Article 1 In order to protect, cultivate and rationally utilize forest resources, give full play to the ecological, economic and social benefits of forests, and accelerate the development of forestry, in accordance with the provisions of the Forest Law of People's Republic of China (PRC) and the Regulations for the Implementation of Forest Law of People's Republic of China (PRC) (hereinafter referred to as the Regulations for the Implementation of Forest Law) and other laws and regulations, combined with the actual situation of this province.
Article 2 The cultivation, planting, cutting and utilization of forests and trees in this province, as well as the management activities of forests, trees and woodlands, shall abide by these regulations.
Article 3 Forestry shall be incorporated into the national economic and social development plan of the administrative region.
People's governments at all levels shall formulate forestry development plans and implementation plans within their respective administrative areas, and implement target management for forestry construction.
Article 4 The forestry administrative departments of the people's governments at or above the county level shall be in charge of forestry work within their respective administrative areas.
Township forestry workstations or full-time managers shall exercise forestry administrative duties in accordance with the authority prescribed by the state, and the required funds shall be included in the financial budget.
Fifth counties (cities, districts, the same below) with forestry land area accounting for more than 50% of the total land area are classified as forest counties. Delineation of forest districts and counties shall be proposed by the provincial forestry administrative department and submitted to the provincial people's government for approval.
Sixth people's governments at or above the county level shall establish a forestry fund system. Measures for the administration of the sources and use of forestry funds shall be formulated by the provincial people's government.
People's governments at all levels should increase forestry funds year by year. Agricultural development funds at all levels should set aside a certain proportion for forestry.
Article 7 It is the duty of citizens to plant trees and protect forests. People's governments at all levels should publicize forestry laws and regulations through various forms to enhance citizens' awareness of greening.
Article 8 People's governments at all levels shall commend and reward units or individuals that have made remarkable achievements in protecting forest resources, planting trees and developing forestry.
Chapter II Editing of Forest Management
Ninth forest resources to implement public welfare forest and commercial forest classification management system.
Investors and operators of public welfare forests have the right to obtain compensation for forest ecological benefits.
Investors and operators of commercial forests enjoy the right to operate, the right to income and other legitimate rights and interests according to law.
Tenth people's governments at all levels should increase investment in the construction of public welfare forests.
The provincial people's government shall set up a forest ecological benefit compensation fund. The forest ecological benefit compensation fund is divided according to the powers and shared by the people's governments at all levels. The forest ecological benefit compensation fund is used to compensate investors and operators of forest resources and trees included in the management of public welfare forests, as well as the construction, tending, protection and management of forest resources and trees of public welfare forests. The forest ecological benefit compensation fund should be given priority to the protection of important ecological function areas.
The determination and adjustment of the scope of public welfare forest shall be put forward by the administrative department of forestry and reported to the people's government at the same level for approval and promulgation.
Measures for the administration of forest ecological benefit compensation fund shall be formulated by the provincial people's government.
Eleventh state-owned forest farms, nurseries and nature reserves and other units shall, in accordance with the long-term forestry planning, formulate forest management plans and report them to the competent forestry administrative department for approval before implementation.
The forestry administrative department at the county level shall strengthen the guidance for other units or individuals to prepare forest management plans.
Those who use forest resources to develop and construct forest parks or engage in forest tourism shall accept the supervision and management of the administrative departments of forestry and shall not destroy forest resources.
Twelfth forestry administrative departments at all levels shall establish and improve the monitoring system of forest resources, and organize forest resources surveys regularly. Forestry administrative departments at the county level shall establish forest resources archives, statistics and announcement system, and report the changes of forest resources step by step every year.
Thirteenth units and individuals are encouraged to invest in the development of forestry and establish artificial commercial forest bases.
The trees in the artificial commercial forest base are cut with the cutting license, and the cutting quota is managed separately. If the deforested land completes the task of reforestation, it will be returned to the afforestation fund and the renovation fund.
The artificial commercial forest base is determined by the local county-level forestry administrative department.
Fourteenth any unit or individual shall not arbitrarily change the affiliation of state-owned forest farms and nurseries, and shall not occupy state-owned forest resources.
The establishment, alteration, cancellation or change of affiliation of state-owned forest farms and nurseries shall be put forward by the administrative department of forestry of the local city or county, and shall be submitted to the provincial administrative department of forestry for approval after being signed by the people's government at the same level.
State-owned forests that are not managed by state-owned forestry units shall be managed by forestry administrative departments at or above the county level, and may also be entrusted to collective economic organizations or individuals.
Fifteenth collectively owned mountain forests should adhere to the two-tier management system of unified management and individual management, stabilize the responsibility system of forestry contract production, and guide forest farmers to implement various forms of joint logging, joint afforestation and joint-stock cooperative management.
Article 16 If the barren hills, wasteland and wasteland contracted to households are not planted within the time limit stipulated in the contract, the village collective economic organizations shall bring them into collective management, or cooperate in afforestation, or re-contract.
Steep slopes with a slope of more than 25 degrees should be converted from farmland to forests. Returning farmland to forests will enjoy subsidies and preferential policies according to regulations. The local people's government should also plan to resettle forest farmers in mountainous areas who have difficulties in living.
Article 17 Except in cases prohibited by laws and administrative regulations, the right to use forests and woodlands and the ownership and right to use trees may be transferred, inherited, mortgaged, priced as shares or used as conditions for joint venture afforestation and forest management, but the woodlands shall not be changed into non-woodlands without authorization.
Article 18 Where a construction project must requisition or occupy forest land, the land-using unit or individual shall apply to the forestry administrative department at or above the county level in accordance with the law, and go through the examination and approval procedures for construction land in accordance with the provisions of land management laws and regulations after being approved by the forestry administrative department in accordance with the statutory authority and procedures.
Units or individuals that have been approved to requisition or occupy forest land shall pay forest vegetation restoration fees according to law, and pay compensation fees and resettlement subsidies for forest land, trees and other ground attachments to units or individuals that have been requisitioned or occupied forest land. Specific measures shall be implemented in accordance with the relevant provisions of the state and the province.
Nineteenth approved requisition and occupation of forest land need to cut trees, by land units or individuals to the local forestry administrative departments at or above the county level to apply for a forest cutting license, the cut trees into the current year's forest cutting quota.
Twentieth because of the laying, erection of transmission, communication, broadcasting and other pipelines need to cut down trees, it should be handled in accordance with the law.
Chapter III Greening Editing
Twenty-first people's governments at all levels should strengthen their leadership over afforestation, carry out afforestation publicity and education, organize professional teams, units and citizens to carry out afforestation activities, carry out afforestation tasks, organize inspection and acceptance, and improve afforestation quality.
Twenty-second units that have the obligation to plant trees according to law shall complete the task of planting trees assigned by the local greening Committee. Units that fail to fulfill their obligations to plant trees shall pay greening fees for greening in accordance with state regulations.
Afforestation and greening of organs, organizations, military units, schools, enterprises and institutions shall be the responsibility of this unit.
The system of plain greening and coastal shelterbelt shall be uniformly planned and implemented by the municipal and county people's governments.
Afforestation and greening on both sides of railways and highways, on both sides of rivers, around lakes and reservoirs, scenic spots and urban planning areas shall be the responsibility of all relevant departments and units.
Collectively owned barren hills and wasteland suitable for forest shall be planted by village collective economic organizations or village (neighborhood) committees.
Encourage timber units and business units to cooperate with rural collective economic organizations and forest farmers for afforestation, or contract and lease barren hills and wasteland for afforestation, and enjoy preferential treatment according to relevant regulations.
Article 23 Major rivers, streams, railways, highways, lakes and reservoirs, areas with serious soil erosion and other places suitable for closing hillsides for afforestation.
Twenty-fourth afforestation should adhere to the principle of reasonable structure, excellent varieties, biological safety, suitable for the site and trees, and encourage the planting of high-quality, high-yield and efficient tree species.
Afforestation implements the quality responsibility system. The design, construction and supervision of afforestation projects shall abide by the technical regulations for afforestation and ensure the quality of afforestation. Forestry administrative departments shall strengthen guidance, supervision and inspection.
The fourth chapter 4 forest resources protection editor
Twenty-fifth people's governments at all levels should strengthen the work of forest fire prevention, and implement the responsibility system for forest fire prevention, the responsibility system for administrative leadership and the accountability system. According to the relevant provisions of the state and province, organize the delineation of forest fire prevention responsibility areas, establish and improve forest fire prevention organizations and fire inspection systems, and ensure the funds for forest fire prevention and fire suppression. Subsidies such as missed work and meals will be given to those who participate in the fire fighting, and medical treatment, disability assessment, disability subsidies and pensions will be given to those who are injured, disabled or sacrificed due to fire fighting, and the legal responsibilities of the perpetrators and relevant responsible personnel will be investigated.
Forest village committees and grass-roots units shall establish and improve forest protection and fire prevention organizations, formulate forest protection and fire prevention conventions, and equip full-time or part-time forest guards.
Every year 1 65438+1October1is the forest fire prevention period in the whole province. The people's government at the county level may, according to the local actual situation, advance or extend the forest fire prevention period in the local area, determine the key time periods and key areas of forest fire prevention, and make an announcement.
Strengthen the management of field fire use in forest areas. During the forest fire prevention period, if it is really necessary to use fire in the field, fire prevention measures shall be implemented and approved by the people's government at the county level or its entrusted organs. In key periods and areas of forest fire prevention, it is forbidden to use fire in the wild.
In the border areas of provinces, cities, counties and townships (towns), the relevant people's governments shall establish forest fire prevention organizations to be responsible for forest fire prevention, fire fighting and forest protection.
Twenty-sixth people's governments at all levels should implement the policy of "prevention first, comprehensive management", strengthen the leadership of forest pest control and quarantine work, and implement the target management of forest pest control.
The competent forestry administrative department shall organize the prediction and prevention of forest diseases and insect pests.
Forest plant quarantine institutions are specifically responsible for the quarantine of forest plants and their products.
Twenty-seventh people's governments at all levels should strengthen the protection and management of public welfare forests and forest nature reserves.
The people's governments at or above the county level shall establish archives, set up signs, clearly protect ancient and famous trees, and implement management and protection responsibilities and funds.
Without the approval of the provincial forestry administrative department, precious trees and plant resources with special value shall not be cut and collected. The identification of precious trees and plant resources with special value shall be carried out in accordance with the relevant provisions of the state and the province respectively.
Twenty-eighth people's governments at or above the county level may, according to the needs of forestry law enforcement, set up forest public security institutions after approval according to relevant procedures.
Chapter V Editing of Forest Logging and Timber Management
Twenty-ninth forests and trees should be cut in accordance with the principle that forest consumption is lower than the growth and the annual cutting index stipulated by the provincial people's government. Trees with DBH above 5 cm should be included in the cutting quota.
Bamboo cutting should be carried out in a planned way.
Thirtieth public welfare forests and natural broad-leaved forests shall only be cut for tending and regeneration.
Trees in scenic spots and revolutionary memorial sites, and trees in the core areas and buffer zones of nature reserves are prohibited from logging.
It is forbidden to cut trees on steep slopes and dangerous slopes that are easy to cause soil erosion or difficult to restore vegetation after cutting.
Thirty-first logging shall apply for a cutting license in accordance with the law, and the logging shall be carried out in accordance with the provisions of the license, except that rural residents cut scattered trees owned by individuals in their private plots and in front of their houses.
The department that examines and approves the issuance of cutting licenses shall not issue cutting licenses exceeding the annual cutting quota. When issuing a cutting license, the purpose, location, tree species, forest condition, area, accumulation, cutting methods and renewal measures of cutting shall be approved.
Thirty-second cutting land, burning land and forest diseases and insect pests should be restored in the same year or the next year at the latest.
Appropriate afforestation subsidies will be given to those who have completed the conversion of farmland to forests in the deforested areas, burned areas and deforested areas of public welfare forests.
Thirty-third in any of the following circumstances, the cutting license shall not be issued:
(1) The ownership certificate of forests, trees and woodlands has not been obtained or the ownership is disputed; (two) did not complete the previous year's cutting land, burning land and forest pest control land reforestation task; (three) tending and updating of public welfare forests and natural broad-leaved forests without operational design; (four) other trees prohibited by laws and regulations.
Article 34 The people's governments of forest districts and counties shall safeguard the interests of forest farmers and reduce their burdens. In addition to the taxes prescribed by the state and the fees charged by the national and provincial people's governments, no other fees shall be charged to forest farmers.
Article 35 The establishment of timber market shall follow the principles of rational distribution, convenient circulation and protection of resources. Forestry, industry and commerce, taxation and other administrative departments should cooperate closely to do a good job in the supervision and management of the timber market.
Units or individuals that manage and process timber in forest areas and counties must meet the conditions stipulated by laws and regulations and report to the competent forestry administration department for approval in accordance with legal procedures.
It is forbidden to use natural broad-leaved forest to burn charcoal. Restrict the use of natural broad-leaved forest to produce wood-based panels and edible fungi.
Thirty-sixth transport of timber or trees out of the county, out of the province, shall hold a timber transport certificate issued by the forestry administrative department at or above the county level. Timber transport documents should go with the goods. Without a timber transport certificate, railway, highway, shipping and other departments and individuals may not carry it.
Anyone who transports wood or digs trees in this county shall hold a certificate of legal origin.
Thirty-seventh to apply for a timber transport license, it shall submit the cutting license or other legal source certificate, quarantine certificate and other documents stipulated by the provincial forestry administrative department.
The administrative department of forestry shall issue a timber transport certificate within three days from the date of accepting the application.
Thirty-eighth in any of the following circumstances, there is no need to go through the formalities of timber transportation documents:
(1) Furniture for residents' own use;
(2) Wood imported from abroad has complete certificates;
(3) Sporadic small wooden products carried by individuals;
(four) boards for packaging recycled goods;
(five) other circumstances stipulated by the provincial forestry administrative department.
Thirty-ninth timber inspection stations and timber transportation inspection teams shall inspect the transported timber and the excavated trees according to law.
Without the approval of the provincial people's government, the timber inspection station and the timber transportation inspection brigade shall not be established or revoked. The required funds are included in the financial budget of the people's government at the same level.
The forestry administrative department may entrust the timber inspection station and the timber transportation inspection brigade to impose administrative penalties on acts that violate the laws, regulations and rules of timber transportation.
Article 40 On the basis of the obtained evidence and with the approval of the person in charge of the forestry administrative department at or above the county level, the personnel suspected of illegal logging, illegal logging, illegal acquisition and transportation of timber or illegally excavated trees may be temporarily detained.
The detention period shall not exceed seven days. If the situation is complicated, it may be extended to 30 days with the approval of the person in charge of this organ.
Chapter VI Ownership of Forests, Trees and Woodlands and Settlement of Disputes Article 41 Forests, trees and woodlands are owned by the state, except for forests, trees, woodlands owned by collectives and trees owned by individuals according to the law.
Article 42 Trees planted by rural residents in the front and back of houses (subject to the homestead obtained according to law), private plots, private hills and places designated by collective economic organizations, and trees planted by urban residents in the courtyard of their houses shall be owned by individuals.
The trees planted voluntarily belong to the forest land ownership unit; If there is another agreement or contract, the ownership of forest trees shall be determined according to the agreement or contract.
The trees planted in cooperation shall be owned by the partners.
Article 43 The confirmation of the ownership of forests, trees and woodlands shall be based on the ownership certificate issued by the people's government at or above the county level in accordance with the regulations when the forestry is finalized. If the ownership of forestry has not been determined or there is an error in determining the ownership, the land certificate issued by the people's government at or above the county level at the time of land reform or the land inventory kept by the relevant departments shall prevail. The legal change of ownership should be confirmed.
Forty-fourth under any of the following circumstances, after investigation, the original issuing authority shall cancel the forest right certificate issued by it:
(a) the evidence issued is forged or one party conceals or destroys the relevant evidence;
(two) the staff of the issuing authority has bending the law behavior when issuing certificates;
(three) issued in violation of legal procedures;
(4) Other circumstances stipulated by laws and regulations.
Article 45 The ownership of forests, trees and woodlands repeatedly distributed in land reform shall be settled through consultation in accordance with the principle of benefiting production, operation and management and giving consideration to the interests of both parties. If it is resolved through consultation, a certificate of ownership shall be issued for confirmation; If negotiation fails, forests, trees and woodlands shall be divided according to the natural topography of both sides; If the newly-built artificial forest belongs to the afforestation party before the ownership is determined, and the trees of the afforestation party need to continue to grow in other forests after the ownership is determined, the forest income shall be divided by the afforestation party and the forest land owner in proportion.
If the areas of the four areas recorded in the ownership certificate or land certificate of forests, trees and woodlands are inconsistent, the areas of the four areas shall prevail. Four landforms, with the nearest landform as the boundary; If the landforms and features recorded in the four areas cannot be determined, the people's government with administrative jurisdiction shall delimit them as appropriate according to the evolution and management status after the land reform.
During the land reform, the ownership of forests, trees and woodlands has not yet been determined, and after the land reform, it is approved by the people's governments at or above the county level and the provincial forestry administrative department to allocate it to units owned by the whole people, which belongs to the state.
Controversial unlicensed forest land belongs to the state, except for sporadic forest land that has been confirmed by the people's governments at or above the county level as collective ownership. The plantation is owned by the afforestation party; Natural forests are determined by the people's governments at or above the county level according to the evolution and management status after land reform.
Article 46 The collectively owned forests, trees and woodlands (including forests, trees and woodlands owned by individuals before the cooperative transformation) owned by units owned by the whole people before the transformation of the commune belong to the state; After the commune is transferred to a unit owned by the whole people, if there is an agreement or treatment, it should be confirmed.
Forests, trees and woodlands brought or donated due to relocation, marriage and other reasons in the process from land reform to cooperative transformation shall be collectively owned by the donee; After the cooperative transformation, if it is brought or donated, its ownership still belongs to the original collective economic organization.
Forty-seventh before the entry into force of these regulations, the trees planted by non-forest owners among forest owners shall be distributed to the foresters and forest owners in proportion; After the entry into force of these regulations, the trees planted in the forest land owner without authorization shall be owned by the forest land owner free of charge.
Forty-eighth disputed forests, trees and woodlands in the county shall be settled by the county and township (town) people's governments through consultation in accordance with relevant regulations; Across the city and county, by the relevant people's government through consultation. If negotiation fails, it shall be handled by the people's governments at the next higher level on both sides of the dispute according to law.
Forty-ninth disputed forests, trees and woodlands should be kept in the status quo before the dispute is resolved. No party may enter the disputed area to cut down trees or engage in other activities related to trees, and the relevant people's government shall not issue ownership certificates.
Fiftieth people's governments at all levels should strengthen their leadership in dealing with forest disputes. The institution responsible for handling mountain forest disputes shall handle mountain forest disputes in accordance with the prescribed functions and powers.
6 Chapter VII Legal Responsibility of Editors
Article 51 Whoever, for the purpose of illegal possession, has any of the following circumstances shall be punished in accordance with the provisions of the Forest Law and the Regulations for the Implementation of the Forest Law on illegal felling of trees:
(a) unauthorized felling of trees owned by others;
(two) cutting trees owned by others outside the place specified in the forest cutting license.
Article 52 Under any of the following circumstances, the violator shall be ordered to stop the illegal act and be punished according to the provisions of the Forest Law and the Regulations for the Implementation of the Forest Law on deforestation:
(1) cutting trees owned by units or individuals without obtaining a tree cutting license or in violation of the quantity, type, method, time and place specified in the tree cutting license, except for the rural residents who cut scattered trees owned by individuals on their private plots and in front of their houses;
(two) in violation of the time, quantity, tree species and methods specified in the forest cutting license, cutting trees owned by others at the place specified in the cutting license;
If a party to a forest right dispute cuts down disputed trees without authorization before the forest right is determined, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 53 Under any of the following circumstances, the violator shall be ordered to stop the illegal act, replant trees that have destroyed one to three times the number of trees, and be fined two to five times the actual loss value:
(a) deforestation, land reclamation, road construction, grave building, quarrying, earth borrowing, mining and damming without approval;
(two) in violation of the provisions of seed harvesting, tapping, digging roots, peeling bark, excessive pruning, resulting in the destruction of forests and trees;
(three) in violation of the provisions of closing hillsides for afforestation, cutting trees and grazing, resulting in the destruction of forests and trees;
(four) other acts of intentional destruction of forests and trees.
Fifty-fourth illegal acquisition of timber and trees in forest areas without proof of legal origin, the illegal acquisition of timber, trees and illegal income, and may impose a fine of one to three times the value of timber and trees.
Fifty-fifth without the approval of the administrative department of forestry in the forest area or county, the illegal operation and processing of timber shall be fined one to two times the illegal income.
Article 56 In any of the following circumstances, illegally transported timber or illegally cut trees shall be confiscated, and a fine of 10% to 30% of the value of illegally transported timber or illegally cut trees may also be imposed:
(a) repeated use or use of timber transport permits beyond the validity period;
(two) the use of timber transport permits obtained through sale and illegal transfer;
(three) the transportation route is obviously inconsistent with the starting and ending places stipulated in the timber transportation certificate;
(four) in the county transportation can not provide proof of legal source.
Article 57 Whoever uses natural broad-leaved forest to burn charcoal shall be ordered to make corrections, and the illegal charcoal burning and illegal income shall be confiscated, and a fine of one to three times the value of the illegal charcoal burning may also be imposed.
Fifty-eighth failure to approve the forest cutting license in accordance with the provisions or beyond the authority, the approval document is invalid. The person in charge and the person directly responsible of the approving unit shall be given administrative sanctions by the relevant departments according to the management authority, in addition to being ordered to compensate for the losses.
Article 59 Anyone who, in violation of the provisions of Article 34 of these regulations, collects fees from forest farmers shall be ordered to return them in full, and the person in charge of the unit and the person directly responsible shall be given administrative sanctions by the relevant departments according to their management authority.
Article 60 Whoever refuses or obstructs rangers, timber inspectors and other forestry administrative law enforcement personnel from performing their official duties according to law shall be punished in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
Article 61 If a forestry administrative law enforcement officer neglects his duty, abuses his power or engages in malpractices for personal gain while performing official duties, the relevant department shall give him administrative sanctions according to the management authority.
Article 62 Anyone who violates the provisions of the Forest Law and its implementing regulations and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VIII Supplementary Provisions
Article 63 Logging as mentioned in these Regulations includes mining.
The term "wood" as mentioned in these Regulations includes: logs, logs, sawn timber, bamboo, bamboo, wood-based panels, wood (bamboo) charcoal and other wood specified by the provincial people's government.
Article 64 These Regulations shall come into force as of July 6, 2004.