(b) the leasing of land under environmental protection or legal reserve; « The Central African Republic is a more effective tool for controlling environmental reserve quotas than registration when registering the property, as it is managed in a computerized system, » said Jose Mario Schreiner. « It is inconsistent to allow control of the legal reserve only by the Central African Republic and to require land registration for the environmental reserve quota. » Schreiner agreed with the argument of the proponent, Senator Wellington Fagundes (PL-MT), that the obligation to record the quota at the time of registration is not compatible with the simplified treatment introduced by the Forest Act for the legal reserve, which was only registered in the Rural Environmental Registry (RAC). Similarly, the change of location of the legal reserve may also be made outside the land containing the original reserve, if it is a public property of social interest and if the area initially demarcated is devoid of native vegetation and the presence of native vegetation cover on the property has not been demonstrated before 19 June 2002. In addition, the rapporteur noted that, despite the positive understanding of this Supreme Court, it is added to the questions relating to registration in the Central African Republic and the registration of the legal reserve with the IRC that the judgment under appeal, assessed according to the rite of the IRDR, established the agreement to dispense with formalization by the registration of the legal reserve in the land register, Listing on the Rural Environmental Registry (RAC), and this understanding shows deviations from the current Supreme Court jurisprudential guidance. (Griffins in original). For the minister, the case is appropriate that the current issue « is often reflected in the jurisprudential debate on this delicate legal controversy », and the subject always involves reflection, « it cannot be said that there are final lights ». III – The creation of ecological corridors with another legal reserve, with a permanent conservation area, with a conservation unit or with another legally protected area; With the introduction of the Central African Republic, an electronic public registry, the 2012 law did not require the registration of the legal reserve when registering rural land – unlike the old Forest Code. However, the obligation to report the reserve ratio was maintained. In the rapporteur`s opinion, the obligation to write the quota is not compatible with the simplified treatment introduced by the forestry law for the SIM legal reserve. The calculation of permanent conservation areas is taken into account when calculating the percentage of legal retention of ownership, provided that: « Thesis 1 – Law 12.651/2012 did not remove the non-abolition of the creation of legal reserve areas in rural lands. However, this institution exempts formalization by the registration of the legal reserve in the register of real estate registration, only the registration in the Register of the Rural Environment (CAR).
However, in order to ensure the preservation of the legal reserve area, in addition to its demarcation, it is necessary to register it. In his vote, the Minister-Rapporteur pointed out that the Member had infringed Article 18 § 4 of Law no. 18, § 4, of the Forest Code. In summary, Article 12 of Law 12.651/2012 stipulates that each rural property must maintain an area with indigenous vegetation cover as a legal reserve, without prejudice to the application of the standards to permanent conservation areas that comply with the following minimum percentages in relation to the area of the plot: Environmental reserve quotas represent areas of native vegetation on a parcel that meet the minimum limit required by the law. and may be used to compensate for the following minimum percentages of land area: Environmental reserve quotas represent areas of native vegetation on one parcel that exceed the minimum limit required by law and to compensate for the absence of legal reserves in another area.