SYRIZA tabled an amendment on grassland

An amendment for the resolution of the ownership issue of grassland in areas where the presumption of ownership of the State does not apply was submitted by the MPs of SYRIZA PS.

As stated in the explanatory memorandum, the posting of the forest maps highlighted existing problems that were chronic and had to be resolved with regard to the correct mapping and characterization of the areas, a typical example is the case of grassland areas. The SYRIZA government responded to these problems and took initiatives and proceeded with legislative and regulatory decisions and circulars on grassland. Specifically, the provision of article 44 of Law 4546/2018 clarified that grassland areas with buildings with a building permit may be conditionally exempted from forest legislation, as was the case for forests and woodlands. With the provision of Article 6 of Law 4467/2017, we resolved the problem created by the incomplete legislation of Law 4280/2014 and defined the procedure for issuing a declaratory act on the character of lowland grasslands upon the request of the citizen so that he can use his property without prejudice. Subsequently, by Ministerial Decision 182363/2395/13.05.2019 of the Deputy Minister, the opinion of the Technical Forestry Council on the characterization of the grassland was accepted. The opinion states that if there is no forest vegetation in the areas with fryganic vegetation, or if the forest vegetation does not exceed an indicative 15% of the area, then they should be classified only as grassland and not as forests or woodlands. This decision and the circular issued for its implementation resolved the issue that had arisen whereby land that, for example, has been classified as AD (forested fields) must become AH (i.e. fields converted to grassland), in which case, as provided by law, it is automatically classified AA (other uses, i.e. agricultural since 1945 and up to the present day), and thus is taken outside the protective framework of the forestry legislation. In this way, the immediate correction of the areas with fryganic vegetation in the forest map from forest to grassland was made possible, for easier transfer or use of these areas and support of development activity in island Greece, without any discounts in environmental legislation and with strong scientific documentation.

The latest initiative on grassland was the provision tabled in Parliament on 31.5.2019, but due to the called elections it was not introduced in the relevant Committees of Parliament. This provision had been tabled in a Ministry of Environment and Energy Bill entitled «Incorporating Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment» as an amendment on 13/10/2020 and is reintroduced today.

The proposed regulation amends the first subparagraph of para. 5 and the third subparagraph of point (d) of paragraph 5. 5 of Article 3 of Act No. 998/79, concerning grassland, rocky and stony areas located in areas where the presumption of public ownership does not apply. For these areas, the method of recognition of ownership and consequently their exemption from the provisions of forestry legislation is defined, based on the existence of titles dating back to before 1946. As a result, costly and time-consuming legal proceedings are often required to prove ownership of these areas in another way, which creates legal uncertainty for the property rights of citizens and often leads to the frustration of their development.

The proposed regulation provides for the recognition of ownership of grassland by the Forest Property Council or civil courts, on the basis of ownership titles dating back to and transcribed before 24 December 2003, the date of publication of Law 3208/2003. This law clarified that grassland is under the administration and management of the forestry service. Also, since there is no provision for the possibility of subjecting to the provisions of the law many citizens who acquired and maintained these lands for decades without obtaining a title, a practice that was often followed, the proposed regulation allows for the possibility of recognizing ownership also on the basis of usufruct started before 11 June 1975.

It is also provided for the possibility of recognizing land as private by the relevant Forestry Authority (without the need for recourse to the SIDs and the courts) if the private individual presents property titles dating back before 24 December 2003 and which have been transferred even later and with the presentation of a certificate from the land registry that the land is not public.

The proposed regulation makes it easier to prove the ownership of grassland, which means that it is not subject to the provisions of forestry legislation, so that it can be exploited without restrictions by its owners.

Β. AMENDMENT-APPENDIX

Article...

1.Para. 5 of Article 3 of Law No. 998/1979 (A ”289) shall be replaced as follows:

«5. The provisions of the present law, except for the cases of articles 17, 22, 63, 64 and 65 of the present law, shall also apply to the lands of the following cases a' and b' of the present law, which have not been recognized as private in one of the ways of article 10 of Law no. 3208/2003 or in accordance with the provisions of paragraph d of this Article:

α) grassland located on semi-mountainous, mountainous and rough terrain and forming natural ecosystems consisting of woody, herbaceous or other native vegetation or of forest vegetation that does not constitute a forest community.

(b) The rocky or stony areas of semi-mountainous, mountainous and rough terrain.

c) The areas of cases 5a and 5b of the present are not declared reforested, according to the provision of paragraph 1 of article 37 of this law, but may be declared forested, according to the provision of paragraph 2 of the aforementioned article 37. In the event of their destruction by fire or any other cause, they shall not lose their character, shall be restored and shall be protected and managed in accordance with the provisions of this Law. Article 4 of this Act, as in force, with the exception of case c' of paragraph 1 and cases a' and h' of paragraph 2 thereof, shall apply accordingly to the above-mentioned lands.

(d) The recognition of ownership or other vested rights over such land shall be the responsibility of the Councils and civil courts provided for in Article 8 of this Law. Cases brought before the Councils shall be decided in accordance with the provisions of the Act. 1539/1938 (A`488) as in force. In particular, the recognition of the ownership or other rights in rem of the aforementioned land lying in the areas referred to in the second paragraph of Article 62 of this Act, as amended, shall be carried out in accordance with the above procedure on the basis of title deeds dating back to a date prior to 24 December 2003 and which were registered even later, or on the basis of a usufruct that began before 11 June 1975.

The aforementioned lands lying in the areas referred to in the second subparagraph of Article 62 shall be recognized as private by decision of the relevant Forester or the Director of Forests, if there is no Forestry Department in the county, provided that the private person presents title deeds dating back to before 24 December 2003 and which have been transferred even after that date.

ε) The lands referred to in paragraphs 5a and 5b of this Article shall be mapped and allocated in particular for the purposes of Chapter F of this Act or used as pasture land or for the creation of new forests.»

See the amendment here: