TONYKO - New restrictions upon changing the agricultural land status

New restrictions upon changing the agricultural land status

07.04.2010

The change of the status of agricultural land from 1st to 4th class is restricted. The Council of Ministers approved a project of an amendment act in the Farmland Protection Policy Act (FPPA). The project is aimed at regulating the tendencies of changes in the functions of the agricultural land, with respect to the intense investment activity. The purpose is to achieve a better balance in the protection of agricultural lands and the needs of the investment growth

Part of the changes are related to the introduction of restrictions on the construction or the expansion of objects producing electricity from renewable energy sources on the land from 1st to 4th class, as well as on areas under irrigation, as the purpose is to protect the highly productive agricultural land. FPPA’s project also plans that the change in the functions of the agricultural land from 1st to 4th class, of the areas under irrigation, as well as the change regarding the energy objects construction, should take place nationwide, not locally as it is now. The status change is intended to be made by the Agricultural Land Commission, so that a higher level of protection and control will be ensured. For the same reason a representative of the Ministry of Economy, Energy and Tourism will be part of the Commission.
It is suggested that the decisions of the Agricultural Land Commission regarding the status change should not be taken into account when:
- within one year of entry into force of the decision about defining a ground or a permanent way, there has not been a request for change of the functions;
- the fee stated in Article 30 in FPPA has not been paid in a period of 3 months
- within two years of entry into force of the decision about the change of the functions, there has not been a request the object’s building permission
- within three years of entry into force of the decision about the change of the functions, the construction of the object has not begun

The draft law also states that:
- the fees paid for the change of the functions will not be refunded if the decision is abolished or if it loses legal action
- fines and property sanctions for breaking the law will be raised