competition will be determined each year by decree of the Ministry of Agriculture, which must be signed by the Minister of Finance. In any case, the percentage allocated to each contest can not be less than 25%.
This decree shall be published during the month of January each year and will apply from 1 February of that year and January 31 next year. If the January 31 of each year has not determined the percentage allocated to each fund, governed for all legal purposes the decree is in effect last year.
Article 26 .- The rules of the Fund shall be subsidized activities that comprise each of the literals mentioned in the first paragraph of Article 22, the frequency of competitions and the requirements for developing the bases.
The regulations shall, in addition, criteria for prioritization of land, targeting and allocation of the subsidies contained in this law. These criteria should include, inter alia, the following variables: size of property considering the other properties of agroforestry character belonging to the person concerned, and amount requested be subsidized, part of the financing by the person concerned, and in the case of subsidized activities referred to in paragraph a) of paragraph one of Article 22, the contribution the conservation of ecological diversity of the country.
Article 27 .- The Ministry of Agriculture defines the criteria for prioritization of land, targeting and allocation of the subsidies contained in this Act, and the criteria of technical and environmental assessment, after consulting the Advisory Council of Forest according to the provisions of Article 33.
Article 28 .- The fund regulation should address the mechanisms to achieve equal participation in the competitions of the Fund, shall establish a simplified application for small forest owners.
bases contests must contain the criteria for technical and environmental assessment and will promote those projects whose purpose is the recovery, improvement and preservation of native forests, as appropriate, or the recovery and preservation of xerophytic formations; In both cases, when they present a clear social benefit and urgency.
Article 29 .- You can only receive bonuses awarded, subject to proof of the execution of the activities involved in the management plan approved.
Bonuses are paid on production of relevant reports, which must be approved by the Corporation.
These reports should be prepared by one of the professionals referred to the first paragraph of Article 7 hereof.
If you have not been carried out all activities involved, only pay the bonus amount for the work actually carried out, provided they do not constitute a breach of the management plan, according to as stated in this law.
Article 30 .- If during a contest requirieren resources projects submitted less than the amount asked for the competition concerned, they may be allocated directly provided such projects meet the criteria defined in the regulations and bases, unless reasonable grounds, the contest is declared wilderness.
Notwithstanding the preceding paragraph, once awarded the project the remainder of the funding allocated to one of the competitions will be assigned to another.
bases and the results of the competitions will have a public character.
Article 31 .- The Fund is managed by the Ministry of Agriculture, from its own resources. However, this Secretary of State may delegate all or part of the administration of the competitions in the National Forest.
Every three years, at least, there will be a public assessment of the Fund, considering both its administration and its territorial allocation and results achieved.
Article 32 .- The President, by executive decree issued through the Ministry of Agriculture, which also must be signed by the Minister of Finance, establish procedures for the fund, to which request the opinion Consultative Council referred to Article 33 of this law.
Article 33 .- Create the Forest Advisory Board, which will be chaired by the Minister of Agriculture and integrated addition, the following people representing the area they come from:
a) Two academics, one of the which must represent schools or faculties of forestry and the other schools or faculties of biology that have experience in the conservation and sustainable use of native forests;
b) Two persons nominated by non-governmental non-profit His experience in the conservation and sustainable use native forest;
c) Two persons nominated by organizations of medium and large landowners with native forests;
d) Two persons nominated by organizations of small landowners with native forests;
e) The President of the College of Foresters of Chile AG, or the person authorized on his behalf;
f) A person nominated by the owners of protected areas on private property;
g) The President of the Botanical Society of Chile, or the person designated on your behalf;
h) The Executive Director of the National Environment Commission;
i) The Executive Director of the Forestry Institute and
j) The Executive Director of the National Forestry Corporation, who will act as Executive Secretary.
The appointment of the Advisory Council members referred to in subparagraphs b), c), d) f) of this section shall be determined on the basis of shortlists concerned entities sent to the Minister of Agriculture, within to bring the call issued for the purpose; period of not less than 30 days. This meeting will be widely disseminated and published, in any case, the ministry's website.
Directors shall be appointed by the Minister of Agriculture and will last 3 years in office. In any case, the directors receive no compensation or any diet for their participation in the Council.
In case of absence or disability of the Minister, be replaced by Assistant Secretary of Agriculture.
is for the Advisory Council:
a) answer inquiries put by the Minister of Agriculture on matters covered by this Act;
b) Make decisions in advance about the draft regulations, as amended, to provide input on implementation of this Act and propose legislative and regulatory policy adjustments may be necessary;
c) Comment policies drawn up by the Ministry of Agriculture for the use of research resources listed in Title VI of this Act and proposed projects financed from these resources, and
d) To propose to the Minister of Agriculture criteria for prioritization of land, targeting and allocation of the subsidies contained in this Act as well as technical evaluation criteria and environmental.
The rules of this law shall establish rules of operation of the Advisory Council.
Article 34 .- The beneficiary of the subsidies referred to in Article 22 may be transferred by public or private instrument, signed before a notary public. These bonuses can be collected and paid to persons other than the subject, always accompanying document evidencing the transfer.
The Corporation may issue, upon request, a certificate of future bonus for those who do qualify for it, which may be established by endorsement as collateral for credit facilities to finance liaison activities to the bonus. This future bonus may also be transferred through the same certificate by endorsement, signed before a notary.
Article 35 .- The benefit referred to in Article 22 received or accrued, shall be considered as deferred income in current liabilities and shall not constitute income for any legal effect until the cut is made harvest or sale of forest resulting in the bonus, at which will be amortized, paying the operating costs and as the extent to which it or the sale of forest are made.
For the purposes set forth in the preceding paragraph, shall apply to annual bonuses payable or received, considered as deferred revenue in current liabilities, monetary correction rules set forth in Tax Law Income, readjusted in the same way that the costs incurred in the management of native forests included in the asset.
earnings resulting from the exploitation of native forests obtained by natural or legal persons will be affected to general of the Law on Income Tax.
However, those who exploit forests which are not qualifying for the benefits established by Legislative Decree No. 701 of 1974, and in this Act, shall declare the actual or presumed income for the purposes of the Act Income Tax in accordance with the provisions of Article 20, number 1, letter b) of the Act, with the exception of sales cap annual net which, in respect of forest products from the forest, will be 24,000 units per month considering the sales tax on a cumulative basis in a rolling three-year period.
People who, being under the presumptive income scheme for its agricultural activities in accordance with the Law on Income Tax, availing themselves of the benefits of this law, shall be taxed on the basis of actual income as of 1 January of the marketing year following that in which sales exceed the limit prescribed in the preceding paragraph. In any case, also be other rules in Article 20, number 1, letter b) of the Act Income tax when the taxpayer carries on other farms or meet other requirements, according to the legal requirement to make mandatory the tax return based on actual income.
Small forest owners will be affected in any case, the imputed income system laid down in Article 20 of the Law on Income Tax, and not subject to tax provisions contained in the first and second paragraphs of this article .
tax for all purposes related to this law, and without prejudice to the responsibilities and obligations of individuals, the Corporation shall make, in cases appropriate, relevant communications to the IRS.
native forests in this Law shall be exempt from land tax levied on agricultural land and should not be considered for the purposes of Inheritance Tax Law, Allocations and Grants. To make this exemption the owners of these forests must request the corresponding declaration of native forest, based on a technical study prepared by one of the professionals referred to the first paragraph of Article 7 of this law, according to the rules established by the regulations. The Corporation shall determine the application within within 60 days of its submission. If it does not act within the time specified, the request is deemed approved.
Internal Revenue Service, with the only merit of the certificate granted by the Corporation, order the immediate tax exemption mentioned in this article, which shall commence from the date of the relevant certificate, unless the exemption territorial governing effective 1 January of the year following certification.
Internal Revenue Service is authorized to divide the respective appraisal role, if appropriate and necessary for the Tax.
Article 36 .- The Finance Act contemplate resources to pay the bonuses to which this law. Payment thereof shall be made by the General Treasury of the Republic. TITLE V
of borrowers FOREST
Article 37 .- Without prejudice to the powers of certification and oversight that apply to the Corporation, there will be forest accreditation natural or legal persons who cooperate with it in the exercise of those tasks.
Article 38 .- Only carry on the business of professional forestry accreditation referred to in Article 7 of this law, are entered in the register of accredited forest for this purpose by the Corporation, which shall be considered public. The Corporation shall publish the register referred to in its website.
case of legal entities, they must consider in their statutes the rotation forestry accreditation. In addition, personnel allocated to these entities carrying out the forest certification activities must have the same professional quality as those indicated in the preceding paragraph.
forest Accreditors be empowered to certify:
a) That the information contained in management plans correspond to reality, and
b) The successful implementation of the activities involved in the management plan for the bonuses referred to in subparagraphs of Article 22 of this Law and Article 12 of Decree Law No. 701, 1974.
On the basis of the certificates referred to in letter a) of the preceding paragraph, the Corporation will assess the management plans, to ensure that they meet the objectives outlined at No. 18) of article 2 of this law.
With the certification referred to in point b) of the third paragraph of this Article, the Corporation may authorize the payment of subsidies which they relate, informing the Treasury Service, to proceed to pay the same.
Article 39 .- The regulations establish requirements for registration, content and operation of the register referred to in the preceding article, as well as other rules governing the activities of forestry accreditation. Also seek to ensure the availability of these remote communities in the country.
Article 40 .- The creditor that certificare a false fact or no punishment shall be punished under Article 193 of the Penal Code.
If the creditor has a legal personality, is punishable in the manner indicated in the previous paragraph who have provided bogus information that formed the basis for issuing the fake certificate and those who had consented to or acted in concert in the issuance of the license.
For this purpose only, it is understood that the certificates issued by the creditors are public instruments.
Since the formalization of the investigation, the creditor will be suspended from the respective record, if convicted, shall be disqualified in perpetuity to carry on the business of forestry accreditation. To this end, the trial judge shall notify the Corporation such decisions, so that appropriate to note in Forest Accreditors registration suspension or disqualification for life, as appropriate.
If the fact mentioned in paragraph one, we had participation any of the partners, general managers or administrators of certification authorities, they will be punished with the permanent cancellation of your Registration of accredited Forest referred to this law . Not entered in the Register new certification bodies that appear as partners who have been, in turn, of entities which are disenrolled been provided where it has been established in the respective procedure that such people had participation the fact that prompted the sanctions. This decision may be challenged in the manner prescribed in the second, third and fourth the following article.
Article 41 .- The violation or infringement of any other rule governing the activity of forest accreditation, shall be punished according to the seriousness of the offense, with one or more of the following administrative measures:
a) suspended for six months
b) suspension of their registration for up to two years and
c) cancellation for 5 years from registration in the registers, in case of relapse more than twice.
administrative measures will be implemented by decision of the Regional Director concerned, will always claim that, having submitted the application to the corresponding Regional Director to the Executive Director of the Corporation, within ten working days from notification, who must resolve brief summary setting forth the reasons for its decision.
The decision acquitting or apply a measure shall notify the affected home, or your agent, if any, by registered letter.
the order of the Executive Director to implement an administrative measure, it may appeal the individual judge in civil court of the territory they had searched his home the claimant, subject in all other respects with the provisions of Article 5 of Decree Law No. 701 of 1974.
TITLE VI OF RESOURCES FOR NATIVE FOREST RESEARCH
Article 42 .- The Finance Act contemplate an annual research fund for the native forest, whose purpose is to promote and increase knowledge in matters related to native forest ecosystems, their management, preservation, protection, enhancement and recovery, without prejudice to the private contributions to complement it.
The resources allocated by this procedure will be provided by public competition.
Article 43 .- These resources will be devoted specifically to encourage and support:
a) scientific and technological research related to the native forest and biodiversity protection;
b) research and technological development projects tending to the protection of soil, water, flora and fauna and ecosystems related to the forest;
c) the creation and establishment of training programs, education and technology transfer in rural areas, dedicated to teaching and improvement of rural people and communities whose livelihood is the native forests
d) evaluation of the effects of interventions in the native forest, according to this law, and
e) the development of complementary initiatives those intended to allow provide background, information dissemination, knowledge and resources aimed at meeting the objective of this law.
Article 44 .- The policies and guidelines for the use of research resources will be defined by the Ministry of Agriculture, at the suggestion of the Advisory Board referred to in Article 33. A regulation will regulate the details of the administration and destination of these funds, and the mechanisms for evaluating projects and programs being used.
TITLE VII OF THE PROCEDURE AND PENALTIES
Article 45 .- It shall apply sanctions and penalties set forth in this Act as a local police judge is a lawyer with expertise in the parish in which the offense was committed, you know in the first instance they make any claims that officials of the Corporation or of Carabineros de Chile.
However, those offenses which imported the application of fines of more than 5,000 units monthly tax and those that were committed within a municipality that has no police magistrate be local lawyer, will be resolved in the first instance by the local police magistrate seat in the provincial capital city.
courts referred to in the preceding paragraphs have jurisdiction over complaints that they make any in accordance with the provisions and procedures set out in Law No. 18,287, except as provided in Articles 19, 20 and 21 of the Act.
The Corporation is authorized to apply to the local police courts applying the constraints set out in the first paragraph of Article 23 of Law No. 18,287 and to perform executive actions referred to in paragraph two of this article, aimed to enforce payment of fines and penalties apply to violations set forth in this law. He shall also be entitled to collect and process the personal costs of the proceedings in which intervention, to the payment of which offenders are convicted.
crimes referred to in Articles 40, 49 and 50 of this law will be aware of the Judges of warranty or Oral Trial Courts, as appropriate, with jurisdiction over the territory in which the offense was committed.
Article 46 .- An infringement of the provisions of this Act or the regulations, officials of the Corporation shall compile a report which shall contain the facts constituting of the violation, indicating the date, place, date and time of the taking Inspect, the fact of being present or not the alleged offender or his legal representative and the individualization of it, home, if possible, and contravened laws.
With the merit of the act referred to in paragraph one, the respective Regional Director of the Corporation shall make the corresponding complaint with the court or the Attorney General, as appropriate, with a copy of the minutes.
Being a first offense and if they appeared favorable background, the court may reduce the penalty applicable to by 50%. He may acquit the offender in case of excusable ignorance or good faith tested.
Checks may be made by aerial photography or remote sensing, without prejudice to other evidence.
Article 47 .- The officers appointed by the Corporation for the control of this law and the police have the status of minister of faith in all actions to be carried out to fulfill this task.
Corporation officials can only enter the premises or storage facilities for the purpose of monitoring compliance with the law, prior approval of management responsible for them.
In case of refusal to authorize the entry, the Corporation may request the competent court the assistance of the police force, which, by resolution and merit of the information provided by the Corporation, may be granted immediately, unless resolved to hear the affected party, in which case it must appear within 48 hours from notification.
For the purposes indicated in the preceding paragraph shall be considered as competent local police judge stated in Article 45 above.
Article 48 .- The actions to prosecute violations of this law do not constitute prescribe a crime within five years and those that constitute criminal offenses shall prescribe in the manner and terms set forth in the Penal Code.
The limitation period shall run from which the offense was committed, except for those permanent, which will have ceased since the breach.
Any further infringement on the same site interrupted the requirements which are in progress.
Article 49 .- Any person who submitted or I will have a management plan based on false certificates or absent proof of a fact, knowing the circumstances, shall be punished with imprisonment within the maximum degree to prison mayor in its minimum degree.
If a person who has submitted the plan based on the certificates referred to in the preceding paragraph, he received a bonus of granting this law will be condemned also to pay a fine up to three times the amount of perceived bonus, which will be adjusted according to changes you've experienced the Consumer Price Index between the date of collection of the subsidy and the actual payment of the fine. Established
the falsity of a certificate based on false information or no, the Corporation shall render acts of an administrative nature which may have been based on it.
Article 50 .- Any person who, in order to benefit from subsidies provided in this Act, has submitted knowingly a management plan based on false information, other than those specified in Article 49, shall be punished with imprisonment minor in any degree. If he received a bonus, shall be punished as well, with fine, which is equivalent to twice the amount of subsidy received, adjusted by the change you've experienced the Consumer Price Index between the date of collection of the bonus and the actual payment of the fine. Established
the falsity of a certificate based on false information or no, the Corporation shall render administrative acts which may have been based on it.
Article 51 .- Any unauthorized cutting of forests will be incurred to the property owner, or who run in a fine equal to twice the market value of the products cut or operated with a minimum of 5 units per acre monthly tax . When products are found in the possession of the offender, will fall well be confiscated and will be sold by the Corporation. If products from unauthorized logging has been set aside in whole or in part of the property, the offender shall be punished with the fine specified above, increased by 200%.
Article 52 .- The short, removal, destruction or grubbing, or other form of killing individuals of species listed as endangered, vulnerable, rare, insufficiently known or out of danger, which does not correspond to operations authorized under Article 19 of this Act, shall be fined 5 to 50 monthly tax units per copy, if it does not have commercial value, otherwise, the fine shall be double the market value of each issue targeted by the intervention.
If the products of the infringement are held by the offender, be confiscated and will fall sold by the Corporation. If these products may have been removed in whole or in part of the site or distribution center, the appropriate penalty the offender shall be increased by 200%.
For samples without commercial value, the trial judge to impose the sanction specified in paragraph one, should take into consideration the number of copies seized, the scientific value of the data and the classification of the species for which request a report thereon to the Corporation.
Article 53 .- The unauthorized cutting of native forest in violation as stated in Articles 17 and 7 ° 8 ° transition of this Act, shall render the offender on the fine referred to in Article 52 increased by 100%.
Article 54 .- Establishes the following penalties for offenses listed below:
a) breach of security activities, a fine of 5 to 15 units per hectare monthly tax defaulted, according to the requirements contained in management plan;
b) failure to reforest the obligation referred to in the management plans, with a fine of 10 to 15 monthly tax units per hectare, meaning whenever a serious offense for purposes of applying the sanction
c) breach of any other obligation under the forest management plan, other than those mentioned in the preceding letter, with a fine of 2 to 5 units per hectare monthly tax unfulfilled unless it is established force majeure ;
d) not to accredit the request of the competent authority, that timber found in his possession from a short authorized by the Corporation referred to in Article 58, to a fine of up to 3 monthly tax units;
e) the cutting, destruction or grubbing of xerophytic formations without a work plan previously approved by the Corporation and the breach of the obligations in the plan, with a fine of 2 to 5 units per hectare defaulted monthly tax depending on their severity. Those were considered serious misconduct relating to breaches of the rules of environmental protection, and
f) breach of the obligations contained in the conservation management plan shall be punished by a fine whose amount is double the cost of the action breached .
Article 55 .- The payment of fines imposed for violations of provisions of this Act shall not exempt the offender's compliance with relevant obligations.
Article 56 .- The native forest, for which he had paid some of the bonuses of this Law may not be short crop in a different time limit set out in the forest management plan.
For advance or delay harvest short, the applicant must have prior to the relevant certificate of approval to amend the forest management plan. If the proposal is inconsistent with the objectives set out in the forest management plan, the Corporation will grant such approval once credited the return of all profits earned by the application of this law.
Without prejudice to the penalties for breach of forest management plans outlined in Article 54, in the case of forest management plans have been helped by the subsidies that are covered by this law, offenders must repay the amounts they would have received on account of these subsidies and lose the benefits they had won the contest.
TITLE VIII GENERAL PROVISIONS
Article 57 .- Notwithstanding the provisions of Article 5 of the Act, the Corporation may provide, upon request, short simple authorization in the case of use or a short small number of trees, whose number is fixed in each case, for own consumption or farm improvements, according to the rules established by the regulations, which will to discharge the obligation to submit a plan for forest management.
Article 58 .- Natural persons or legal entities participating in any stage of exploitation of native forests, including transportation covered in the guides to free transit, must certify, at the request of the authority, the primary products native forest in their possession from a short authorized by the Corporation.
Notwithstanding the provisions in paragraph one, to cover the transportation of primary products from isolated native trees, which are not part of a forest and do not require prior authorization for short, the Corporation guides may allow freedom of movement.
The regulations will establish the form and content of free transit guides issued by the Corporation.
Article 59 .- The credit provided under this Act is inconsistent with that given by Decree Law No. 701 of 1974 and its subsequent amendments.
Article 60 .- The short, destruction or grubbing of xerophytic formations require a work plan previously approved by the Corporation, which shall consider the environmental standards set forth in Title III of this law.
Article 61 .- The small forest owners may be arranged to qualify for the benefits contemplated in this law through collective nominations, made directly or through their organizations.
Article 62 .- In all matters not expressly regulated by this law, additionally apply the provisions of Law No. 19,880, which establishes the basis of administrative procedures governing the actions of administrative bodies State.
Article 63 .- replaced, in the second paragraph of Article 35 of Law No. 19,300, on General of the Environment, the phrase "the administering body of the National System of Protected Areas State "by" the National Forest. "
Article 64 .- Traspásanse the National Forestry Corporation or its Executive Director, as appropriate, the powers, functions and powers conferred on forestry Agriculture and Livestock Service or Director, for the rules listed below:
a) Articles 14 and 28 of the Forest Act, which current text is contained in Presidential Decree No. 4363, 1931, the Ministry of Lands and Settlement;
b) Articles 6, 7, 8, °, 9 and 10 of Decree with Force of Law No. 15 of 1968, the Ministry of Agriculture, and
c) The temporary article 3 of Law No. 18,378 and regulations issued pursuant to this Code.
Article 65 .- The following amendments to Decree Law No. 701 of 1974 on Forestry Development: 1 .- Add
, Article 17, second paragraph as follows:
"For public forests, responsibility for compliance with management plans and other obligations under this Act, shall be the licensees or lessees of property tax, or the person or entity authorized to perform civil works in these premises. ".
2 .- Collate, Article 24 bis A), between the word "estate" and the end point (.), The following: "except in the case of public forests, in which case the licensee or lessee answer the respective property tax or the person or entity authorized to perform civil works in those lands. " 3 .-
Incorpórase then article 24 bis B), the following article, again:
"Article 24 bis C) .- The management plans on public forests must be signed by the licensee or lessee of the respective property tax, or the person or entity authorized to perform civil works in those land. Will require further that the management plan is executed by the Regional Ministerial Secretary of the respective National Property, which is sufficient to prove that the forester or applicant has any of the qualities listed above and there is no opposition from the Ministry of National Assets.. "
TRANSITIONAL ARTICLES Article 1 .- As not inconsistent with the provisions of this law and until new regulations are issued, shall remain in force regulations issued on the subject.
Article 2 .- The prohibitions and other regulations of Article 19 of this Law may be applied before classification referred to that provision, for those living plant native to the date of enactment of this Act, are identified as endangered, vulnerable, rare or insufficiently known in the document entitled "Book Red National Forestry Corporation.
case of specimens planted by men belonging to the respective species, this prohibition applies only to plantations has been effected pursuant to compensation or reparation measures.
Article 3 .- In the time elapsing between the passage of this law and the Decree mentioned in the first paragraph of Article 3 of the same, shall, as such, the forest types identified in Article 19 of the Technical Regulations of Decree Law No. 701 of 1974, approved by Supreme Decree No. 259 of 1980, the Ministry of Agriculture .
Article 4 .- Within 90 days from the date of publication of this law in the Official Journal, the Corporation, as provided in Title IV, set the value of the activities to be subsidized the period from the effective date of this act and the date it takes effect the first time referred to the second paragraph of Article 22.
Article 5 .- The regulations of this law shall be passed within one hundred twenty days from the date of its publication in the Official Journal.
The appointment of the members of the Advisory Council shall be made within sixty days following the date indicated in the preceding paragraph.
Article 6 .- The rules of Regulation referred to in Article 17 of this Law shall be issued within two years from the date of publication of this law in the Official Journal.
Article 7 .- As current legislation is not protecting soils and bodies and courses natural water specified in Article 17, the short regeneration through protection method Lenga forest type, the short seedling thinning oak forest type-Raulí-Coihue and regeneration felling evergreen forest type, to be guided as regards the protection of such natural compounds for management standards established by the National Forestry Corporation.
Article 8 .- In cases not covered by the rules mentioned in the previous article and until legislation is in force for the protection of soils, wetlands and bodies of water and natural resources referred to in Article 17, interventions will be subject as provided in subsections below.
felling is prohibited forests located on slopes greater than 60%, more than 30 feet, except in the case of selective logging previously authorized by the Corporation.
Prohibits the operation of native trees and shrubs on the land near streams, bodies and natural water courses, at distances indicated below, measured in horizontal projection in the plane:
a) permanent channel in any area country's average annual flow greater than 0.14 cubic meters per second, 25 meters.
b) non-permanent river beds in arid or semiarid mean annual flow greater than 0.08 cubic meters per second, 15 meters.
In the channels referred to in paragraphs a) and b) whose flows are lower than those reported in the same, there will be an exclusion zone of 5 meters on each side of the channel, in the manner described in the preceding paragraph of this article.
In the case of springs, bodies and natural water courses are not permanently located in other parts of the country, establishing a buffer zone of 5 meters on each side in the areas surrounding them. In the protection zone, short interventions should ensure the maintenance of 60% coverage. The Corporation may
increase to double or halve the distances in the a) and b), the third paragraph of this article, depending on rainfall conditions, the size of the basin, the magnitude of flow and the fragility of soils.
Exceptionally, the Corporation may authorize the cutting of trees or shrubs in these conditions, in the case of the cases reported in the fourth paragraph of Article 7, as well as for the construction of civil works, management of channels and sanitary cuts . Prohibits
cutting, destruction, disposal or impairment of native trees and shrubs located 100 meters from the declared Ramsar wetland sites and those that have been declared priority conservation sites by the National Environment Commission, measured in horizontal projection on the plane.
The management plan must specify both the necessary measures to prevent erosion and mitigate the damage that can lead to soil quality and water quantity and the residual forest, and logging systems, machinery and implements be used, seasonality of fishing operations and waste treatment.
Similarly, determine the technical standards and protection measures to be used in the construction of roads and pathways logging.. "
*** According to what is established in the second paragraph of Article 93 of the Constitution of the Republic, I hereby inform you that the project was fully conducted by the National Congress today, realizing the trade No. 1290-355, by which HE the President of the Republic to this Corporation said it had decided not to use the power under the first paragraph of Article 73 of the Constitution.
*** Under the provisions of No. 1 of the first paragraph of Article 93 of the Constitution of the Republic corresponds to the Hon. Court exercise control of constitutionality with respect to Articles 4, 5, 8, 9, 10, 11, 12, 13, 17, 20, 21, 22, 28, 32, 34, 35, 38, 39, 42 , 45, 46, 47, 48, 50, 51, 52, 53, 58, 59, 60, 61 and 65 permanent, 4, 7 and 8 ° transition of the project.
For purposes that may be required, I would like to inform Your Excellency that:
The Chamber of Deputies, in its first constitutional, adopted articles 39, 42 and 46, usually with the 87-vote gentlemen, from 116 in fiscal year, while in particular, by the affirmative vote of 68 gentlemen, from 116 in fiscal year.
H. Senate, the second constitutional, approved the project in general, the affirmative vote of 28 senators, a total of 48 practitioners. In particular as follows: incorporated new articles 4, 5, 8, 10, 11, 12, 13, 20, 21, 28, 32, 34, 35, 38, 47, 50, 51, 52, 53 , 59, 60, 61 and 65 and 4 permanent transitory significantly altered the Articles 9, 17, 22, 45 and 58, which contained no organic constitutional law matters in the first stage of consideration and amended articles 39, 42 and 46, as attested by a vote of 35 senators, a total of 38 practitioners. Third Step
Constitution, the Chamber of Deputies approved the new articles and amendments proposed by H. Senate to vote for 96 deputies, out of 116 in earnings, except for the addition of new Article 11, and amendments to articles 17 and 22, which discarded.
The Joint Commission to resolve the differences arising during the processing of the project, proposed an alternative wording for articles 11, 17 and 22 and added Articles 7 and 8 ° new transient. The report of this was passed by the House of Representatives for 79 of 118 deputies in the exercise, being penalized in H. Senate by 28 senators, a total 36-in-Office. ***
In accordance with the second paragraph of Article 77 of the Constitution, under Article 16 of Law No. 18,918, Organic Constitutional Congress, the Corporation and the H. Senate sent in consultation with the Hon. Supreme Court project, which issued the opinion. VE Deputy
copies of the responses of the Hon. Supreme Court.
Finally, let me inform you that they are not accompanied by relevant certificates were not raised question of constitutionality. God preserve your Excellency
PATRICK WALKER PRIETO
President Chamber of Deputies
CARLOS LOYOLA OPAZO
Secretary General of the Chamber of Deputies
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