TEMA 6 ESPECIFICO PDF

# TEMA 6. LAS VÍAS PECUARIAS. ## 1. Legislación sobre vías pecuarias: Objeto, definición y tipos. ### 1.1. Introducción. Normativa reguladora: - The current legislation on livestock routes is basically the following: * **Ley 3/1995**, of March 23, on Livestock Routes (State legislation). * **Dec...

# TEMA 6. LAS VÍAS PECUARIAS. ## 1. Legislación sobre vías pecuarias: Objeto, definición y tipos. ### 1.1. Introducción. Normativa reguladora: - The current legislation on livestock routes is basically the following: * **Ley 3/1995**, of March 23, on Livestock Routes (State legislation). * **Decree 155/1998**, of July 21, approving the Regulation of Livestock Routes of the Autonomous Community of Andalusia (Regional legislation). - Through the Ley 3/1995, the State exercises the exclusive competence that Article 149.1.23 of the Spanish Constitution of 1978 attributes to it to enact Basic Legislation on this matter. - On the other hand, Article 57.1 of the Statute of Autonomy of Andalusia (Organic Law 2/2007) attributes to the Autonomous Community of Andalusia the exclusive competence in livestock routes (among many other matters). The previous Statute of Autonomy also attributed to the Autonomous Community of Andalusia exclusive competence in livestock routes, and thanks to this competence, Decree 155/1998 was approved. - According to both normative instruments, livestock routes are defined as trails or routes used traditionally for livestock transit (Article 1.2 of Law 3/1995 and Article 2.1 of Decree 155/1998). ### 1.2. Antecedentes y Régimen Jurídico actual: - The origin of the Regulation of livestock routes must be found around 1273, when Alfonso X brought together different Mestas and created the Honrado Concejo de la Mesta de los Pastores de Castilla; its main mission was to organize the flocks. The Mesta was abolished almost 6 centuries later, specifically in 1836. - Throughout these years, the main and almost only function of livestock routes was the service to the national livestock that was exploited under extensive grazing regime. Livestock routes provided this service fundamentally through two forms: * Connecting seasonal grazing areas, that is, summer mountain pastures with winter dehesas (also known as *Trashumancia*). * Providing food to livestock in transit. - In the last decades, the decrease in the importance of *Trashumancia* caused a decrease in the use of livestock routes, greater intrusion and deterioration of the State Network of Livestock Routes. All this led to the creation of Act 3/1995 on livestock routes, and, later, the Regulation of Livestock Routes of the Autonomous Community of Andalusia (Decree 155/1998). This regulation aims to establish the mechanisms for the creation, delimitation, management and administrative protection of Livestock Routes; as well as defining the exercise of compatible and complementary uses (which becoming increasingly important). - The creation of this Law and Regulation of livestock routes has played an important role in the greater valuation by almost the entire population of the historical legacy that livestock routes represent. They, in addition to facilitating *Trashumancia* and overland transit, can perform the following functions: * Enhance landscape diversity. * Contribute to improving the management and conservation of forest areas. * Promote biodiversity by allowing genetic exchange of plant and animal species (ecological corridors). * Increase human contact with nature and the development of outdoor activities. - It is particularly noteworthy within the current legal regime the nature of livestock routes. Thus, according to Decree 155/1998: "Livestock routes, whose route runs through Andalusian territory, are property of the public domain of the Autonomous Community of Andalusia and, therefore, are inalienable, imprescriptible and unseizable". **(Note:** Inalienable: Not to be alienated or sold / Imprescriptible means that it cannot expire, that it has enduring legal force. That is, a prescriptive right is a right that will never lose validity). - Finally, we are going to collect the basic structure of the Regulation of Livestock Routes of Andalusia, which is structured in 62 articles distributed in a Preliminary Title and 3 numbered Titles. Specifically: * **Preliminary Title:** General provisions. * **Title I:** On the creation, determination and administration of Livestock Routes (the most extensive of all, including the administrative procedures of delimitation, classification, etc.). * **Title II:** On the Compatible and Complementary Uses of Livestock Routes. * **Title III:** On Offenses and Penalties. ### 1.3. Objeto del Reglamento de Vías Pecuarias de Andalucía: - In this regard, you should consider Article 1 of Decree 155/1998: **Article 1. Object.** * It is the object of this Regulation to establish the mechanisms for the creation, demarcation, management and administrative protection of Livestock Routes, define the exercise of compatible and complementary uses, and articulate the rights and obligations applicable in the scope of the Autonomous Community of Andalusia. ### 1.4. Definition: - In this regard, you must consider Article 1 of Decree 155/1998: **Article 2. Definition and destination** * 1. Livestock routes are defined as the trails or routes used traditionally or historically for livestock transit, in accordance with the provisions of Article 1.2 of Act 3/1995, of March 23, on Livestock Routes. * 2. According to article 1.3 of the Livestock Routes Act, livestock routes may also be used for other compatible and complementary uses, in terms consistent with their nature and purpose, with the priority being given to livestock transit and other rural uses, and inspired by sustainable development and respect for the environment, the landscape and natural and cultural heritage. ### 1.5. Tipología de Vías Pecuarias: - In this regard, Article 5 of Decree 155/1998 provides the following: **Article 5. Types of livestock routes** * In general, in accordance with the provisions of Article 4.1 of the Livestock Routes Act, Livestock Routes are classified as cañadas, cordeles and veredas: (a) *Cañadas* are those routes with a width not exceeding 75 meters (b) *Cordeles* are those with a width not exceeding 37.5 meters. (c) *Veredas* are those routes with a width not exceeding 20 meters. * These terms are compatible with other customary terms, such as coladas, padrones, realengas, ramales, veredas de carne, veintenas and any other terms that are being used within the territory of Andalusia. Their width will be determined in the administrative act of classification. * Watering holes, resting places, sheepfolds, and other places associated with livestock transit will have the surface area and boundaries that the administrative act of classification and subsequent demarcation determines. ### 1.6. Plan de Recuperación y Ordenación de la Red de Vías Pecuarias de Andalucía. **Introduction** - Before going into the second heading of this topic, we consider it interesting to briefly mention the "Plan for the Recovery and Management of the Network of Livestock Routes of the Autonomous Community of Andalusia". This Plan was enacted pursuant to Additional provision 3 of Decree 155/1998, which states that the Plan for the Recovery and Management of the Andalusian Network of Livestock Routes shall be approved by agreement of the Council of Government. This plan will be drafted by the Ministry of Environment. "**Additional third provision. Development of the Plan for the recovery and management of the network of livestock routes of the Autonomous Community of Andalusia.** * 1. The Plan for the Recovery and Management of the Andalusian Network of Livestock Routes shall be approved by agreement of the Council of Government. The Plan shall be drafted by the Ministry of Environment. * 2. For drafting the Plan, the following criteria shall be taken into account: * Continuity of the network and its integration into the National Network. * The system established in Additional Provision 3 of Act 3/1995 on Livestock Routes regarding those livestock routes crossing the Natural Reserves and Parks (*). * Existing livestock transit. * Physical reality of livestock routes. * Ecological value and importance as a corridor for biodiversity and genetic exchange of fauna and flora species. * Potential for public use and connection between Areas of natural interest." **(Note:** The use given to the livestock routes or the sections that cross the area occupied by a Park or a Natural Reserve shall be determined by the Natural Resource Management Plan and, furthermore, in the case of Parks, by the use and management Plan, while ensuring the maintenance of the surface integrity of livestock routes, the suitability of the routes, along with the continuity of livestock traffic and other uses.) - Finally, the "Plan for the Recovery and Management of the Network of Livestock Routes of the Autonomous Community of Andalusia" was approved in 2001 (Agreement of the Council of Government of March 27, 2001), and it was estimated at the time that it would allocate 200 million euros over a period of 20 years for the recovery and management of Andalusian livestock routes. This Plan defines the Andalusian Network of Livestock Routes, classifies the recoverable routes and establishes measures for their restoration and maintenance, taking into account the possibilities they offer in relation to the diversity of biological and landscape, public use and the connection between Natural Spaces, etc. - This Plan defines a series of Priority Sections for each of the basic functions or uses that livestock routes can perform: traditional use, tourist-recreational use and ecological use. * **Traditional use:** It includes livestock transit on routes and maintaining accessibility to farmland bordering the routes. * **Tourist-recreational use:** It refers to "rural tourism", characterized by its ecological or historical and cultural significance. * **Ecological use:** It refers to the potential of routes as a link between protected areas, generating biodiversity in ecologically simplified areas, and, further, as wildlife and flora corridors between areas of high naturalness. - Thus, it will be a priority to recover: * As far as **Traditional Use** is concerned, it will prioritize the recovery of those routes that have the greatest presence of animals and ease of transit. * For the **main tourist-recreational use**, it will prioritize the recovery of Livestock Routes that link places of interest in landscape, history and culture. * For the **main ecological use**, it will prioritize the recovery of those routes that serve as a link between Protected Natural Areas and, therefore, that play a role of ecological corridors (very important to promote the exchange of genetics between populations of threatened species, such as the Iberian Lynx). **Objectives:** - The main objective of the Plan is to define the Andalusian Network of Livestock Routes, understanding this as the set of all livestock routes that can be recovered and with potential for using any of the uses defined by said Plan: traditional use, tourist-recreational use and ecological use. - In addition, it establishes a program of actions necessary for the recovery and implementation of the Network, marking priority levels and collecting a budget estimate for each of the models of action and management foreseen. **Selection of the Basic Analysis Network:** - The Basic analysis Network is understood as the network used to select those routes that comprise the Andalusian Network of Livestock Routes; this network is the cartographic basis to be used in all the analysis of functional potential later. To do this, we start from the digital inventory of Livestock Routes at a scale of 1:50,000, there are two fundamental aspects to be considered for the selection: - Continuity of the network defined by the connection of all sections, so that from any point in the network you can reach any other point. - Real possibility of route recovery, determined by several factors. In this regard, the overlap of livestock routes with communication infrastructures and the intersection of routes with reservoirs has been analyzed. - Based on the Basic Analysis Network of livestock routes, the routes have been ordered in accordance with their importance relative to each of the uses included in the current regulation. The importance is defined according to the current use (when there is data) or its potential to accommodate the uses considered. - Once the potential value is applied, the range of resulting values for the routes is defined, which will allow the programming of fieldwork in accordance with this classifications. **Results:** - The Basic network that has been used for the analysis and selection of routes comprises 31,746 km. - After carrying out all the selection processes for all the types of use, a total of 24,015 km, of livestock routes, have been obtained, which will comprise the Andalusian Network of Livestock Routes. The calculation has taken into account different overlaps of uses in cases where they are compatible, as well as those sections within settlements, which have been excluded. - The distribution according to priority levels for the total of uses is as follows: * Level 1: 9,442 km * Level 2: 7,956 km * Level 3: 6,617 km **Programmed Actions:** * These are the necessary actions for the implementation of the Network of livestock routes, and they are divided into two types: - * **Common actions:** Actions independent of the type of use assigned. It involves classification, demarcation, boundary marking and the recovery of those livestock routes that make up each route, such as administrative actions, and signage, cleaning and landscape regeneration, as generic actions. - * **Specific actions:** Concrete actions for each expected use. In this way: * In **livestock routes,** some examples are the isolation of the route, in the case of coinciding the margin of the route with canals, roads or other infrastructure, in order to avoid accidents, the restoration of livestock infrastructure, such as watering places, resting places, corrals, etc.; the incorporation of selective access points that facilitate livestock passage; plantings to create shade areas, etc. * In **tourist-recreational routes,** the adaptation of the surface to facilitate leisure activities such as hiking, biking or riding is necessary; the installation of lightweight public use equipment (bicycle parking, bike lanes and rest areas for these); plantings in order to achieve better landscape and make the use of livestock routes more attractive as walking routes, especially in urban environments. * In **ecological routes**, the most important factor is vegetation restoration, given the function that routes are meant to perform . **Schedule of Planned Actions:** - The implementation period for the plan is 20 years . The implementation of actions is scheduled in three phases, according to the priority levels defined for the Network. In this way, priority 1 was expected to be completed between 2001-2010, priority 2 between 2011-2015 and priority 3 between 2016-2020. ### 1.7. Longitud y superficie actual de la Red de Vías Pecuarias de Andalucía: - According to information, at a national level Livestock Routes cover a length of more than 125,000 km and an estimated area of 425,000 hectares (almost 1% of the national area). At Andalusian level, the area of Livestock Routes is around 111,000 hectares (half of this data is due to Cañadas). - The 2015 IMA Statistics (published in 2016) contain a series of interesting data about the Inventory of Livestock Routes in Andalusia as of 2014: - The number of kilometers of classified livestock routes amounts to 34,045 km (particularly noteworthy are 13,600 km of *veredas*, 8,000 km of *cañadas reales*, 7,200 km of *cordeles*, and 5,000 km of *coladas*). - In terms of kilometers of classified routes, Seville stands out (approximately 6,000 km), followed by Cordoba (approximately 5,300 km) and Jaén (approximately 5,200 km) - According to the type of classified livestock route, Seville stands out with 2,200 km (*Cañadas*), Jaén with 1,700 km (*Cordeles*) and Cordoba with 3,000 km (*Veredas*). *(Note, For the last 10 years, this figure has remained virtually the same because 100% of the existing livestock routes have been classified in the Andalusian Community. The number of classified livestock routes is 5,338 routes). - Those livestock routes demarcated amount to 8,879.35 km (approximately 26.1% of the total length of classified livestock routes). - The provinces with the greatest demarcated length are Cordoba (approximately 1,600 km) and Seville (around 1,400 km). ## 2. CLASIFICACIÓN Y DESLINDE. - Classification and Demarcation are two administrative powers that the Ministry of Environment has regarding Livestock Routes. It is interesting to include Article 8.1 of Decree 155/1998, where many of these administrative powers are included (within Title I of Decree 155/998, "On the Creation, Determination and Administration of Livestock Routes"): **Article 8. Conservation and defense of Livestock Routes.** * 1. It is the responsibility of the Ministry of Environment, in relation to Livestock Routes, to: (a) Plan concerning Livestock Routes. (b) Investigate the situation of those lands presumed to belong to Livestock Routes. (c) Classify them. (d) Demarcate them. (e) Boundary mark them. (f) Recover them. (g) Declassify them. (h) Modify the route. (i) Any other act related to them. - In this section, we are going to analyze the powers of Classification, Demarcation and Boundary Marking, due to their importance and because they are often confused. We begin by defining these powers: - **Classification** is the administrative act of a declaratory nature by which the existence, name, width, route, and other general physical characteristics of each livestock route are determined. - **Demarcation** is the administrative act by which the boundaries of Livestock Routes are defined, including watering holes, resting places, sheepfolds, and other places associated with livestock transit, according to the approved classification. - **Boundary Marking** is the administrative procedure whereby, once the demarcation has been approved, the boundaries of the route are physically determined and marked with a permanent character, thus defining the area. - Below, we will summarize the main aspects of the procedures of Classification, Demarcation and Boundary Marking. In this summary, we have taken into account the content of Decree 155/1998, but we have adapted some references to the reality of the current structure, name and powers of the different executive bodies of the CMAyOT (basically, we refer to Decree 216/2015, which establishes the organizational structure of the CMAyOT). ### **Classification:** - The person in charge of the Territorial Delegation of the Ministry of Environment and Territorial Planning will propose the beginning of the process, which will include the need to initiate the corresponding procedure. - The procedure of classification shall be initiated ex officio by decision of the person in charge of the Vice-Ministry of Environment and Territorial Planning. - Once the corresponding classification file is initiated, it will be the responsibility of the Territorial Delegations of the Ministry of Environment and Territorial Planning to conduct the inquiry. - The Territorial Delegation will determine a period of public information, announcing it in the Provincial Official Gazette, the edicts published noticeboards of the Municipalities affected, and in the offices of the Territorial Delegation itself, where the file is available for any physical or legal person to examine it within one month from the publication of the notice, and granting, in addition to that month, a period of twenty days from the end of the same for the submission of any allegations they consider appropriate. - Once the allegations have been considered, the person holding the Territorial Delegation, will make a proposal of classification that will identify the direction, width and approximate length of the Livestock Routes, with a detailed description of its route and boundaries, approximate area, and further information on these features such as resting places, sheepfolds and waterholes, for identification and subsequent demarcation. - The resolution of the person holding the position of the Secretary General of Territorial Planning and Urban Sustainability of the Ministry of Environment and Territorial Planning, which concludes the classification procedure, shall be issued within a period not exceeding 18 months counted from the start of the file, and shall be published in the Official Gazette of the Junta de Andalucia, without prejudice to the notification to all persons involved in the procedure. *(Note, Decree 155/1998 refers to the Resolution of the person holding the position of the Secretary General Technical, because at that time, the powers relating to Livestock Routes were assigned to the Secretary General Technical). ### **Demarcation (*):** - The demarcation process shall be initiated ex officio by decision of the person holding the position of the Vice-Ministry of Environment and Territorial Planning. Likewise, the Environmental Administration may initiate the procedure at the request of the interested party. - Once the corresponding classification file is initiated, it will be the responsibility of the Territorial Delegations of the Ministry of Environment and Territorial Planning to conduct the inquiry. - The inquiry shall begin with the material operation of demarcation. The performance of these operations shall be announced in the Provincial Gazette at least 20 days before the start, as a minimum. - In the performance of the work of demarcation, provisional boundary marking will be carried out and the topographic data obtained to identify the characteristics of the route to be demarcated, with detailed references to the bordering lands and the apparent occupations and intrusions, drawing up a report of all operations carried out. - The Territorial Delegation will determine a period of public information, announcing it in the Provincial Official Gazette, the edicts published noticeboards of the Municipalities affected, and in the offices of the Territorial Delegation itself, where the file is available for any physical or legal person to examine it within one month from the publication of the notice, and granting, in addition to that month, a period of twenty days from the end of the same for the submission of any allegations they consider appropriate. - After the allegations have been considered, the person holding the position of the Territorial Delegation will make a proposal of demarcation that will include at least the description of the Livestock Route and any facilities associated with livestock transit, a detailed plan and a list of occupations, intrusions and bordering properties. - The resolution of the person holding the position of the Secretary General of Territorial Planning and Urban Sustainability of he Ministry of Environment and Territorial Planning, which resolves the demarcation procedure, shall be issued within a period no exceeding 18 months, counted from the start of the file, and shall be published in the Official Gazette of the Junta de Andalucia. *(Note, Decree 155/1998 refers to the Resolution of the person holding the position of the Secretary General Technical, because at that time, the powers relating to Livestock Routes were assigned to the Secretary General Technical). *(Note, There is what is called Urgent Processing and Abbreviated Demarcation Procedure, which shall be carried out when reasons of public interest warrant it; in this case, there will be a reduction in the deadlines. Thus, when the procedure is processed in full as an abbreviated procedure, the deadline for resolving the file will be nine months, counted from its start). ### **Boundary Marking:** - The procedure of boundary marking shall be initiated and resolved by the person holding the position of the Territorial Delegation of the Ministry of Environment and Territorial Planning. The material execution of the boundary marking will be done in accordance with the demarcation resolution and in accordance with the documentation of the same. ## 3. OCUPACIONES Y APROVECHAMIENTOS. - These aspects are included in Chapter V of Title I of the Regulation of Livestock Routes in Andalusia (Chapter V, "Occupations and Uses in Livestock Routes"). Some important aspects are highlighted below. ### **Occupations:** - The Ministry of Environment and Territorial Planning may authorize or grant, as appropriate, temporary occupations for reasons of public interest, and exceptionally, and for a reasoned purpose, for reasons of private interest, provided that such occupations do not alter livestock traffic, or hinder other compatible or complementary uses with it. These occupations shall last for a duration not exceeding ten years, renewable. - The amount of money, which, if necessary, and in accordance with current legislation, the beneficiary of the occupation shall pay, shall be used for the conservation, monitoring, and enhancement of Livestock Routes. ### **Uses:** - The fruits and products not used by the livestock in its regular transit along the route, may be subject to use provided that such use does not interrupt or hinder the main use or compatible and complementary uses. - The amount of money, which, if necessary, and in accordance with current legislation, the beneficiary of the use shall pay, shall be used for the conservation, monitoring, and enhancement of Livestock Routes. - Uses shall be allocated in accordance with the principles of publicity and competition. In no case shall the duration exceed ten years . - The uses may be reviewed: (a) When there are changes in the circumstances determining their grant. (b) In case of force majeure, upon request of the beneficiaries. ## 4. USOS COMPATIBLES Y COMPLEMENTARIOS. ### **Introduction:** - Livestock routes, in addition to their essential function of facilitating livestock transit and feeding them during their trips, can perform other "additional uses" in conjunction with this main use. These "additional uses", which are becoming increasingly important, are included in current legislation under two categories: * **Compatible uses.** * **Complementary uses.** - These uses are regulated in Title II of Decree 155/1998, "On the Compatible and Complementary Uses of Livestock Routes". - A large part of the Compatible and Complementary Uses have markedly environmental purposes. This is stated in the Regulation of Livestock Routes in Andalusia: "The performance of compatible and complementary uses of Livestock Routes will consider the aims mentioned in Article 4 of this Regulations, especially the promotion of biodiversity, the exchange of genetics of fauna and flora species, and the territorial mobility of wild life." - It should also be pointed out that: "When some uses in Livestock Route lands may constitute incompatibility with the protection of sensitive ecosystems, forest areas with a high risk of fire and protected species, the Minister of Environment may, by Order, establish certain preventive measures aimed at restricting compatible and complementary uses". ### **Compatible Uses:** - Traditional uses that are compatible with livestock activities are considered compatible, provided they are agricultural in nature and do not have the legal standing of an occupation, they can be carried out in harmony with livestock traffic, and in harmony with environmental values, promoting the ecological regeneration of the route, without affecting the primary use of the livestock route. - We are referring basically to the displacement of vehicles and agricultural machinery, which must respect the right of way of the livestock. - Linear, windbreak or ornamental forest plantations will also be compatible, as will the conservation of pre-existing native plant communities, whether they are trees, bushes or natural, as long as they allow for the normal transit of livestock. - Compatible Uses require authorization from the Provincial Delegation (now Territorial) whenever they involve a change in the physical characteristics of the route. ### **Complementary Uses:** - Those livestock route uses that are complementary to livestock activities are considered complementary, provided that they respect the priority of livestock traffic and the aims set out in Article 4 (conservation of biodiversity, the exchange of genetics of fauna and flora species, the mobility of wildlife, improvement and diversification of the rural landscape, etc.), promoting citizen recreation and leisure activities, such as walking, hiking, horseback riding and cycling, among others, provided they do not involve the use of motor vehicles. - Complementary Uses require authorization from the Provincial Delegation (now Territorial) whenever they involve collective and organized activities. ## **5. INFRACCIONES Y SANCIONES.** ### **Regulation of Offenses and Penalties in Decree 155/1998:** - In terms of Offenses and Penalties, you must consider Title III of Decree 155/1998, of July 21, approving the Regulation of Livestock Routes of the Autonomous Community of Andalucia. Here is the content of Title III: **TITLE III. OF OFFENSES AND PENALTIES.** **Article 59. General provisions.** * 1. Offenses relating to Livestock Routes are those actions and omissions classified in Title IV of Act 3/1995, of March 23, on Livestock Routes. * 2. When there is plurality of responsible persons and it is not possible to determine the degree of participation, the responsibility shall be joint and several, without prejudice to the right of recourse against the other participants, on the part of the person or persons who have borne the responsibility. **Article 60. Damage Repair.** * 1. Without prejudice to any criminal or administrative penalties that may apply, the offender must repair the damage caused. The repair shall aim to achieve, as far as possible, the restoration of the route to its previous state before the offense was committed. * 2. If the damage cannot be repaired in the same place, it shall be repaired in another area of the Andalusian Network of Livestock Routes, where it fulfills the same purpose of the Livestock Route. * 3. The body responsible for imposing penalties may, independently of the penalties that correspond to the offense committed, order the imposition of coercive penalties in accordance with the provisions of Article 99 of Act 30/1992, once the deadlines indicated in the request have elapsed, without the offender having complied with the order. The amount of each of these fines shall not exceed 20% of the fine set for the offense in question. * 4. In all cases, the provisions of Title IV of the Act on the Heritage of the Autonomous Community of Andalucia shall apply. **Article 61. Police functions.** - The Provincial Delegations of the Ministry of Environment are in charge of exercising police, monitoring and inspection functions with regard to compliance with regulations on Livestock Routes, without prejudice to the powers attributed to other bodies of the different public administrations. - Volunteers duly accredited by the Ministry of Environment may collaborate in the tasks of defense and protection of Livestock Routes in this regard. **Article 62. Penalty-imposing competence.** - The competence for imposing penalties shall fall to: * 1. The Provincial Delegates of the Ministry of Environment, those applicable to all offenses of minor and serious nature up to 1,000,000 ptas. * 2. With regard to the remaining serious offenses and very serious offenses, as follows: * Secretary General Technical: serious offenses up to 5,000,000 ptas. * Deputy Minister: very serious offenses up to 25,000,000 ptas. ### **Regulation of Offenses and Penalties in Act 3/1995:** - On the other hand, Act 3/1995, includes in its Title IV: "Offenses and Penalties:" **TITLE IV. OF OFFENSES AND PENALTIES.** **Article 19. General provisions.** * 1. Those actions or omissions that infringe the provisions of this Act shall entail administrative liability, without prejudice to any liability that may arise in the penal, civil or other legal order in which those responsible may incur. * 2. When it is not possible to determine the degree of participation of different persons who have intervened in the commission of the offense, liability shall be joint and several, without prejudice to the right of recourse against the other participants, on the part of the person or persons who have borne the responsibility. * 3. In no case shall there be a double penalty for the same events and on the basis of the same public interests protected; however, other liabilities that may arise from other events or offenses must be claimed. **Article 20. Damage Repair.** * 1. Without prejudice to any criminal or administrative penalties that may apply, the offender must repair the damage caused. The repair shall aim to achieve, as far as possible, the restoration of the route to its previous state before the offense was committed. * 2. If the damage cannot be repaired in the same place, it shall be repaired in another area of the Andalusian Network of Livestock Routes, where it fulfills the same purpose of the Livestock Route. * 3. With independence of those that may correspond in concept of penalty, the penalty-imposing body may order the imposition of coercive penalties in accordance with the provisions of art. 99 of Act 30/1992, once the deadlines indicated in the request have elapsed. The amount of each of these fines shall not exceed 20% of the fine set for the offense in question. **Article 21. Classification of offenses.** * 1. Offenses shall be classified as very serious, serious and minor. * 2. Very serious offenses are: (a) Alteration of boundary marks, boundary stones or indicators of any kind, intended for the marking of the boundaries of Livestock Routes. (b) Construction or execution of any unauthorized type of works on Livestock Route lands. (c) The installation of obstacles or the performance of any act that prevents the transit of livestock or the uses compatible or complementary with it. (d) Those actions or omissions that cause damage or harm to Livestock Routes or prevent their use, as well as the occupation of the same without the relevant administrative title . * 3. Serious offenses are: (a) Breaking up or planting without authorization on any Livestock Route. (b) The release or discharge of waste within the area delimited by a Livestock Route. (c) The cutting or felling without authorization of existing trees in Livestock Routes. (d) The unauthorized use of the fruits or products of Livestock Routes not used by livestock. (e) The construction of works or installations not authorized of a provisional nature in Livestock Routes. (f) The obstruction of the exercise of the functions of policing, inspection or vigilance provided in this Act. (g) Having been sanctioned, by resolution of the firm, for the commission of two minor offenses in a period of six months. (h) Failure to submit a responsible declaration or the non-compliance of the provisions contained in the responsible declaration for the performance of a specific activity or the conditions imposed by the Administration for the performance of the same. (i) Inaccuracies, falsity or omission of the data, statements or documents included or accompanying the responsible declaration . * 4. Minor offenses are: (a) Those actions or omissions that cause damage or harm to Livestock Routes, without preventing the transit of livestock or other uses compatible or complementary. (b) Non-compliance with the conditions established in the relevant administrative titles. (c) The total or partial non-compliance with the prohibitions established in this Act and the omission of actions that were obligatory in accordance with it. **Article 22. Penalties**. * 1. The offenses classified in art. 21 shall be penalized with the following fines: (a) Minor offenses, fine of 10,000 to 100,000 ptas. (b) Serious offenses, fine of 100,001 to 5,000,000 ptas. (c) Very serious offenses, fine of 5,000,001 to 25,000,000 ptas. * 2. Penalties shall be imposed taking into account their repercussions or their significance with regard to the safety of people and property, and to the environmental impact and circumstances of the person responsible, their degree of fault, recidivism, participation and any benefits obtained and other criteria provided for in art. 131.3 of Act 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure. * 3. Penalties imposed for very serious offenses, once they are final, shall be published in the manner prescribed by regulations. **Article 23. Criminal liability.** - When the offense may constitute a crime or misdemeanor, a notice of the degree of fault will be sent to the Public Prosecutor, with the processing of the penalty-imposing procedure being suspended until the judicial authority issues a final sentence or resolution terminating the process. - The criminal penalty shall preclude the imposition of the administrative penalty in cases where the identity of the person, the event and the grounds are the same. If the existence of a crime or misdemeanor has not been considered, the competent body shall continue, if appropriate, the penalty-imposing procedure, taking into account the facts found proven in the final resolution of the competent judicial authority. **Article 24. Prescription of offenses and penalties.** * 1. Administrative offenses against the provisions of this Act shall expire: within five years for very serious offenses, within three years for serious offenses and within one year for minor offenses. * 2. Penalties imposed for the commission of very serious offenses shall expire after three years, while those imposed for serious offenses or minor offenses shall expire after two years or one year, respectively. * The prescription period of offenses shall commence on the day the offense was committed or on the day the action ends. **Article 25. Penalty-imposing competence.** - The Autonomous Communities shall be competent to investigate and resolve penalty-imposing procedures, as well as to adopt the precautionary measures or provisional measures designed to ensure the effectiveness of the final resolution that may be made. **ANNEXES:** * ANNEX I: Decree 155/1998, of July 21, by which the Regulation of Livestock Routes of the Autonomous Community of Andalusia is approved (Digital Format). * ANNEX II: Agreement of March 27, 2001, of the Council of Government