Hunter Ceiling Fan Baod52ww5c

Legislation Fire and castles in the air

Every year in early summer Galicia been marked by all sorts of events regarding the application of Fire Act 3 / 2007, "as preventive / enforcement" promulgated by it, the private and public responsibilities for compliance aggravated, if possible, by the context of budgetary constraints of the various administrations. Examples

Press ( 1 , 2, 3 , 4 , 5 , 6 ...)

then extract the text of the article "Forest fire and management territory "where it takes, in my view, an interesting approach from the point of view of the proliferation of standards difficult to enforce, practical application and little dubious technical content:


---
(...) Very little has been innovative in terms of prevention policies. The creation of 'danger zones' and the establishment of a strict regime of prohibitions and affirmative obligations to, and generally included in the Forest Fire Act of 1968 and demonstrated little effect in practice. It is impractical to attempt to maintain the forest as a garden.

Moreover, the legislative onslaught endured as a result of the futile attempt to solve all problems by decree, creates considerable legal uncertainty, and makes root the idea that laws are to be met. ..
(...)
Says Professor García de Enterría in a short and interesting book entitled " Justice and legal certainty in a world of runaway laws" that the old civil code principle that ignorance of the laws no excuse for their fulfillment, is presented as a mockery even to lawyers. Indeed, he continues, is impossible to know the relentless tide of laws and regulations whose complex meshes have yet to live.

legislates coup is happening and therefore without sufficient reflection. Thus, after the stunning and dramatic forest fire in Guadalajara on 16 July 2005 approved a Royal Decree-Law 11/2005 22 July (after 6 days of the event!). This Royal Decree-Law, called for urgent action on forest fires, which stipulates that measures will be in effect only until 1 November of that year, provided such severe and widespread bans, which then had to be reinterpreted in autonomous communities.

The following year the case in Galicia. Following the wave of fires in the summers of 2005 and 2006, adopted the Law 3 / 2007 of 9 April prevention and protection against forest fires in Galicia, to give legal cover to the drastic limitations on private property had already imposed Decree autonomic 105/2006, dated 22 June of measures to prevent forest fires, protection of settlements in rural and regulation of harvesting and reforestation, and due to lack of sufficient statutory effect to limit private property , had won the unfavorable opinion of Advisory Consello Galicia.

(...) The so-called in vulgar terms, elimination of "weeds" as stringently to end the fire by removing the fuel, is targeted at the current state land law ( Royal Decree 2 / 2008, of June 20, by approving the revised Land Law):

" in soil that is rural for the purposes of this Act or building is vacant, the duty to preserve is to maintain the land and plant cover in a position to avoid the risk of erosion, fire, flood, safety or health public or damage to third parties or the public interest, including the environment, prevent pollution of soil, water or air pollution nuisance and unfair on other goods and, where appropriate, retrieve them, and keep the establishment and services operating from the uses and activities taking place on the ground "

or the law of zoning and environmental protection rural Galicia, which requires the landowner to preserve them and keep them in their natural state, and the plant under specific conditions to avoid erosion and fires ... which continues to be a general obligation for an indefinite.

is with the approval of the legislation of forest fires in Galicia and its development where it has reached the ultimate consequences in the imposition of obligations on the owners, who in some cases as we see could pose an expropriation of rights without compensation, but above all to assume a very expensive obligations to homeowners if they can be identified, or they can identify their farms, which in practice will necessitate the implementation by management subsidiary, which makes the measure even more utopian.

The Act of the Parliament of Galicia ( Law 3 / 2007, dated April 9 ) imposes an obligation to manage the plant biomass of certain strips of land, in which either may be retained certain bushes and trees. The criteria for the management of that biomass were approved by Order of the Ministry for Rural Affairs on July 31, 2007 published in the Official Gazette of Galicia August 7, 2007 general criteria which are reproduced:

Article 2 Criteria .- general. In areas where it is mandatory in the management of biomass in accordance with the provisions of Law 3 / 2007, dated April 9, prevention and protection against forest fires in Galicia, to which Article 1 of this order, shall be met cumulatively the following criteria:

1. In the tree layer, the masses will be mixed or broadleaf deciduous and plant spacing is a minimum of 7 feet and keeping the glasses tangents. Pruning should be 35% of the height of the tree until it reaches 11.4 meters, height from which pruning should reach at least 4 meters above the ground throwing.

2. In the shrub and herbaceous, the load can not exceed total of 2,000 m3/hectare, must simultaneously be met the following conditions:

a) must be guaranteed the fuel horizontal discontinuity between the infrastructure and the outer boundary of the strip biomass management.

b) The maximum height of vegetation, shrubs and herbaceous, is contained in the table, varying according to the percentage of ground cover.

• % tree covered land, less than 20. Maximum vegetation height (cm): 100.
• % tree covered land: 20 to 50. Maximum Height of vegetation (cm): 40.
• % of land covered tree: over 50. Maximum vegetation height (cm): 20. Forcing

planting of certain tree species and capricious distances between each of them, to prohibit the planting of others, especially pretending to be kept private farms with a maximum height of shrub and herb 20 cm, in the Standing in an area like Galicia where ferns due to weather or bushes should be cut two or three times a year, is a very strong limitation on property rights, undue economic burdens and impossible to tackle by many small landowners, a legal requirement that owners should not rush or unknown owners, must be assumed by the administration of public funds, and possible expropriation (lost profit by cutting trees) without compensation, which could be unconstitutional.

But mostly there is a fundamental error in the approach: the forest or forest plantations that are populated burning of certain species, or because they have much bush (so useful for wildlife), but because burning While there are those who recklessly or intentionally plant will fire. This measure, like others that we will then seek to resolve the problem by paying for the sins. (...)


Reference:
Title: "Forest fires and land"
Author: José Antonio López Rodríguez.
Publication: Legal News Aranzadi num. 787/2009 Editorial Aranzadi, SA, Pamplona. 2009.
Url: BIB 2009 \\ 1829 - Aranzadi WestLaw

..