On December 28, 2018, Decree n. 9640 was published on the Federal Official Journal (DOU), regulating the Environment Reserve Quota (CRA), established by article 44 of Law n. 12651/2012 (Forest Code).
The Decree aims to regulate proceedings regarding the emission, registry, transfer, use and cancellation of the CRA.
In this sense, the owner of a rural property with Legal Reserve registered and approved through the Rural Environment Registry (CAR), with exceeding native vegetation remainder or area under recovery process in the property is entitled to use the exceeding Legal Reserve area for the issuance of the CRA.
Among the main legal provisions, we highlight:
- CRA's right to issue will be granted to the owner only when the following requirements are met: i) inclusion of the property in the CAR, ii) application formalized by the owner through the Sicar, iii) evidence report issued by the state or district competent authority or and (iv) approval of the location of Legal Reserve pursuant to the provisions of paragraph 1 of art. 14 of the Forest Code.
- The Forest Reserve Quota - CRF, issued in accordance with the Forestry Code of 1965, will be considered CRA after validation by the state or district competent authority;
- The CRA may be transferred, for payment or free of charge, to the individual or legal entity ruled by public or private law, by means of the transfer agreement signed by the applicant or the holder of the CRA and by the acquirer. However, the responsibility for maintaining the conditions of conservation of the native vegetation of the area that gave rise to the title will be the responsibility of the owner of the rural property in which the area linked to the CRA is located;
- Rural landowners who, up to July 22, 2008, had areas of Legal Reserve in an extension lower than that established in art. 12 of the Forest Code, may offset the Legal Reserve deficit through the acquisition of CRA.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.