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SPECIAL REGIMES FOR MANAGEMENT AND THE ACQUISITION OF FOREST LAND AREAS (available on five languages on our web site)

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SPECIAL REGIMES FOR MANAGEMENT AND THE ACQUISITION OF FOREST LAND AREAS

Forests and forest land areas are a distinct natural wealth with functions of general benefit, which requires special management methods and administrative control of the same. It is important to distinguish between state-owned forests (75% of the forest area RH) and private forests.

The property right of private forests can generally be transferred as in case of any other private property, while certain limitations exist for their acquisition. Specifically, the Forestry Act provides that foreign legal and natural persons can not acquire property rights over forests and forest lands in Croatia, unless an international treaty provides otherwise. This restrictions therefore do not apply in respect of nationals of the European Union as the Treaty of Accession of the Republic of Croatia to the European Union has not provided an exemption from its application in relation to the forest lands, as is the case with for example agricultural lands.

Forests and forest lands owned by the State are managed by the Croatian Forestry Association. Alienation of forests owned by the State is quite restrictive, in a manner that the conditions for the transfer of ownership to a third party are specifically enumerated, and the procedure of exemption of forests and / or forest lands owned by the State from forest management areas, must be previously instituted.
Some State forests can be exempted from the forest management areas, and transferred to another legal or natural person only if it's in the State's interest. The interest of the State is determined previously, in a procedure similar to the procedure prescribed for the expropriation. The interest of the State is assumed in cases when the exemption is requested for:
a) construction of entrepreneurial zones,
b) defense of the State,
c) marking the locations of mass graves of victims of war or
d) development of entrepreneurial zones in favor of local governments on the basis of the town-planning schemes.
The procedure is initiated at the request of the legal or natural person in whose favor the change of use and the transfer of property is made, with evidence that the interest of the State has been previously established or that it is assumed under the law. The procedure is conducted by the Ministry of Agriculture and Forestry. The cadastal plots that are going to be exempted are identified in the Ministry's decision and the contract with the State can be stipulated upon the validity of the decision.

The right to build can be established on State forest lands. The procedure of exemption of forests and / or forest lands owned by the State from forest management areas, must be previously instituted. The right-holder can then build a facility on a forest land, of which he will be the owner.

Thu Sep 25 08:07:54 CEST 2014




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http://www.vaic.hr/en/news-publications/286-special-regimes-of-management-and-acquisition-of-forestry-land

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