Administrative Measures For The Use Of Forest Land Approval Of Construction Projects

Original Language Title: 建设项目使用林地审核审批管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399682.shtml

  35th National Forestry Bureau



The construction project on the use of forest land management of approval on February 15, 2015 Council for consideration by the State Forestry Administration, are hereby promulgated and, as of May 1, 2015.
  
The March 31, 2015
  Administrative measures for the use of forest land approval of construction projects

First in order to regulate the use of forest land and the approval of construction projects, strict protection and rational use of forest land, promoting eco-forestry and forestry development in people's livelihood, according to the People's Republic of China forest and the People's Republic of China on administrative licensing law and the People's Republic of China regulations for the implementation of the forestry law, these measures are formulated. Second construction project using forest land in these measures refers to in the woodlands of permanent and temporary buildings and structures have been built on, as well as other changes in forest land use of construction behavior.

Included:

(A) the exploration and mining of mineral deposits and the construction and occupation of forest land;

(B) construction projects temporary occupation of woodlands;

(C) forest management unit within the operating range of woodland built directly to the engineering facilities of the forestry service and occupation of forest land.

Third construction project should not or less accounted for woodland, woodland must be used, must conform to the forest protection and utilization planning, reasonable and economical and intensive use of woodland.

Using control of total amount of forest land and quota management of construction projects.

Construction project limits using ecological location of important and ecologically fragile areas of woodland, restrictions on the use of natural and high volume per unit area of forest land, limiting commercial construction projects using forest land.

Article fourth occupying construction projects and temporary occupation of forest land shall comply with provisions of the forest classification management:

(A) all types of construction projects shall use class I protection forest.

(B) approval, consent of the construction project of the State Council, provincial-level people's Governments and their relevant departments and approved by the relevant departments of the State Council's infrastructure, public utilities, construction projects, you can use the second level and below to protect forest land.

(C) the defence and Foreign Affairs construction projects, you can use the second level and below to protect forest land.

(D) the County (city, district) and city divided into districts, autonomous prefectures and their approved infrastructure, public utilities, construction projects, you can use the second level and below to protect forest land. (E) the emerging industries of strategic projects, exploration projects, large and medium mines, in line with the relevant tourism planning of eco-tourism development project, you can use the second level and below to protect forest land.

Other industrial, warehousing and in accordance with the plan of construction project management of projects, you can use the third level and below to protect forest land.

(F) in accordance with the construction projects of urban planning and rural planning of construction projects, you can use the second level and below to protect forest land.

(G) consistent with nature reserves, forest park, Wetland Park, scenic spots, such as planning and construction projects, you can use nature reserve, forest park, Wetland Park, within the scenic area ⅱ level and below to protect forest land. (H) the roads, railways, telecommunications, electricity, oil and gas pipelines, linear projects and Water Conservancy and hydropower, waterways engineering, quarrying of construction project (sediment), soil use forest land-use forest land in accordance with the main construction project scope, but shall use class II protected woodlands in the woodlands.

Among them, all major forest areas in countries designated by the State Council (hereinafter referred to as key State-owned forest region), above grade shall not be used to protect forest land forest land.

(IX) other construction projects other than this project can use the IV protected woodlands.

The first paragraph of this article (b), (c), (VII) construction projects other than forest land-use, you may not use a-level national public welfare forest.

Under special circumstances the State Forestry Administration on specific construction projects using provisions of woodland from its provisions.

Article fifth audit rights of the construction and occupation of forest land, according to the People's Republic of China implementation of the forestry law enforcement of the relevant provisions of the Ordinance.

Construction and occupation of forest land, the forestry authorities for examination and approval, the construction units and individuals shall be handled in accordance with the laws and regulations of construction land approval procedures. Sixth construction projects temporary occupation of forest land and forest management units in the business built directly within the woodland to forestry production facilities at the project approval of the occupation of forest land, local people's Governments at or above the county level forestry departments in accordance with the provinces, autonomous regions and municipalities directly under the relevant regulations.

Among them, the construction of key State-owned forest region in the project, approved by the Provincial Forestry Department.

Article seventh and occupation of forest land and the temporary occupation of forest land forest land-use applications or individual shall fill in the application form for the forest land-use, while providing the following documentation:

(A) land certificate or identity certificate of qualification. (B) documents relating to approved construction project.

Includes: reply reply, approved the feasibility study report, for the record confirmation document, exploration permits and mining permits, preliminary design approval documents belonging to batch item, provided by the relevant people's Government agreed to the batch specifications and plans. (C) intends to use forest-related material. Including: woodland ownership certificate, and woodland ownership certificate schedule or woodland proved; belongs to temporary occupied woodland of, provides with to units and was using woodland of units, and rural collective organization or personal signed of using woodland compensation agreement or other compensation proved material; involved using state-owned forest, State-owned forestry enterprises business of State-owned woodland, provides its belongs competent sector of views material and the with to units with signed of using woodland compensation agreement; belongs to meet nature reserve, and forest park, and Wetland Park, and

Planning of scenic spots such as construction projects, provide relevant plans or materials related to the certificate of accordance issued by the Administrative Department of planning, which relates to the woodland nature reserves and forest parks, provide to the competent authorities or bodies of material.

(D) a qualified construction projects made use woodlands of feasibility report or woodland survey form.

Article eighth built directly for the forest service's forest land-use applications engineering facilities of the forest management unit, should fill out the application form for using forest land, provide relevant approval document or description of the necessity of building engineering facilities, and engineering facilities, use of forest area information description.

Nineth construction projects require the use of forest land, land units or individuals should apply to the woodlands County forestry authorities of the location of; cross-county, respectively, the woodlands is located the County forestry authorities to apply.

Tenth County forestry authorities to complete materials, in line with conditions of forest land-use applications, within 10 working days from the date of receipt of the application, assign 2 or more staff to conduct on-site inspection, and fill out the forest site identification form. 11th County forestry authorities for construction projects to be used in woodland, in the village of woodland is located (groups), or intending to use the forest land within the forest uses, scope, area, and more publicity, publicity period of 5 working days.

However, in accordance with the provisions of relevant laws and regulations do not require publicity otherwise.

12th forestry authorities in accordance with the provisions of article need to be submitted to the next higher people's Governments review and approval of the construction project, lower-level people's Government forestry departments will preliminary review comments and all the materials submitted to the next higher people's Government forestry authorities.

Reviews should include the following: basic situation of project, intending to use the forest and tree cutting, in line with the situation of woodland protection and utilization planning, forest land-use quotas, as well as on-site inspection, publicity, and so on.

13th article of forestry audit approval authority the application materials are incomplete or do not comply with the statutory format, shall inform the land units or individuals within a one-time written corrections; overdue for the correction is not made, return the application materials. Article 14th present measures stipulated in the third and fourth conditions and in line with State policy, will not have a significant impact on the ecological environment, has the right to audit approval the competent forestry authorities shall make a decision on forest land-use licensing, in accordance with national standards in advance of the forest vegetation recovery after the written decision on approving an administrative license is issued by units or individuals.

Does not meet the above criteria, the competent forestry authorities shall make no use of woodland administrative licensing decision, refusing to issue permits to the unit or individual decisions, informed the reason for disapproval.

Has the right to audit approval the competent forestry authorities on land and individual forest land-use applications, should be in the People's Republic of China Law on administrative licensing licensing decisions within the prescribed deadline. 15th construction projects require the use of forest land, land units or individuals should apply for.

Breaking up, avoiding forest land use review and approval is strictly prohibited.

Clear stages in construction project approval document or piecewise construction project, under subparagraph or implementing arrangements, in accordance with the provisions of permission to apply for forest land-use procedures.

Mine covers the whole scope of the project determined, rolling development, can develop in stages in accordance with the provisions of permission to apply for forest land-use procedures.

Road, railway, water conservancy and hydropower construction projects supporting resettlement and special facilities construction, respectively the specific construction projects, permission pursuant to the provisions for the audit procedures. Need State or State about sector approved of highway, and railway, and oil and gas pipeline, and water hydropower, construction project in the of bridge, and tunnel, and cofferdam, and diversion (Canal) hole, and entry road and transmission facilities, control sex monomer engineering and supporting engineering, according to about carried out early work of approval, can by provincial forestry competent sector handle control sex monomer engineering and supporting engineering first using woodland audit procedures.

Overall project application, shall be attached to individual projects and supporting projects of forest land-use permits and applications, permission pursuant to the provisions for the audit and approval procedures.

16th national or provincial roads, railway across multiple cities (counties), has completed registration materials and to the start conditions, prefecture-level city unit, by a Government Forestry Department segment of the overall project audit privilege auditing.

Large and medium hydropower project dam site, area, respectively, by the local forestry authorities with overall program review permissions departments audited.
17th roads, railways, power transmission lines, oil and gas pipeline construction project of water conservancy and hydropower, waterways and temporary occupation of forest land, based on construction progress, once or in batches by the competent forestry authorities with overall project approval authority approving the provisional occupation of forest land.

18th, emergency rescue and disaster relief, much-needed forest land-use and construction projects, according to the relevant provisions of laws and regulations on land administration may initially use forestland. Land unit or individual shall, within 6 months following the disaster made use woodlands audit procedures.

Belonging to temporary sites, post-disaster recovery of forestry production conditions, compensation according to law after the restore forest users, not for land approval procedures.

19th construction project due to design changes and other reasons for increased use of forest area, according to rules rights for land audit approval; use the woodland location needs to change or reduce the use of forest area, to the former auditing and approval authorities apply the change. 20th road, railway, water conservancy and hydropower, channel construction project, such as a temporary occupation of forest land remains to be used after the expiry of the approval period shall be 3 months before the date of expiry, by land units apply to the approval authority to extend temporary occupation and provided the article seventh paragraph (c) provides for compensation, the material.

Original examination and approval organs shall be reviewed in accordance with the conditions laid down in this way, making the continuation of administrative licensing decision. 21st the State shall protect the lawful rights and interests of forest property rights.

Construction project of forest land-use, units and individuals should be forests, trees and forest land shall be subject to compensation.

22nd construction projects after the expiry of the temporary occupation of forest land, land should be restored to be used within one year of woodland forest conditions.

The County forestry authorities should strengthen supervision of land use forest lands, urged the land recovery forest conditions.

Article 23rd superior competent forestry authorities may authorize subordinate competent forestry authorities use the forest for construction projects the implementation of administrative licensing.

24th by the examination and approval of construction projects that use forest, after approval in accordance with the relevant provisions, forestry authority of the people's Governments above the county level shall timely change management archives of forest land. 25th upon approval of forest land-use projects, written decision on approving an administrative license is valid for two years. Construction projects during the term without obtaining the approval of construction land, land should be submitted to the original examination and approval authority before the expiry of 3 months extension of the application, the original examination and approval authorities shall, on the written decision on approving an administrative license is made before the expiry of the decision whether or not to grant an extension.

Construction projects during the term without obtaining the approval of construction land without applying for an extension, written decision on approving an administrative license is invalid.

26th article of the forest land-use application form, of the forest land-use check list form, prescribed by the State Forestry Bureau.

27th article this way called ⅰ, ⅱ, ⅲ, ⅳ protected woodlands, refers to the basis of woodland protection and utilization planning of the people's Government above the county level to determine woodland.

National public welfare forest in these measures refers to according to the State Forestry Bureau, established by the relevant provisions of the Ministry of public welfare forest.

28th article of the referred to "above" contains the number "below" is not included in this number. 29th these measures come into force May 1, 2015.



State Forestry Administration on January 4, 2001, January 25, 2011, to modify the expropriation and requisition of forest land occupied and approval of regulations repealed simultaneously.