Zhejiang Provincial Forest Management Practices

Original Language Title: 浙江省林地管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399415.shtml

Zhejiang Provincial forest management practices

    (November 16, 2005, Zhejiang Province people's Government order No. 204, released March 13, 2014, order No. 321, published by the people's Government of Zhejiang Province, Zhejiang Province people's Government to amend (forest management in Zhejiang Province), 9 regulatory decision on amendments to come into effect January 1, 2006) Chapter I General provisions

    First to strengthen forest land management and conservation, the rational use of woodland, according to the People's Republic of China forestry law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated. Article forest in these measures, including canopy density 0.

    2 per cent of the tree forest and bamboo forest, shrub, sparse woodland, deforested and burned, pest control land, immature forest plantation, nursery and the forests of the people's Governments above the county-level planning. Article forest land owners and users of the legitimate rights and interests protected by law.

    No units or individuals may infringe upon it.

Fourth forest management practises the forest land register certification systems, forest land use control system.

    People's Governments at all levels must cherish forest, strengthen forest land management and suppression of offences of embezzlement and abuse of forest lands.

    Fifth forestry administration departments at or above the county level shall be responsible for the administrative area of woodland management and supervision.

    Sixth people's Governments above the county level housing and urban-rural development, development and reform, land resources, environmental protection, water conservancy, transportation, finance, public security, civil affairs, price and other relevant departments shall be according to their respective functions to assist the competent administrative departments of forestry forest land protection, management and use of the work.

    Chapter II administration of forest land ownership

    Article seventh forest land belongs to the State or collectively-owned, be lawfully assigned for use by units or individuals. Article eighth forest land owners or users (including woodlands contractor, the same below) should be in accordance with the People's Republic of China forestry real ' application of Ordinance to the forestry administration departments at or above the county level shall submit a registration application, the people's Governments above the county level shall register, issue ownership certificate, confirm the ownership or use of woodland.

    Specific registration certification of work undertaken by the forestry administration departments at or above the county level.

Section Nineth primary registration of forest land ownership, shall submit the following materials:

(A) forest management authority in the registration application form;

(B) proof of identity or qualifications of the applicant;

(C) forest land ownership documents;

    (D) other material prescribed by laws, rules and regulations. Article tenth forestry administrative departments in receipt of an application submitted by the applicant within 5 working days from the date of the application for review.

    Application materials submitted by the applicant in accordance with the provisions of article Nineth shall be admissible; not in conformity with the provisions requiring the applicant to provide supplementary material. 11th forestry administrative authority has accepted the application for registration, it should be said within 10 working days of acceptance, in the local newspapers, radio and television, Government portals, or fixed location designated by the Government shall be published.

Period of notice for the 30th. During the notice period, units and individuals objected to the registration application, Department of forestry administration its objection should be verified.

    Appeal units or individuals advocating legal and effective forestry administrative departments shall not be registered, registration and inform in writing the applicant reasons.

12th article that meets the following conditions, the forestry administrative departments shall be registered within 3 months from the date of acceptance of the application:

(A) clear woodland location, four to the boundary of the application for registration;

(B) forest land ownership documents complete and legally valid;

(C) no dispute over the ownership of forest land;

(D) the boundary markers shown in photo, features signs consistent with field.

    Does not meet the conditions prescribed in the preceding paragraph, is not registered by the Administrative Department of forestry, and inform the applicant in writing reasons for registration. 13th woodland is imposed by law, occupation or due to other causes loss of forest land ownership or the right to change, should be to the initial registration procedures for modification and cancellation of the registration authority.

Apply for change of registration or cancellation of registration, the following documents shall be submitted:

(A) forest management authority in the registration application form;

(B) forest land ownership certificates;

(C) loss of forest land ownership shall be altered or related proof materials.

    Wrong forest warrants, missing registrations or the loss, destruction, shall apply to the registration authority correction or replacement.

    Chapter III of woodland protection and utilization 14th forestry administration departments at or above the county level shall, in accordance with national economic and social development planning as well as ecological and environmental protection requirements, and is responsible for the preparation of the administrative area of woodland protection and utilization planning by the development and reform of administrative departments at the same level after the coordinated and reported to the people's Government at the same level.

    Woodland protection and utilization planning, without consent of the original organ, shall not be changed. 15th strict forest land use control system.

Prohibit the following acts of destroying forest lands:

(A) will be changed to non-forest land forest land without authorization;

(B) unauthorized in quarrying, mining, and forest floor soils, take sand, building and construction, for his grave and other activities; (C) unauthorized reclamation forest planted crops.

Slope of 25 degrees above the mountain have cultivated crops, it shall within returning farmland to forest.

    Need to change the nature and use of forest land, must be approved according to relevant procedures.

16th forest land-use of units and individuals, have the obligation to protect forest resources. Approved by the law, temporary occupation of forest land of units and individuals engaged in production and business activities, should take effective measures to protect the forest, shall not cause landslides, subsidence and serious soil erosion, shall not be approved for use outside the scope of damage woodland and its attachments.

    Vegetation destruction and deterioration of the ecological environment and caused serious soil erosion, should be responsible for governance.

    17th forestry production units on the premise of forest, can take advantage of the integrated forest resources management, improve operational efficiency, increase forest investment. Article 18th exploitation and utilization of forest land, can be carried out individually by the forest owners or users, can also be used by the forest owner or with other units and individual joint venture, cooperation, or in any other way.

    Joint development of forest land, should be based on the contract shall be determined in the form of forest land protection and exploitation of rights and obligations.

    Article 19th on exploitation and utilization of woodlands to create water conservation forest, soil and water conservation forest, wind breaking, environmental protection and other public welfare forest and shall be given financial compensation for forest ecological benefits.

Article 20th encouraged intensive farming methods, development of artificial commercial forest, timber and other raw materials forest bases.

    Artificial commercial forest bases in forest felling licenses in felling, cutting quota implementation of separate management.

    21st forestry administration departments at or above the county level shall be in accordance with strict protection and scientific management, reasonable and orderly approach, strengthening the guidance, supervision and services of forest exploitation.

    The fourth chapter of forest land use program

22nd forest use in these measures is divided into the following three categories:

(A) the expropriation and occupation of forest land, is due to construction (including construction of housing by farmers) need change the nature forest and forest land to construction land; (B) the temporary occupation of woodlands, nature is not changed woodland, and occupation of forest land surveying, construction of facilities, take sand quarrying, mining, and other activities, occupation period not exceeding 2 years.

During the occupation shall not build permanent structures, of forestry production conditions must be restored after the expiry;

    (C) the forestry production and occupation of forest land, refers to the forest management unit in the management of woodland built directly within the scope of construction work for the forest service facilities, need to occupy forest land.

    23rd expropriation and occupation of forest land for construction, the applicant shall apply to the forestry administrative departments at the county level, Department of forestry administration in accordance with statutory authority and procedures for examination and approval, in accordance with the land administration laws and regulations approval of construction land. Article 24th of expropriation and occupation of forest land, applications should provide.

County-level forestry Executive Department submit the following materials:

(A) the application form for expropriation and occupation of forest land;

(B) the applicant is the unit, provide documents or certificates and the identity of the legal representative, is to provide my personal identity;

(C) is levied or occupying forest land the ownership certificate;

(D) construction projects required by the relevant Administrative Department (nuclear), are required to submit project (nuclear) must file, within the scope of a planned urban area should also be submitted to the Planning Department issue a project site submissions;

(E) report of the feasibility study on expropriation and occupation of forest land;

(Vi) and was signed by expropriation or occupation of forest land forest land, forest compensation and resettlement agreement or certificate;

    (VII) other material prescribed by laws, rules and regulations.

25th temporary occupation of forest land, apply to the forestry administrative departments at the county level should submit the following materials:

(A) the application form for temporary occupation of forest land;

(B) the applicant is the unit, provide documents or certificates and the identity of the legal representative, is to provide my personal identity;

(C) the ownership certificate by occupation of forest land;

(D) the investigation report of forest land;

(E) the project shall be subject to the relevant administrative departments (nuclear), are required to submit project (nuclear) files;

    (F) the laws, regulations, rules and regulations of the other materials.

26th forestry production and occupation of forest land, apply to the forestry administrative departments at the county level should submit the following materials:

(A) occupation of forest land application form;

(B) the applicant is the unit, provide documents or certificates and the identity of the legal representative, is to provide my personal identity;

(C) the ownership certificate by occupation of forest land;

(D) the project shall be subject to the relevant administrative departments (nuclear), are required to submit project (nuclear) files;

    (E) laws, regulations, rules and regulations of the other materials.

27th expropriation and occupation of forest land reaches this number, in accordance with the People's Republic of China 16th of provisions of the regulations for the implementation of the forestry law, forestry administrative departments shall be submitted to the State Council approval:

(A) the collection, take shelter forest special use forest land area of 10 hectares or more;

(B) timber, forest, forest forest and deforested land area of 35 hectares or more;
(C) more than 70 hectares of woodland.

Expropriation or occupation of forest land area is less than the amount prescribed in the preceding paragraph, by the provincial Department of Forestry Administration approval.

28th temporary occupation of forest land and approval formalities ratification in accordance with the following permissions:

(A) the temporary occupation or special-purpose forest area of more than 5 hectares of shelter-forest and other wooded land area of 20 hectares or more, approved by the Forestry Administration Department of the State Council;

(B) the temporary occupation of shelterbelt, or special uses area of 5 hectares of forest land and other wooded land area of 10 hectares or more of up to 20 hectares, and approved by the provincial forestry administrative departments;

(C) temporary occupation in addition to shelter forest and special-use forests more than 2 hectares of woodland outside of up to 10 hectares, approved by the District Department of forestry administration;

    (D) temporary occupation in addition to shelter forest and special uses area of 2 hectares of forest land other than the following, the County forestry administration departments for approval.

    29th forestry production and occupation of forest land, which belongs to the State-owned forest management unit, approved by the provincial forestry administrative departments; other forest management units and individuals, approved by the forestry administrative departments at the county level. Article 30th forestry administrative departments shall accept the application within 20 working days of said review has been completed, to report or take a decision in accordance with the approval authority.

Not to approve a decision, it shall state the reasons in writing and inform the applicant. Department of forestry administration in considering applications for temporary occupation of forest land, of applications for the proposed, should the situation in woodland Township (town) people specified a fixed place to make an announcement, announcement on 7th. During the notice period, units or individuals, such as objections, forestry administrative departments to verify its objections.

Appeal relevant entities or individuals claims there is legal basis, shall not be approved by the Administrative Department of forestry, the reasons and inform in writing the applicant rejection.

    Notice of expropriation and occupation of forest land approval procedures, the Department of land and resources administration in accordance with the land administration law, regulations of regulations. 31st expiry of temporary occupation of forest land, without special reasons shall not be renewed.

    Renewal of special circumstances so require, the occupier shall, on the expiry of 30 currently apply to the forestry administrative departments, to apply for temporary occupation of forest land and approval procedures. Article 32nd provincial forestry administrative departments may authorize subordinate administrative departments deal with forest land use approval.

    Delegated departments shall not delegate. Article 33rd overall design of a project should be based on one application in expropriation and occupation of forest land, shall not be dismembered.

    Phased construction project staging shall be applied for and approved, shall not be prior to use or not use. 34th approved using specific delineation of the scope of forest land, must have the forestry administration departments at or above the county level to the scene supervising.

    Units and individuals must follow the approved amount, extent of forest land-use. 35th approved uses of forest land needed to cut trees, by the employer, the individual units according to law or its delegate to the forestry administration departments at or above the county level, where the tree obtain the tree cutting license, and include cutting quotas that year.

    Harvesting of the forest belongs to the original forest owners.

    Article 36th for violation of these rules to use forest lands or otherwise illegal occupation of forest land, units and individuals have the right to refuse and occupation of forest land.

    Fifth chapter of forest land use fees

37th expropriation and occupation of forest land unit or individual, forest vegetation recovery fee shall be paid in accordance with the regulations and be subject to, occupied by units or individuals to pay compensation of forest land, forest and other land, resettlement compensation.

    Units or individuals of the temporary occupation of forest land, forest vegetation recovery fee shall be paid in accordance with the regulations, and to be occupied by units or individuals pay the compensation fee of forest and other fixtures on the ground. Article 38th compensation fee of forest land, in accordance with their collection, occupying first 3 years 4 to 7 times multiplier of local average annual output value of cultivated land.

    Calculation method in accordance with the average annual output value of Zhejiang Province (People's Republic of China land management law) way to 27th of the provisions of that article.

    39th forest and compensation fees for other fixtures on the ground set out by the provincial forestry administrative departments, submitted to the provincial people's Government for approval before implementation.

    40th resettlement criteria in accordance with the Zhejiang Province, implementation of People's Republic of China Law of land management measures article 24th of the regulations.

    41st according to level of economic development and regional differences, the city and County (city, district) people's Government can improve the local compensation fee of forest land, forest and other fixtures on the ground pay standards for compensation, resettlement, but standard, shall not be reduced.

    42nd forest vegetation recovery charges in accordance with national forest restoration fee is imposed by the criteria set out in, the use of interim measures for the administration of pay.

    Article 43rd forest vegetation recovery fees shall be in accordance with State regulations implemented earmarking, for use in reforestation and restoration of forest vegetation, including the forest resource inventory, planning and design, site preparation, planting, raising, forest fire, pest control, maintenance expenditure of resources, not flat, hold back or diverted to any other use. 44th expropriation and occupation of forest land and compensation for temporary occupation of forest land on both sides of the (rental) standards as well as the required cutting of trees in recognition of forest species, age, material yield, annual output value have disputes and negotiation fails, one or both may apply to the forestry administration departments at or above the county level decisions.

    Award of specific measures by the provincial Department of forestry administration in place, submitted to the provincial people's Government for approval.

    The sixth chapter legal liability

    45th in violation of paragraph one of this article 15th (a) and (b), article 23rd, in accordance with the People's Republic of China article 43rd of the regulations for the implementation of the forestry law shall be punished.

    46th article violates this article 15th paragraph (c) provides that reclaimed forest lands without permission, cause damage to forests, trees, and in accordance with the People's Republic of China 41st article provisions of the regulations for the implementation of the forestry law will be punished.

    47th article violates this article 16th paragraph, caused landslides, subsidence and serious erosion of forest land, the local Department of Forestry Administration ordered to take effective protective measures and fined 5000 Yuan and 50,000 yuan fine.

    48th or move or destroy forest land ownership boundary markers, marker, the local Department of Forestry Administration ordered recovery; within the prescribed period cannot be restored, back to the actual cost of damages on behalf of the Department of forestry administration restored according to each pillar site marker, and impose a fine of less than 100 Yuan and 500 Yuan.

    49th forging, altering forest warrants, as well as other information related to forest land ownership chart, forestry administration departments at or above the county level shall be ordered to correct within a collection of forged, altered forest warrants and related information, and a fine of less than 2000 Yuan and 10,000 yuan.

    Rules violation of 50th, overcharged, reduce, waive, slow delivery, or conceal, withhold or misappropriate, collected forest vegetation restoration cost of units and individuals, by a higher or similar financial authorities and the relevant Department in charge shall command a correction, and in accordance with the relevant provisions of the financial regulations on penalties for offences.

51st above county level forestry administrative departments and the staff of the departments concerned of any of the following circumstances, the directly responsible person in charge and other direct liable persons, by their units, higher authorities or administrative supervisory organs shall be given administrative sanctions:

(A) failing to register with the forest land ownership or registration not correct improper;

(Ii) altering the forest land category and nature;

(C) fraud examination and approval of forest land use;

(Iv) in excess of their statutory powers, the legal procedures and time limit for approval of forest land use;

(E) for forest violations should be given administrative punishments according to law without punishment or administrative punishment obviously unfair;

    (Vi) other acts of dereliction of duty, abuse of authority or engages in.

    52nd in violation of these rules constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

    The seventh chapter by-laws 53rd these measures come into force on January 1, 2006.